i 

 

Compilation of 

State Laws and Regulations 

Affecting Highway-Rail 

Grade Crossings 

Seventh Edition – 2021 

U.S. Department of Transportation 

Federal Railroad Administration 

http://railroads.dot.gov 

Compilation of 

State Laws and Regulations 

Affecting Highway-Rail 

Grade Crossings 

Seventh Edition – 2021 
i 

. 

Disclaimer 

This compilation is intended to present the laws of various state jurisdictions as of June 2021. Every effort has been 

made to ensure accuracy. However, due to the broad scope of this project and the fluid nature of statutory law, the 

author cannot guarantee the accuracy of the material presented. 

This compilation is intended to provide a general overview of the state laws and regulations contained in all 50 

states and the District of Columbia and should not be considered a definitive resource. For more detailed and up-todate information, the reader is strongly encouraged to research and review the relevant state laws and regulations. 

This compilation also includes Federal Railroad Administration regulations affecting highway-rail grade crossing 

safety, for the benefit of the reader. 

The publishing of this compilation does not constitute the rendering of legal advice in any jurisdiction. 

NOTICE 

This document is disseminated under the 

sponsorship of the Department of 

Transportation in the interest of information 

exchange. The United States Government 

assumes no liability for its contents or use 

thereof. 

NOTICE 

The United States Government does not endorse 

products or manufacturers. Trade or 

manufacturers’ names that may appear herein 

do so only because they are considered essential 

to the objective of this report. 
ii 

Contents 

Contents ________________________________________________________________ ii 

Acknowledgements _______________________________________________________ iii 

Preface _________________________________________________________________ iv 

Chapter 1: Crossing Consolidations and Closures _______________________________ 1 

Chapter 2: Crossing Treatment Procedures _____________________________________ 89 

Chapter 3: Blocked Crossings _______________________________________________ 250 

Chapter 4: Warning Devices – Passive ________________________________________ 275 

Chapter 5: Warning Devices – Train Borne and Quiet Zones ______________________ 312 

Chapter 6: Warning Devices – Active_________________________________________ 347 

Chapter 7: Slow, Low, and Special Vehicles ___________________________________ 393 

Chapter 8: Driver Action ___________________________________________________ 460 

Chapter 9: Trespassing ____________________________________________________ 552 

Chapter 10: Vandalism ____________________________________________________ 582 

Chapter 11: Private Crossings ______________________________________________ 640 

Chapter 12: Vegetation Clearance____________________________________________ 673 

Chapter 13: Photographic Monitoring and Enforcement __________________________ 690 
iii 

Acknowledgements 

The Compilation of State Laws and Regulations Affecting Highway-Rail Grade Crossings, 

Seventh Edition was prepared by K. Parks Consulting, Inc. 

The authors wish to thank Mr. James Payne, Staff Director, Highway-Rail Grade 

Crossing and Trespass Outreach Division; Ms. Monica Shaw, Transportation Analyst, 

Highway-Rail Grade Crossing and Trespass Outreach Division; and Mr. Michail 

Grizkewitsch, Transportation Analyst, Highway- Rail Crossing and Trespass Outreach 

Division, for their insight, guidance, and direction in developing this compilation.
iv 

Preface 

The Federal Railroad Administration (FRA) has identified 204,6151 public and private 

highway-rail grade crossings in the United States. While there are federal laws that apply to all 50 

states and the District of Columbia pertaining to highway-rail grade crossings, most aspects of 

jurisdiction over highway-rail grade crossings reside with the states. Within some states, 

responsibility is divided between several public agencies. In other states, jurisdiction over highwayrail grade crossings is assigned to a regulatory agency such as the public utility commission, public 

service commission, or state corporation commission. Still other states divide the authority among 

public administrative agencies of the state, county, city, and town having jurisdiction and 

responsibility for their respective highway systems. 

State and local law enforcement agencies are responsible for the enforcement of traffic 

laws at highway-rail grade crossings. In a number of cases, local governments are responsible for 

certain operational matters related to crossings, and this is accomplished through various 

ordinances. The Compilation of State Laws and Regulations Affecting Highway-Rail Grade 

Crossings, 7th Edition (Seventh Edition) is a reference for researchers, engineers, students, and 

legal practitioners in the field of highway-rail grade crossing safety who are seeking state-specific 

laws and regulations affecting highway-rail grade crossings. This edition provides an overview of 

new and existing state laws and regulations as of June 2021. 

Overview 

The Seventh Edition is intended to provide an up-to-date look at the various state laws and 

regulations concerning highway-rail grade crossings and expected driver behavior at those 

crossings. Laws and regulations of the 50 states and the District of Columbia that address highwayrail grade crossings have been compiled into this easy-to-use document. 

Each chapter covers a different highway-rail grade crossing subject area and contains an 

introductory overview thereof. Moreover, the following additional features have been added to 

enhance the reader’s experience: the number of regulations per state has been highlighted and 

references to quiet zones have been added to Chapter 5 (Warning Devices – Train Borne and Quiet 

Zones). 

In addition, each subject area is addressed from a practical orientation. Therefore, while 

there are some laws that deal with multiple subject areas, excerpts of applicable statutes have been 

published in the most relevant sections. The Seventh Edition also marks with an asterisk (*) all 

statutes that have been updated or added since the 2013 publication of the Sixth Edition. 

This publication is available on FRA’s Office of Railroad Safety website and can be received 

via email upon request. The source material collected for this compilation was obtained from legal 

research services such as Westlaw as well as individual state legislative websites that contain the 

laws and regulations of each state and the District of Columbia. The style of legal citation used in 

this Seventh Edition follows conventions set forth in The Bluebook: A Uniform System of Citation, 

Twenty-First Edition, Cambridge, Massachusetts. (Harvard Law Review Association, 2021), except 

where “excerpt from applicable statute published” is indicated.

1

 According to the Federal Railroad Administration Office of Safety Analysis as of June 2021. 
1 

Chapter 1: Crossing Consolidations and Closures 

Chapter Overview 

In the majority of states, the overall 

authority for highway-rail grade crossing 

safety and the authority to order the 

elimination of highway-rail grade crossings 

is conferred upon the state agency that 

regulates and oversees transportation. 

In a small number of states, the 

responsibility for crossing elimination is 

vested in other regulatory bodies. These 

entities are referred to by various names, 

such as public utilities commission and state 

corporation commission. Some states 

provide for collective responsibility between 

a state agency and a unit of local 

government, while others provide for shared 

responsibility between the state department 

of transportation and another state agency, 

such as the highway department. 

The agency charged with the responsibility 

for elimination (or abolishment, as the 

process may be called) has not changed a 

great deal since the original publication of 

this document. In the few instances where 

the responsible agency has changed, the 

powers and functions of the agency have 

been assumed by another agency. For 

example, the State of Texas has shifted this 

responsibility from the railroad commission 

to its department of transportation. 

This chapter provides an overview of the 

procedures for grade crossing elimination on 

a state-by-state basis. The state or local 

agency with statutory authority to order the 

elimination or consolidation of a grade 

crossing is identified, along with an 

indication of whether the authority is 

exclusive or shared, and the statutory 

responsibility for the costs of replacement or 

consolidation is also listed. The appropriate 

citation(s) is/are noted for each state. 

Alabama (1) 

§ 37-2-84. Abandonment and discontinuance of grade crossings. 

(a) The Department of Transportation is given authority and power to abandon and discontinue 

any portion of a state highway, or street on a state highway route with the approval of the city 

council or governing body of any municipality, crossing the tracks or right-of-way of any 

railroad or street railway within the state, and to close the grade crossing, whenever in the 

judgment of the department the grade crossing has ceased to be necessary for the public as a part 

of any state highway, because of relocation of the highway, or because of the construction of an 

underpass or overpass, or other provision made for the elimination of the grade crossing. 

Whenever the department orders the abandonment of a portion of the highway or street and the 

closing of a grade crossing, it shall enter its order providing therefor in the department minutes. 

Notice in writing of the abandonment and discontinuance of the portion of the highway or street 

and the closing of the grade crossing shall be given by the department by posting a notice on 

each side of the railroad or street railway at the grade crossing for a period of 30 days. 

Thereafter, the railroad or street railway shall not be required to maintain the grade crossing for 

use as a public highway or street. 

(b) Notwithstanding any other provision of law, the Department of Transportation may abandon, 

close, and discontinue a portion of a municipal or county highway, street, or right-of-way 

crossing the tracks or right-of-way of any railroad within the state whenever in the judgment of 

the department the grade crossing is dangerous or redundant or the enhancement of public safety 
2 

resulting from the closing outweighs any inconvenience caused by rerouting the vehicular traffic. 

In the event the closing is deemed by the department to cause substantial inconvenience to 

vehicular traffic or materially impair the provision of police, fire, or ambulance service, the 

department may also order a relocation of the crossing or the building of an alternate crossing at 

another location. If the department orders the relocation of the crossing or the building of an 

alternate crossing, the crossing shall be built at no costs to the municipality or county unless the 

municipality or county enters into an agreement to share in the costs of the relocation of the 

crossing or the building of an alternate crossing. 

(c) Prior to issuing the order to close a crossing, the Department of Transportation shall give 

written notice of intention to close the crossing to the municipality or county in the event it is a 

municipal or county road or street. In addition, the department shall publish legal notice of 

intention to close the crossing in a newspaper of general circulation in the county once a week 

for three consecutive weeks prior to issuance of the order of closure. The notice shall state the 

procedure to request a hearing prior to the closure. Any citizen who uses a crossing or who owns 

property abutting a crossing or the county or municipality may give a notice in writing to the 

Department of Transportation requesting a hearing prior to the closing. Upon request for a 

hearing, the department shall conduct a public hearing in the municipality or county in which the 

crossing is located by giving at least 10 days' notice to the person or persons requesting the 

hearing and to the municipality or county in which the crossing is located. At the public hearing, 

a department official designated by the Director of Transportation shall hear all persons 

interested and shall receive any written statements from interested persons. The official 

conducting the hearings shall file a written report with the director together with all written 

statements filed by persons attending the hearing and shall make a written recommendation to 

the director concerning the proposed closing. After consideration of the report, the 

recommendation and the statements submitted therewith, the director shall enter an order closing 

the crossing or requiring the crossing to remain open or requiring the crossing to be relocated 

within the judgment of the director. The order of the director shall be final. 

(d) Upon the issuance of the order by the Director of Transportation, it is the responsibility of the 

railroad or railroads involved to physically remove the crossing from the tracks and it is the 

responsibility of the municipality or county where the crossing is located to install any signs or 

barricades which might be appropriate. The costs of any signs or barricades shall be shared 

equally by the Department of Transportation and the city or county where the crossing is located. 

(e) Whenever a railroad crossing or any highway, street, or right-of-way crossing the tracks or 

right-of-way of any railroad is closed, abandoned, or discontinued pursuant to this section, that 

action shall not affect any right-of-way for the lines, structures, equipment, and facilities of any 

utility as defined in Title 37, which cross the tracks or right-of-way of the railroad at the crossing 

or along, over, or through the highway, street, or right-of-way abandoned. 

