Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2061
(Transportation Committee)
(At the request of the Department of Transportation)
AN ACT to amend and reenact section 39-10-43 of the North Dakota Century Code, relating to railroad
crossings.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 39-10-43 of the North Dakota Century Code is amended and
reenacted as follows:
39-10-43. Certain vehicles must stop at all railroad grade crossings.
1.The driver of a bus carrying passengers, or of a schoolbus, or of a vehicle carrying chlorine,
empty or loaded cargo tank vehicles used to transport dangerous articles or any liquid having
a flashpoint below two hundred degrees Fahrenheit [93.33 degrees Celsius], cargo tank
vehicles transporting a commodity having a temperature above its flashpoint at the time of
loading, certain cargo tank vehicles transporting commodities under special permits issued by
the hazardous materials regulations board, and every motor vehicle which must have the
following placards: "explosives", "poison", "flammable oxidizers", "compressed gas",
"corrosives", "flammable gas", "radioactive", or "dangerous", before crossing at grade any
track of a railroad, shall stop the vehicle within fifty feet [15.24 meters] but not less than fifteen
feet [4.57 meters] from the nearest rail of the railroad and while stopped shall listen and look in
both directions along the track for any approaching train or other on-track equipment, and for
signals indicating the approach of a train or other on-track equipment and may not proceed
until the driver can do so safely. After stopping as required and upon proceeding when safe to
do so, the driver of the vehicle shall cross only in such gear of the vehicle that there will be no
necessity for manually changing gears while traversing the crossing and the driver may not
shift gears manually while crossing the track.
2.A stop is not required at a crossing if traffic is controlled by a police officer. For the purposes of
this section, a United States marshal is considered a police officer.
3.A stop is not required at a crossing that the director has designated as an out-of-service or
exempt crossing and which is clearly marked by signs bearing the words "Tracks out of
service" or "Exempt" in conspicuous places on each side of the crossing.
4.The designation must be limited to use at a crossing where track has been abandoned or its
use discontinued.
5.The director shall notify the road authority and any railway company of a crossing under the
jurisdiction of that railway company which the director has designated as an out-of-service
crossing under this section and the road authority shall erect signs bearing the words "Tracks
out of service" or "Exempt" in conspicuous places on each side of the crossing.
6.5.All signs must conform to the manual on uniform traffic-control devices as provided under
section 39-13-06. S. B. NO. 2061 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2061.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 93 Nays 0 Absent 1
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State