2003 Minnesota Statutes

     169.28 Certain vehicles to stop at railroad crossing. 

    Subdivision 1.    Stop required.  (a) The driver of any 
 motor vehicle carrying passengers for hire, or of any school bus 
 whether carrying passengers or not, or of any Head Start bus 
 whether carrying passengers or not, or of any vehicle that is 
 required to stop at railroad grade crossings under Code of 
 Federal Regulations, title 49, section 392.10, before crossing 
 at grade any track or tracks of a railroad, shall stop the 
 vehicle not less than 15 feet nor more than 50 feet from the 
 nearest rail of the railroad and while so stopped shall listen 
 and look in both directions along the track for any approaching 
 train, and for signals indicating the approach of a train, 
 except as hereinafter provided, and shall not proceed until safe 
 to do so.  The driver must not shift gears while crossing the 
 railroad tracks.  

    (b) A school bus or Head Start bus shall not be flagged 
 across railroad grade crossings except at those railroad grade 
 crossings that the local school administrative officer may 
 designate. 

    (c) A type III school bus, as defined in section 169.01, is 
 exempt from the requirement of school buses to stop at railroad 
 grade crossings. 

    Subd. 2.    Exempt crossing.  (a) The commissioner may 
 designate a crossing as an exempt crossing if the crossing is: 

    (1) on a rail line on which service has been abandoned; or 

    (2) on a rail line that carries fewer than five trains each 
 year, traveling at speeds of ten miles per hour or less. 

    (b) The commissioner shall direct the railroad to erect at 
 the crossing signs bearing the word "Exempt" that conform to 
 section 169.06.  The installation or presence of an exempt sign 
 does not relieve a driver of the duty to use due care.  A train 
 must not proceed across an exempt crossing unless a police 
 officer is present to direct traffic or a railroad employee is 
 on the ground to warn traffic until the train enters the 
 crossing. 

    (c) A vehicle that must stop at grade crossings under 
 subdivision 1 is not required to stop at a marked exempt 
 crossing unless directed otherwise by a police officer or a 
 railroad employee. 

    HIST: (2720-213) 1937 c 464 s 63; Ex1937 c 38 s 1; 1961 c 29 s 
 1; 1969 c 146 s 2; 1982 c 444 s 1; 1986 c 444; 1987 c 397 s 1; 
 1994 c 603 s 3; 2002 c 371 art 1 s 44; 1Sp2003 c 9 art 1 s 44