2005 Minnesota Statutes - 219.383 — Safe operation of train over road; penalty.

     219.383 Safe operation of train over road; penalty. 


    Subdivision 1.    Speed fixed.  The commissioner of 
 transportation, on petition of a city council or a railway 
 corporation, may fix and determine after a hearing a reasonable 
 speed for the operation of an engine or train on and over a 
 railroad crossing of a public highway or street in that city. 


    Subd. 2.    Maximum speed.  Where the commissioner has 
 fixed the speed of an engine or train over a public highway or 
 street crossing in a city as provided in this section, the fixed 
 speed is the lawful maximum speed at which an engine or train 
 may be operated on and over that public highway or street 
 crossing, until changed by subsequent order of the commissioner. 


    Subd. 3.    Not to block public road or street.  No 
 railway corporation shall permit a public road or street 
 crossing a railroad track to be closed for traffic by a standing 
 car, train, engine, or other railroad equipment, or by a 
 switching movement which continuously blocks a crossing for 
 longer than ten minutes.  This subdivision does not apply to 
 cities of the first class which regulate obstruction of streets 
 by ordinance. 


    Subd. 4.    Penalty.  A railway corporation violating 
 this section is guilty of a petty misdemeanor.  A corporation 
 that commits a second or subsequent violation of this section is 
 guilty of a misdemeanor. 


    HIST: 1945 c 220 s 1-5; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 
 1976 c 166 s 32; 1980 c 460 s 17; 1980 c 534 s 34; 1985 c 265 
 art 4 s 1; 1987 c 329 s 21; 1994 c 636 art 2 s 7; 1998 c 403 s 
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