Transportation, Preconstruction

Rule R930-5

Establishment and Regulation of At-Grade Railroad Crossings

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 33274
Filed: 12/15/2009 09:46:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this repeal and reenactment of Rule R930-5 are to: 1) eliminate prescriptive design solutions; 2) eliminate specific design criteria and incorporate the information by reference from appropriate state, federal, and industry practice; 3) to update definitions and references; 4) consolidate appropriate sections; and 5) eliminate redundant, confusing, and conflicting language.

Summary of the rule or change:

The repeal and reenactment eliminates prescriptive design solutions and specific design criteria and instead, incorporates the information by reference to appropriate state and federal statutes and Industry manuals. The new rule updates definitions and references, consolidates appropriate sections, and eliminates redundant, confusing, and conflicting language. More specifically, Section R930-5-2 "Authority" was combined with the new Section R930-5-1; Section R930-5-3 "Purpose" was combined with the new Section R930-5-1; Section R930-5-13 "Apportionment of Costs" was combined with the new Section R930-5-9; Section R930-5-15 "Clearances" was eliminated. No new substantive provisions are added.

State statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 54-4-15
• Section 54-4-14
• Title 63G, Chapter 3
• Section 41-6a-1205

This rule or change incorporates by reference the following material:

• Adds: A Policy on Geometric Design of Highway and Streets, 2004
• Adds: 49 CFR 209, 2009
• Adds: 23 CFR 924, 2009
• Adds: 23 CFR 646, 2009
• Adds: 49 CFR 212, 2009
• Adds: Manual for Railway Engineering, Chapter 28, 2007
• Adds: 23 CFR 148, 2005
• Adds: Standard Drawing ST-7 Pavement Marking and Signs at Railroad Crossings, 2008
• Adds: 49 CFR 222, 2009
• Adds: 49 CFR 659, 2009
• Adds: Preemption of traffic Signals Near Railroad Crossings, 2004
• Adds: 23 CFR 655, 2009
• Adds: Railroad-Highway Grade Crossing Handbook, August 2007

Anticipated cost or savings to:

the state budget:

The Department does not anticipate any cost or savings to the state budget resulting from the repeal and reenactment of this rule because any required maintenance is being covered by existing budgets.

local governments:

The Department does not anticipate any cost or savings to local government resulting from the repeal and reenactment of this rule because any costs are being covered by existing budgets.

small businesses:

The Department does not anticipate any cost or savings to small business resulting from the repeal and reenactment of this rule because the rule does not directly involve small businesses.

persons other than small businesses, businesses, or local governmental entities:

The Department does not anticipate any cost or savings to persons other than small businesses, businesses, or local government resulting from the repeal and reenactment of this rule.

Compliance costs for affected persons:

There may be compliance costs for those proposing developments affecting a railroad crossing. Those costs will be substantially the same as under the previous rule.

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

The rule will have no new 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
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 [email protected]

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

John Njord, Executive Director

R930. Transportation, Preconstruction.

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

R930-5-1. Policy.

(1) At regular intervals, the Department: (a) reviews for safety all existing public at-grade highway/railway crossings in the state in accordance with the Manual on Uniform Traffic Control Devices; (b) evaluates and approves the location of new crossings; (c), prescribes the types of at-grade crossing railroad warning devices; and (d) determines maintenance and funding apportionments for all highway/railway projects.

(2) Highway/railway projects that use federal railroad safety funds shall be carried out in accordance with 23 CFR Part 646 Subpart B.

 

R930-5-2. Authority.

This rule is authorized by Utah Code Ann. Section 54-4-15. Additional sections in the Utah Code and Federal rules supporting this rule are found in sections 10-8-34, 10-8-82, 41-6-19, 72-1-102, 72-2-112; 23 CFR 924 and 23 CFR 646.

 

R930-5-3. Purpose.

(1) Department oversees all at-grade public highway/railway crossings in the state of Utah and provide for the safe, efficient operation of vehicles and pedestrians through highway/railway intersections. Department also promotes elimination of at-grade highway/railway crossings when possible, elimination of hazards to improve at-grade crossings, and recommends the construction of grade separation structures to replace at-grade crossings pursuant to this rule.

(2) This rule describes procedures for the selection of highway/railway crossings for improvement, the selection of passive and active railroad warning devices, design, maintenance operations and the funding sources for the improvement of crossings.

 

R930-5-4. Incorporation by Reference.

The following federal law, federal agency manuals and association standards, and technical requirements are adopted and incorporated by reference:

(1) 23 CFR 646 "Railroads" (2005);

(2) 23 CFR 924 "Highway Safety Improvement Program" (2005);

(3) "A Policy on Geometric Design of Highway and Streets", American Association of State Highway and Transportation Officials (AASHTO) (2004);

(4) Preemption of traffic signals near railroad crossings, Institute of Traffic Engineers (ITE) (2004); and

(5) Guidance for traffic control devices at Highway/Railroad Grade Crossings, FHWA (2000).

 

R930-5-5. Definitions.

(1) "Active warning devices" means those types of traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manually operated devices and crossing watchmen, all of which display to motorists positive warning of the approach or presence of a train;

(2) "At-Grade Crossing" means the crossing of a highway and railway at approximately the same elevation;

(3) "Clear zone" means an area along the road that is clear of obstructions and required by the Department in order to make the roadway safer for errant vehicles;Department

(4) "Company" means any railroad, special transit district, or utility company including any wholly owned or controlled subsidiary thereof;

(5) "Diagnostic/Surveillance team" means an appointed group of knowledgeable representatives of the parties of interest in a highway/railway crossing or group of crossings;

(6) "FHWA" means the Federal Highway Administration, an agency within the United States Department of Transportation

(7) "Local Agency" means a local governmental entity that owns a highway;

(8) "Main line railroad track" means a track of a principal line of a railroad, including extensions through yards, upon which trains are operated by timetable, train order or both, or the use of which is governed by block signals or by centralized traffic control;

(9) "MUTCD" means the Manual of Uniform Traffic Control Devices as adopted in Utah Code Ann. Section 41-6a-301;

(10) "Passive warning devices" means those types of traffic control device, including signs, markings and other devices located at or in advance of grade crossings to indicate the presence of a crossing but which do not change aspect upon the approach or presence of a train;

(11) "Preliminary engineering" means the work necessary to produce construction plans, specifications, and estimates to the degree of completeness required for undertaking construction, including locating, surveying, designing, and related work;

(12) "PSC" means the Public Service Commission of the State of Utah;

(13) "Roadway" means that portion of the highway, including shoulders, intended for vehicular use;

(14) "Railroad" means all rail carriers, whether publicly or privately owned, and common carriers, including line haul freight and passenger railroads, switching and terminal railroads and passenger carrying railroads such as rapid transit, commuter and street railroads;

 

R930-5-6. Types of Projects.

