reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.20 — Stop Sign; Yield Sign.

219.20 STOP SIGN; YIELD SIGN.
Subdivision 1.
When installation required; procedure.
At each grade crossing not equipped with flashing lights or flashing lights and gates where, because of the dangers attendant upon its use, the reasonable protection of life and property makes it necessary for persons approaching the crossing to stop or yield before crossing the railroad tracks, stop signs or yield signs must be installed. When the government entity responsible for a road that crosses a railroad track deems it necessary to install stop signs or yield signs at that crossing, it shall petition the commissioner to order the installation of the stop signs or yield signs. The commissioner shall respond to the petition by investigating the conditions at the crossing to determine whether stop signs or yield signs should be installed at the crossing. On determining, after an investigation following a petition from a governmental agency or subdivision or on the commissioner's own motion, that stop signs or yield signs should be installed at a crossing, the commissioner shall designate the crossing as a stop crossing or yield crossing and shall notify the railway company operating the railroad at the crossing of this designation. Within 30 days after notification, the railway company shall erect the uniform stop crossing signs or yield crossing signs in accordance with the commissioner's order.
Subd. 2.
Stopping distances.
When a stop sign or a yield sign has been erected at a railroad crossing, the driver of a vehicle approaching a railroad crossing shall stop or yield within 50 feet, but not less than ten feet, from the nearest track of the crossing and shall proceed only upon exercising due care.
History:
(4743-5) 1925 c 336 s 5; 1971 c 25 s 67; 1976 c 166 s 25; 1985 c 265 art 4 s 1; 1987 c 397 s 2; 2013 c 127 s 55
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.22 — Stop, Look, And Listen.

219.22 STOP, LOOK, AND LISTEN.
Before proceeding across the railroad track at a crossing marked with a stop sign, drivers shall bring their vehicles to a full stop and ascertain whether or not trains are approaching the crossing.
History:
(4743-7) 1925 c 336 s 7; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.23 — Crossing Guard.

219.23 CROSSING GUARD.
If the commissioner of transportation finds in an investigation instituted by the commissioner or upon complaint and after opportunity for hearing, that a crossing guard is necessary to protect life and property at a grade crossing, it shall order the railway company operating the railroad at the crossing to provide a crossing guard and shall specify in the order the hours when the presence of the guard is required. The railway company shall then provide a crossing guard during that time. The crossing guard shall have full control over the traffic at this crossing.
History:
(4743-9) 1925 c 336 s 9; 1971 c 25 s 67; 1976 c 166 s 26; 1980 c 460 s 15; 1980 c 534 s 29; 1985 c 265 art 4 s 1; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.24 — Additional Safeguard.

219.24 ADDITIONAL SAFEGUARD.
If the commissioner of transportation finds in an investigation instituted upon the commissioner's own motion or upon complaint and after notice and hearing, that conditions at a grade crossing require additional safeguards to protect life and property, such as crossing gates or other suitable devices, the commissioner shall specify the nature of the devices required and may order the railway company operating the railroad at the crossing to install them.
History:
(4743-10) 1925 c 336 s 10; 1971 c 25 s 67; 1976 c 166 s 27; 1980 c 534 s 30; 1985 c 265 art 4 s 1; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.26 — Protective Crossing Device; Uniformity.

219.26 PROTECTIVE CROSSING DEVICE; UNIFORMITY.
The commissioner, so far as practicable, shall secure uniformity in the devices used to protect grade crossings. No devices may be installed until they have been approved by the commissioner. All devices which, in the opinion of the commissioner, conflict with devices approved by the commissioner, either in design or method of operation, so as to create a hazard to travel at the crossing, must be immediately modified by the railroad company controlling the crossing to conform to those devices approved by the commissioner.
History:
(4743-12) 1925 c 336 s 12; 1971 c 25 s 67; 1976 c 166 s 29; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.29 — Prohibited Sign.

219.29 PROHIBITED SIGN.
Subdivision 1.
Obstructing sign.
No person, firm, or corporation shall place or maintain any advertising sign or other similar obstruction upon, over, or adjacent to a highway between an approach sign and the grade crossing which it marks.
Subd. 2.
Resembling sign.
No person, firm, or corporation shall place or maintain upon, over, or adjacent to a public highway any sign or symbol resembling the signs provided for in sections 219.16 to 219.30.
History:
(4743-15) 1925 c 336 s 15; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.30 — Injuring, Destroying Sign.

219.30 INJURING, DESTROYING SIGN.
It is unlawful for a person to maliciously injure, remove, displace, deface, or destroy the signs or signals provided for in sections 219.16 to 219.30.
History:
(4743-16) 1925 c 336 s 16; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.31 — Building Fence And Cattle Guard.