(f) The provisions of subsections (a) through (d) of this section shall be the exclusive method of 

closing railroad grade crossings located on any public drive, street, road, or highway in this state. 

Ala. Code § 37-2-84 (2021) 

Alaska (0) 

No applicable statute related to this topic 

Arizona (1) 

§ 40-337. Power of commission over railway crossings
3 

B. The commission shall have the exclusive power: 

1. To determine and prescribe the manner, including the particular point of crossing, and the 

terms of installation, operation, maintenance, use and protection of each of the crossings. 

2. To alter or abolish crossings. 

3. To prescribe the terms upon which and the proportions in which the expense of the alteration 

or abolition of the crossing shall be divided between the parties affected or in interest. 

Ariz. Rev. Stat. § 40-337 (West 2021) Excerpt from applicable statute published. 

Arkansas (1) 

§ 23-12-301. Railroad crossings to be under supervision of the State Highway Commission 

The State Highway Commission shall have exclusive power to: 

(1) Determine and prescribe the manner, including the particular point, of crossing and the terms 

of installation, operation, maintenance, apportionment of expenses, use, and protection of each 

crossing of one (1) railroad by another railroad or street railroad by a railroad, so far as 

applicable; 

(2) Alter or abolish any such crossing; and 

(3) Require, where, in its judgment, it would be practical, a separation of grades of any such 

crossing and prescribe the terms upon which the separation shall be made and the proportions in 

which the expense of the alteration or abolition of the crossings or the separation of the grades 

shall be divided between the railroad or street railroad corporations affected or between the 

corporations and the state, county, municipality, or other public authority in interest. 

Ark. Code Ann. § 23-12-301(2021) 

California (2) 

*§ 1202. Powers of commission 

The commission has the exclusive power: 

(a) To determine and prescribe the manner, including the particular point of crossing, and the 

terms of installation, operation, maintenance, use, and protection of each crossing of one railroad 

by another railroad or street railroad, of a street railroad by a railroad, of each crossing of a 

public or publicly used road or highway by a railroad or street railroad, and of a street by a 

railroad or of a railroad by a street. 

(b) To alter, relocate, or abolish by physical closing any crossing set forth in subdivision (a). 

(c) To require, where in its judgment it would be practicable, a separation of grades at any 

crossing established and to prescribe the terms upon which the separation shall be made and the 

proportions in which the expense of the construction, alteration, relocation, or abolition of 

crossings or the separation of grades shall be divided between the railroad or street railroad 

corporations affected or between these corporations and the state, county, city, or other political 

subdivision affected.

Cal. Pub. Util. Code § 1202 (West 2021) Excerpt from applicable statute published. 

§ 1202.3. Crossing involving publicly used road or highway not on publicly maintained 

road system; apportioning expenses for improvements 

Notwithstanding any other provision of this chapter, in any proceeding under Section 1202, in 

the case of a crossing involving a publicly used road or highway not on a publicly maintained 
4 

road system, the commission may apportion expense for improvements to the county in the 

case of unincorporated territory, city or other political subdivision if the commission finds (a) 

that the owner or owners of private property served by such publicly used crossing agree to 

expressly dedicate and improve, and the affected public agency agrees to accept, a right-ofway or roadway over such property for a reasonable distance from such crossing as 

determined by the commission, or (b) that a judicial determination of implied dedication of 

such road or highway over the railroad right-of-way to public use, based on public user in the 

manner and for the time required by law, has taken place. 

If neither of these conditions is found to exist, the commission shall order the crossing 

abolished by physical closing. 

In no event shall a railroad be required to bear costs for the improvement of a publicly used 

crossing in excess of what it would be required to bear in connection with the improvement of a 

public street or highway crossing. 

Cal. Pub. Util. Code § 1202.3 (West 2021) 

Colorado (1) 

*§ 40-4-106. Rules for public safety--crossings--civil fines--allocation of expenses 

(3)(a)(I) The commission also has power upon its own motion or upon complaint and after 

hearing, of which all the parties in interest including the owners of adjacent property shall have 

due notice, to order any crossing constructed at grade or at the same or different levels to be 

relocated, altered, or abolished, according to plans and specifications to be approved and upon 

just and reasonable terms and conditions to be prescribed by the commission, and to prescribe 

the terms upon which the separation should be made and the proportion in which the expense of 

the alteration or abolition of the crossing or the separation of the grade should be divided 

between the railroad corporations affected or between the corporation and the state, county, 

municipality, or public authority in interest. 

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), the affected 

railroad corporation, the commission, the department of transportation, or the local government 

responsible for supervising and maintaining the intersecting public highway or road may abolish 

any crossing at grade of any public highway or road over the tracks of a corporation if: 

(A) The crossing is without gates, signals, alarm bells, or warning personnel and is located 

within one-quarter mile of a crossing with gates, signals, alarm bells, or warning personnel or a 

separated grade crossing; 

(B) The crossing is not the only crossing that provides access to property; 

(C) No less than sixty days prior to the proposed abolition date, the railroad corporation, 

commission, department of transportation, or local government posts conspicuous notice of the 

proposed abolition at the crossing and gives written notice of the proposed abolition to all other 

entities authorized to initiate abolition of the crossing pursuant to this subparagraph (II); and 

(D) Neither any entity given notice nor any other interested party files an objection to the 

abolition pursuant to subparagraph (III) of this paragraph (a). 

(III) A crossing shall not be abolished pursuant to subparagraph (II) of this paragraph (a) if an 

entity given notice pursuant to sub-subparagraph (C) of subparagraph (II) of this paragraph (a) or 

any other interested party, within sixty days of receiving such notice, files with the commission 

and provides to the entity that gave notice of the proposed abolition a written objection to the 

abolition. The written objection shall include a statement by a professional engineer licensed to 

practice in Colorado that indicates that the engineer is familiar with the requirements of 
5 

subparagraph (II) of this paragraph (a) and all relevant aspects of the crossing and has examined 

the crossing and believes that it is safe as designed. However, nothing in this subparagraph (III) 

shall preclude the abolition of the crossing pursuant to subparagraph (I) of this paragraph (a). 

(b)(I)(A) The commission is authorized to approve individual projects wherein the allocation of 

the total expenses of the separation of grades to be paid by the railroad corporation or railroad 

corporations may exceed two million five hundred thousand dollars. The commission may 

approve more than one project, the sum totals of which may exceed the two-million-fivehundred-thousand-dollar cap set forth in this subparagraph (I), but in no event shall an individual 

class I railroad corporation pay more than two million five hundred thousand dollars of the cost 

of a single project or the cost of more than one project in any calendar year. Nothing in this 

subparagraph (I) shall preclude any railroad corporation from voluntarily contributing more than 

its allotted share for grade separation construction in one year, and, in such event, all amounts 

contributed by such railroad exceeding its allotted share in any one year shall be credited to and 

shall serve to reduce any payment for grade separation construction expenses by that railroad in 

subsequent years. 

(B) Repealed by Laws 1993, S.B.93-18, § 15, eff. July 1, 1993. 

(II) If the cost of a project is such that it calls for payment by a railroad corporation in more than 

one calendar year or if the amount due from the railroad corporation exceeds two million five 

hundred thousand dollars and thus must be made in consecutive calendar years, nothing in this 

section shall be construed to require that the approved project must be subjected to reapplication 

or rereview by the commission. 

(III) In determining how much of the total expense of the separation of grades shall be paid by 

the railroad corporation or railroad corporations and by the state, county, municipality, or public 

authority in interest, consideration shall be given to the benefits, if any, which accrue from the 

grade separation project and the responsibility for need, if any, for such project. The railroad 

corporation or railroad corporations and the state, county, municipality, or public authority in 

interest shall share the costs for that portion of the project which separates the grades and 

constructs the approaches thereto. The commission shall consider the costs of obtaining rightsof-way, the costs of construction, and the costs of engineering. To the extent that the 

requirements of the railroad corporation or railroad corporations and the state, county, 

municipality, or public authority in interest generate additional costs beyond that necessary to 

provide the grade separation, such costs shall be borne by the responsible entity. 

(IV) This paragraph (b) shall not apply to any project for the elimination of hazards at any 

railway-highway crossing when all or any part of the cost of such project will be paid from 

moneys made available for expenditure under title 23, U.S.C.; except that any amount paid by a 

railroad corporation for such an exempt project shall be credited against the two-million-fivehundred-thousand-dollar cap set forth in subparagraph (I) of this paragraph (b). 

(c)(I) The state, county, municipality, or public authority, at its discretion, may withdraw its 

request for allocation determination at any time prior to the issue of the final order of the 

commission. 

(II) The state, county, municipality, or public authority, at its discretion, after the hearing and 

prior to final order of the commission, may make a motion for a declaratory ruling on the cost 

allocation. In response to such a request, the commission shall make a declaratory ruling and 

shall provide the movant reasonable time to withdraw the request for allocation determination. 
6 

(III) After the final order is issued, the project shall proceed, unless the commission revises the 

order after consideration of a request for change by the state, county, municipality, or public 

authority in interest. 

(d) The commission shall not order the abolition of any crossing for which a grade separation is 

determined to be necessary until this separation is constructed. 

Colo. Rev. Stat. 40-4-106 (West 2021) Excerpt from applicable statute published. 

Connecticut (7) 

§ 13b-270. Removal of grade crossings. 

The selectmen of any town, the mayor and common council of any city or the warden and 

burgesses of any borough, within which a highway crosses or is crossed by a railroad, or the 

directors of any railroad company whose road crosses or is crossed by a highway, may bring 

their petition in writing to the Commissioner of Transportation, alleging that public safety 

requires an alteration in such crossing, its approaches, the method of crossing, the location of the 

highway or crossing, the closing of a highway crossing and the substitution of another therefor, 

not at grade, or the removal of obstructions to the sight at such crossing, and praying that the 

same may be ordered. Thereupon said commissioner shall appoint a time and place for hearing 

the petition, and shall give such notice thereof to such petitioners, the company, the municipality 

or municipalities in which such crossing is situated and the owners of the land adjoining such 

crossing and adjoining that part of the highway to be changed in grade, as said commissioner 

judges reasonable; and, after such notice and hearing, said commissioner shall determine what 

alterations or removals, if any, shall be made and by whom made. If such petition is brought by 

the directors of a railroad company or on behalf of any such company, said commissioner shall 

order the expense of such alterations or removals, including the damages to any person whose 

land is taken and the special damages which the owner of any land adjoining the public highway 

sustains by reason of any such change in the grade of such highway, to be paid by the company 

owning or operating the railroad in whose behalf the petition is brought; and, if such petition is 

brought by the selectmen of any town, the mayor and common council of any city or the warden 

and burgesses of any borough, said commissioner may, if the highway affected by such 

determination was in existence when the railroad was constructed over it at grade or if the layout 

of the highway was changed for the benefit of the railroad after the layout of the railroad, order 

an amount not exceeding one-quarter of the whole expense of such alteration or removal, 

including the damages, to be paid by the town, city or borough in whose behalf the petition is 

brought, and the remainder of the expense shall be paid by the company owning or operating the 

road which crosses such public highway. If the highway affected by such last-mentioned order 

has been constructed since the railroad which it crosses at grade, said commissioner may order 

an amount not exceeding one-half of the whole expense of such alteration or removal, including 

the damages, to be paid by the town, city or borough in whose behalf the application is brought, 

and the remainder of the expense shall be paid by the company owning or operating the road 

which crosses such public highway. Railroad companies may take land for the purpose of this 

section.