(1) Projects for the elimination of hazards for both vehicles and pedestrians at highway/railway crossings may include the following:

(a) Elimination of at-grade highway/railway crossings by combining multiple crossings;

(b) Elimination of at-grade highway/railway crossings by the relocation of a highway;

(c) Elimination of an at-grade crossing by the construction of a new grade separation where full access control is required regardless of the volume of train or highway vehicles;

(d) Improvements to existing at-grade highway/railway crossings;

(e) Reconstruction of an existing highway/railway grade separation structure;

(f) Construction of raised median curb islands or other channelizing devices;

(g) Installation of lighting to improve visibility of crossings or safety devices;

(2) Other projects that require Department approval prior to construction include, but are not limited to the following projects:

(a) Highway/railway projects that use railroad properties or involve adjustments to railroad facilities required by highway construction, but do not involve the elimination of hazards of railway/highway crossings;

(b) Construction of new highway crossings over a railroad track where a new street or highway is proposed that is not essentially a relocation of an existing street;

(c) Construction of a new railroad crossing of an existing highway or street.

 

R930-5-7. Diagnostic/Surveillance Review Team.

(1) The Department shall have a program for the identification of highway/railway crossings for improvement. Crossings may be identified for improvement upon recommendation from the diagnostic/surveillance review team, or by formal finding of the Department. The role of the Diagnostic/Surveillance Review Team is to make recommendations to the Department for changes needed at railroad crossings. The team serves as a venue where different agencies and railroads may come together and discuss options and alternatives for safety improvement. The Department shall consider all recommendations made by the team members, and input received from the public at large (in accordance with section R930-5-14) before issuing final orders for the improvement of grade crossings. Suggested improvements at all highway/railway intersection crossings are evaluated by a Diagnostic/Surveillance Review Team. The team reviews railroad crossings when requested by local agencies, when significant changes in highway traffic patterns are proposed, or when railroad traffic is proposed to significantly increase. The Department may also make formal findings and rulings as part of its routine inspection of railroad crossings, independent of the Diagnostic/Surveillance Review Team.

(2) The Diagnostic/Surveillance Team is composed of the following team members:

(a) Chief Railroad Engineer for the , Department;

(b) Representatives from the railroad company;

(c) Representatives from the local government agency (preferably from engineering or public works), and when available the local law enforcement groups where the highway/railway crossing is located and

(d) Representatives from the local school district, if the crossing is located on an approved school walking route.

(3) The Diagnostic/Surveillance Team shall, when appropriate:

(a) Recommend the elimination of at-grade highway/railway crossings;

(b) Recommend that passive railroad warning devices be installed at crossings in accordance with the MUTCD;

(c) Recommend installation of active railroad warning devices at highway/railway crossings. Active warning devices include flashing lights, flashing lights with gates, flashing lights with gates and overhead cantilever lights, three- or four-quadrant gates with gate management system, or other active warning device as defined in the MUTCD;

(d) Recommend the type of railroad crossing materials to be installed at highway/railway crossings;

(e) Recommend the improvement of the highway approach grades to the tracks to improve sight distance;

(f) Recommend removal of trees, brush and foliage from the highway and railroad rights-of-way and private properties to provide better sight distance for motor vehicles;

(g) Recommend changes needed to improve pedestrian safety, and to comply to the extent possible with the Americans with Disabilities Act;

(h) Review all requests for new at-grade crossings of existing railroads. The highway agency making the request for a new crossing shall provide a master street plan showing the agency's plan to eliminate or combine existing railroad crossings before new crossings will be approved;

(i) Review change of use of highway/railway crossings. The local agency shall verify the permitted use, public or private, of any highway/railway crossing in writing from the authorized owner of the track prior to approval of new development or change in land use or ownership;

(j) Recommend new overpass or other grade separation structures;

(k) Recommend the installation of street lighting to improve visibility;

(l) Recommend any other safety mitigation requirements in order to improve vehicle and pedestrian safety.

(4) Duties of individual Diagnostic/Surveillance Team members include:

(a) The Chief Railroad Engineer shall:

(i) notify team members who are to attend the review;

(ii) conduct the reviews and issue team reports within two weeks after the review and send copies to all those attending the review;

(iii) establish requirements for horizontal and vertical alignments of the roadway;

(iv) determine passive and active railroad warning device locations on the roadway;

(v) determine funding apportionments on federal railroad safety projects;

(vi) initiate all Notices of Intended Action for railroad projects;

(vii) review the plans and contractual agreement requirements on projects demanding federal funds from local agencies;

(viii) obtain all necessary field data for plan site maps and take photographs of the existing conditions of all quadrants of the intersection.;

(b) The Railroad Company Representative shall provide train volumes, accident data, and any other pertinent data regarding the railroad crossing;

(c) The Local Agency Representative shall provide highway traffic volumes, proposed road construction activities on the highway, or an approved master plan for the highway, in addition to any other pertinent data regarding the crossing;

(d) The Local School District Representative shall provide school-age pedestrian traffic counts and school routing plan information.

(5) Where a new railroad crosses an existing highway, the Department will consider the new crossing in conformance with Section 54-4-15. Public notice will be made in conformance with R930-5-14, Notice of Intended Action. If approved, the required separation or railroad warning devices, and any pavement work at the crossing shall not be considered to be of benefit to the road user and 100 percent railroad participation shall be required. The determination as to separation of type of warning devices shall be according to classification and traffic volume of the highway crossed and the predicted traffic hazard and as recommended by the Surveillance Team.

 

R930-5-8. Design of At-Grade Highway/Railway Crossings.

(1) The Department shall oversees and approves the design of all highway/railway at-grade crossings. Facilities that are the responsibility of the railroad for maintenance and operation shall conform to the specifications and design standards used by the railroad in its normal practice. At-Grade crossings that are the responsibility of the local agency for maintenance and operation shall conform to the specifications and design standards and guides used by the highway agency in its normal practice subject to approval by the Department. Where a local agency does not have an approved standard, Department standard drawings for the design of railroad crossings apply. Traffic control devices at all grade crossing improvements shall comply with the MUTCD. Required clearances for all devices shall conform to the MUTCD, or as approved by the Department. All design plans shall include USDOT identification numbers, street addresses, railroad subdivision and railroad milepost for at-grade crossings.

