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169.26.1(c)

Statute ID: 17226

Statute Function ID: 35924

Traffic Regulation - Railroad Crossing - Failure to stop for human flagger

In Effect

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Statute Number:

169.26.1(c)

Enactment Date:

May 30, 2019

Effective Date:

Jul 1, 2019

Expiration Date:

Repealed?:

Summary Text:

Traffic Regulation - Railroad Crossing - Failure to stop for human flagger

Statute ID:

17226

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 - Failure to stop for human flagger

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169/26.html

Legislative Session:

2019 - Regular

Session Law Text?:

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.