Conn. Gen. Stat. Ann. § 13b-270 (West 2021) 

§ 13b-273. Elimination of grade crossings by removing railroad 
7 

Any railroad company may bring its petition in writing to the Commissioner of Transportation, 

alleging that public safety requires the elimination of the crossing of its railroad at grade by a 

highway or highways through the removal of such line of railroad between any two contiguous 

stations or any two points between which there is no station so as to coincide with some other 

line of railroad owned and operated by such company between the same two points or stations, 

and praying that the same may be ordered; whereupon the commissioner shall appoint a time and 

place for hearing the petition and shall give such notice thereof as he judges reasonable to such 

company and the municipalities in which such crossing and such two points or stations are 

situated. If, upon such hearing, it appears to the commissioner that proper and adequate service 

will be afforded to the public in the transportation of passengers and freight within the towns in 

which such line of railroad to be moved is located, he shall order the removal, and such railroad 

company shall thereupon have the right to remove its line of railroad to such other line and to 

abandon such portion of its railroad as may be removed to such other line and its franchise 

thereto. 

Conn. Gen. Stat. Ann. § 13b-273 (West 2021) 

§ 13b-274. Commissioner of Transportation may order removal of crossings. Land to be 

taken limited 

The Commissioner of Transportation may, in the absence of any application therefor, when in 

the commissioner's opinion public safety requires an alteration in any highway crossed at grade 

by a railroad or by railroads belonging to or operated by more than one company, after a hearing 

had upon such notice as the commissioner deems reasonable to the company or companies 

owning or operating such railroad or railroads and to the selectmen of the town, mayor of the city 

or warden of the borough within which such highway is situated and to the owners of the land 

adjoining such crossing, order such alterations in such highway as the commissioner deems best, 

and shall determine and direct by whom such alterations shall be made, at whose expense and 

within what time; provided, in all cases arising under this section, one-fourth of the expense, 

including damages and special damages as aforesaid, shall be paid by the state and the remainder 

shall be assessed upon the railroad company or companies benefited by such order; and provided 

such alterations as are thus made at the primary instance of the commissioner shall not be 

ordered so as to direct the construction of more than one bridge in any one year on any one 

railroad. Railroad companies may take land for the purpose of this section. No land shall be 

taken by any railroad company for the purpose mentioned in this section, except such as the 

commissioner finds to be necessary for such purpose; but no such taking need be based upon any 

special finding that public necessity and convenience require such taking. 

Conn. Gen. Stat. Ann. § 13b-274 (West 2021) 

*§ 13b-276. Elimination of dangerous condition 

The Commissioner of Transportation, if he finds that a dangerous condition exists at such 

crossing, except a dangerous condition arising out of improper or inadequate maintenance, shall 

issue such order to such municipality or to any such public service company directing the 

removal, change or relocation of such crossing, highway, tracks, pipes, wires, poles or other 

fixtures or tree or building or other structure, as may be necessary to eliminate such dangerous 

condition; and shall apportion the cost thereof among such public service company or 

companies, such municipality and the state, and shall determine the conditions and the time and 

manner of the payment of such apportionments, provided the portion of the cost to be paid by 
8 

such public service company in the elimination of any such dangerous conditions on state 

maintained highways shall not exceed ten per cent. The party or parties ordered by said 

commissioner to perform the work necessary to remove such dangerous condition shall serve 

written notice, at least thirty days prior to the approximate date of the commencement of such 

work, upon all other parties in interest, including any public service company whose plant is 

involved or affected by such work, and any such public service company shall provide such 

means as may be necessary for the continued use of such plant in such manner as to best serve 

the interests and convenience of the public. 

Conn. Gen. Stat. Ann. § 13b-276 (West 2021) 

§ 13b-278. Not to affect other provisions concerning removal of grade crossings 

The provisions of sections 13b-275, 13b-276 and 13b-277 shall not be construed to affect the 

provisions of any other statute concerning the removal of grade crossings. 

Conn. Gen. Stat. Ann. § 13b-278 (West 2021) 

§ 13b-279. Highway crossed by more than one railroad 

When the Commissioner of Transportation, upon an application brought under the provisions of 

section 13b-270, finds that any highway crosses or is crossed by the tracks of more than one 

railroad, and the tracks of such railroads are so near together that public convenience requires the 

work of separating the grades to be done under and in compliance with one order, he shall give 

notice to all the companies operating such railroads to appear before him and be heard upon the 

application. After such notice and hearing, said commissioner shall determine what alterations 

shall be made, if any, so as to separate the grades of all of such crossings at the same time and 

shall determine by whom such work shall be done, and he shall apportion the expense to be 

borne by the railroad companies among such companies in such manner as he deems equitable. 

Conn. Gen. Stat. Ann. § 13b-279 (West 2021) 

§ 13b-282. Change in location of highways crossed by a railroad 

When any highway passes over or under a railroad, if the convenience and necessity of the 

public require a change in such highway, the town, city or borough in which such highway is 

located may bring a petition to the Commissioner of Transportation in the manner prescribed in 

section 13b-270, and, after the notice prescribed by said section, said commissioner shall proceed 

to a hearing on such matter and may make such order as the commissioner deems necessary for 

the convenience and necessity of the public or the safe and suitable operation of the railroad. For 

the purposes of this section, said commissioner shall have and exercise all powers of said 

commissioner concerning the removal of grade crossings, and land may be taken. The party upon 

whom is imposed, by such order, the duty of making such changes in such highway may use the 

material and abutments of any existing bridge in the old highway in the construction of a bridge 

in the substituted or changed highway. The expense of any changes ordered as hereinbefore 

provided shall be apportioned, among the railroad company and the town, city or borough 

interested therein, in such manner as the commissioner deems equitable; but in no case shall an 

amount in excess of one-half of the expense of such alteration, including land damages or special 

damages, be assessed upon any such town, city or borough. 

Conn. Gen. Stat. Ann. § 13b-282 (West 2021) 
9 

Delaware (1) 

§ 1804. Railroad crossings; construction and protection 

(a) No public carrier engaged in the transportation of passengers or property shall, without prior 

order of the Department, construct its facilities across the facilities of any other such public 

utility or across any public highway at grade or above or below grade, or at the same or different 

levels; and, without like order, no such crossing heretofore or hereafter constructed shall be 

altered, relocated or abolished. 

(b) The Department is hereby vested with exclusive power to determine and prescribe, by 

regulation or order, the points at which, and the manner in which, such crossing may be 

constructed, altered, relocated or abolished, and the manner and conditions, including protective 

devices, in or under which such crossings shall be maintained, operated and protected to 

effectuate the prevention of accidents and the promotion of the safety of the public. 

(c) Upon its own motion or upon complaint, the Department shall have exclusive power after 

hearing upon notices to all parties in interest, including the owners of adjacent property, to order 

any such crossing heretofore or hereafter constructed to be relocated or altered, or to be 

abolished upon such reasonable terms and conditions as shall be prescribed by the Department. 

The Department may order the work of construction, relocation, alteration, protection or 

abolition of any crossing aforesaid to be performed in whole or in part by any public carrier or 

municipal corporation or county concerned or by the Department, or, in the case of any crossing 

on private land, by the owner thereof; provided, however, that when the Department or other 

governmental authority maintaining any public highway determines to use federal aid moneys in 

the construction, relocation, alteration, protection or abolition of any crossing aforesaid, then the 

Department shall take this into account in allocating costs. 

Del. Code Ann. tit. 2, § 1804 (West 2021) Excerpt from applicable statute published. 

District of Columbia (3) 

§ 9-107.04. Grade crossing elimination projects. 

The Mayor of the District of Columbia is authorized to construct grade crossing elimination and 

other wholly District construction projects or those authorized under § 8 of the Act of June 16, 

1936 (49 Stat. 1521), and § 1(b) of the Federal Aid Highway Act of 1938, in accordance with the 

provisions of such acts. Pursuant to this authority, the Mayor may make payment to contractors 

and payment for other expenses in connection with the costs of surveys, design, construction, 

and inspection pending reimbursement to the District of Columbia by the Federal Highway 

Administration, Department of Transportation, or other parties participating in such projects. 

D.C. Code Ann. § 9-107.04 (West 2021) 

§ 9-1201.14. Streets to be under or over railroad tracks. 

(a) Any and all streets or highways within the District of Columbia now or hereafter planned or 

projected to cross any line of railroad, other than a street railway, in the District of Columbia, 

which may be hereafter opened to public use, shall be located, constructed, and maintained either 

beneath such railroad by a suitable subway, or above the same by a suitable viaduct bridge at 

such altitude as will not interfere with the free and safe operation thereof; provided, however, 

that nothing herein contained shall require the location, construction, or maintenance of any such 

street or highway under or above any spur, industrial, switching or sidetrack, or branch line of 
10 

any railroad unless the Mayor of the District of Columbia shall find the same is necessary in the 

public safety. 

(b) The cost and expense of any project for opening any such street or highway within the limits 

of such railroad company's right-of-way, including the cost of constructing the portion of any 

viaduct bridge, within said limits, shall be borne and paid as follows: 

(1) The District of Columbia shall apply to the payment of such cost and expense all federal-aid 

highway-railway grade separation funds available for use by the District of Columbia at the time 

any such project is programmed and all such funds which become available for use on such 

projects by the District of Columbia during the construction of such project; 

(2) If such federal-aid highway-railway grade separation funds are insufficient to pay the cost 

and expense of any such project, the portion not so covered shall be paid one-half by the railroad 

company, its successors and assigns, whose tracks are crossed and one-half by the District of 

Columbia; provided, that in no case shall the obligation of the railroad company affected exceed 

10 per centum of the total cost and expense of such project; 

(3) After construction, the cost of maintenance shall be wholly borne and paid in the case of 

highway overpasses by the District of Columbia, and in the case of highway underpasses by the 

railroad company, its successors and assigns, whose tracks are crossed; and 

(4) The portions of such streets planned or projected as above which lie within a right-of-way 

belonging to such railroad company shall be dedicated by such company as a public thoroughfare 

when the portions of such street adjoining such right-of-way have been similarly dedicated or 

otherwise acquired. 

D.C. Code Ann. § 9-1201.14 (West 2021) 

§ 9-1201.15 Subways and viaducts to eliminate grade crossings authorized. 