(2) Railroad crossing surface materials shall be designed as follows:

(a) When it is determined that the railroad crossing material needs to be extended or replaced, the agency doing the design of the crossing shall determine the minimum length of the crossing material. The length shall be determined based on the proposed width of the new roadway or from the approved master plan roadway width. The crossing material length shall extend at least two feet from the outer edge of the roadway, beyond the roadway clear zone area, or to the back of the concrete curb and gutter or out past the sidewalks;

(b) The approach grades of the roadway to the railroad crossing material shall conform to standard drawings published by the Department, to the extent practical;

(c) When the existing railroad crossing material is to be extended but the existing material is too old and cannot be connected to the new material, complete replacement of the railroad crossing material is required;

(d) New railroad crossing materials shall use insulated concrete panels. Other materials may be used, if approved by the Department.

(3) Active railroad warning devices shall be designed as follows:

(a) The railroad company is responsible for the design of the railroad activation circuitry, hardware, and software necessary to comply with requirements of the Department. Clearances for active warning devices shall comply with requirements of the MUTCD, unless otherwise specifically authorized by the Department;

(b) Three- and four-quadrant gate systems: Designs for these systems shall be in conformance with the MUTCD. Exit gates for these systems shall be designed to fail in the upright position. Time-delayed exit gates shall not be used in these systems, except for locations with a single track that is nearly perpendicular to the highway. In these cases, where practical, the exit gate shall be placed at a distance from the track to allow for a single design vehicle to exit the crossing area safely. The Diagnostic/Surveillance Review Team shall recommend delay times to be used in these applications. For all other installations (single track skewed crossings, multi-track crossings, etc.) a dynamic exit gate system shall be used. The exit gate system shall employ a method (as approved by the Department) of detecting vehicles stalled on the tracks and shall raise exit gates to allow for vehicles to exit the crossing area. When the active warning devices are placed within the roadway clear zone, appropriate attenuation devices shall be installed;

(c) When an existing roadway is to be widened, the new location of the active railroad warning devices shall be determined by the railroad and highway agency. The railroad company shall relocate the devices;

(d) When active warning devices are within 200 feet of a traffic signal, the local authority shall provide the type and amount of preemption time needed to the Diagnostic Review Team. The railroad company shall design the crossing per the specification of the local authority. The local authority shall provide an interconnect to the traffic signal controller. The local authority is responsible for programming traffic signal controller;

(e) Design plans shall show the location of active devices by both highway station and railroad milepost.

(4) The following passive warning devices shall be designed, installed, and maintained by the railroad company in accordance with the MUTCD:\

(a) Sign R15-1 (crossbuck);

(b) Sign R15-2 (number of tracks);

(c) Sign R1-1 (STOP);

(d) Sign R1-2 (Yield);

(e) Sign R15-3 (Exempt);

(f) Sign R8-9 (Tracks out of Service)

(5) Design, installation, and maintenance of all other passive railroad warning devices, signs, and pavement markings is the responsibility of the highway agency that crosses the railroad tracks. Design and location of the devices shall be in accordance with the MUTCD and as engineering studies indicate necessary, or as required by the Diagnostic Review Team.

 

R930-5-9. Responsibility to Arrange for the Installation of Railroad Materials and Devices.

(1) Responsibility for installation of railroad crossing material is as follows:

(a) When a roadway is widened by a local agency, the local agency shall be responsible to arrange by agreement with the railroad company to install the railroad crossing extension.

(b) When local agencies reconstruct a roadway and new railroad crossing material is required, the local agency shall arrange by agreement with the railroad company for the complete replacement of the railroad crossing material when material cannot be extended.

(2) Responsibility for installation of active warning devices is as follows:

(a) When a local agency widens a roadway which changes the existing conditions of the highway/railway crossing and it requires active warning devices, the local agency shall be responsible to arrange by agreement with the railroad company for the installation of the active railroad warning devices after their plans are approved by the Department.

(b) When a local agency widens a roadway that has existing active railroad warning devices, the local agency shall have their plans approved by the Department and arrange by agreement with the railroad company for the relocation of the devices.

(c) Prior to approving new residential, commercial or industrial development within 1000 feet of a railroad crossing, the local agency shall request a Diagnostic/Surveillance Review of the proposed development to assess the potential traffic impacts at the railroad crossing. When a local agency approves increased development that changes the conditions of a highway/railway at-grade crossing by increasing traffic volumes and/or by adding new access openings onto a highway within 250 feet, the agency plans shall be approved by the Department. The local agency shall arrange by agreement with the railroad company for any required railroad changes.

(d) When a highway/railway at-grade crossing is listed in the Department's Annual High Accident Prediction List and active warning devices are required, the Department shall arrange by agreement with the railroad company for the installation of the active railroad warning devices.

(e) When a local agency requests a surveillance review of a highway/railway intersection or a corridor of intersections and the Diagnostic/Surveillance Team recommends that a crossing or crossings can be eliminated and other crossings can be upgraded, the Department shall determine if Federal Railroad Safety Funds (also know as "Section 130 funds") may be used for any or all of the improvements. If Federal funding is available, the Department shall also arrange by agreement with the railroad company for the installation of the active railroad warning devices.

(3) The Local Agency is responsible for the installation of all passive railroad warning devices.

 

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.

(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 rails is the responsibility of the railroad company.

(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.

(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.

(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.

(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.

 

R930-5-11. FHWA Authorizations.

(1) The costs of preliminary engineering, right-of-way acquisition, and construction incurred after the date each phase of the work is included in an approved program and authorized by FHWA are eligible for federal participation. Preliminary engineering and right-of-way acquisition costs which are otherwise eligible, but incurred by the railroad prior to authorization by FHWA, although not reimbursable, may be included as part of the railroad share of the project cost where such share is required.

(2) Prior to issuance of authorization by FHWA either to advertise the physical construction for bids, to proceed with force account construction for railroad work or for other construction affected by railroad work the following must be accomplished:

(a) Plans and specifications and estimates must be approved by FHWA.

(b) A proposed agreement between the state and the railroad company must be found satisfactory by FHWA. Before Federal funds may be used to reimburse the state for railroad costs the executed agreement must be approved by FHWA.