219.31 BUILDING FENCE AND CATTLE GUARD.
Subdivision 1.
Duty.
Every railroad company shall build and maintain good and substantial fences on each side of all lines of its railroad, and good and sufficient cattle guards at all road and street crossings and other openings, except at station and depot grounds, and other places which the necessary business of the road or public convenience requires to be open.
When a person's land lying along a railroad right-of-way is enclosed on three sides by a woven wire fence, the railroad company shall erect and maintain a woven wire fence of like character and quality along the right-of-way enclosing the remaining side of the land.
Subd. 2.
Standard of care.
The railroad company is held to the exercise of ordinary diligence and care in building and maintaining fences and cattle guards and in keeping cattle guards free from ice and snow.
History:
(4744) RL s 1997; 1907 c 333; 1911 c 309 s 1; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.32 — Failure To Fence; Liability And Damages.

219.32 FAILURE TO FENCE; LIABILITY AND DAMAGES.
A railroad company failing to comply with section 219.31 is liable for all resulting damages, including domestic animals killed or injured by its negligence. If it fails to pay the actual damages caused by the killing or injury within 30 days after the damage occurs, the plaintiff shall recover double costs. The company, before the commencement of an action, may make tender for the injury. If the amount recovered, exclusive of interest, does not exceed the tender, the plaintiff shall not recover costs or disbursements.
History:
(4745) RL s 1998; 1983 c 359 s 21; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.33 — Fence, Crossing, Cattle Guard; Landowner Recourse.

219.33 FENCE, CROSSING, CATTLE GUARD; LANDOWNER RECOURSE.
Subdivision 1.
Liability.
A railroad company operating a line of railroad in this state, which has failed or neglected to fence the road and to erect crossings and cattle guards, is liable for all damages sustained by a person as a consequence of that failure or neglect.
Subd. 2.
Measure of damages.
The measure of damages for failure to construct or maintain a fence is as follows: the owner of land abutting on the line of railway of the railroad company may serve notice on any of its station agents between April 1 and October 1 of any year, requiring the construction of a fence on the line between the person's land and the company's right-of-way. If the company does not construct the fence within 40 days after service of the notice, the landowner may recover from the company an amount not exceeding twice the cost of construction, with costs and reasonable attorney's fee, to be allowed by the court, or the landowner may construct the fence after the expiration of that time and receive from the company double the cost of construction, with like costs and attorney's fee.
Subd. 3.
Duty to maintain.
The fence must be kept in repair by the railroad company in like manner and under like penalties as if built by the company.
Subd. 4.
Failure to serve notice.
Failure to serve notice does not relieve the railroad company from liability for damages for injuries to persons or domestic animals or other property, resulting from failure to fence its road.
History:
(4746) RL s 1999; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.34 — Fence Between Railroad And Public Road.

219.34 FENCE BETWEEN RAILROAD AND PUBLIC ROAD.
If a railroad company fails to fence its line where it adjoins a public road or street, or lies so near as to render travel on it dangerous, the governing body of the town or municipality having charge of the road or street, by notice as in the case of an abutting landowner, may require the fence to be built. In case of failure to build the fence within the time provided in section 219.33, the town or municipality has the rights and remedies given by section 219.33 to an abutting owner.
History:
(4747) RL s 2000; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.35 — Crossing And Drain.

219.35 CROSSING AND DRAIN.
Persons owning lands abutting upon a railroad may construct, at their own expense, crossings under, over, or across the railroad and drains under and across the railroad at places and in ways that do not obstruct or impair the use of the railroad. Before constructing them, the owner of the land shall serve on the nearest station agent of the company a notice, stating in detail the work which the landowner desires to perform, and the company may construct that work; but the crossings and drains may not be opened for the use of the landowner until the landowner pays the reasonable cost of construction. These crossings and drains must be maintained and kept in repair by the railroad company; however, the railroad may require reimbursement from the abutting landowners of its reasonable and accountable maintenance and repair costs when maintenance and repair are initiated by the landowner and agreed to in advance by the railroad company. The railroad company shall ensure, allow, and not prohibit reasonable egress and ingress under, over, and across a crossing except as may be required for maintenance of the crossing or for normal operation of the railroad.
History:
(4748) RL s 2001; 1985 c 265 art 4 s 1; 1986 c 444; 1991 c 83 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.36 — Gate At Farm Crossing.

219.36 GATE AT FARM CROSSING.
A railroad company, which erects at a farm crossing a gate for the exclusive use of the owner and occupants of that farm, provides a lock for the gate, and delivers the key for the lock to the owner or occupant, is not liable to the owner or occupant for an animal killed or injured because the gate was left open without fault of the company, unless the killing or injury resulted from the wanton or malicious act of the company or its employees.
History:
(4749) RL s 2002; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.37 — Ditch And Culvert.

