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169.26.1(a)(2)
Statute ID:
17224
Statute Function ID:
35921
Traffic Regulation - Railroad Crossing -- Approaching train - plainly visible/hazardous proximity.
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Petty Misdemeanor (PM)
General Offense Code:
DWI/Traffic/Vehicle Regulation (4)
Offense Summary Code & Rank:
Traffic/Accidents(exclude DWI) (J) (Rank 28)
Detailed Offense Code:
Traffic/Transportation (499)
Offense Severity Level:
Function Text:
UCR Code
Description
999
NIBRS Non-Reportable
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
Yes
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
Yes
Petty Misdemeanor Only if Prosecutor Certifies:
Yes
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
169.26.1(a)(2)
Enactment Date:
May 30, 2019
Effective Date:
Jul 1, 2019
Expiration Date:
Repealed?:
No
Summary Text:
Traffic Regulation - Railroad Crossing -- Approaching train - plainly visible/hazardous proximity.
Statute ID:
17224
Created:
Jun 11, 2019 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 11, 2019 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Amended 2019 SS1 C3 Art 3 Sect 42; effective 07/01/2019
Summary Text:
Traffic Regulation - Railroad Crossing -- Approaching train - plainly visible/hazardous proximity.
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/169/26.html
Legislative Session:
2019 - Regular
Session Law Text?:
No
Statute text last updated on:
Jun 11, 2019
(a) Except as provided in section 169.28, subdivision 1, when any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet from the nearest railroad track and shall not proceed until safe to do so and until the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past the farthest railroad track. These requirements apply when: (1) a clearly visible electric or mechanical signal device warns of the immediate approach of a railroad train or other on-track equipment; or (2) an approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity. (b) The fact that a moving railroad train or other on-track equipment approaching a railroad grade crossing is visible from the crossing is prima facie evidence that it is not safe to proceed. (c) The driver of a vehicle shall stop and remain stopped and not traverse the grade crossing when (1) a human flagger signals the approach or passage of a railroad train or other on-track equipment, or (2) a crossing gate is lowered warning of the immediate approach or passage of a railroad train or other on-track equipment. No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals that the way is clear to proceed or drive a vehicle past a lowered crossing gate.
