Subdivision 1. Program established; inspector powers and duties. (a) The commissioner of transportation must establish a state rail safety inspection program that may include state rail safety inspectors and supervision as determined by the commissioner. The commissioner shall apply to and enter into agreements with the Federal Railroad Administration (FRA) of the United States Department of Transportation to participate in the federal State Rail Safety Participation Program to train and certify inspectors under authority of United States Code, title 49, sections 20103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.
(b) A state rail safety inspector may:
(1) inspect mainline track, secondary track, and yard and industry track;
(2) inspect railroad right-of-way, including adjacent or intersecting drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
(3) inspect yards and physical plants;
(4) inspect train equipment;
(5) inspect railroad operations;
(6) inspect railroad-highway grade crossings;
(7) inspect railroad signal and train control systems;
(8) review and enforce safety requirements;
(9) review maintenance and repair records; and
(10) review railroad security measures.
(c) A state rail safety inspector may perform, but is not limited to, the duties described in the federal State Rail Safety Participation Program. An inspector may train, be certified, and participate in any of the federal State Rail Safety Participation Program disciplines, including: track, signal and train control, motive power and equipment, operating practices compliance, hazardous materials, and highway-rail grade crossings.
(d) To the extent delegated by the Federal Railroad Administration and authorized by the commissioner, an inspector may issue citations for violations of this chapter, or to ensure railroad employee and public safety and welfare.
Subd. 2. Railroad company assessment; account; appropriation. (a) As provided in this subdivision, the commissioner shall annually assess railroad companies that are (1) defined as common carriers under section 218.011; (2) classified by federal law or regulation as Class I Railroads, Class I Rail Carriers, Class II Railroads, or Class II Carriers; and (3) operating in this state.
(b) The assessment must be calculated to allocate state rail safety inspection program costs proportionally among carriers based on route miles operated in Minnesota at the time of assessment. The commissioner must include in the assessment calculation all state rail safety inspection program costs to support up to four rail safety inspector positions, including but not limited to salary, administration, supervision, travel, equipment, training, and ongoing state rail inspector duties.
(c) The assessments collected under this subdivision must be deposited in a state rail safety inspection account, which is established in the special revenue fund. The account consists of funds provided by this subdivision and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account is appropriated to the commissioner to administer the state rail safety inspection program.
Subd. 3. Work site safety coaching program. The commissioner may exempt a common carrier not federally classified as Class I from violations for a period of up to two years if the common carrier applies for participation in a work site safety coaching program, such as the "MNSharp" program administered by the Minnesota Department of Labor and Industry, and the commissioner determines such participation to be preferred enforcement for safety or security violations.
Subd. 4. Appeal. Any person aggrieved by an assessment levied under this section may appeal within 90 days any assessment, violation, or administrative penalty to the Office of Administrative Hearings, with further appeal and review by the district court.
2008 c 287 art 1 s 76; 2014 c 312 art 10 s 7,8; 1Sp2021 c 5 art 4 s 101,102
Structure Minnesota Statutes
Chapter 219 — Railroad Safety And Employment
Section 219.01 — Track Safety Standards; Safety Technology Grants.
Section 219.015 — State Rail Safety Inspector.
Section 219.016 — Hazardous Materials Rail Safety.
Section 219.06 — Signs At Crossings.
Section 219.071 — Maintenance Of Grade-crossing Surfaces.
Section 219.072 — Establishment Of New Grade Crossings.
Section 219.073 — Commissioner's Rules On Grade Crossings.
Section 219.074 — Grade Crossing Change, Vacation.
Section 219.08 — Crossings; Changing Grade Of Approaches.
Section 219.09 — Multiple Tracks Across Road; Railroad Duty.
Section 219.10 — Penalty For Violation.
Section 219.13 — Farm Crossing.
Section 219.14 — Railroad Crossing Protected.
Section 219.16 — Grade Crossing Defined.
Section 219.165 — Safety Rules For Private Railroad Grade Crossing.
Section 219.1651 — Grade Crossing Safety Account.
Section 219.166 — Establishment Of Quiet Zones.
Section 219.17 — Uniform Warning Signs.
Section 219.18 — Railroad To Erect Sign.
Section 219.19 — Additional Warning Sign.
Section 219.20 — Stop Sign; Yield Sign.
Section 219.22 — Stop, Look, And Listen.
Section 219.23 — Crossing Guard.
Section 219.24 — Additional Safeguard.
Section 219.26 — Protective Crossing Device; Uniformity.
Section 219.29 — Prohibited Sign.
Section 219.30 — Injuring, Destroying Sign.
Section 219.31 — Building Fence And Cattle Guard.
Section 219.32 — Failure To Fence; Liability And Damages.
Section 219.33 — Fence, Crossing, Cattle Guard; Landowner Recourse.
Section 219.34 — Fence Between Railroad And Public Road.
Section 219.35 — Crossing And Drain.
Section 219.36 — Gate At Farm Crossing.
Section 219.37 — Ditch And Culvert.
Section 219.375 — Railroad Yard Lighting.
Section 219.383 — Safe Operation Of Train Over Road; Penalty.
Section 219.384 — Removal Of Dangerous Obstruction.
Section 219.39 — Dangerous Crossing; Complaint, Hearing.
Section 219.40 — Dangerous Crossing Determination Procedures And Remedies.
Section 219.402 — Adequate Crossing Protection.
Section 219.403 — Applicability To Local Laws.
Section 219.41 — Appeal; Order Enforcement.
Section 219.42 — Failure To Comply; Penalty.
Section 219.44 — Charter Powers Not Abridged.
Section 219.445 — Southern Rail Corridor Improvement Plan.
Section 219.45 — Applicability.
Section 219.46 — Unlawful Structure; Clearance.
Section 219.47 — Clearance Exceptions.
Section 219.50 — Obstructing Space Between Tracks.
Section 219.501 — Rail Carrier Walkways.
Section 219.51 — Violations And Penalties.
Section 219.52 — Warning Sign; Reporting Clearance Violations.
Section 219.53 — Contributory Negligence.
Section 219.54 — Freight Platform.
Section 219.551 — Locomotive; Water And Toilet Facility.
Section 219.561 — Track Motor Car; Equipment.
Section 219.567 — Failure To Ring Bell.
Section 219.568 — Other Violations Of Duty.
Section 219.57 — Prevention Of Fire.
Section 219.64 — Assumption Of Risk; Contributory Negligence.
Section 219.661 — Speedometer; Legislative Findings.
Section 219.662 — Speedometer Required; Reports.
Section 219.753 — Crane On Tracks; Detector; Misdemeanor.
Section 219.76 — Damage Caused By Train Or Contents; Insurable Interest.
Section 219.761 — Response To Train-related Fire Or Other Emergency; Reimbursement.
Section 219.77 — Railroad Employer Liability.
Section 219.79 — Contributory Negligence Does Not Bar Recovery.
Section 219.80 — Assumption Of Risk No Defense.
Section 219.81 — Contrary Contract Declared Void.
Section 219.815 — Employer Includes Receiver.
Section 219.82 — Survival Of Right Of Action.
Section 219.83 — Limitation Of Action.
Section 219.93 — Stopping Train At Crossing.
Section 219.97 — Violations; Penalties.
Section 219.98 — Fees For Applying For Order.
Section 219.99 — Railroad Prairie Right-of-way; Best Management Practices.