219.37 DITCH AND CULVERT.
A railroad company or receiver or lessee of a railroad company, operating a line of railroad in the state, shall keep clean at all times between the first day of April and the first day of November of each year all ditches and culverts constructed by them for the drainage of their roadbed or right-of-way. This section does not apply to ditches and culverts not located upon the right-of-way of a railroad.
History:
(4750) 1909 c 377 s 1; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 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.
History:
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 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.384 — Removal Of Dangerous Obstruction.

219.384 REMOVAL OF DANGEROUS OBSTRUCTION.
Subdivision 1.
Removal ordered.
If a railroad company, road authority, or abutting property owner fails to control the growth of trees or vegetation or the placement of structures or other obstructions on its right-of-way or property so as to interfere with the safety of the public traveling on a public or private grade crossing, the local governing body of the town or municipality where the grade crossing is located may, by notice, require the obstruction to be removed as necessary to provide an adequate view of oncoming trains at the crossings. The commissioner shall adopt rules establishing minimum standards for visibility at public and private grade crossings.
Subd. 2.
Penalty.
A railroad company, road authority, or property owner that fails to comply with this section within 30 days after being notified in writing is subject to a fine of $50 for each day that the condition is uncorrected. This penalty may be recovered in the manner provided in section 219.97, subdivision 5.
History:
1991 c 298 art 2 s 7
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.39 — Dangerous Crossing; Complaint, Hearing.

219.39 DANGEROUS CROSSING; COMPLAINT, HEARING.
Upon written complaint authorized by the governing body of a city or county, by the board of supervisors of a town, or by authorized officers of a subject railroad, alleging that a railroad crossing a street, road, or highway in the city, town, or county is dangerous to life and property, and giving the reasons for the allegations, the commissioner shall investigate the matters contained in the complaint and, when necessary, initiate a hearing.
History:
(4662) 1911 c 243 s 1; 1923 c 134 s 1; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1975 c 313 s 2; 1976 c 166 s 33; 1980 c 534 s 35; 1Sp1981 c 4 art 2 s 21; 1985 c 265 art 4 s 1; 1999 c 86 art 1 s 48
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.402 — Adequate Crossing Protection.

219.402 ADEQUATE CROSSING PROTECTION.
Crossing warning devices or improvements installed or maintained under this chapter as approved by the commissioner or any predecessor, whether by order or otherwise, are adequate and appropriate warning for the crossing.
History:
1985 c 265 art 4 s 1; 1991 c 298 art 2 s 8; 1998 c 403 s 29; 2001 c 213 s 26
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.403 — Applicability To Local Laws.

219.403 APPLICABILITY TO LOCAL LAWS.
Nothing in this section or section 161.20, 219.40, or 219.071 changes existing law relating to the rights and liabilities of a city, town, or county in connection with the construction or maintenance of a railroad crossing, grade separation, or signal system, or impairs the terms or conditions of an existing arrangement or agreement, or renewals of it, between a railroad company and a municipality for the maintenance of a railroad crossing, grade separation, or signal system.
History:
1951 c 179 s 3; 1965 c 51 s 39; 1973 c 123 art 5 s 7; 1980 c 460 s 20; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.41 — Appeal; Order Enforcement.

219.41 APPEAL; ORDER ENFORCEMENT.
A railroad company or the city, town, or county making the complaint may appeal from an order of the commissioner of transportation to the district court of the county in which the crossing is located. The same appeal proceedings must be held as now provided by law for an appeal from orders of the commissioner. Orders of the commissioner must be enforced by the attorney general.
History:
(4664) 1911 c 243 s 3; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1976 c 166 s 36; 1980 c 534 s 37; 1985 c 265 art 4 s 1; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.42 — Failure To Comply; Penalty.

219.42 FAILURE TO COMPLY; PENALTY.
A railroad company or city, town, or county failing to comply with an order of the commissioner of transportation that is not appealed from or, if appealed from, affirmed in whole or in part, is liable to a penalty of $50 for every day of noncompliance, to be collected in civil action brought by the attorney general.
History:
(4665) 1911 c 243 s 4; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1976 c 166 s 37; 1980 c 534 s 38; 1985 c 265 art 4 s 1; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.44 — Charter Powers Not Abridged.

219.44 CHARTER POWERS NOT ABRIDGED.
Nothing in sections 219.39 to 219.44 repeals, abridges, modifies, or affects the power contained in the charter of a city to require railroads to maintain gates, flaggers, or safety devices at public highway crossings in that city, or any ordinance enacted pursuant to that power.
History:
(4667) 1911 c 243 s 6; 1973 c 123 art 5 s 7; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.45 — Applicability.