 

R930-5-12. Railroad Agreements.

(1) Where construction of a federal aid project requires use of railroad properties or adjustments to railroad facilities, the Department shall prepare an agreement between it and the railroad company.

(2) Master agreements between the Department and a railroad company on an area wide or statewide basis may be used. These agreements shall contain the specifications, regulations and provisions required in conjunction with work performed on all projects.

(3) On a project-by-project basis, the written agreement between the Department and the railroad company shall, as a minimum, include the following, where applicable:

(a) Reference to appropriate federal regulations;

(b) detailed statement of the work to be performed by each party;

(c) Method of payment shall be actual cost;

(d) For projects which are not for elimination of hazards of highway/railway crossings, the extent to which the railroad is obligated to move or adjust facilities at the expense of the agency owning the roadway;

(e) The railroad's share of the project cost;

(f) An itemized estimate of the cost of the work to be preformed by the railroad;

(g) Method to be used for performing the work, either by railroad forces or by contract;

(h) Maintenance responsibility;

(i) Form, duration, and amounts of any needed insurance;

(j) Appropriate reference to or identification of plans and specifications.

(4) On matching fund agreements between the Department and the Local Agency, on a project-by-project basis the written agreement shall include the following:

(a) Description of work and location, city, county, state;

(b) Reference to federal regulations that matching funds will be provided by the agency having jurisdiction over the street or highway right-of-way where improvements are desired;

(c) Detailed statement of work to be preformed by each party regarding design engineering, agreements, inspection and maintenance;

(d) Statement of finances of project and matching funds to be provided by local agency, deposits, invoices and cost overruns or underruns.

(5) Agreements prepared for local government and industrial trackage crossing are prepared between the agency owning the street or highway right-of-way and the industry on forms furnished by the railroad companies.

(6) In order that a highway/railway project shall not become unduly delayed, the Department shall consider a six-month period of time from issuance of the railroad agreement to be adequate for completion of execution by the railroad company involved. Should more than the specified period of time elapse, the Department shall require the railroad to proceed with the work covered by the agreement under the authority contained in Section 54-4-15 and approval from the FHWA will be solicited in conformance with 23 CFR 646.

 

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.

(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.

(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.

(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.

(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.

(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.

 

R930-5-14. Notice of Intended Action Process.

(1) Public notification is required when the Department is considering proposals to close public streets at crossings, removal of tracks from crossings, addition of tracks at crossings, or construction of new public at-grade crossings. The Department shall advertise a notice of its intended action in a newspaper of general circulation, and if available, a newspaper of local circulation in the area affected, at least twice with a provision that written protests may be filed with the Department 15 days from the date of the last publication of the notice. The local public authority shall provide written notice to all property owners within one-half mile of the crossing area. The notice shall identify the project, briefly describe the changes proposed, who to contact for information, where to file complaints or comments, and contain general information relating to the proposed action.

(2) Construction of a new highway crossing of a railroad track where a new street or highway is proposed which is not essentially a relocation of an existing street, the the Department will consider the new crossing in conformance with Section 54-4-15. Public notice will be made in conformance with this rule.

(3) All requests for a public meeting shall be in writing and shall detail how a proposed action will adversely affect a group of people, firm or corporation, and if it appears that the adverse affect cannot be alleviated by the Department. Such a hearing will be conducted informally by the Department. Any party aggravated by any determination made by the Department shall have their statutory right under Section 54-4-15, as amended, to petition the PSC for a hearing to be governed by the procedures of the PSC.

(4) In instances where the action proposed by the Department does not substantially affect the general public, The Department may waive the requirement to public notice, provided all parties affected concur in writing with the action proposed. For the purposes of this section, parties affected shall mean railroads or other common parties, state, county, city or other environmental agencies, boards or commissions, having jurisdiction over any property rights of facilities, and private persons or directly affected.

 

R930-5-15. Clearances.

(1) Unless otherwise noted, all clearances apply to tracks carrying freight or passengers.

(a) Overhead clearances. Overhead clearance is measured as the minimum clearance from the top of rail to the lowest point on a structure.

(i) For tracks carrying freight cars, 23'6";

(ii) For tracks carrying only passenger cars, 14';

(b) Side Clearances. Side clearance is measured from the centerline of tangent standard gauge tracks. Increase clearances on all structures adjacent to curved track by 12 inches.

(i) Posts, pipes, warning signs, other small obstructions, 10';

(ii) Freight platforms, 8 inches or less above top of rail, 4'8";

(iii) Freight platforms, between 8 inches and 21 inches above top of rail, 5'8";

(iv) Freight platforms, between 21 inches and 48 inches above top of rail, 7'3";

(v) Refrigerated freight platforms, between 48 inches and 54 inches above top of rail, 8'0";

(vi) All other structures, near freight tracks, 8'6";

(vii) Poles supporting electrical conductors for use in supplying motive power to tracks, 7'6";

(viii) All other poles supporting cables or wires, 8'6";

(ix) Through bridges and tunnels supporting track affected, 8'0";

(x) Switch boxes, operating mechanisms, and appurtenances necessary for the operation of switches, turnouts, or interlocking devices, less than 4 inches above top of rail, 3'0";

(xi) Block signals and switch stands, three feet or less above top of rail and located between tracks, 6'0";

(xii) Block signals and switch stands, used in operation of Light Rail Transit, 7'6";

(xiii) All other block signals and switch stands, 8'6";

(xiv) Water and oil columns, 8'0";

(xv) Hand rails on bridges or trestles, less than four feet above top of rail, 7'6";

(xvi) Fences of cattle guards, 6'9";

(xvii) Doors and entrances to repair shops or maintenance buildings, 7'6";

(xix) All other objects and articles, 8'6.(c) Overhead and side clearances. Minimum overhead and side clearances may be decreased to the extent defined by the radius of a circle with the appropriate side clearance, with the center-point of the circle set at the appropriate minimum clearance height. Overhead and side clearances do not apply to shops and buildings in which rail equipment is moved for repairs

(d) Clearances for parallel tracks. Clearance is measured from centerline of tracks.

(i) Tracks used for freight transportation, mainline or siding tracks, 15';

(ii) Tracks used for passenger transportation, mainline or siding tracks, 15';

(iii) Tracks used as team or freight house tracks may be reduced to 11'6" provided that all other side clearances are maintained;

(iv) Between adjacent ladder or yard tracks, 20'. Between ladder or yard tracks and other (mainline or siding) tracks, 17.