(a) The Mayor of the District of Columbia be, and he is hereby, authorized and directed to 

construct viaducts and approaches thereto, to carry Fern and Varnum Streets over the tracks and 

right-of-way of the Baltimore and Ohio Railroad Company and to construct a viaduct and 

approaches thereto to carry Eastern Avenue over the tracks and rights-of-way of The 

Philadelphia, Baltimore, and Washington Railroad Company and the Baltimore and Ohio 

Railroad Company, in accordance with plans and profiles of said works to be approved by the 

said Mayor; provided, that one-half of the total cost of constructing the viaduct and approaches 

thereto at Varnum Street and one-half of the total cost of constructing the viaduct and approaches 

thereto at Fern Street shall be borne and paid by the said Baltimore and Ohio Railroad Company, 

its successors and assigns, and that one-half of the total cost of constructing the viaduct and 

approaches thereto at Eastern Avenue shall be borne and paid by the said Philadelphia, Baltimore 

and Washington Railroad Company and the said Baltimore and Ohio Railroad Company, their 

successors and assigns, in proportion to the widths of their respective land holdings, to the 

Collector of Taxes of the District of Columbia for deposit to the credit of the District of 

Columbia, and the said half cost shall be valid and subsisting liens against the franchises and 

property of the railroad companies concerned and shall constitute a legal indebtedness against 

the said railroad companies in favor of the District of Columbia, and said liens may be enforced 

in the name of the District of Columbia by a bill in equity brought by the said Mayor in the 

Superior Court of the District of Columbia, or by any other legal proceeding against the said 

railroad companies; provided, that no street railway company shall use the said viaduct or any 

approaches thereto herein authorized for its tracks until said companies shall have paid to the 

Collector of Taxes of the District of Columbia, a sum equal to one-fourth of the total cost of 
11 

constructing said viaducts and approaches, to be applied to the credit of the District of Columbia. 

No limitation shall run against claims made by the District of Columbia under the provisions of 

this section. 

(b) For the purpose of carrying into effect the provisions of this section, the sum of $405,000 is 

hereby authorized to be appropriated, payable in like manner as other appropriations, for the 

expenses of the government of the District of Columbia, and the said Mayor is authorized to 

expend such sum or sums as may be necessary for personal services, engineering, and incidental 

expenses. The said Mayor is further authorized to acquire, out of the appropriation herein 

authorized, the necessary land, or any portion of the same, by purchase at such price or prices as 

in his judgment he may deem reasonable and fair, or, in his discretion, by condemnation in 

accordance with the provisions of §§ 9-1217.12 to 9-1217.24, under a proceeding or proceedings 

in rem instituted in the Superior Court of the District of Columbia; provided, that of the entire 

amount found to be due and awarded by the jury as damages for, and in respect of, the land to be 

condemned to carry the provisions of this section into effect, plus the costs and expenses of the 

proceeding or proceedings taken pursuant hereto, not less than one-half thereof shall be assessed 

by the jury as benefits, the amounts collected as benefits to be covered into the Treasury of the 

United States to the credit of the District of Columbia. 

(c) Hereafter, the Mayor of the District of Columbia is authorized, whenever in his judgment it 

may be necessary for the public safety, and subject to appropriations to be made therefor by 

Congress, to construct subways or viaducts and approaches thereto, in accordance with plans and 

profiles of said works to be approved by him, to carry any street or highway crossing at grade 

any line of railroad track or tracks in the District of Columbia, or any street or highway within 

the District of Columbia now or hereafter planned or projected to cross any such line of railroad, 

under or over said track or tracks; provided, that the total cost of constructing any project for 

such viaduct or subway and approaches thereto shall be borne and paid as follows: 

(1) The District of Columbia shall apply to the payment of the cost of such project all federal-aid 

highway-railway grade separation funds available for use by the District of Columbia at the time 

any such project is programmed and all such funds which become available for use on such 

project by the District of Columbia during the construction of such projects; and 

(2) If such federal-aid highway-railway grade separation funds are insufficient to pay the cost of 

any such project, the portion not so covered shall be paid one-half by the railroad company, its 

successors and assigns, whose tracks are crossed and one-half by the District of Columbia; 

provided further, that in no case shall the obligation of the railroad company affected exceed 10 

per centum of the total cost of such project; provided further, that in the event the rights-of-way 

of 2 or more railroad companies are so crossed said half cost as herein provided shall be paid by 

the said railroad companies, their successors and assigns, in proportion to the widths of their 

respective landholdings, but the obligations of such companies shall not, in the aggregate, exceed 

10 per centum of the cost of such project; provided further, that after construction the cost of 

maintenance shall be wholly borne and paid in the case of highway overpasses by the District of 

Columbia, and in the case of highway underpasses by the railroad company, its successors and 

assigns, whose tracks are crossed; provided further, that in the event the rights-of-way of 2 or 

more railroad companies are so crossed, the cost of maintenance shall be borne and paid in the 

case of highway underpasses by the said railroad companies, their successors and assigns, in 

proportion to the widths of their respective landholdings. All provisions in respect to the method 

of payment and credit of said half cost, creation of a lien in respect thereto and enforcement 

thereof, conditions of use thereof by street railway companies, and every other kind of condition 
12 

provided in subsection (a) of this section, and the authorization and every condition in respect 

thereto for the acquisition of any necessary land provided in subsection (b) of this section, in 

relation to the viaducts and their approaches therein authorized, are hereby made applicable to 

the subways, viaducts, and approaches authorized in this section the same as if enacted at length 

herein. 

D.C. Code Ann. § 9-1201.15 (West 2021) 

Florida (2) 

*§ 125.01. Powers and duties 

(1) The legislative and governing body of a county shall have the power to carry on county 

government. To the extent not inconsistent with general or special law, this power includes, but 

is not restricted to, the power to: 

(m) Provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; 

eliminate grade crossings; regulate the placement of signs, lights, and other structures within the 

right-of-way limits of the county road system; provide and regulate parking facilities; and 

develop and enforce plans for the control of traffic and parking. Revenues derived from the 

operation of toll roads, bridges, tunnels, and related facilities may, after provision has been made 

for the payment of operation and maintenance expenses of such toll facilities and any debt 

service on indebtedness incurred with respect thereto, be utilized for the payment of costs related 

to any other transportation facilities within the county, including the purchase of rights-of-way; 

the construction, reconstruction, operation, maintenance, and repair of such transportation 

facilities; and the payment of indebtedness incurred with respect to such transportation facilities. 

Fla. Stat. Ann. § 125.01 (West 2021) Excerpt from applicable statute published. 

§ 335.141. Regulation of public railroad-highway grade crossings; reduction of hazards 

(1)(a) The department shall have regulatory authority over all public railroad-highway grade 

crossings in the state, including the authority to issue permits which shall be required prior to the 

opening and closing of such crossings. 

(b) A “public railroad-highway grade crossing” is a location at which a railroad track is crossed 

at grade by a public road. 

(2)(a) The department, in cooperation with the several railroad companies operating in the state, 

shall develop and adopt a program for the expenditure of funds available for the construction of 

projects for the reduction of the hazards at public railroad-highway grade crossings. The 

department and the railroad companies are not liable for any action or omission in the 

development of such program or for the priority given to any crossing improvement. 

(b) Every railroad company maintaining a public railroad-highway grade crossing shall, upon 

reasonable notice from the department, install, maintain, and operate at such crossing traffic 

control devices to provide motorists with warning of the approach of trains. The department shall 

base its notice on its adopted program for the reduction of hazards at such crossings and on 

construction efficiency considerations relating to the geographical proximity of crossings 

included in such program. The design of the traffic control devices must be approved by the 

department, and the cost of their purchase and installation must be paid from the funds described 

in paragraph (a). 

Fla. Stat. Ann. § 335.141 (West 2021) Excerpt from applicable statute published. 
13 

Georgia (5) 

§ 32-6-193. Authority of department, counties, and municipalities to eliminate grade 

crossings 

When it is reasonably necessary in the interest of public safety, the department, in respect to the 

state highway system, a county, in respect to its county road system, or a municipality, in respect 

to its municipal street system, may authorize and direct the elimination of a grade crossing by 

construction of an underpass or overpass or by physical removal of the grade crossing and 

barricading or removing the approaches thereto without construction of an underpass or 

overpass, provided that any grade crossing elimination shall be in accordance with this part and 

that no grade crossing on a county road system or municipal street system shall be eliminated by 

construction of an underpass or overpass upon order of the county or municipality until and 

unless the department shall approve the plans and specifications of the proposed construction. No 

grade crossing on a public road shall be permanently closed except by elimination in accordance 

with this part.

Ga. Code Ann. § 32-6-193 (West 2021) 

§ 32-6-193.1. Procedure for elimination of grade crossings by removal and barricading 

(a) The department shall by rule or regulation prescribe uniform criteria for its own use and that 

of local governing authorities in assessing whether elimination of a grade crossing on a public 

road by physical removal of the grade crossing and barricading or removing the approaches 

thereto without construction of an underpass or overpass is reasonably necessary in the interest 

of public safety. For purposes of this Code section, “reasonably necessary in the interest of 

public safety” means that the enhancement of public safety resulting from such elimination of the 

grade crossing will outweigh any inconvenience to the reasonable passage of public traffic, 

specifically including without limitation emergency vehicle traffic, caused by such rerouting of 

traffic. Such criteria shall include consideration of each of the following factors: 

(1) Number and timetable speeds of passenger trains operated through the crossing; 

(2) Number and timetable speeds of freight trains operated through the crossing; 

(3) Distance to alternate crossings; 

(4) Accident history of the crossing for the immediately preceding five-year period; 

(5) Type of warning device present at the crossing, if any; 

(6) The alignments, horizontal and vertical, of the roadway and the railroad and the angle of the 

intersection of those alignments; 

(7) The average daily traffic volume in proportion to the population of the municipality if the 

crossing is located within a municipality or the population of the county if the crossing is located 

within an unincorporated area of a county; 

(8) The posted speed limit over the crossing; 

(9) The effect of closing the crossing upon access by persons utilizing: 

(A) Hospital or medical facilities and public health departments, specifically including without 

limitation utilization by medical personnel; 

(B) Facilities of federal, state, or local government, specifically including without limitation 

court, postal, library, sanitation, and park facilities; and 

(C) Commercial, industrial, and other areas of public commerce; 

(10) Any use of the crossing by: 

(A) Trucks carrying hazardous material; 

(B) Vehicles carrying passengers for hire; 
14 

(C) School buses; 

(D) Emergency vehicles; or 

(E) Public or private utility vehicles, specifically including without limitation water, sewer, 

natural gas, and electric utility maintenance and repair vehicles; and 

(11) Any other relevant factors as prescribed by the department. 

(b)(1) Any railroad may file a written petition requesting an order to eliminate a grade crossing 

on a public road by physical removal of the grade crossing and barricading or removing the 

approaches thereto without construction of an underpass or overpass. Any such petition shall be 

filed by certified mail or statutory overnight delivery, return receipt requested, with the 

department in respect to the state highway system, a county governing authority in respect to its 

county road system, or a municipal governing authority in respect to its municipal street system. 

(2) Any petition by a railroad under this subsection shall include without limitation information 

as to each of the factors set forth in paragraphs (1) through (5) of subsection (a) of this Code 

section. 