219.45 APPLICABILITY.
Sections 219.45 to 219.53 apply to a person, corporation, or anyone owning, operating, or maintaining a structure or obstruction adjacent to railway tracks and to a corporation, receiver of the corporation, or any person while engaged as a common carrier in the transportation by railroad of passengers or property to which the regulative powers of this state extend, except a railway operated by the electric trolley system.
History:
(4753) 1913 c 307 s 1; 1937 c 238 s 1; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.47 — Clearance Exceptions.

219.47 CLEARANCE EXCEPTIONS.
Subdivision 1.
Permanent.
The commissioner of transportation, upon application made, after a thorough investigation, may permit a common carrier, person, or corporation to which sections 219.45 to 219.53 apply, to erect an overhead or side obstruction closer to the track than provided for in section 219.46, to construct track at less clearance than provided for in section 219.46, and to reconstruct and maintain them when in the judgment of the commissioner compliance with the clearance prescribed in section 219.46 is unreasonable or unnecessary or the erection or construction of the overhead or side obstruction or tracks or the reconstruction and maintenance of them at less clearance than provided in section 219.46 will not create a condition unduly hazardous to the employees of that common carrier, person, or corporation. Before taking final action on the application, the commissioner need conduct only those hearings or other proceedings as it finds necessary for the resolution of the material issues raised by the application.
Subd. 2.
Temporary.
The commissioner, upon application made, may grant temporary clearance variances, with appropriate safeguards and without hearing, for statutory encroachments resulting from emergency or temporary construction situations.
History:
(4755) 1913 c 307 s 3; 1915 c 171 s 2; 1937 c 238 s 3; 1943 c 390 s 8; 1971 c 25 s 67; 1976 c 166 s 42; 1980 c 460 s 21; 1980 c 534 s 41; 1985 c 265 art 4 s 1; 1986 c 468 s 3; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.50 — Obstructing Space Between Tracks.

219.50 OBSTRUCTING SPACE BETWEEN TRACKS.
It is unlawful for a common carrier, person, or corporation subject to sections 219.45 to 219.53 to permit the space between or beside tracks that is ordinarily used by employees in the discharge of their duties and is within 8-1/2 feet of the centerline of the track, to become or remain obstructed by a foreign obstacle that will interfere with the work of the employees or subject the employees to unnecessary hazard. This space between or beside the tracks and between the rails of the tracks must be kept in a condition as to permit the employees to pass over or between the tracks or to use the space day or night and under all weather conditions without unnecessary hazard.
History:
(4758) 1913 c 307 s 6; 1913 c 448 s 1; 1980 c 460 s 22; 1985 c 265 art 4 s 1; 2022 c 55 art 1 s 113
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.501 — Rail Carrier Walkways.

219.501 RAIL CARRIER WALKWAYS.
Subdivision 1.
Duty to provide walkways.
(a) Rail carriers must provide walkways adjacent to those portions of yard tracks where rail carrier employees frequently work on the ground performing switching activities. For purposes of this section, "frequently work" means at least five days per week, one shift per day.
(b) This section applies to reconstruction and new construction of yard track completed after July 1, 2008.
(c) This section does not apply to an entity that owns or operates track in this state other than Class I and Class II rail carriers as classified by the Federal Railroad Administration.
Subd. 2.
General requirements.
(a) Walkways constructed pursuant to this section may be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar nonrevenue material. When crushed material is used, 100 percent of the material must be capable of passing through a 1-1/2-inch square sieve opening, and at least 90 percent of the material must be capable of passing through a one-inch square sieve opening provided, however, a de minimus variation is not a violation of this section where the rail carrier has made a good-faith effort to comply with the percentage requirements. Smaller crushed material is preferable, where drainage and durability issues do not arise. Material that is three-quarter inch or less in size is recommended for switching lead tracks.
(b) Walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage.
(c) Cross slopes for walkways must not exceed one inch of elevation for each eight inches of horizontal length in any direction.
(d) Walkways must be a minimum width of two feet.
(e) Walkways regulated under this section must be kept reasonably clear of spilled fuel, oil, sand, posts, rocks, and other hazards or obstructions.
Subd. 3.
Allowances for unusual conditions.
Rail carriers are not required to comply with the requirements of this section during (1) maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts, and similar weather or seismic conditions, and (2) during a reasonable period after any occurrences identified in clause (1) in order to allow a return to compliance.
Subd. 4.
Waiver of requirements.
Upon written request of a rail carrier, the commissioner may waive any portion of this section where conditions do not reasonably allow compliance. A decision of the commissioner is subject to the requirements under section 218.041.
History:
2008 c 350 art 2 s 1; 2023 c 25 s 109
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.51 — Violations And Penalties.

