North Dakota Code 24-09-01.1 – Standard railroad crossing warning systems – Survey for additional warning systems
The standard warning system at each public highway-railroad grade crossing must be railroad crossbucks and advance warning signs designed and located pursuant to section 39-13-07. These signing requirements and standards must be deemed adequate and appropriate for warning of the existence and nature of each railroad crossing for all purposes whatsoever. However, because of the availability of substantial federal funds, and for the purpose of promoting the additional safety and general welfare of the motoring public, and railroad employees, and to secure the practical and orderly development of additional warning systems beyond the standards herein, and to enable the various jurisdictional authorities to implement existing statutes authorizing the determination of need and selection of additional warning systems, and within the practical limitations of time and available public funds, the department shall conduct and systematically maintain a survey of all streets and highways as required by the Federal Highway Safety Act of 1973, to identify those railroad crossings which may need additional warning systems beyond the standard crossbucks and advance warning signs. To implement such survey and to make the determination of need and selection of additional warning systems, the department may screen, rate, and prioritize said crossings for additional warning systems and establish an installation program. In order to foster additional warning systems beyond the standards herein or improvements thereto, where such additional warnings or improvements thereto are deemed necessary by any jurisdictional authority either under this statute or any other statutes, neither the actions, proceedings, findings, or orders of any jurisdictional authority, nor the actions of the railroad regarding such additional warning or improvements thereto, prior to installation and operation thereof, are admissible in evidence in any civil action for personal injury, death, or damage to property arising out of a public highway-railroad crossing accident.
Terms Used In North Dakota Code 24-09-01.1
- Department: means the department of transportation of this state as provided by section 24-02-01. See North Dakota Code 24-01-01.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grade crossing: means the intersection of a public highway and of the track or tracks of any railroad, however operated, on the same plane or level, other than a street railway within the limits of a city. See North Dakota Code 24-01-01.1
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.