(3) The department or the local governing authority, whichever is applicable, shall conduct a 

public hearing on the matter prior to deciding whether to grant or deny such a petition. 

(4)(A) No railroad shall have a duty to file a petition for elimination of a grade crossing as 

authorized by this subsection. 

(B) Neither the failure of a railroad to file such a petition nor any decision by the department or 

any local governing authority regarding such a petition shall give rise to a cause of action against 

the railroad, the department, or a local governing authority by a person for injuries or damages 

arising from the existence or use of such crossing. 

(c)(1) If the department in respect to the state highway system, a county governing authority in 

respect to its county road system, or a municipal governing authority in respect to its municipal 

street system determines that elimination of a grade crossing in accordance with this Code 

section is reasonably necessary in the interest of public safety, the department or the local 

governing authority may issue an order to eliminate the crossing. Such order shall be in writing, 

and a copy shall be served upon the railroad. If a local governing authority issues such an order, 

it shall make a record of its findings and transmit a copy of the same along with the order to the 

department. 

(2) If the department in respect to the state highway system, a county governing authority in 

respect to its county road system, or a municipal governing authority in respect to its municipal 

street system determines that elimination of a grade crossing in accordance with this Code 

section is not reasonably necessary in the interest of public safety, the department or the local 

governing authority may issue an order denying a petition to eliminate the crossing. Such order 

shall be in writing, and a copy shall be served upon the railroad. If a local governing authority 

denies a petition, it shall make a written record of its findings and transmit a copy of the same 

along with the order and petition to the department. 

(3)(A) Any railroad aggrieved by an order of a local governing authority under this subsection 

may make a written request to the department for review of such order. Such request shall be 

accompanied by a $500.00 filing fee. The department shall within 60 days after the filing of such 

request review the matter. 

(B) Upon review of the order and findings of the local governing authority and any filings by the 

railroad, if the department determines that elimination of a grade crossing in accordance with this 

Code section is not reasonably necessary in the interest of public safety, the department shall 

order that the crossing shall remain open. 
15 

(C) Upon review of the order and findings of the local governing authority and any filings by the 

railroad, if the department determines that elimination of a grade crossing in accordance with this 

Code section is reasonably necessary in the interest of public safety, the department shall issue 

an order to eliminate the crossing. 

(D) Any such order of the department shall be in writing, and a copy of the order shall be served 

upon the railroad and the local governing authority. As part of such order, the department shall 

assess all its costs of investigating and reviewing the matter against the railroad if an order for 

the crossing to remain open is issued or against the county or municipality if an order to 

eliminate the crossing is issued, and the party so assessed shall be liable therefor to the 

department; provided, however, that any filing fee paid to the department by a railroad shall be 

applied to any such amount assessed against the railroad, and the balance of such filing fee, if 

any, shall be refunded to the railroad. The department shall keep detailed records of its costs of 

investigation and review for purposes of this subparagraph, and such records shall be subject to 

public inspection as provided by Article 4 of Chapter 18 of Title 50. 

(d) If an order to close a grade crossing is issued, the railroad shall at its expense physically 

remove the crossing from the tracks and for two feet beyond the ends of the crossties on each 

side and extending four feet beyond the traveled way or flush with the edge of a paved shoulder, 

whichever is greater, of such crossing and erect a department approved barricade; and the 

department in respect to the state highway system, the county in respect to its county road 

system, or the municipality in respect to its municipal street system may at its expense remove 

approaches to the crossing. The provisions of Code Section 32-6-195 for division of costs of 

elimination of a grade crossing by construction of an underpass or overpass shall not apply to 

elimination of any grade crossing under this Code section. 

Ga. Code Ann. § 32-6-193.1 (West 2021) 

*§ 32-6-194. Procedure for grade crossing elimination 

(a) Whenever the department, a county, or a municipality shall decide to eliminate any grade 

crossing on its respective public road system by means of an underpass or overpass, prompt 

notice of such decision shall be given to the railroad or railroads involved; and within 30 days 

thereafter the representatives of the department, the county, or the municipality and of the 

railroads involved shall meet and, within 90 days, agree to a plan and specifications for the 

construction of a grade separation structure. Any such agreement between a county or 

municipality and a railroad shall be submitted to the department for its approval; and work 

leading to the elimination of the grade crossing pursuant to the agreement shall not commence 

until and unless the department approves the same. The department, county, or municipality, by 

agreement with the railroad or railroads involved, may apportion the work to be done in the 

construction of such grade separation structure between the railroad or railroads and the 

department or the county or the municipality. 

(b) If agreement is not reached within 90 days, the department, county, or municipality may 

proceed with construction of a grade separation structure or may by written order direct the 

railroad or railroads involved to proceed with the construction of a grade separation structure 

according to the plan and specifications accompanying such order, provided that no work shall 

be begun on any grade separation structure on a county or municipal public road system until and 

unless the department approves the plan and specifications of such structure. It shall be the duty 

of said railroad to begin work on any such grade separation structure within four months after 

receipt of an order to that effect and to complete that structure within a reasonable time, provided 
16 

that the railroad shall not be required to do the actual physical work of providing approaches by 

fill to an overpass or the excavating beneath an underpass or the approaches thereto, although the 

cost of such work shall be considered as part of the costs of the grade crossing elimination, 

whether actually performed by the railroad, the department, the county, or the municipality; and 

such costs shall be apportioned as provided in Code Section 32-6-195. If the railroad does not 

begin work within four months after receipt of an order to that effect, the department, county, or 

municipality may proceed with the construction of the proposed grade separation structure. If the 

railroad begins work within four months after receipt of an order to that effect but thereafter fails 

to complete such work within a reasonable time, the department, county, or municipality may 

proceed to complete the unfinished work. 

(c) In any case where the construction of all or part of a grade separation structure is done by the 

department, a county, or a municipality, a statement of any railroad's share of the costs of the 

project, as determined pursuant to Code Section 32-6-195, plus 8 percent per annum interest on 

each expenditure of the cost of such project shall be submitted to the railroad upon completion of 

the project. In the event that the railroad does not make payment or arrange to make payment to 

the department, county, or municipality within 60 days of receipt of the statement, the 

department shall certify the amount for collection to the Attorney General; or, in the case of a 

project on a county or municipal public road system, the county or municipality shall take 

appropriate action for the collection of the amount thereof. In the event said share is not paid 

within the time specified in this Code section, said share or any unpaid portion thereof shall bear 

interest at a rate of 8 percent per annum from the date due. 

(d) The department, a county, or a municipality shall not construct or require any railroad to 

construct an underpass of a plan, specification, or design, the strength of which, in the judgment 

of the railroad, shall not be sufficient to meet the requirements of its traffic thereover. In a plan 

providing for an overpass or underpass, the department, a county, or a municipality shall not 

interfere with or change the grade or alignment of the track or tracks of any railroad or relocate 

the line of the railroad without its consent. 

Ga. Code Ann. § 32-6-194 (West 2021) 

*§ 32-6-195. Division of costs of grade crossing elimination project 

(a) The costs of the grade crossing elimination project in which the railroad or railroads shall be 

required to share shall include the costs of surveys, preparation of plans and specifications, the 

securing of estimates or bids, if any, and the total cost of construction of the grade separation 

structures involved, including the establishment of drainage and any excavation and other 

expenses involved in constructing public roadways or railroad lines under any grade separation 

structure. However, the railroad or railroads shall not be required to participate in the cost of any 

construction outside the limits of grade or alignment change required for the public road to go 

over or under the track or tracks of the railroad or railroads nor in any costs apportionable to 

purposes other than the elimination of the grade crossing. Where additional lanes are added to 

the public road, the railroad's share of the cost, if any, shall be based on the cost of a grade 

elimination project having the same number of lanes as the public road prior to the construction 

of said grade elimination project. 

(b)(1) The costs of the project shall be shared by the parties involved in such manner as may be 

agreed upon by the railroad or railroads involved and the department, county, or municipality. 

Such agreement shall have precedence over any existing agreement on the same subject matter 

and shall give consideration to the following factors: the benefits accruing to the railroad or 
17 

railroads and to the public, respectively, from the elimination of the grade crossing; the 

circumstances under which the grade crossing was created; any preexisting rights of the railroad 

or railroads as result of being first in position; comparison of the degree of danger caused by the 

railroad or railroads and by quantity and character of traffic upon the public road; and what is 

generally, under comparable circumstances, considered to be reasonable, provided that in no 

event shall the railroad be required to pay more than 50 percent of the cost of a grade crossing 

elimination project on a county road system or on a municipal street system. In the event 

agreement cannot be reached, the determination of what portion of the costs shall be the fair and 

reasonable share of the railroads involved shall be made by the department after reasonable 

opportunity for hearing to all parties concerned. In making such determination, the department 

shall give due regard to the considerations heretofore enumerated. The agreed value or, in the 

absence of agreement, the independently appraised value of the fee or any lesser interest in the 

right of way of the railroad used for such project shall be determined and such value credited to 

the railroad as a part of its participation in the cost of the project, provided that nothing in this 

Code section shall prevent the department, county, or municipality from exercising its rights of 

eminent domain as now or hereafter provided by law. 

(2) As used in this subsection, the term “costs of the project” means:

(A) In the case of a project for part of a county road or municipal street system, the total costs of 

such project less the sum of any funds for such project furnished by the federal and state 

governments; and 

(B) In the case of a project for part of the state highway system, the total costs of such project 

less any funds furnished by the federal government. 

Ga. Code Ann. § 32-6-195 (West 2021) 

§ 32-6-198. Elimination of grade crossing by agreement 

Nothing in this part shall be construed to prevent the department, a county, or a municipality 

from reaching special agreements with a railroad company providing for grade crossing 

elimination by means of relocation of either the railroad or public road involved or by other 

means not expressly provided for in this part and from arranging joint participation in the cost of 

such elimination in accordance with the procedures in Code Section 32-6-195. 

Ga. Code Ann. § 32-6-198 (West 2021) 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (5) 

§ 62-301. Crossings of state highways and railroads--Elimination or alteration--Cost 

Whenever a state highway crosses or shall hereafter cross one or more railroads, and whenever 

the Idaho transportation department shall determine that the elimination of a grade crossing, 

whether by separation of grades or by relocation of the highway or railroad or both, or the 

reconstruction of an existing structure under or over the railroad or railroads, is necessary for 

public safety and convenience or for the proper construction or reconstruction of said state 

highway, the said Idaho transportation department shall have full authority to negotiate with and 

enter into an agreement with the railroad company or companies, and with any other persons and 

authorities concerned, to provide for the method of elimination or alteration and for the division 
18 

of the cost thereof between the state and the railroad company or companies and any other 

parties to such agreement, such cost to include all changes of highway or railroads made 

necessary by the existence of the crossing and by the elimination or alteration thereof, and the 

acquisition of any right of way required therefor. 