219.51 VIOLATIONS AND PENALTIES.
Subdivision 1.
Violation.
A common carrier, corporation, or person subject to sections 219.45 to 219.53 violating any of the provisions of those sections, is liable to a penalty of not more than $500 for each violation.
Subd. 2.
Failure to correct.
If a common carrier, person, or corporation (1) fails to correct a violation of sections 219.45 to 219.53 when ordered by the commissioner of transportation within the time provided in the order, and (2) does not appeal the order, then failure to correct the violation as ordered by the commissioner constitutes a new and separate offense distinct from the original violation of sections 219.45 to 219.53.
Subd. 3.
Duties of attorney general.
The penalty must be recovered in a suit brought in the name of the state by the attorney general in a court having jurisdiction in the locality where the violation was committed. Under the direction of the commissioner, the attorney general shall bring suit upon receipt of duly verified information from any person of a violation being committed. The commissioner shall lodge with the attorney general information of any violation as may come to their knowledge.
Subd. 4.
Walkway orders.
When the commissioner finds that rail carrier employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway constructed before July 1, 2008, the commissioner may, under the provisions of this section, order a rail carrier to construct a walkway adjacent to a portion of track where employees are performing switching activities, or require a rail carrier to modify an existing walkway in conformance with the standards set forth in section 219.501, within a reasonable period of time.
Subd. 5.
Filing of complaints.
No formal complaint of an alleged violation of sections 219.45 to 219.53 may be filed until the filing party has attempted to address the alleged violations with the rail carrier. Any complaint of an alleged violation must contain a written statement that the filing party has made a reasonable, good-faith attempt to address the alleged violation.
History:
(4759) 1913 c 307 s 7; 1937 c 238 s 4; 1971 c 25 s 67; 1976 c 166 s 43; 1980 c 534 s 42; 1985 c 265 art 4 s 1; 1998 c 403 s 29; 2008 c 350 art 2 s 2
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.52 — Warning Sign; Reporting Clearance Violations.

219.52 WARNING SIGN; REPORTING CLEARANCE VIOLATIONS.
If a structure is nearer the track than as provided by sections 219.45 to 219.53, the commissioner of transportation shall provide for warning signs to be placed on it of a design and type as the commissioner considers proper unless the commissioner determines a sign is unnecessary. Railroad inspectors of the Department of Labor and Industry shall report to the commissioner and attorney general any violation of sections 219.45 to 219.53 of which they may obtain knowledge.
History:
(4760) 1913 c 307 s 8; 1937 c 238 s 5; 1971 c 25 s 67; 1976 c 166 s 44; 1980 c 460 s 23; 1980 c 534 s 43; 1985 c 265 art 4 s 1; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.53 — Contributory Negligence.

219.53 CONTRIBUTORY NEGLIGENCE.
(a) An employee of a common carrier who, while performing duties and engaged in any commerce mentioned in section 219.45, subject to the regulative provisions of sections 219.45 to 219.53, is injured or killed by reason of (1) a violation of section 219.50, (2) a structure or obstruction erected or maintained before the passage of or in violation of sections 219.45 to 219.53, or (3) a structure or obstruction erected or maintained in closer proximity to the rails than provided in sections 219.45 to 219.53 shall not be deemed to have assumed the resultant risk or to have been guilty of contributory negligence although the employee continued in the employ of the common carrier after becoming aware of the use of the permanent overhead or side structure or obstruction mentioned in sections 219.45 to 219.53.
(b) An exercise of the permission provided for in section 219.47 is at the sole risk of the carrier.
History:
(4761) 1913 c 307 s 9; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.54 — Freight Platform.

219.54 FREIGHT PLATFORM.
(a) Within 30 days after written notice, served in the same manner as a summons in district court, from the governing body of a statutory city containing 250 inhabitants or more, a railroad company shall provide platforms at stations as required by the city and at other stations and sidings when required by the commissioner of transportation.
(b) These platforms must:
(1) be immediately alongside of the railroad company's tracks or sidetracks;
(2) have approaches at each end;
(3) be suitable and convenient for loading and unloading heavy machinery and other freight upon and from the railroad company's cars;
(4) be at least 12 feet wide, strongly built, and floored with planking at least three inches thick;
(5) be at least 32 feet long, exclusive of approaches;
(6) be the height of the floor of an ordinary boxcar; and
(7) have approaches of such grade that heavily loaded vehicles and equipment can be driven on them.
(c) Any company failing to comply with this section shall forfeit to the state not less than $500 nor more than $1,000 for every 30 days that the failure continues.
History:
(4762) RL s 2003; 1923 c 142 s 1; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1976 c 166 s 45; 1980 c 460 s 24; 1980 c 534 s 44; 1985 c 265 art 4 s 1; 1998 c 403 s 29
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.561 — Track Motor Car; Equipment.

