North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2061 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.8045.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Transportation Committee
	7	+	(At the request of the Department of Transportation)
	8	+	A BILL for an Act to amend and reenact section 39-10-43 of the North Dakota Century Code,
	9	+	relating to railroad crossings.
	10	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	11	+	SECTION 1. AMENDMENT. Section 39-10-43 of the North Dakota Century Code is
	12	+	amended and reenacted as follows:
	13	+	39-10-43. Certain vehicles must stop at all railroad grade crossings.
	14	+	1.The driver of a bus carrying passengers, or of a schoolbus, or of a vehicle carrying
	15	+	chlorine, empty or loaded cargo tank vehicles used to transport dangerous articles or
	16	+	any liquid having a flashpoint below two hundred degrees Fahrenheit [93.33 degrees
	17	+	Celsius], cargo tank vehicles transporting a commodity having a temperature above its
	18	+	flashpoint at the time of loading, certain cargo tank vehicles transporting commodities
	19	+	under special permits issued by the hazardous materials regulations board, and every
	20	+	motor vehicle which must have the following placards: "explosives", "poison",
	21	+	"flammable oxidizers", "compressed gas", "corrosives", "flammable gas", "radioactive",
	22	+	or "dangerous", before crossing at grade any track of a railroad, shall stop the vehicle
	23	+	within fifty feet [15.24 meters] but not less than fifteen feet [4.57 meters] from the
	24	+	nearest rail of the railroad and while stopped shall listen and look in both directions
	25	+	along the track for any approaching train or other on-track equipment, and for signals
	26	+	indicating the approach of a train or other on-track equipment and may not proceed
	27	+	until the driver can do so safely. After stopping as required and upon proceeding when
	28	+	safe to do so, the driver of the vehicle shall cross only in such gear of the vehicle that
	29	+	there will be no necessity for manually changing gears while traversing the crossing
	30	+	and the driver may not shift gears manually while crossing the track.
	31	+	Page No. 1 25.8045.01000
3	32		SENATE BILL NO. 2061
4		-	(Transportation Committee)
5		-	(At the request of the Department of Transportation)
6		-	AN ACT to amend and reenact section 39-10-43 of the North Dakota Century Code, relating to railroad
7		-	crossings.
8		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 39-10-43 of the North Dakota Century Code is amended and
10		-	reenacted as follows:
11		-	39-10-43. Certain vehicles must stop at all railroad grade crossings.
12		-	1.The driver of a bus carrying passengers, or of a schoolbus, or of a vehicle carrying chlorine,
13		-	empty or loaded cargo tank vehicles used to transport dangerous articles or any liquid having
14		-	a flashpoint below two hundred degrees Fahrenheit [93.33 degrees Celsius], cargo tank
15		-	vehicles transporting a commodity having a temperature above its flashpoint at the time of
16		-	loading, certain cargo tank vehicles transporting commodities under special permits issued by
17		-	the hazardous materials regulations board, and every motor vehicle which must have the
18		-	following placards: "explosives", "poison", "flammable oxidizers", "compressed gas",
19		-	"corrosives", "flammable gas", "radioactive", or "dangerous", before crossing at grade any
20		-	track of a railroad, shall stop the vehicle within fifty feet [15.24 meters] but not less than fifteen
21		-	feet [4.57 meters] from the nearest rail of the railroad and while stopped shall listen and look in
22		-	both directions along the track for any approaching train or other on-track equipment, and for
23		-	signals indicating the approach of a train or other on-track equipment and may not proceed
24		-	until the driver can do so safely. After stopping as required and upon proceeding when safe to
25		-	do so, the driver of the vehicle shall cross only in such gear of the vehicle that there will be no
26		-	necessity for manually changing gears while traversing the crossing and the driver may not
27		-	shift gears manually while crossing the track.
28		-	2.A stop is not required at a crossing if traffic is controlled by a police officer. For the purposes of
29		-	this section, a United States marshal is considered a police officer.
30		-	3.A stop is not required at a crossing that the director has designated as an out-of-service or
31		-	exempt crossing and which is clearly marked by signs bearing the words "Tracks out of
32		-	service" or "Exempt" in conspicuous places on each side of the crossing.
33		-	4.The designation must be limited to use at a crossing where track has been abandoned or its
34		-	use discontinued.
35		-	5.The director shall notify the road authority and any railway company of a crossing under the
36		-	jurisdiction of that railway company which the director has designated as an out-of-service
37		-	crossing under this section and the road authority shall erect signs bearing the words "Tracks
38		-	out of service" or "Exempt" in conspicuous places on each side of the crossing.
39		-	6.5.All signs must conform to the manual on uniform traffic-control devices as provided under
40		-	section 39-13-06. S. B. NO. 2061 - PAGE 2
41		-	____________________________ ____________________________
42		-	President of the Senate Speaker of the House
43		-	____________________________ ____________________________
44		-	Secretary of the Senate Chief Clerk of the House
45		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
46		-	Dakota and is known on the records of that body as Senate Bill No. 2061.
47		-	Senate Vote:Yeas 47 Nays 0 Absent 0
48		-	House Vote: Yeas 93 Nays 0 Absent 1
49		-	____________________________
50		-	Secretary of the Senate
51		-	Received by the Governor at ________M. on _____________________________________, 2025.
52		-	Approved at ________M. on __________________________________________________, 2025.
53		-	____________________________
54		-	Governor
55		-	Filed in this office this ___________day of _______________________________________, 2025,
56		-	at ________ o’clock ________M.
57		-	____________________________
58		-	Secretary of State
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	56	+	23 Sixty-ninth
	57	+	Legislative Assembly
	58	+	2.A stop is not required at a crossing if traffic is controlled by a police officer. For the
	59	+	purposes of this section, a United States marshal is considered a police officer.
	60	+	3.A stop is not required at a crossing that the director has designated as an
	61	+	out-of-service or exempt crossing and which is clearly marked by signs bearing the
	62	+	words "Tracks out of service" or "Exempt" in conspicuous places on each side of the
	63	+	crossing.
	64	+	4.The designation must be limited to use at a crossing where track has been abandoned
	65	+	or its use discontinued.
	66	+	5.The director shall notify the road authority and any railway company of a crossing
	67	+	under the jurisdiction of that railway company which the director has designated as an
	68	+	out-of-service crossing under this section and the road authority shall erect signs
	69	+	bearing the words "Tracks out of service" or "Exempt" in conspicuous places on each
	70	+	side of the crossing.
	71	+	6.5.All signs must conform to the manual on uniform traffic-control devices as provided
	72	+	under section 39-13-06.
	73	+	Page No. 2 25.8045.01000
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