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Current as of January 01, 2024 | Updated by FindLaw Staff
1. A person may not operate any train in a manner as to prevent vehicular use of any roadway for a period of time in excess of ten consecutive minutes except:
a. When necessary to comply with safety signals affecting the safety of the movement of trains;
b. When necessary to avoid striking any object or person on the track;
c. When the train is disabled, by accident or otherwise;
d. When the train is in motion except when engaged in switching operations or loading or unloading operations;
e. When vehicular traffic is not waiting to use the crossing;
f. When necessary to comply with a government statute or regulation; or
g. When allowed by written agreement between the governmental entity that controls the roadway and the interested commercial entities. The agreement must indicate which party is responsible for the timely notification of local emergency service providers regarding the crossing that will be blocked and the period of time the crossing will be blocked.
2. A person that violates this section is guilty of a class B misdemeanor. This section does not apply to a city that has an ordinance covering the same subject matter.
Cite this article: FindLaw.com - North Dakota Century Code Title 49. Public Utilities § 49-11-19. Blocking or obstructing crossing with train--Penalty - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-49-public-utilities/nd-cent-code-sect-49-11-19/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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