219.561 TRACK MOTOR CAR; EQUIPMENT.
Subdivision 1.
Lights.
A person, firm, or corporation operating or controlling a railroad shall equip each of its track motor cars used during the period from 30 minutes before sunset to 30 minutes after sunrise with:
(1) an electric headlight of such construction and of sufficient candlepower to render plainly visible at a distance of not less than 300 feet in advance of the track motor car a track obstruction, landmark, warning sign, or grade crossing; and
(2) a rear electric red light of such construction and of sufficient candlepower as to be plainly visible at a distance of 300 feet.
Subd. 2.
Windshield and top.
Upon request of the section lead supervisor in any section operated by a railroad referred to in subdivision 1, a track motor car must be equipped within 90 days with a windshield and top wide and high enough to reasonably protect the employees from weather. However, a railroad company is not required in any one year to equip more than an additional 25 motor cars with that equipment.
Subd. 3.
Penalty.
A person, firm, or corporation operating or controlling a railroad and using or permitting to be used on its line in this state a track motor car in violation of this section is guilty of a misdemeanor.
History:
1949 c 680 s 1,2; 1961 c 405 s 1; 1985 c 265 art 4 s 1; 1986 c 444; 2023 c 25 s 111
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.567 — Failure To Ring Bell.

219.567 FAILURE TO RING BELL.
An engineer driving a locomotive on a railway who fails to ring the bell or sound the whistle on the locomotive, or have it rung or sounded in accordance with Federal Railroad Administration regulations under United States Code, title 49, section 20153, is guilty of a misdemeanor.
History:
(10263) RL s 5001; 1985 c 265 art 4 s 1; 1Sp2005 c 6 art 3 s 87
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.568 — Other Violations Of Duty.

219.568 OTHER VIOLATIONS OF DUTY.
An engineer, conductor, brake tender, switch tender, train dispatcher, or other officer, agent, or servant of a railway company, who is guilty of a willful violation or omission of duty as an officer, agent, or servant, by which human life or safety is endangered and for which no punishment is specially prescribed, is guilty of a misdemeanor.
History:
(10264) RL s 5002; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.57 — Prevention Of Fire.

219.57 PREVENTION OF FIRE.
Subdivision 1.
Spark arrester.
A company operating a railroad shall use upon each locomotive engine a good and efficient spark arrester, which the master mechanic shall have examined each time before leaving the roundhouse. The master mechanic and the employee making the examination are responsible for the good condition of the spark arrester. However, the company is not relieved from its responsibility under this section.
Subd. 2.
Clear right-of-way.
A company shall keep its right-of-way clear of combustible materials, except ties and other materials necessary for the maintenance and operation of the road, from April 15 to December 1, annually.
Subd. 3.
Fires tended, reported.
No company shall permit its employees to leave a deposit of fire, live coals, or ashes in the immediate vicinity of woodland or land liable to be overrun by fire. An engineer, conductor, or train crew member discovering fire adjacent to the track shall report it promptly at the first telegraph or telephone station reached.
Subd. 4.
Extinguishment and prevention instruction.
In dry seasons a railroad company shall instruct its employees in the prevention and extinguishment of fires and have warning placards furnished by the director of the Division of Lands and Forestry of the Department of Natural Resources conspicuously posted at every station in the vicinity of forest and grass lands. When a fire occurs near the line of its road, the railroad company shall concentrate help and adopt measures available for its extinguishment.
Subd. 5.
Patroller.
In dry seasons the railroad company shall employ at least one patroller for each mile of its road through lands liable to be overrun by fire to discover and extinguish fires occurring near the line of the road, by which is meant a distance within which fire could usually be set by sparks from a passing locomotive.
Subd. 6.
Misdemeanor.
A railroad company violating this section is guilty of a misdemeanor and may be assessed costs of prosecution for each offense.
A railroad employee violating this section is guilty of a misdemeanor and may be assessed costs of prosecution.
History:
(4911) RL s 2037; 1909 c 182 s 1; 1911 c 9 s 1; 1967 c 905 s 5; 1969 c 1129 art 3 s 1; 1985 c 265 art 4 s 1; 1987 c 329 s 21; 2005 c 10 art 3 s 13
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.64 — Assumption Of Risk; Contributory Negligence.