(e) Minimum clearances for public roads, highways, and streets.

(i) Where railroads cross overhead, 17';

(ii) Where railroads cross overhead, side clearances are based on the width of the road and the number of lanes crossing under the structure. Minimum widths are determined by the Department of Transportation on a case-by-case basis;

(iii) Where roads cross overhead, use the minimum clearances as provided in this rule.

 

R930-5-16. Accident Reporting.

Railroad companies are required to report all accidents occurring at highway-rail grade crossings to the Department's Chief Railroad Engineer within 2 hours of the incident. Initial notification must include the USDOT crossing number, street address, municipality, time of incident, train identifier, and contact phone number for further information. Written accident reports shall be submitted to the Department within 30 days of the incident. Current Federal Railroad Administration (FRA) form F 6180.57 shall be used to report accidents.

 

R930-5-17. Exemption of Railroad Crossings.

Under Section 41-6a-1205, Utah Code, certain vehicles are required to stop at all railroad crossings, unless a crossing is signed as exempt from this requirement. Recommendation to exempt a crossing is made by the Diagnostic/Surveillance team to the Department. Certain crossings are not eligible for exemption from Section 41-6a-1205:

(1) Mainline crossings with passive protective devices only;

(2) Crossings within approved quiet zones;

(3) Crossings where insufficient sight distance exists;

(4) Notification under section R930-5-14 shall be performed prior to authorization of exempting crossings.

 

KEY: railroads, transportation, safety

Date of Enactment or Last Substantive Amendment: June 10, 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]

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

R930-5-1. Purpose and Authority.

(1) The Utah Department of Transportation (the "Department") oversees all Public Highway-Rail Grade Crossings ("Crossings") in the state of Utah. Railroads have jurisdiction over and are responsible for the safety of private crossings. The Department's goals are to improve the safety for all users of a Crossing and provide for the efficient operation of trains and vehicles and pedestrians access through those Crossings. As part of this effort, the Department promotes the elimination of Crossings and at regular intervals, the Department:

(a) Reviews all existing Crossings in the state for safety deficiencies;

(b) Evaluates and approves the location of a new Crossing;

(c) Prescribes the type of improvements at a Crossing;

(d) Defines maintenance responsibility for a Crossing; and

(e) Determines funding apportionments for all Section 130 Crossing Projects.

(2) This rule describes procedures for evaluating and selecting a Crossing for improvement as well as for evaluating and selecting the type of improvements at a Crossing. Such improvements include, but are not limited to:

(a) The evaluation and selection of the type of Passive and Active Warning Devices;

(b) The process for evaluating and determining whether a Crossing should be grade separated; and

(c) The process for evaluating Quiet Zones as outlined in 49 CFR 222.

(3) This Rule outlines the responsibilities of the various parties with respect to the design, maintenance and funding for Crossing improvements.

(4) This Rule is authorized by Section 54-4-15 "Establishment and Regulation of Grade Crossings," Section 54-4-14, Section 72-1-201, Section 41-6a-1205 and Title 63G, Chapter 3 "Utah Administrative Rulemaking Act."

 

R930-5-2. Incorporation by Reference.

The following federal law, state law, federal agency manuals, association standards and UDOT technical requirements are incorporated by reference:

(1) 23 CFR 148 "Highway Safety Improvement Program" (2005);

(2) 23 CFR 646 "Railroads" (2009);

(3) 23 CFR 655 "Traffic Operations" (2009) "Manual of Uniform Traffic Control Devices (MUTCD)" (2003, with revisions 1 and 2 incorporated, dated 2007);

(4) 23 CFR 924 "Highway Safety Improvement Program" (2009);

(5) 49 CFR 209 "Accidents and Incidents" (2009);

(6) 49 CFR 212 "State Safety Participation Regulations" (2009);

(7) 49 CFR 222 "Use of Locomotive Horns at Public Highway-Rail Grade Crossing" (2009)

(8) 49 CFR 659 "Rail Fixed Guideway Systems; State Safety Oversight" (2009);

(9) "A Policy on Geometric Design of Highway and Streets", American Association of State Highway and Transportation Officials (AASHTO) (2004);

(10) "Railroad-Highway Grade Crossing Handbook", Federal Highway Adminstration (FHWA) (August 2007);

(11) "Preemption of traffic signals near Railroad Crossings", Institute of Traffic Engineers (ITE) (2004);

(12) "Manual for Railway Engineering", Chapter 28, Clearances, American Railway Engineering and Maintenance-of-Way Association (AREMA), 2007; and

(13) "Standard Drawing ST-7 Pavement Marking and Signs at Railroad Crossings", Utah Department of Transportation (UDOT) (2008).

 

R930-5-3. Definitions.

(1) "Active Warning Device" means traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manually operated devices and Crossing watchmen, all of which display to motorists positive warning of the approach or presence of a train.

(2) "Company" means any local district or utility company.

(3) "Diagnostic Team" means an appointed group of knowledgeable representatives of the parties of interest in a Crossing or group of Crossings.

(4) "FHWA" means the Federal Highway Administration, an agency within the United States Department of Transportation.

(5) "FRA" means the Federal Railroad Administration, an agency within the United States Department of Transportation.

(6) "FTA" means the Federal Transit Administration, an agency within the United States Department of Transportation.

(7) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the area within the right-of-way.

(8) "Highway-Rail Grade Crossing" ("Crossing") means the general area where a Highway and a Railroad cross at the same level within which are included the Railroad, Highway, and roadside facilities for public traffic traversing the area.

(9) "Highway Authority" means the Department or local governmental entity that owns or has jurisdiction over a Highway.

(10) "MUTCD" means the Manual of Uniform Traffic Control Devices as adopted in Section 41-6a-301.

(11) "Neutral Quadrant" means the quadrant that minimizes sight distance conflicts with immediate on-coming auto traffic. Generally, the neutral quadrant is on the far side of the tracks from the direction of vehicular travel.

(12) "Passive Warning Device" means those types of traffic control devices, including signs, markings and other devices located at or in advance of a Crossing to indicate the presence of a Crossing but which do not change aspect upon the approach or presence of a train.

(13) "Preliminary Engineering" means the work necessary to produce construction plans, specifications, and estimates to the degree of completeness required for undertaking construction, including locating, surveying, designing, and related work.

(14) "PSC" means the Public Service Commission of the State of Utah.

