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SB 2061

AN ACT to amend and reenact section 39-10-43 of the North Dakota Century Code, relating to railroad crossings.

69th Legislative Assembly (2025-26)

ND SB 2061 requires buses, hazmat vehicles, and placarded cargo to stop at railroad crossings within 15–50 feet, check for trains, and use safe gear when crossing.

Filed with Secretary Of State 03/18
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Bill Summary · SB 2061

Summary — SB 2061 (North Dakota) — Railroad Crossings (Amends NDCC § 39-10-43)

Purpose / Intent

SB 2061 updates and reenacts North Dakota Century Code section 39-10-43 to clarify and restate which vehicles must stop at railroad grade crossings, the stopping procedure, and the circumstances under which stops are not required. The focus is on safety at railroad crossings—particularly for buses, school buses, and vehicles transporting hazardous materials.

Key provisions

  • Lists vehicles required to stop at all railroad grade crossings before crossing:
    • Buses carrying passengers and school buses.
    • Vehicles carrying chlorine.
    • Empty or loaded cargo tank vehicles used to transport dangerous articles.
    • Any liquid with a flashpoint below 200°F (93.33°C).
    • Cargo tank vehicles transporting a commodity whose temperature is above its flashpoint at time of loading.
    • Certain cargo tank vehicles transporting commodities under special permits from the hazardous materials regulations board.
    • Any motor vehicle required to display placards for: “explosives,” “poison,” “flammable oxidizers,” “compressed gas,” “corrosives,” “flammable gas,” “radioactive,” or “dangerous.”
  • Required stopping position: within 50 feet (15.24 meters) but not less than 15 feet (4.57 meters) from the nearest rail.
  • While stopped drivers must listen and look both directions for oncoming trains or on-track equipment and for signals, and may not proceed until safe.
  • When crossing, drivers must select a gear that eliminates the need to manually shift while traversing the track; manual gear changes while on the track are prohibited.
  • Exceptions:
    • No stop required if traffic is controlled by a police officer (a U.S. marshal is explicitly treated as a police officer for this purpose).
    • No stop required at crossings designated by the director as “out-of-service” or “exempt” (signs reading “Tracks out of service” or “Exempt” must be posted).
  • Administrative duties:
    • Director must limit out-of-service designations to crossings where track has been abandoned or use discontinued.
    • Director must notify the responsible road authority and railway company of any such designation.
    • Road authority must erect required signs.
    • All signs must conform to the Manual on Uniform Traffic-Control Devices (see NDCC § 39-13-06).

Who is affected

  • Drivers/operators of buses, school buses, hazmat cargo tanks, and any vehicle requiring the listed placards.
  • Motor carriers and companies transporting hazardous materials.
  • The Department of Transportation director, road authorities, and railway companies (notification and signage responsibilities).
  • Law enforcement and public safety officials enforcing crossing rules.

Procedural status / Timeline

  • Introduced: March 7, 2025 (Transportation Committee; at the request of the Department of Transportation).
  • Passed both chambers unanimously (Senate vote 47–0; House vote 93–0).
  • Filed with Secretary of State: March 18, 2025 (per bill information).

Expected impact / Implementation notes

  • Clarifies and consolidates stopping requirements to improve safety at railroad crossings for high-risk vehicles.
  • Imposes limited administrative tasks (notification and signage) on DOT/road authorities and railway companies when crossings are abandoned.
  • Operational impact for carriers: drivers must ensure proper gear selection and compliance with stopping rules—noncompliance could result in citations and safety risks.
  • Financial impact is likely minimal (signage and administrative notifications); potential benefits include reduced incidents involving hazardous materials or passenger vehicles.

Note: The source materials provided included unrelated text from an Illinois bill also labeled SB2061; this summary addresses the North Dakota SB 2061 that amends NDCC § 39-10-43 (railroad crossings).

Compiled from official sources — confirm details with the bill’s official record.

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