DAR File No. 31066

Transportation, Preconstruction

R930-5

Establishment and Regulation of At-Grade Railroad Crossings

NOTICE OF PROPOSED RULE

DAR File No.: 31066
Filed: 03/19/2008, 03:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify maintenance responsibilities for railroad crossings between the railroad and the owner of the road; and to clarify which party is responsible for costs of railroad crossing construction.

Summary of the rule or change:

There are two parts to the amendment. The first part describes responsibilities for maintenance at railroad crossings. When a crossing underpasses a railroad, the railroad owns the right-of-way fee title, and maintenance is the responsibility of the roadway owner. If the roadway owner owns the right-of-way fee title, the railroad is responsible for maintenance. Second, the rule provides that when no federal funds are used on a railroad crossing overpass or underpass construction project, no railroad financial participation is required if the railroad owns the fee title right of way. If the railroad does not own the fee title right of way, all costs are the responsibility of the railroad.

State statutory or constitutional authorization for this rule:

Section 72-1-201

Anticipated cost or savings to:

the state budget:

None--There is no increased cost because any required maintenance will be handled by existing budgets.

local governments:

None--There is no cost to local government because the rule does not apply to or involve local government.

small businesses and persons other than businesses:

None--There is no cost to small businesses because the rule does not involve small business.

Compliance costs for affected persons:

There are construction costs for a railroad when there is a construction project at a crossing where the railroad does not own fee title right of way.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule will have no fiscal impacts on businesses. John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at maureenshort@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2008

This rule may become effective on:

05/22/2008

Authorized by:

John R. Njord, Executive Director

R930. Transportation, Preconstruction.

R930-5. Establishment and Regulation of At-Grade Railroad Crossings.

R930-5-10. Maintenance.

(1) Responsibility for maintenance is as described in this section unless a separate agreement has been executed between the railroad and the owner of the road.

[(1)](2) The maintenance of automatic signal devices and the pavement area from end of tie to end of tie, including space between multiple tracks if the railroad company owns the easement rights between the multiple tracks, and two feet beyond each outside railsis the responsibility of the railroad company.

[(2)](3) Signals and pavement between end of ties on temporary highway detours shall in all cases become the responsibility of the railroad company at the expense of the highway agency owning the roadway.

[(3)](4) Maintenance of the crossing approaches up to end of tie is the responsibility of the agency owning the roadway. When the railway is raised due to track and ballast maintenance, the railroad company shall coordinate their work with the agency owning the roadway so the pavement on the approaches can be adjusted to provide a smooth ride for motorists. When the agency owning the roadway changes the road profile (through construction or maintenance activities) the approaches to the tracks must be adjusted to provide a smooth and level crossing surface.

[(4)](5) Responsibility for maintenance of a grade separation structure is as follows:

(a) Where a separation facility overpasses a railroad, maintenance responsibility for the entire structure and approaches is assumed by the agency owning the structure and roadway.

(b) When a grade separation structure underpasses a railroad and the railroad owns the right of way fee title, maintenance of the roadway and the entire structure below and including the deck plate, girders, handrail, and parapets, is the responsibility of the owner of the roadway. Maintenance of the waterproofing, ballast, ties, rails and any portion of the supporting structure above the top of the ballast deck plate between parapets is the responsibility of the railroad company. If the owner of the roadway owns the right of way fee title, the railroad is responsible for the maintenance of the entire structure.

(c) Cost of repairing damages to a highway or a highway structure, occasioned by collision, equipment failure or derailment of the railroad's equipment shall be borne by the railroad company.

[(5)](6) Responsibility for maintenance of private industrial trackage not owned by a railroad company that crosses public highways shall be as follows:

(a) When a facility, plant or property owner receives goods and services from a railroad company train over private industrial trackage that crosses a public highway, maintenance of the crossing shall be the responsibility of those companies receiving the goods and services.

(b) When the highway/railway crossing becomes a safety hazard to vehicles and is not maintained, the Department and the railroad company shipping the goods and services shall notify the facility, plant or property owners in writing to maintain or replace the railroad crossing material.

(c) If the owner of the private trackage does not maintain or replace the crossing material by a specified date, the Department shall order the railroad company to cease and desist operations across the highway/railway crossing.

(d) If the owner still does not respond to the order to maintain or replace the railroad crossing material the following action shall be taken by the highway agency owning the roadway. The highway agency shall arrange to have the crossing replaced, and bill the facility owner of the trackage for the expenses to repair the trackage.

 

R930-5-13. Apportionment of Costs.

(1) Paragraphs 2-7 of this section apply when highway projects are constructed in whole or in part with Federal funds.

(2) Apportionment of costs for installation, maintenance, and reconstruction of active and passive railroad warning devices at highway/railway intersections shall be in accordance with 23 CFR 646.

[(2)](3) When a roadway is widened by the state or local governmental agency, that agency shall fund all passive and active warning devices as recommended by the Diagnostic/Surveillance Team and as determined necessary by the Department.

[(3)](4) When a roadway is widened by a local agency, and the existing railroad crossing material is old and cannot be attached to the new material, the local agency shall fund the replacement of all new existing crossing material.

[(4)](5) When a highway/railway at-grade crossing is listed on the Department's Annual High Accident Prediction List, and it is determined by the Department that the crossing shall be upgraded, it shall be funded by federal railroad safety funds and local highway agency matching funds.

[(5)](6) If approved construction of a separation structure or the installation of a signal device at such crossing is not considered a benefit to the railroad, railroad participation shall not be required.

[(6)](7) A project to reconstruct an existing overpass or underpass shall include the entire structure and railway and the highest approaches thereto. Since there is no railway liability for such projects, it is considered that there shall be no benefit to the railroad and railroad participation shall not be required.

(8) This paragraph applies when no federal funds are used on a project to reconstruct an existing overpass or underpass. The project shall include the entire structure and railway and the highest approaches thereto. If the railroad owns the fee title right of way, no railroad participation is required. If the railroad does not own the fee title right of way, all costs will be the responsibility of the railroad.

 

KEY: railroads, transportation, safety

Date of Enactment or Last Substantive Amendment: [April 25, 2006]2008

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 10-8-34; 10-8-82; 41-6-19; 54-4-15; 72-1-102; 72-2-112