Idaho Code Ann. § 62-301 (West 2021) 

§ 62-302. Complaint to public utilities commission 

If the Idaho transportation department shall be unable to agree with the railroad company or 

companies upon the elimination or alteration to be made or upon the division of the cost of such 

elimination or alteration, said department, or railroad company or companies, shall make written 

complaint to the public utilities commission, setting forth the changes and alteration desired and 

the necessity therefor. 

Idaho Code Ann. § 62-302 (West 2021) 

§ 62-303. Crossings not on state highways--Elimination or alteration 

Whenever a highway not a state highway crosses one or more railroads, the local authorities in 

their respective jurisdictions, or railroad company or companies, shall have the same authority 

and perform the same duties with respect to the elimination or alteration of such crossing as are 

granted to and required of the Idaho transportation department and railroad company or 

companies by this chapter. 

Idaho Code Ann. § 62-303 (West 2021) 

§ 62-305. Closing and abandonment of crossings upon relocation of highways or 

construction of underpasses or overpasses or otherwise--Hearings 

Wherever and whenever the location of any state highway, or other public street, road or 

highway, has been or shall be changed, the result of which has changed or will change the 

location of the place where such street, road or highway crosses any railroad tracks at grade, and 

a new crossing at grade or an overpass or underpass has been or shall be constructed at such new 

location, or whenever the closing and abandonment of an existing crossing is in the interest of 

and reasonably necessary for the public safety, or an existing crossing is no longer reasonably 

necessary as a public crossing for any reason, then the old grade crossing shall be deemed to be 

unnecessary and may be eliminated and discontinued. In the event any objection be made to the 

elimination and discontinuance of said old grade crossing, the Idaho transportation board or the 

owners, operators, or lessees of any such railroad, or both, may, upon the completion and placing 

in operation of said new grade crossing, overpass or underpass, or whenever for any other reason 

a crossing is to be closed and abandoned, the public authority having jurisdiction over the street, 

road or highway, or the owners, operators, or lessees of any such railroad, or both, shall petition 

the public utilities commission for an order eliminating and discontinuing said old grade 

crossing, whether said change of location has been made or construction of an underpass or 

overpass completed before or after the passage of this act, and said commission shall be and is 

hereby authorized and empowered to hear and determine said petition in accordance with the 

provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, and if upon hearing duly had it shall 

find and determine that the closing and abandonment of such grade crossing is in the interest of, 

and reasonably necessary for the public safety, or that said crossing is no longer reasonably 

needed, it shall make an order authorizing the closing and abandonment of said crossing. Any 
19 

order made by the commission concerning said matter shall be enforceable and subject to review 

in the same manner as other orders of the commission. Upon any order of closing and 

abandonment becoming final, said grade crossing may be closed either by the public authority 

having jurisdiction over the street, road or highway or by the owner, operator or lessee of such 

railroad. 

Idaho Code Ann. § 62-305 (West 2021) 

§ 62-307. Permission for new crossing of highways and railroads 

No new railroad and no alteration or extension of an existing railroad shall hereafter cross any 

highway at grade, and no new highway shall hereafter cross any railroad at grade without the 

written permission of the Idaho transportation board first having been obtained. Neither a side 

track, team track, passing track nor house track shall be deemed a railroad within the meaning of 

this section. The term highway as used in this section shall not include streets and alleys in cities. 

Idaho Code Ann. § 62-307 (West 2021) 

Illinois (1) 

§ 5/8-106. Elimination of highway crossings 

§ 8-106. When as a result of an engineering and traffic study it is determined that it is necessary 

to traffic safety and convenience, the Department, or county board of any county may: 

(a) Relocate the crossing or junction at grade of the freeway with any existing highway, road, 

street, alley or other public way or eliminate such crossing or junction at grade by carrying such 

public way over or under the freeway or by connecting it to a local service drive and may 

relocate or alter any such intersecting public ways in such manner as is necessary thereto. The 

Department, or county board, shall have the right to acquire by purchase or condemnation, in the 

manner the Department or county board now is, or hereafter may be authorized by law, all 

property and property rights necessary for such relocations and grade separations. The 

Department, and the county board is authorized to maintain, or to enter into maintenance 

agreements with the agencies having jurisdiction over the public ways prior to said relocation, 

for the public ways so relocated; or 

(b) Eliminate the crossing or junction at grade of the freeway with any existing highway, road, 

street, alley or other public way by closing such public way at its intersection with the boundary 

of the freeway subject to the following conditions: 

(1) Where the freeway is not a part of the National System of Interstate and Defense Highways 

or is not a highway where the authority to control access has been exercised to permit access 

only at certain selected public roads, by agreement with the county, road district, municipality or 

other authority having jurisdiction over the public way to be closed; or 

(2) Where the freeway is a part of the National System of Interstate and Defense Highways or is 

a highway where the authority to control access has been exercised to permit access only at 

certain selected public roads, the Department and county board may close such public way, but 

only after holding a public hearing, in the county where the crossing or junction at grade is 

situated, at which hearing the needs of local traffic and the effect of such closing on other 

highways in the locality shall be considered. Such hearing shall be held prior to the preparation 

of final construction plans, but only after reasonable notice has been given, and shall be 

conducted in accordance with rules and regulations prescribed by the Department. No crossings 

shall be eliminated which shall unduly discommode or interfere with local traffic, or will destroy 
20 

reasonable access to schools, churches, markets, trade or community centers, and all crossings 

not eliminated shall be grade separated with the through traffic lanes of the interstate highway or 

the highway where the authority to control access has been exercised to permit access only at 

certain selected public roads. If the closing of a public way, as herein provided, makes it 

necessary to construct a new or additional highway connection to serve the public need, the 

Department and county board shall construct such connection. When property is damaged by the 

closing of any public way, the damage shall be ascertained and paid as provided by law. 

605 Ill. Comp. Stat. Ann. 5/8-106 (West 2021) 

Indiana (5) 

§ 8-6-7.7-3 Closing or abolishing grade crossing 

Sec. 3. The Indiana department of transportation may order legally closed and abolished as a 

public way, within the limits of a railroad right-of-way, any grade crossing then in existence at 

the time the department assumes jurisdiction of the matter: 

(1) upon a finding that the enhancement of public safety resulting from the closing will outweigh 

any inconvenience caused by increased circuitry of highway routes; or 

(2) based upon criteria specified in rules adopted by the department under section 3.1 of this 

chapter. 

The order by the department may be issued either in connection with, or independent of, an order 

relating to automatic train-activated warning signals. The authority of the department to legally 

close and abolish grade crossings is in addition to any authority by law granted to other state 

agencies or to local units of government to close and abolish grade crossings. Upon the issuance 

of an order by the department, the railroad or railroads involved shall physically remove the 

crossing from the tracks, and the governmental unit maintaining the highway shall remove or 

barricade the approaches to the crossing. 

Ind. Code Ann. § 8-6-7.7-3 (West 2021) 

§ 8-6-7.7-3.1 Duty of department to specify criteria; considerations in applying criteria 

Sec. 3.1. (a) The Indiana department of transportation shall adopt rules under IC 4-22-2 

specifying criteria for: 

(1) the department to use in determining whether to open a new public railroad grade crossing; 

and 

(2) the department or a unit (as defined in IC 36-1-2-23) to use in determining whether to abolish 

a public railroad grade crossing. 

(b) In applying criteria required by subsection (a) to determine whether to open a new public 

railroad grade crossing, deny a public grade crossing closure, or abolish a public railroad grade 

crossing, the department or unit shall consider the following: 

(1) Timetable speed of passenger trains operated through the crossing. 

(2) Distance to an alternate crossing. 

(3) Accident history of the crossing for the five (5) years preceding the department's or the unit's 

consideration. 

(4) Amount of vehicular traffic and posted speed limits for the crossing. 

(5) Amount of freight trains and their timetable speeds operated through the crossing. 

(6) Type of warning device present at the crossing, if any. 
21 

(7) Alignment of the roadway and the railroad, and the angle of the intersection of an alignment 

at the crossing. 

(8) Use of the crossing by: 

(A) trucks carrying hazardous materials; 

(B) vehicles carrying passengers for hire; 

(C) school buses; and 

(D) emergency vehicles. 

(9) Other appropriate criteria as determined by the department. 

Ind. Code Ann. § 8-6-7.7-3.1 (West 2021) 

*§ 8-6-7.7-3.2 Petition for closure; public hearing; determination and findings by unit 

Sec. 3.2. (a) A person may petition a unit (as defined in IC 36-1-2-23) under whose jurisdiction a 

public railroad crossing lies for the closure of a public railroad crossing. The unit shall conduct a 

public hearing on the petition not more than sixty (60) days after the date on which the unit 

receives the petition. 

(b) Except as provided in subsection (c), if the unit determines that the crossing meets the criteria 

adopted by the Indiana department of transportation under section 3.1 of this chapter for closing 

a crossing, the unit shall approve the petition described in subsection (a) and issue an order to 

close the crossing. The unit shall provide a copy of the unit's findings to the Indiana department 

of transportation. 

(c) If the unit determines that: 

(1) the crossing meets the criteria for closure adopted by the Indiana department of transportation 

under section 3.1 of this chapter; and 

(2) a compelling reason has been shown to exist for the crossing to remain open; the unit may 

deny a petition to close the crossing. The unit shall provide a copy of the unit's findings to the 

Indiana department of transportation. 

(d) If the unit determines that the crossing does not meet the criteria for closure adopted by the 

Indiana department of transportation and section 3.1 of this chapter, the unit may deny a petition 

to close the crossing. 

(e) Notwithstanding subsections (a) through (d), a unit and a railroad may agree to close a 

crossing within the jurisdiction of the unit. 

Ind. Code Ann. § 8-6-7.7-3.2 (West 2021) 

*§ 8-6-7.7-3.3 Appeal 

Sec. 3.3. If a unit denies a petition to close a crossing under section 3.2 of this chapter, the 

Indiana department of transportation shall schedule an appeal on the denial of the petition as set 

forth in IC 4-21.5 within sixty (60) days after the petition is denied. 

Ind. Code Ann. § 8-6-7.7-3.3 (West 2021) 

§ 8-6-7.7-3.4 Order approving petition to open crossing 

Sec. 3.4. If the Indiana department of transportation, upon receiving a petition to open a crossing, 

finds: 

(1) that the proposed crossing meets the criteria required to open a new grade crossing adopted 

by the department under section 3.1 of this chapter; or 

(2) that a compelling reason has been shown for the crossing to exist; 
22 

the department shall issue an order approving the petition. 

Ind. Code Ann. § 8-6-7.7-3.4 (West 2021) 

Iowa (7) 

§ 306.10. Power to establish, alter, or vacate 

In the construction, improvement, operation or maintenance of any highway, or highway system, 

the agency which has control and jurisdiction over such highway or highway system, shall have 

power, on its own motion, to alter or vacate and close any such highway or railroad crossing 

thereon, and to establish new highways or railroad crossing thereon which are or are intended to 

become a part of the highway system over which said agency has jurisdiction and control. 