219.64 ASSUMPTION OF RISK; CONTRIBUTORY NEGLIGENCE.
An employee of a common carrier who is killed or injured due to improperly adjusted and filled frogs, switches, and guardrails or by a locomotive, tender, car, similar vehicle, or train in use contrary to federal or state railroad safety laws and standards shall not be held to have assumed the risk of death or injury by continuing in the employment of the carrier after obtaining knowledge of the unlawful use of the locomotive, tender, car, similar vehicle, or train; nor may the employee be held to have contributed to the injury when the carrier has violated federal or state railroad safety laws and standards and the violation contributed to the death or injury of the employee.
History:
(4920) 1907 c 202; 1909 c 488 s 7; 1980 c 460 s 25; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.661 — Speedometer; Legislative Findings.

219.661 SPEEDOMETER; LEGISLATIVE FINDINGS.
The legislature finds that the safe operation of locomotives by common carriers by rail within the state requires that they be equipped with fully operable speedometers within view of the engineer or operator of the locomotive.
History:
1975 c 406 s 1; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.662 — Speedometer Required; Reports.

219.662 SPEEDOMETER REQUIRED; REPORTS.
Subdivision 1.
Requirement.
No railroad locomotive may be operated without a speedometer or speed recorder functioning correctly within three miles per hour and within the view of the engineer or operator of the locomotive.
Subd. 2.
MS 2022 [Repealed, 2023 c 25 s 190]
Subd. 3.
Yard switching service.
Locomotives operated or used exclusively within designated yard limits in switching service need not be equipped in accordance with this section.
Subd. 4.
Failure of required equipment.
If the required equipment fails after a locomotive has commenced to move in service, the railroad operating that locomotive is not in violation of this section and section 219.661 if the defect is corrected at the next initial terminal, as defined in section 219.551, subdivision 2, where regular maintenance forces are available to repair or replace the equipment.
Subd. 5.
Notice of compliance.
A railroad shall notify the commissioner of the date that each locomotive comes into compliance with this section. The notification shall state the serial number or other identification of the locomotive.
Subd. 6.
Compliance list or schedule.
A railroad affected by this section shall maintain at a designated location a list or schedule of the locomotives referred to in subdivision 5. It shall set forth, along with other information, the date that the speed indicator or speed recorder was calibrated and found to be functioning in accordance with this section. It shall advise the commissioner as to the designated location.
Subd. 7.
Enforcement.
The commissioner shall enforce this section and may issue orders proper to require compliance with it.
History:
1975 c 406 s 2; 1976 c 166 s 49-51; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.752 — Minimum Crew Size.

219.752 MINIMUM CREW SIZE.
Subdivision 1.
Class I or Class II railroad.
A Class I railroad or Class II railroad must not operate a train or light engine used in connection with the movement of freight unless it has a crew of a minimum of two individuals.
Subd. 2.
Class III railroad.
(a) For purposes of this subdivision, "shared corridor" means a segment of railroad track in which light rail transit operates within or adjacent to right-of-way used in freight rail operation.
(b) A Class III railroad while operating in a shared corridor must not operate a train or light engine used in connection with the movement of freight unless it has a crew of a minimum of two individuals.
Subd. 3.
Exemption.
The requirements of this section do not apply to hostler services or utility employees.
Subd. 4.
Penalty; action.
(a) Any railroad that willfully violates this section must pay a fine of not less than $250 or more than $1,000 for a first offense, not less than $1,000 or more than $5,000 for a second offense committed within three years of the first offense, and not less than $5,000 nor more than $10,000 for a third or subsequent offense committed within three years of the first offense.
(b) Fines prescribed in this section must be recovered in a civil action before a judge of the county in which the violation occurs.
History:
2023 c 68 art 4 s 75
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.753 — Crane On Tracks; Detector; Misdemeanor.

219.753 CRANE ON TRACKS; DETECTOR; MISDEMEANOR.
A crawler crane, a locomotive crane, or a truck crane, as defined in the definitions of occupational safety and health administration standards of the United States Department of Labor, which operates upon a railroad track and has a boom which extends 12 feet or more vertically above the ground or the rails, must be equipped with a warning device able to detect an electrical line which comes within 15 feet of the boom. When an electrical line is detected, no person is required to operate the crane unless the electricity is shut off or the electrical line is rerouted in a manner to prevent contact with the machine. Violation of this section by a person or corporation is a misdemeanor.
History:
1975 c 286 s 1; 1985 c 265 art 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.76 — Damage Caused By Train Or Contents; Insurable Interest.