(15) "Quiet Zone" means a section of a rail line at least one half mile in length that contains one or more consecutive public Crossings at which locomotive horns are not routinely sounded, see 49 CFR 222.

(16) "Railroad" means all rail carriers, whether publicly or privately owned, and common carriers, including line haul freight and passenger railroads, public transit districts, switching and terminal railroads, passenger carrying railroads such as rapid transit, and commuter and street railroads.

(17) "Section 130 Crossing Project" means a project that eliminates hazards and improves the safe operation of trains, vehicles, and pedestrians through a crossing and is authorized and funded by United State Code, Title 23, Section 130 Program funds.

 

R930-5-4. Type and Selection of Crossing Projects.

(1) Section 130 Crossing Projects:

(a) Section 130 Crossing Project types include, but are not limited to:

(i) Elimination of a Crossing by combining multiple Crossings;

(ii) Elimination of a Crossing by the relocation of a Highway;

(iii) Elimination of a Crossing by the construction of a new grade separation;

(iv) New safety improvements;

(v) Reconstruction of a Crossing grade separation structure; and

(vi) Repair of Crossing material, that would otherwise be the responsibility of the Railroad as prescribed in Subsection R930-5-8-(1)(b), if the repair of the Crossing material affects or is an integral part of the Crossing safety devices.

(b) The Department has established a process for the evaluation and selection of Section 130 projects that considers the potential reduction in the number and/or severity of collisions, the cost of the Crossing projects, and available resources. Specific methods for selecting and prioritizing Crossings for improvement include:

(i) The collection and maintenance of data utilizing the USDOT Grade Crossing Inventory to record Crossing data including, but not limited to the current physical condition, average daily traffic, and collision data associated with a Crossing.

(ii) An engineering study conducted on a Crossing at the request of a Highway Authority, Railroad, or company or using a priority list developed using the USDOT Accident Prediction Model. The purpose of the engineering study is to review the Crossing and its environment, identify the nature of any deficiencies and recommend alterative improvements. Specifically, an engineering study reviews Crossing characteristics, the existing traffic control system, and the Highway and Railroad characteristics. Based on the review of these conditions, an assessment of existing and potential hazards is made, deficiencies are identified and countermeasures are recommended.

(iii) System or corridor evaluations consider a Crossing as a component of a larger transportation system. The objective is to improve both safety and operations of the total system or segments of the system. In such cases, all Crossings within a corridor are evaluated and can be programmed for improvements. The optimal outcome of a corridor study involves a combination of engineering improvements and closures such that both safety and operations are highly improved.

(2) Non-Section 130 Crossing Projects:

(a) Non-Section 130 Crossing Project types include, but are not limited to:

(i) Crossing projects that use Railroad properties or involve adjustments to Railroad facilities required by Highway construction, but do not involve the elimination of hazards at a Crossing; and

(ii) Construction of a new Crossing at or over a Railroad track where the new Highway is not a relocation of an existing Highway.

(b) Non-Section 130 Crossing Projects will be evaluated and selected as part of the Department's normal STIP evaluation and approval process.

 

R930-5-5. Diagnostic Team.

(1) The role of the Diagnostic Team is to make recommendations to the Department for needed safety improvements at a Crossing.

(2) The Diagnostic Team reviews and evaluates proposed improvements for all Section 130 Crossing Projects and Non-Section 130 Crossing Projects. The Diagnostic Team reviews a Crossing when requested by a Highway Authority, Railroad, or Company when changes in Highway traffic patterns are proposed, when proposed Railroad traffic is determined to increase significantly, when complaints are made about a Crossing, when safety concerns arise, or when the Department receives a closure request. The Department will consider all recommendations made by the Diagnostic Team and, if appropriate, input received from the public at large (in accordance with Section R930-5-13) before issuing orders for the improvement of Crossings.

(3) The Department may also make formal findings and rulings as part of its process for evaluating Crossing improvements or during routine inspection of Crossings, independent of the Diagnostic Team.

(4) The Diagnostic Team is usually composed of the following team members:

(a) Chief Railroad Engineer for the Department;

(b) Representative from the Railroad;

(c) Representative from the appropriate Company, if applicable; and

(d) Representative from the Highway Authority (preferably from engineering or public works), and when available, and where appropriate public school district, law enforcement agency and invites with an interest in the Crossing.

(5) The role of the Diagnostic Team is to:

(a) Recommend the elimination of a Crossing;

(b) Recommend the type of safety improvements including, but not limited to Passive Warning Devices, Active Warning Devices, the type of Crossing material, improvements to Highway approaches, removal of foliage and brush, pedestrian facilities (including compliance with ADA requirements), and improvements to street lighting;

(c) Review all requests for a new Crossing;

(d) Review all requests to reclassify a Crossing from private to public;

(e) Recommend the Department conduct an engineering study to evaluate the need for a new overpass or other grade separation structure(s); and

(f) Recommend any other safety related changes to improve vehicle and pedestrian safety.

(6) Duties of Diagnostic Team members generally include participating in Crossings reviews and providing input into the Diagnostic Team recommendations. Specific duties include, but are not limited to the following:

(a) The Chief Railroad Engineer will, when applicable:

(i) Select a Section 130 Crossing Project from a corridor study, or based on a Highway Authority, Railroad, or Company request;

(ii) Schedule and notify Diagnostic Team members, and the FHWA, of the date and time of an upcoming review;

(iii) Conduct Crossing review and issue related reports in a reasonable time after the review and send copies to all those attending the review;

(iv) Review and approve Crossing improvements recommended by the Diagnostic Team;

(v) Determine Section 130 apportionments for Crossing projects;

(vi) Initiate all Notices of Intended Action for Crossing projects, as appropriate;

(vii) Review and approve the contractual requirements for Crossing projects using Section 130 Program funding;

(viii) Review all necessary field data obtained for the Crossing, including but not limited to site plan maps and photographs of the existing Crossing conditions.

(b) The Railroad representative shall provide all relevant data related to the Crossing, including, but not limited to train volumes, accident data and any other pertinent data regarding the Crossing;

(c) The Highway Authority representative shall:

(i) Provide relevant data regarding the Crossing including, but not limited to Highway traffic volumes, planned road construction activities, and an approved master street plan for the Highway;

(ii) Invite local school district if appropriate and request that the local school district representative provide child access and bus routing plan information; and

(iii) Invite local law enforcement agency if appropriate and request that the law enforcement agency provide relevant data, including, but not limited to any safety concerns about the Crossing.