Iowa Code Ann. § 306.10 (West 2021) 

*§ 306A.6. New and existing facilities--grade-crossing eliminations 

1. Cities and highway authorities having jurisdiction and control over the highways of the state, 

as provided by chapter 306, may designate and establish an existing street or highway as 

included within a controlled-access facility. The state or any of its subdivisions shall have 

authority to provide for the elimination of intersections at grade of controlled-access facilities 

with existing state and county roads, and city or village streets, by grade separation or service 

road, or by closing off such roads and streets at the right-of-way boundary line of such 

controlled-access facility. 

2. The provisions of sections 306.11 through 306.17 shall apply and govern the procedure for the 

closing of a road or street and the method of ascertaining damages sustained by any person as a 

consequence of the closing, provided, however, that the highway authority desiring the closing of 

such road or street shall conduct the hearing and carry out the procedure therefor and pay any 

damages, including any allowed on appeal, as a consequence thereof, any law to the contrary 

notwithstanding. 

3. After the establishment of any controlled-access facility, no highway or street which is not 

part of said facility shall intersect the same at grade. A city or village street, county or state 

highway, or other public way shall not be opened into or connected with any such controlledaccess facility without the consent and previous approval of the highway authority in the state, 

county, city or village having jurisdiction over the controlled-access facility. Such consent and 

approval shall be given only if the public interest shall be served thereby. 

Iowa Code Ann. § 306A.6 (West 2021) 

§ 313.27. Bridges, viaducts, etc., on municipal primary extensions 

The department may construct or aid in the construction, and may maintain bridges, viaducts, 

and railroad grade crossing eliminations on primary road extensions in cities. 

Iowa Code Ann. § 313.27 (West 2021) 

§ 314.5. Extensions in certain cities 

1. The agency in control of a secondary road, subject to approval of the council, may eliminate 

danger at railroad crossings and construct, reconstruct, improve, repair, and maintain any road or 

street which is an extension of the secondary road within a city. However, this authority does not 

apply to the extensions of secondary roads located in cities over twenty-five hundred population, 

where the houses or business houses average less than two hundred feet apart. 
23 

2. The phrase “subject to the approval of the council” as it appears in this section, shall be 

construed as authorizing the council to consider said proposed improvement only in its 

relationship to municipal improvements such as sewers, water lines, establishing grades, change 

of established street grades, sidewalks and other public improvements. The locations of such 

road extensions shall be determined by the agency in control of such road or road system. 

Iowa Code Ann. § 314.5 (West 2021) 

§ 327G.15. Railway and highway crossing at grade 

1. Wherever a railway track crosses or shall hereafter cross a highway, street or alley, the railway 

corporation owning such track and the department, in the case of primary highways, the board of 

supervisors of the county in which such crossing is located, in the case of secondary roads, or the 

council of the city, in the case of streets and alleys located within a city, may agree upon the 

location, manner, vacation, physical structure, characteristics and maintenance of the crossing 

and flasher lights or gate arm signals at the crossing and allocation of costs thereof. The 

department shall become a party to the agreement if grade crossing safety funds are to be used. 

Up to seventy-five percent of the maintenance cost of flasher lights or gate arm signals at the 

crossing and an unlimited portion of the cost of installing flasher lights or gate arm signals at the 

crossing may be paid from the grade crossing safety fund. 

2. Notwithstanding other provisions of this section, maintenance of flasher lights or gate signals 

installed or ordered to be installed before July 1, 1973, shall be assumed wholly by the railroad 

corporation. 

3. a. Payments from the grade crossing safety fund shall be made by the treasurer of state upon 

certification by the department that the terms of the agreement have been followed. b. The 

department shall promulgate rules according to chapter 17A for processing claims to the grade 

crossing safety funds. 

4. The provisions of this section shall not apply to the repair of the grade crossing surface. 

Iowa Code Ann. § 327G.15 (West 2021) 

§ 327G.16. Disagreement--application--notice 

If the persons specified in section 327G.15 cannot reach an agreement, either party may make 

written application to the department requesting resolution of the disagreement. The department 

shall request the department of inspections and appeals to set a date for hearing. The department 

of inspections and appeals shall give ten days' written notice of the hearing date. 

Iowa Code Ann. § 327G.16 (West 2021) 

§ 327G.25. Closing of crossing for repair or upgrade 

A railway corporation shall not close a railway crossing to the traveling public for more than 

thirty days for the purpose of repairing or upgrading the crossing. A railway corporation 

violating this section shall, upon conviction, be subject to a schedule “one” penalty. 

Iowa Code Ann. § 327G-25 (West 2021) 

Kansas (3) 

§ 12-1633. Railways and street railways; crossings; construction of viaducts or tunnels; 

regulation of speed; appraisement and payment of damages; liens; actions; penalties 
24 

The governing body of cities of the first and second class shall have the power to regulate the 

crossings of railway and street-railway tracks and provide precautions and adopt ordinances 

regulating the same; to regulate the running of street railways or cars and to adopt ordinances 

relating thereto and to govern the speed thereof; to regulate the running of railway engines and 

cars, except speed, and to adopt ordinances relating thereto; and to make other and further 

provisions, rules and regulations to prevent accidents at crossings and on tracks of railways, and 

to prevent fires from engines, and to require all railway companies to erect viaducts over or 

tunnels under their tracks at the crossings of streets. 

Kan. Stat. Ann. § 12-1633 (West 2021) Excerpt from applicable statute published. 

§ 12-1634. Same; cities in counties over 90,000; regulation of speed; bond issue 

The governing body of all cities of the first and second class in a county having a population of 

over 90,000 shall have the power to regulate the crossings of railway and street-railway tracks 

and provide precautions and adopt ordinances regulating the same; to regulate the running of 

street railways or cars and to adopt ordinances relating thereto and to govern the speed thereof; to 

regulate the running of railway engines and cars, except speed, and to adopt ordinances relating 

thereto; and to make other and further provisions, rules and regulations to prevent fires from 

engines, and to require all railway companies to erect viaducts over or tunnels under their tracks 

at the crossings of streets. 

Kan. Stat. Ann. § 12-1634 (West 2021) Excerpt from applicable statute published. 

§ 68-509. Elimination of grade crossings; division of costs between railroad and county; 

eminent domain; publication notice; appeal from award; warning signals 

The county engineer and board of county commissioners, in designating the county road system, 

shall eliminate all steam or electric road grade crossings and all other dangerous places on the 

highways so far as practicable, by paralleling such steam or electric roads, constructing 

undergrade or overhead crossings, relocating the highways or using such other means as may be 

necessary to properly safeguard the traveling public. The expense of eliminating railroad 

crossings shall be divided between the railroad company and the county, in a fair and equitable 

proportion determined by the secretary of transportation, who shall determine the necessity for 

eliminating such crossing. 

When the elimination, protection or improvement of a railroad grade crossing, as finally 

determined to be necessary by the secretary, requires the relocation, laying out, altering, 

widening or vacating of a highway, the board of county commissioners may purchase or acquire 

by donation any land required and, by order of the board, cause the highway to be relocated, laid 

out, altered, widened or vacated. Such order of the board of county commissioners shall cause 

any land so procured to become a public highway without further action. If the owner of any land 

required for the relocation, laying out, altering or widening of a highway for the purposes 

mentioned in this section refuses to sell or donate such land, the board of county commissioners 

shall exercise the right of eminent domain in the following manner: 

The board of county commissioners by order shall determine the nature of the changes required 

in such road, the approximate amount and location of land required to be taken therefor and the 

time and place at which the road will be viewed. The board shall publish a notice once in the 

official county paper, not less than 15 days and not more than 25 days before the viewing of the 

road. A similar notice shall be sent by certified mail to the owners of lands affected by such 

change, at the address where the owner's tax statement is sent. Such notice shall set out the 
25 

substance of the order and its date, the time and place the commissioners will begin to view the 

road and give all parties a hearing. 

The board shall direct the county engineer to meet with it at such time and place, unless the new 

locations of roads made necessary by the changes have already been definitely surveyed and 

located. Upon the day stated in the notice, or on the following day, the county commissioners 

shall meet at the place stated in the notice and proceed to view the road and changes required; 

shall view all lands required to be taken for the relocation, laying out, altering or widening of the 

highway for the purposes described in this section; and shall appraise the value thereof and 

assess the damages thereto. The county commissioners shall forthwith file in the office of the 

county clerk of the county a written report of their findings, along with the plat of the road as 

changed. All applications for damages must be filed in writing with the county clerk on or before 

the first day of the next regular session of the board following the filing of the report. The board 

at such session shall finally determine the amount to be paid as damages to any owner of the 

land. The amounts so allowed shall be paid from the general fund or the road fund of the county. 

The right of appeal from the award of damages made by the board of county commissioners shall 

be the same as is now provided by law in other road cases, but such appeal shall not delay any 

work upon or in relation to the road. If lands are appropriated for the relocation of any county or 

township road, which relocation is deemed necessary to avoid one or more railroad crossings or 

other dangerous places, the railroad company shall pay such part of the cost, not less than 1⁄2 or 

more than 3⁄4, as determined by the secretary of transportation. Such part of the cost shall be paid 

by the railroad company to the county and shall be used to reimburse the funds from which the 

cost of land and damages were paid. The secretary of transportation, upon the request of any 

county or township board, may require suitable safety devices or warning signals at dangerous or 

obscure railroad crossings to indicate the approach of trains, which shall be installed and 

maintained by the railroad company. The secretary may require the removal of spoil banks and 

other obstructions to view and the grading of approaches to the tracks, the cost of which shall be 

borne by the railroad company and county or township jointly or severally in the proportions 

determined by the secretary. The secretary may require the construction of suitable warning signs 

at a distance of 200 to 300 feet on both sides of all railroad grade crossings if, in the judgment of 

the secretary, signs are necessary for the safety of travel. All such warning signs on township 

roads shall be erected by the townships and those on the county roads by the county. 

Kan. Stat. Ann. § 68-509 (West 2021) 

Kentucky (6) 

*177.110 Railroad crossings; construction of KRS 177.120 to 177.210 

(1) The provisions of KRS 177.120 to 177.210 shall not apply to any railroad lines or tracks 

constructed across primary roads after March 23, 1926. 

(2) Where railroad lines or tracks constructed after March 23, 1926 cross any primary road, the 

department shall determine the character of the crossing to be constructed by the railroad 

company, and the cost of such crossings shall be paid for by the railroad company. 

Ky. Rev. Stat. Ann. § 177.110 (West 2021) 

§ 177.120 Department may order elimination of grade crossings or substitution; standards 

to be set by administrative regulations; closure of grade crossings 
26 

(1) Whenever the department considers it necessary for the public safety, it may order any 

railroad company owning or operating a railroad in this state, to eliminate any grade crossing or 

change any existing overhead or underpass structure where any public road crosses the railroad 

tracks of the company. The department may determine whether a substitute crossing should be 

established and if so, the location of the crossing to be substituted, and whether it shall pass over 

or under the railroad tracks or intersect them at grade. 

