19.0478.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2133
of North Dakota
Introduced by
Senators O. Larsen, Bekkedahl
Representatives Hoverson, McWilliams, Paulson
1 A BILL for an Act to amend and reenact sections 39-10-41 and 39-10-43 of the North Dakota
2 Century Code, relating to railroad grade crossings; and to provide a penalty.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 39-10-41 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 39-10-41. Obedience to signal indicating approach of train or other on-track
7 equipment.
8 1. Whenever any person drivingWhen a vehicle approaches a railroad grade crossing
9 under any of the circumstances stated in this section, the driver of suchthe vehicle
10 shall stop within fifty feet [15.24 meters] but not less than fifteen feet [4.57 meters]
11 from the nearest rail of such railroad, and may not proceed until the driver can do so
12 safely. The foregoingThese requirements apply when:
13 a. A clearly visible electric or mechanical signal device gives warning of the
14 immediate approach of a railroad train or other on-track equipment;
15 b. A crossing gate is lowered or when a human flagman gives or continues to give a
16 signal of the approach or passage of a railroad train or other on-track equipment;
17 c. A railroad train or other on-track equipment approaching within approximately
18 one thousand three hundred twenty feet [402.34 meters] of the highway crossing
19 emits a signal audible from such distance and such railroad train or other
20 on-track equipment, by reason of its speed or nearness to such crossing, is an
21 immediate hazard; or
22 d. An approaching railroad train or other on-track equipment is plainly visible and is
23 in hazardous proximity to such crossing.
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1 2. NoA person may not drive anya vehicle through, around, or under any crossing gate or
2 barrier at a railroad crossing while suchthe gate or barrier is closed or is being opened
3 or closed. NoA person may not drive anya vehicle past anya human flagman at a
4 railroad crossing until the flagman signals that the way is clear to proceed.
5 SECTION 2. AMENDMENT. Section 39-10-43 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 39-10-43. Certain vehicles must stop at all railroad grade crossings.
8 1. The driver of a bus carrying passengers, or of anya schoolbus, or of anya vehicle
9 carrying any chlorine, empty or loaded cargo tank vehicles used to transport
10 dangerous articles or any liquid having a flashpoint below two hundred degrees
11 Fahrenheit [93.33 degrees Celsius], cargo tank vehicles transporting a commodity
12 having a temperature above its flashpoint at the time of loading, certain cargo tank
13 vehicles transporting commodities under special permits issued by the hazardous
14 materials regulations board, and every motor vehicle which must have the following
15 placards: "explosives", "poison", "flammable oxidizers", "compressed gas",
16 "corrosives", "flammable gas", "radioactive", or "dangerous", before crossing at grade
17 any track or tracks of a railroad, shall stop suchthe vehicle within fifty feet [15.24
18 meters] but not less than fifteen feet [4.57 meters] from the nearest rail of suchthe
19 railroad and while so stopped shall listen and look in both directions along suchthe
20 track for any approaching train or other on-track equipment, and for signals indicating
21 the approach of a train or other on-track equipment and may not proceed until the
22 driver can do so safely. After stopping as required herein and upon proceeding when it
23 is safe to do so, the driver of any saidthe vehicle shall cross only in such gear of the
24 vehicle that there will be no necessity for manually changing gears while traversing
25 suchthe crossing and the driver may not manually shift gears manually while crossing
26 the track or tracks.
27 2. NoA stop need be madeis not required at any sucha crossing at whichif traffic is
28 controlled by a police officer. For the purposes of this section, a United States marshal
29 must beis considered a police officer.
30 3. NoA stop need be madeis not required at a crossing that the director has designated
31 as an out-of-service crossing and which is clearly marked by signs bearing the words
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1 "Tracks out of service" or "Exempt" in conspicuous places on each side of the
2 crossing.
3 4. The designation must be limited to use at crossingsa crossing where track has been
4 abandoned or its use discontinued.
5 5. The director shall notify the road authority and any railway company of a crossing
6 under the jurisdiction of that railway company which the director has designated as an
7 out-of-service crossing under this section and the road authority shall erect signs
8 bearing the words "Tracks out of service" or "Exempt" in conspicuous places on each
9 side of the crossing.
10 6. All signs must conform to the manual on uniform traffic-control devices as provided
11 under section 39-13-06.
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Statutes affected: INTRODUCED: 39-10-41, 39-10-43
Enrollment: 39-10-41, 39-10-43