219.76 DAMAGE CAUSED BY TRAIN OR CONTENTS; INSURABLE INTEREST.
A railroad operating in this state is responsible in damages to every person who is injured and public or private entity or person whose property is injured, damaged, or destroyed by fire spread directly or indirectly by the locomotive or rolling stock in use upon its railroad line, or contents of the rolling stock, or caused directly or indirectly by spill, tear, discharge, or combustion of train contents. Each railroad shall have an insurable interest in the property upon the route of its railroad line and may procure insurance in its own behalf for its protection against the damages.
History:
(4932) RL s 2041; 1909 c 378 s 1; 1985 c 265 art 4 s 1; 2015 c 75 art 2 s 33
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.761 — Response To Train-related Fire Or Other Emergency; Reimbursement.

219.761 RESPONSE TO TRAIN-RELATED FIRE OR OTHER EMERGENCY; REIMBURSEMENT.
Subdivision 1.
Reimbursement.
(a) A railroad operating in Minnesota is liable for all reasonable expenses of a fire or other emergency that is proximately caused by a railroad locomotive, rolling stock or its contents, or employees on a railroad right-of-way, operating property, or other property. If an emergency responder, local government entity, or nonprofit firefighting corporation responds to a fire or responds to another emergency and deems that it is entitled to reimbursement for its expenses, it shall, within 60 days after the first full day after the emergency response, give the railroad written notice stating the circumstances of the fire or other emergency as then known. The notice may be given to the railroad at any address at which the owner has an office, agent, or other place of business in this state. The date of the mailing is the date or service of the notice. For purposes of this paragraph, reasonable response expenses include all expenses incurred by a fire department or other emergency responder in supplying mutual aid assistance, regardless of whether the fire department or emergency responder is entitled to reimbursement from the entity requesting assistance.
(b) If after notice and claim for reimbursement, the railroad refuses to reimburse the local government, or nonprofit firefighting corporation, or other emergency responders for expenses incurred, the claimant may recover by civil action reasonable expenses, costs, disbursements, and attorney's fees.
Subd. 2.
Information in claim.
All claims must set forth the basis of the claim including the time, date, place, and circumstances of the claim. A claim must also include an itemization of costs incurred to extinguish the fire or respond to the emergency. The state Fire Marshal, in consultation with fire department chiefs, representatives of the interested railroads, representatives of local government entities, nonprofit firefighting corporations, and other emergency responders, may recommend that additional information be included in a claim.
Subd. 3.
Other costs, remedies.
(a) If the railroads are required to pay property taxes pursuant to chapter 272 or any other law, they shall also pay the fees and assessments required of property owners situated within the same political subdivision for firefighting and protection expenses.
(b) Neither the enactment of this section nor its subsequent repeal or termination alters the statutory or common law rights, duties, or obligations of railroad companies with regard to fires and other emergencies caused directly or indirectly by a railroad locomotive, rolling stock, contents, or railroad employees on a railroad right-of-way, operating property, or other property, or caused directly or indirectly by spill, tear, discharge, or combustion of train contents.
History:
1977 c 95 s 1; 1981 c 32 s 2; 1985 c 265 art 4 s 1; 2015 c 75 art 2 s 34
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.77 — Railroad Employer Liability.

219.77 RAILROAD EMPLOYER LIABILITY.
A company, person, or corporation, owning or operating as a common carrier or otherwise a steam railroad or railway in the state, is liable in damages to an employee suffering injury while engaged in that employment; or, in case of death of the employee, to the personal representative for the benefit of the surviving spouse and children of the employee; and if none, then to the employee's parents; and if none, then to the next of kin dependent upon the employee, for injury or death resulting in whole or in part from the negligence of the officers, agents, or employees of the employer, or by reason of a defect or insufficiency in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment due to the employer's negligence.
History:
(4933) 1915 c 187 s 1; 1923 c 333 s 1; 1951 c 51 s 1; 1985 c 265 art 4 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 219 — Railroad Safety And Employment › Section 219.79 — Contributory Negligence Does Not Bar Recovery.

219.79 CONTRIBUTORY NEGLIGENCE DOES NOT BAR RECOVERY.
Subdivision 1.
When damages reduced.
In an action brought against an employer under or by virtue of sections 219.77 to 219.83, to recover damages for death or personal injury of the employee, the fact that the employee may have been guilty of contributory negligence does not bar a recovery but the damages must be diminished by the jury in proportion to the amount of negligence attributable to that employee.
Subd. 2.
When damages not reduced.
An employee who is injured or killed may not be found guilty of contributory negligence when the employer's violation of a statute enacted for the safety of employees contributed to the injury or death of the employee.
History:
(4935) 1915 c 187 s 3; 1985 c 265 art 4 s 1