There is a newer version of the North Dakota Century Code
2009 North Dakota Code
24 Highways, Bridges, and Ferries
24-09 Railroad Crossings
Download pdfmust be railroad crossbucks and advance warning signs designed and located pursuant to
section 39-13-07. These signing requirements and standards must be deemed adequate and
appropriate for warning of the existence and nature of each railroad crossing for all purposes
whatsoever. However, because of the availability of substantial federal funds, and for the purpose of promoting the additional safety and general welfare of the motoring public, and
railroad employees, and to secure the practical and orderly development of additional warning
systems beyond the standards herein, and to enable the various jurisdictional authorities to
implement existing statutes authorizing the determination of need and selection of additional
warning systems, and within the practical limitations of time and available public funds, the
department shall conduct and systematically maintain a survey of all streets and highways as
required by the Federal Highway Safety Act of 1973, to identify those railroad crossings which
may need additional warning systems beyond the standard crossbucks and advance warning
signs. To implement such survey and to make the determination of need and selection of additional warning systems, the department may screen, rate, and prioritize said crossings for
additional warning systems and establish an installation program. In order to foster additional
warning systems beyond the standards herein or improvements thereto, where such additional
warnings or improvements thereto are deemed necessary by any jurisdictional authority either
under this statute or any other statutes, neither the actions, proceedings, findings, or orders of
any jurisdictional authority, nor the actions of the railroad regarding such additional warning or
improvements thereto, prior to installation and operation thereof, are admissible in evidence in
any civil action for personal injury, death, or damage to property arising out of a public
highway-railroad crossing accident. 24-09-02. Uniform warning systems at railroad crossings. The department shall adopt and prescribe uniform warning systems in conformity with sections 39-13-06 and 39-13-07
for use at public grade crossings in this state which will be deemed adequate and appropriate
warning of the existence and nature of such grade crossings for all purposes whatsoever. 24-09-03. Railroads to establish signs. At each grade crossing in this state hereafter established and at each grade crossing where and when the existing crossing signs are replaced,
the railway company operating the railroad thereat shall erect and maintain on the highway on
each side of the railroad track or tracks, and within a distance of seventy-five feet [22.86 meters]
from the nearest rail, one or more of such uniform home-crossing signs. 24-09-04. Advance warning signs - Exceptions. The sole signing duty of the road authority, except as otherwise designated by the commission under section 24-09-08, at public
grade crossings in the state is the erection and maintenance of advance warning signs in
accordance with the manual on uniform traffic control devices. The road authorities have a reasonable length of time, not exceeding two years, in which to fully implement this requirement. 24-09-05. Stop signs may be required. At each grade crossing where, because of the dangers attendant upon its use, the reasonable protection to life and property makes it necessary
for all persons approaching the same to stop before crossing the railroad tracks thereat, stop
signs shall be installed. The department, after performing an engineering study of the crossing,
may designate any crossing requiring such additional protection as a stop crossing and shall
notify the road authority with jurisdiction over the roadway of such designation and of the location
where the stop sign is to be installed. Within thirty days after such notification, the road authority
shall erect uniform stop signs on separate posts at the designated location on each side of said
crossing. Page No. 1 24-09-06. Vehicles carrying school children, passengers for hire, or explosives must stop at railroad crossing. Repealed by S.L. 1975, ch. 347, § 25. 24-09-07. Speed limit at railroad crossing. Repealed by S.L. 1961, ch. 206, § 3. 24-09-08. Additional safeguards at crossings may be required. The commission, upon written application made to it by the director, the board of county commissioners of any
county, the board of supervisors of any township, any municipality, the railroad company, or upon
its own motion, shall investigate and determine whether any railroad grade crossing over any
state, county, township, or municipal highway in the state is dangerous to life and property and
needs protection further than that set out in this chapter, and may order the same protected in
any manner it may find reasonable and proper, including a requirement that the railroad company
separate the grades. In such cases, the commission shall give the railroad company interested
such notice of the investigation as it deems reasonable and an opportunity to be heard before
any order is made. The railroad company interested, within thirty days after the service of a copy
of such order upon it, may appeal to the district court of the county within which such crossing is
situated. 24-09-08.1. Department of transportation to apportion cost - Exception. In order to promote public safety at intersections of railroad lines and all classes of highways, the
department shall apportion the cost of automatic grade crossing protection devices in accordance
with this section. In the event that the commission in accordance with the provisions of section
24-09-08 orders that any grade crossing must be protected by automatic grade crossing
protection devices, the commission shall in its order apportion the cost thereof between the
railroad interested, the political subdivision having jurisdiction of the highway involved, and the
state of North Dakota. Such cost must be apportioned to such parties or to any one or more of
such parties on the basis of the benefit derived respectively by highway users and the railroad
from the installation of such crossing protection device. For the purpose of this section, the cost
attributable to the benefit of the highway users must be apportioned to the state of North Dakota
or to the political subdivision having jurisdiction of the highway involved or to both of such parties.