 

R930-5-6. Design of a Highway-Rail Grade Crossing.

(1) The Department shall approve or disapprove, as appropriate, the design of all Crossing improvements, including the addition of a new Crossing and treatments for a closed Crossing. All design plans shall include, if available:

(i) USDOT identification numbers;

(ii) Street addresses;

(iii) Highway milepost;

(iv) Railroad subdivision; and

(v) Railroad milepost for the Crossing.

(2) Design of Crossing related facilities that are the responsibility of the Railroad shall conform to the specifications and design standards of the Railroad.

(3) Design of Crossing related Highway approaches, those areas two feet outside of rail that are the responsibility of the Highway Authority shall conform to the specifications and design standards of the Highway Authority, subject to approval by the Department. Where a Highway Authority does not have an approved standard, Department standard drawings for the design of the Crossing approaches apply.

(4) Traffic control devices installed as part of any Crossing improvements shall comply with the MUTCD. Required clearances for all devices shall conform to the MUTCD and any variances from MUTCD requirements must be approved by the Department.

(5) When it is determined that the railroad crossing material needs to be extended or replaced, the agency doing the design of the crossing shall determine the minimum length of the crossing material. The length shall be determined based on the proposed width of the new roadway or from the approved master plan roadway width. The crossing material length shall extend at least two feet from the outer edge of the roadway, beyond the roadway clear zone area, or to the back of the concrete curb and gutter or out past the sidewalks.

(6) The Railroad is responsible for the design of Railroad Active Warning Devices, including the location, activation circuitry, hardware, and software in accordance with MUTCD.

(a) When Active Warning Devices are within 200 feet of a traffic signal, the Highway Authority and the Railroad shall coordinate the design of the interconnect between the traffic signal and Automatic Warning Device to ensure sufficient preemption time to clear potential vehicle stacking across a Crossing.

(b) Signal houses for Active Warning Devices shall be located in the Neutral Quadrant unless approved by the Department.

(7) The Railroad is responsible for the design of all required Railroad Passive Warning Devices located within the Railroad road right-of-way in accordance with the MUTCD, specific Passive Warning Devices include:

(a) Sign R15-1 (Crossbuck);

(b) Sign R15-2 (Number of tracks);

(c) Sign R1-1 (STOP);

(d) Sign R1-2 (Yield);

(e) Sign R15-3 (Exempt);

(f) Sign R8-9 (Tracks out of Service).

(8) Design and installation of all other Passive Warning Devices, signs, and pavement markings is the responsibility of the Highway Authority. Design and location of the devices shall be in accordance with the MUTCD.

(9) For clearances, refer to the Manual for Railway Engineering, Chapter 28, Clearances, American Railway Engineering and Maintenance-of-Way Association (AREMA), 2007.

 

R930-5-7. Highway Authority and Railroad Responsibility to Request Approval and Arrange for the Installation of Crossing Improvements.

(1) When a Highway Authority widens or constructs a new Highway, the Highway Authority shall be responsible to request a Diagnostic Team review of the Crossing and arrange by agreement with the Railroad to design and install all required improvements concurrent with its request for approval from the Department:

(2) Prior to approving new residential, commercial, or industrial development within 1000 feet of a Crossing, the Highway Authority shall request a Diagnostic Team review to assess the potential traffic impacts at the Crossing.

(3) Before a Highway Authority approves increased development that changes the conditions of a Crossing by significantly increasing traffic volumes, the Highway Authority plans shall be approved by the Department.

(a) No new access openings can be opened within 250' of a Crossing unless approved by the Department.

(b) The Highway Authority shall arrange by agreement with the Railroad for any required Railroad facility changes ordered by the Department.

(4) The Highway Authority is responsible for the installation of all Passive Warning Devices outside the Railroad right-of-way, excepting those signs listed in Section R930-5-6.6, or unless a separate agreement applies.

(5) Before a Railroad modifies any safety related devices or the physical layout of a Crossing, the Railroad shall request a Diagnostic Team review of the proposed changes and request Department approval of all Crossing related designs.

(6) A Highway Authority, Railroad, or Company making a request for a new Crossing or the reclassification of a Crossing from private to public shall provide the Department with an approved master street plan from the appropriate jurisdiction showing the elimination or combination of existing Crossings and/or other safety improvements that enhance the overall safety of the corridor before a new Crossing or reclassification of a Crossing from private to public will be approved.

(a) A Highway Authority, Railroad, or Company requesting a new Crossing or reclassification of a Crossing from private to public will mutually arrange by agreement for the proposed new Crossing or reclassification of a Crossing before seeking Department approval of the change.

 

R930-5-8. Maintenance.

(1) Responsibility for maintenance is as described in this section unless a separate agreement applies.

(a) The Railroad is responsible for the maintenance of all Railroad Passive Warning Devices and Active Warning Devices within the Railroad right-of-way.

(b) If the Railroad has a property interest in the right-of-way, the Railroad is responsible for the maintenance of Crossing material within the Railroad right-of-way and two feet beyond each outside rail for Crossings without concrete crossing panels or edge of concrete crossing panel.

(c) On a temporary Highway Detour Crossing, the Railroad shall be responsible for the maintenance of pavement, Active Warning Devices, and Passive Warning Devices within the Railroad right-of-way at expense of the Highway Authority.

(d) When the Railroad alters the railway due to track and ballast maintenance, the Railroad shall coordinate their work with the Highway Authority so the pavement approaches can be adjusted to provide a smooth and level Crossing surface.

(e) When the Highway Authority changes the Highway profile, through construction or maintenance activities, the Highway Authority shall coordinate their work with the Railroad so the tracks can be adjusted to provide as smooth and level a Crossing surface as possible.

(f) Where a Highway structure overpasses a Railroad, the Highway Authority is responsible for the maintenance of the entire structure and its approaches.

(g) Where a Highway underpasses a Railroad and the Railroad owns the right-of-way in fee title, the Highway Authority is responsible for the maintenance of the Highway and the entire structure below and including the deck plate, girders, handrail, and parapets. The Railroad is responsible for the maintenance of the ballast, ties, rails and any portion of the supporting structure above the top of the ballast deck plate between parapets.

(i) If the Highway Authority owns the right-of-way in fee title, the Railroad is responsible for the maintenance of the entire structure unless a separate agreement applies.

(ii) 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.

