327G.32  BLOCKING HIGHWAY CROSSING.
         A railroad corporation or its employees shall not operate a train
      in such a manner as to prevent vehicular use of a highway, street, or
      alley for a period of time in excess of ten minutes except in any of
      the following circumstances:
         1.  When necessary to comply with signals affecting the safety of
      the movement of trains.
         2.  When necessary to avoid striking an object or person on the
      track.
         3.  When the train is disabled.
         4.  When necessary to comply with governmental safety regulations
      including, but not limited to speed ordinances and speed regulations.

         An officer or employee of a railroad corporation violating a
      provision of this section is, upon conviction, subject to the penalty
      provided in section 327G.14.  An employee is not guilty of a
      violation if the employee's action was necessary to comply with the
      direct order or instructions of a railroad corporation or its
      supervisors.  Guilt is then with the railroad corporation.
         Other portions of this section notwithstanding, a political
      subdivision may pass an ordinance regulating the length of time a
      specific crossing may be blocked if the political subdivision
      demonstrates that an ordinance is necessary for public safety or
      convenience.  If an ordinance is passed, the political subdivision
      shall, within thirty days of the effective date of the ordinance,
      notify the department and the railroad corporation using the crossing
      affected by the ordinance.  The ordinance does not become effective
      unless the department and the railroad corporation are notified
      within thirty days.  The ordinance becomes effective thirty days
      after notification unless a person files an objection to the
      ordinance with the department.  If an objection is filed the
      department shall notify the department of inspections and appeals
      which shall hold a hearing.  After a hearing by the department of
      inspections and appeals, the state department of transportation may
      disapprove the ordinance if public safety or convenience does not
      require the ordinance.  The decision of the state department of
      transportation is final agency action.  The ordinance approved by the
      political subdivision is prima facie evidence that the ordinance is
      adopted to preserve public safety or convenience.
         The department of inspections and appeals when considering
      rebuttal evidence shall weigh the benefits accruing to the political
      subdivision as they affect the general public use compared to the
      burden placed on the railroad operation.  Public safety or
      convenience may include, but is not limited to, high traffic density
      at a specific crossing of a main artery or interference with the flow
      of authorized emergency vehicles.
         A resolution regulating the length of time a specific crossing may
      be blocked, which was adopted before July 1, 1989, is an ordinance
      for the purposes of this section.  

         Section History: Early Form

         [C77, 79, 81, § 327G.32; 81 Acts, ch 22, § 20, 22] 

         Section History: Recent Form

         85 Acts, ch 195, § 39; 89 Acts, ch 39, § 4, 5; 89 Acts ch 273, §
      37