Committee recommends bill allowing DOT to designate some active rail crossings as "exempt" for stopping rules

The Senate Transportation Committee voted to give Senate Bill 2061 a due‑pass recommendation after hearing testimony from the North Dakota Department of Transportation that the measure would align state law with federal regulations and provide an additional safety option for busy roadways that intersect rarely‑used rail spurs.

Senate Bill 2061 would clarify that the NDDOT director may designate "exempt" rail crossings beyond abandoned or discontinued tracks to include certain industrial or spur line crossings that remain in intermittent use. "Senate Bill 2061 clarifies, the DOT director's authority to designate exempt rail crossings for the purpose of not requiring certain vehicles to stop at rail crossings," said Chad Orrin, deputy director for planning at the North Dakota Department of Transportation, during his introduction.

Nut graf: Supporters argued the change would reduce the need for expensive roadway modifications — such as pull‑out lanes that can cost more than $1,000,000 — at high‑traffic locations where trains run very infrequently and crossings already have active warning devices. Opponents and some members pressed on whether designating a crossing "exempt" could create liability or enforcement issues, particularly for vehicles carrying students.

Testimony and committee discussion: DOT staff told senators that federal regulations already permit exempt designations at industrial spur crossings and that the bill would bring state law into alignment. DOT representatives said some crossings see fewer than one train per day, and that the diagnostic field team (DOT, local road authority, operating railroad, school districts and others) would still evaluate each crossing before recommending an exemption.

On liability and enforcement, DOT officials deferred detailed enforcement questions to the Highway Patrol; DOT said it had discussed the proposal with the Highway Patrol and had not received concerns in that review. Senators also asked how exempt crossings would be signed; DOT officials said the Manual on Uniform Traffic Control Devices (MUTCD) guides sign placement and design and that existing active warning devices (lights and arms) would generally remain in place.

Motion and vote: Senator Dean Rummel moved a due pass on Senate Bill 2061; Senator Bob Paulson seconded. The roll call recorded 'aye' votes from Senator Jerry Klein, Senator Paulson, Chairman Dave Clemens, Vice Chair Claire Cory, Senator Hogan and Senator Romo. The committee recorded a due‑pass recommendation.

Next steps: Committee members named Senator Claire Cory as the carry senator for the bill. DOT officials said they would use the diagnostic process and stakeholder notice (for example to school districts) when a crossing were considered for exemption.