(h) Responsibility for maintenance of private industrial trackage not owned by a Railroad that crosses a Highway shall be as follows:

(i) When a facility, plant, or property owner receives goods and services from a Railroad over private industrial trackage that crosses a Highway, maintenance of the Crossing shall be the responsibility of the industry owning the trackage, or as agreed to by the parties.

(ii) When the Crossing becomes a safety hazard to vehicles and is not maintained, the Department and/or the Railroad shipping the goods and services shall notify the industry owning the trackage in writing to maintain or replace the Crossing material.

(iii) If the industry owning the trackage does not maintain or replace the Crossing material by a specified date, the Department shall order the Railroad to cease and desist operations across the Crossing.

(iv) If the industry owning the trackage does not respond to the order to maintain or replace the Crossing material the Department shall arrange to have the Crossing material replaced and bill the industry owning the trackage for the expenses to repair the trackage.

 

R930-5-9. Funding Authorization and Apportionment of Cost for Section 130 Crossing Projects.

(1) Funding Authorization.

(a) Section 130 Crossing Projects:

(i) Costs associated with a FHWA authorized and approved program are eligible for federal participation. Eligible costs incurred in an approved program prior to authorization by FHWA are not reimbursable, but may be included as part of the Railroad share of the project cost where such a share is required. Eligible costs include, but are not limited to cost associated with environmental clearance, Preliminary Engineering, and right-of-way acquisition.

(ii) Prior to FHWA issuing its authorization to advertise the construction of a Crossing project, the Crossing project must receive environmental clearance; the plans, specifications and estimates must be approved by FHWA; and any proposed agreement between the Railroad and the Department must be reviewed and approved by FHWA, as per FHWA's stewardship agreement with the Department.

(b) Non-Section 130 Crossing Projects:

(i) The Department will consider requests for funding of non-Section 130 Crossing Projects as part of its regular STIP evaluation and approval process.

(2) Apportionment of Costs.

(a) Section 130 Crossing Projects:

(i) Apportionment of costs for installation, maintenance, and reconstruction of safety related improvements at a Crossing shall be in accordance with 23 CFR 646 and Section 54-4-15.

(ii) When a Highway Authority widens a Highway, the Highway Authority shall fund all improvements including, but not limited to Passive Warning Devices, Active Warning Devices, Crossing material, and other improvements as ordered by the Department in consultation with the Diagnostic Team.

(iii) The Department will evaluate each Crossing project to determine the extent to which, if any, the Crossing projects benefits the respective parties. If a Crossing project is determined not to benefit a party, the party will not be required to participate in the funding.

(b) Non-Section 130 Crossing Projects.

(i) The Department will consider requests for funding of non-Section 130 Crossing Projects as part of its regular STIP evaluation and approval process.

 

R930-5-10. Railroad and Highway Authority Agreements.

(1) Where construction of a Section 130 Crossing Project requires use of Railroad properties or adjustments to Railroad facilities, the Department will prepare an agreement with the Railroad.

(2) Master agreements between the Department and a Railroad on an area wide or statewide basis may be used. These agreements shall contain the specifications, regulations, and provisions required in conjunction with work performed on all Crossing projects.

(3) On a project-by-project basis, the written agreement between the Department and the Railroad shall include the following minimum requirements:

(a) Reference to appropriate federal regulations;

(b) Detailed statement of the work to be performed by each party;

(c) The extent to which the Railroad is required to adjust its facilities;

(d) The Railroad's share of the project cost;

(e) An itemized estimate of the cost of the work to be performed by the Railroad;

(f) Method to be used for performing the work, either by Railroad forces or by contract;

(g) Maintenance responsibility;

(h) Form, duration, and amounts of any needed insurance; and

(i) Appropriate reference to or identification of plans and specifications.

(4) On matching fund agreements between the Department and a Highway Authority, the written agreement shall include the following minimum requirements:

(a) Description of work and location, city, county, and state;

(b) Reference to federal regulations that matching funds will be provided by the Highway Authority;

(c) Detailed statement of work to be preformed by each party regarding design, agreements, inspection, and maintenance;

(d) Statement of finances of project and matching funds to be provided by Highway Authority, deposits, invoices, and cost overruns or under runs.

(5) Agreements for industry track Crossings are prepared between the Highway Authority and the industry.

(6) In order that a Crossing project shall not become unduly delayed, the Department shall consider a six-month period from issuance of the Railroad agreement to be adequate for completion of work by the Railroad involved. Should more than the specified period elapse, the Department shall require the Railroad to proceed with the work covered by the agreement under the authority contained in Section 54-4-15 and approval from the FHWA will be solicited in conformance with 23 CFR 646.

 

R930-5-11. Crash Reporting.

A Railroad is required to report crashes resulting in injury or death to an individual or damage to equipment, roadbed, or autos occurring at a Crossing to the Department's Chief Railroad Engineer within 2 hours of the incident. Initial notification must include the USDOT Crossing number, street address, municipality, time of incident, train identifier, and contact phone number for further information. Written crash reports shall be submitted to the Department within 30 days of the incident. Current Federal Railroad Administration (FRA) form F 6180.57 shall be used to report a crash.

 

R930-5-12. Exemption of Railroad Crossings.

Under Section 41-6a-1205, certain vehicles are required to stop at all Crossings unless a Crossing is signed as exempt. Recommendation to exempt a Crossing is made by a Diagnostic Team and the Department is responsible for issuing the exemption order. The following Crossings are not eligible for exemption under this Section:

(1) Mainline Crossings with Passive Warning Devices only;

(2) Crossings within approved Quiet Zones; and

(3) Crossings where insufficient sight distance exists.

 

R930-5-13. Notice of Intended Action.

(1) Public notification of a public hearing opportunity is required, in conformance with Section R930-2, when the Department is considering a proposal to close a Crossing, add a track at a Crossing, or construct a new Crossing. It is the responsibility of the Highway Authority, Railroad, or Company requesting the proposed action, in consultation with the Department, to carry out the requirements of this section unless otherwise agreed to by the Department.

(2) In instances where the action proposed by the Department does not substantially affect the public, the Department may waive the requirement to notice a public hearing opportunity, provided the affected Diagnostic Team members concur in writing.

 

KEY: railroad, crossing, transportation, safety

Date of Enactment or Last Substantive Amendment: 2010

Notice of Previous Continuation: November 29, 2006

Authorizing, Implemented, or Interpreted Law: 41-6a-1205; 54-4-14; 54-4-15; 72-1-201