The cost apportioned to the state of North Dakota must be paid out of the highway fund in the
state treasury, provided that not more than one hundred thousand dollars may be expended for
this purpose in any one biennium. 24-09-09. Warning devices must be approved by department of transportation. The department, so far as practicable, shall secure uniformity in the devices used to protect
grade crossings. No such devices may be installed until the same have been approved by the
department. Except for devices prescribed under section 24-09-08, all devices installed, which
conflict with the devices approved by the department, either in their design or method of
operation, so as to create a hazardous condition to travel at such crossing, must be modified
immediately by the railway company controlling the same so as to conform to those approved by
the department. 24-09-10. Changing or closing railroad crossing - Power of public service commission - Hearing. It is in the interest of public safety to eliminate unnecessary railroad
grade crossings whenever reasonable access can be safely provided at another crossing.
Whenever it is desired, either by the public officials having the necessary authority or by the
railway company operating the railroad, to establish, vacate, or relocate any crossing of a public
highway and a railroad, or to separate grades, and an agreement cannot be reached between
the public official and the railway company, either as to the necessity for establishing, vacating,
or relocating a crossing or for separating grades, as to place, manner of construction, or a
reasonable division of the expense, either party may file a petition with the commission, setting
forth the facts and submitting the matter to it for determination. The commission, after giving
notice as it shall deem reasonable, shall conduct a hearing and shall issue its order determining
whether there should be an establishment, vacation, or relocation of the crossing in question, or
a separation of grades, and dividing the expense of the establishment, relocation, or separation
of grades. Irrespective of the establishment, relocation, or the consideration of further reasonable protection of a crossing, if the commission finds any railroad crossing to be
unnecessary or unsafe, it shall order the crossing closed after reasonable notice and hearing. Page No. 2 Whenever a final order is entered vacating or closing a crossing, it must be vacated or closed at
the railroad company's expense. 24-09-11. Overhead and underground railroad crossings may be required. The commission may require any railroad to construct and maintain overhead or underground
crossings and separate grades when in its opinion the interest and safety of the public require,
and may apportion the costs therefor in such manner as the commission deems proper, and no
overhead or underground crossing, nor separation of grades, may be made except upon petition
therefor to the commission and with the commission's approval. 24-09-12. Advertising signs not to obstruct or resemble crossing signs. No person, firm, corporation, or limited liability company may place or maintain any advertising sign or other
similar obstruction upon, over, or adjacent to any highway between any approach sign and the
grade crossing which it marks, nor may any person, firm, corporation, or limited liability company
place or maintain, upon, over, or adjacent to any public highway in this state any sign or symbol
in any manner resembling the signs provided for in this chapter. 24-09-13. Injuring crossing signs - Penalty. Repealed by S.L. 1975, ch. 106, § 673. 24-09-14. Failure to stop at crossing does not affect right to recover for injuries - Penalty. Repealed by S.L. 1975, ch. 106, § 673. Page No. 3 Document Outline chapter 24-09 railroad crossings
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