(2) In accordance with this section, the department shall promulgate administrative regulations 

by December 1, 1992, that contain standards governing the closure of public grade crossings. In 

adopting standards, the department shall request and consider written comments from affected 

local governments and shall consider that the number of redundant and inherently dangerous 

grade crossings in this state should be reduced and that public safety will be enhanced by 

reducing the number of redundant and inherently dangerous grade crossings. 

(3) On or before July 1, 1993, and on or before July 1 of each of the next four (4) years, and as 

necessary thereafter, the department shall compose a list of grade crossings proposed to be 

closed. The list shall be developed by applying the standards set forth in the administrative 

regulations adopted under subsection (2) of this section. Grade crossings that are part of an 

abandonment, closing, or removal shall not be included in the list. The department shall notify 

the public officials having the necessary authority and the railway companies operating the 

railroads of the proposed closures. Either affected party may request a public hearing, and if 

requested, the department shall hold a public hearing and apply in its determination the 

information gained at the public hearing and administrative regulations developed under 

subsection (2) of this section. If after the hearing the department determines that closure is 

warranted, it may order the crossing closed. 

(4) If a request for a hearing on a particular crossing is not received within thirty (30) days of 

notice of the opportunity for a public hearing advertised pursuant to the requirements of KRS 

Chapter 424, the department shall order the crossing closed. 

Ky. Rev. Stat. Ann. § 177.120 (West 2021) 

§ 177.150 Final hearing; notice; final order; waiver of proceedings; appeal 

(1) After receipt of the plans, specifications, and estimates of cost from the railroad company, the 

department shall give at least ten (10) days' notice by certified mail, return receipt requested, to 

the railroad company of a time and place for a conference with respect to the grade separation or 

change. If the department elects to prepare plans, specifications, and estimates of cost, it shall 

furnish copies thereof to the railroad company prior to or at the time it gives notice of the 

conference. At the conference, the department shall approve or modify the plans and 

specifications and shall consider and determine the method of doing the work, whether by the 

railroad company or by the department, or partly by one and partly by the other, and whether by 

contract or by the employees of the department or the railroad company, or both, or by any 

combination of these methods, and if by contract, the method and manner of advertising for bids, 

the time and place of opening the bids, the time when work shall be begun and completed, and 

all similar matters of an administrative nature. The department shall embody its conclusions in 

an order, a copy of which shall be sent by certified mail, return receipt requested, to the railroad 

company. 

(2) The department and any railroad company may agree by contract as to the method of 

eliminating any grade crossing or changing any existing overhead or underpass structure. In 

event of an agreement, all notices, hearings, and proceedings shall be deemed to have been 
27 

waived, and the work of eliminating the grade crossing or making the change shall be performed 

in accordance with the terms of the contract, with the same effect as though the work was being 

performed pursuant to a final order of the department. 

(3) Any person aggrieved by an order issued pursuant to subsection (1) of this section may 

appeal to the department, and upon appeal an administrative hearing shall be conducted in 

accordance with KRS Chapter 13B 

Ky. Rev. Stat. Ann. § 177.150 (West 2021) 

§ 178.355 Procedure for ordering elimination of grade crossings or change of existing 

overhead or underpass structure crossing county road 

(1) Whenever the fiscal court considers it reasonably necessary for the public safety, it may in 

the manner hereinafter provided, order any railroad company, either steam or electric, owning or 

operating a railroad in its county, to eliminate any existing grade crossing or change any existing 

overhead or underpass structure where any county road crosses the railroad tracks of such 

company. 

(2) The fiscal court shall give at least ten (10) days' notice by certified mail, return receipt 

requested to the railroad company of a hearing to be held at a time and place stated in the notice, 

at which hearing it shall consider whether or not the proposed grade separation or change is 

reasonably necessary and the most advantageous method of effecting the grade separation or 

change. In determining whether the proposed grade separation or change is reasonably necessary, 

the fiscal court shall receive evidence of, and shall consider, all relevant facts, including the 

present and prospective density of highway traffic and the present and prospective frequency and 

speed of train movements over the crossing, the adequacy of existing or proposed signals or 

warning devices for the protection of highway traffic at the grade crossings, the possibility and 

probability of personal injury to the public using the highway and to employees and passengers 

of the railroad company and damage to property, and the cost of the grade separation or change 

in relation to benefits resulting from the proposed construction. If the fiscal court finds that the 

grade separation or change is reasonably necessary, it shall make an order to that effect and 

furnish a copy thereof by certified mail, return receipt requested to the railroad company. The 

order shall specify a general plan for the new or changed grade separation. The order shall direct 

the railroad company to prepare plans, specifications and estimates of cost for the grade 

separation or change in accordance with the general plan prescribed by the order, or may provide 

that the plans, specifications and estimates of cost shall be prepared by the county if the grade 

separation structure shall pass over the railroad tracks. The plans, specifications and estimates of 

cost may, if requested by any public utility, provide facilities for such public utility. 

(3) Within ninety (90) days after the entry of an order directing a grade separation or change, and 

the preparation of plans, specifications and estimates of cost by the railroad company, the 

railroad company shall present to the fiscal court, plans, specifications and estimates of cost for 

the grade separation or change, including the necessary approaches thereto. 

(4) After receipt of the plans, specifications and estimates of cost from the railroad company the 

fiscal court shall give at least ten (10) days' notice by certified mail, return receipt requested to 

the railroad company of a time and place for final hearing with respect to the grade separation or 

change. If the fiscal court elects to prepare plans, specifications and estimates of cost, it shall 

furnish copies thereof to the railroad company prior to or at the time it gives notice of a final 

hearing. At the final hearing the fiscal court shall consider whether or not the plans make 

reasonably adequate provision for present and future safety and convenience of highway traffic 
28 

and present and future safety and efficiency of operation of trains of the railroad company, its 

employees and passengers, and for the development of highway and railroad facilities, and shall 

approve or modify the plans and specifications. It shall then consider and determine the method 

of doing the work, whether by the railroad company or by the county, or partly by one and partly 

by the other, and whether by contract or by the employees of the county or the railroad company, 

or both, or by any combination of these methods, and if by contract, the method and manner of 

advertising for bids, the time and place of opening the bids, the time when work shall be begun 

and completed, and all similar matters of an administrative nature. The fiscal court shall embody 

its conclusions in a final order, a copy of which shall be sent by certified mail, return receipt 

requested to the railroad company. 

(5) The fiscal court may reject or order the rejection of all bids submitted for the work, or any 

part thereof, and require a readvertisement for bids. The fiscal court may reject all bids and elect 

to do the work itself, or partly by itself and by the railroad company, or by contractors, or by a 

combination of these methods. If the work includes a structure to support the railroad tracks, the 

railroad company shall have the right to supervise the construction of that part of the work. If the 

fiscal court elects to do the work itself there shall not be charged to the railroad company any 

sum in excess of that it would have been required to pay had the contract been let to the lowest 

bidder. 

(6) In all cases where the work is let by the railroad company on contract, the work shall be done 

under the general supervision of the county road engineer. 

(7) The cost of all work incident to or occasioned by the elimination of the grade crossing and 

the construction of a substituted crossing, or the reconstruction of an existing overhead or 

underpass structure, including, without limitation of the generality of the foregoing, the cost of 

preparing plans and specifications, the cost of acquisition of necessary property and property 

damage, if any, the construction of approaches, drainage structures, and streets and pavements, 

shall be paid in the proportion of fifteen percent (15%) by the railroad company and eighty-five 

percent (85%) by the county. 

(8) As the work progresses the fiscal court shall furnish to the railroad company, and the railroad 

company shall furnish to the fiscal court, a monthly statement showing in detail all amounts 

expended in connection with the work. On or about the fifteenth of each month, the county road 

engineer shall prepare a statement showing the total amount expended to the close of the 

preceding month, the amount paid or expended by each party up to that time, and the amount due 

from the county to the railroad company or from the railroad company to the county. Upon 

receipt of the statement each party shall pay to the other the amounts shown to be due thereby. 

(9) All payments made on such monthly statements shall be considered only payments on 

account, and upon final completion of the work the county road engineer shall prepare and 

furnish to the railroad company a statement showing the total cost of the work, the amount paid 

or expended by the county or the railroad company, and the amount due from one to the other. 

Each party shall be afforded reasonable opportunities to verify the statements of expenditures by 

the other, and the balance due as certified by the county road engineer in his final statement shall 

be paid by one party to the other promptly upon receipt of such final statement. 

(10) The fiscal court and any railroad company may agree by contract as to the method of 

eliminating any grade crossing or changing any existing overhead or underpass structure. In 

event of such agreement all notices, hearings and proceedings shall be deemed to have been 

waived, and the work of eliminating the grade crossing or making the change shall be performed 
29 

in accordance with the terms of the contract, with the same effect as though the work were being 

performed pursuant to a final order of the fiscal court. 

Ky. Rev. Stat. Ann. § 178.355 (West 2021) 

§ 178.360 Grade separation of proposed railroad and county road crossings 

(1) After June 19, 1952, if the fiscal court proposes to construct a new county road across an 

existing railroad, or a railroad company proposes to construct a new railroad across an existing 

county road, the party proposing such construction shall provide the other party with plans and 

specifications for its proposed construction, showing the location thereof, and, if the proposed 

crossing is to be separated, a general plan for such separation. The fiscal court shall give at least 

ten (10) days' notice of a hearing to be held at a time and place stated in the notice, at which 

hearing it shall consider whether the proposed crossing shall be approved and whether a grade 

separation is reasonably necessary for the present and future safety and convenience of highway 

traffic and present and future efficient operation of the railroad company's facilities and the 

safety of its employees and passengers, and in accordance with the standards prescribed for 

grade separations in KRS 178.355. 

(2) If the fiscal court shall find that a grade separation is reasonably necessary at such proposed 

crossing, it shall approve, or provide for the submission and subsequent approval of, plans and 

specifications for the grade separation. The determinations of the fiscal court shall be by order, 

and its final determination shall be by final order, which shall fix the method of doing the work 

in the manner provided in subsection (4) of KRS 178.355, and which shall be served on the 

railroad company by certified mail, return receipt requested. If the fiscal court orders a grade 

separation at such proposed crossing, the entire cost of such separation shall be borne by the 

party proposing the crossing. 

(3) The fiscal court and the railroad company may agree by contract as to the method of 

constructing grade separations under this section and the distribution or allocation of cost 

thereof, under this section, and in such event, all notices, hearings and orders shall be deemed to 

have been waived, and the construction of the crossing shall be performed in accordance with the 

terms of the contract, with the same effect as though the work was being performed pursuant to a 

final order of the fiscal court. 

Ky. Rev. Stat. Ann. § 178.360 (West 2021) 

§ 178.375 Appeals to Circuit Court from final orders of fiscal court 

(1) Any railroad company dissatisfied with a final order of the fiscal court directing the 

elimination of any existing grade crossing or change of existing overhead or underpass structure 

under KRS 178.355, or a final order in respect of a new crossing under KRS 178.360, may, 

within twenty (20) days after receipt by the railroad company of a copy of the order, attested by 

the clerk of the fiscal court, file in the clerk's office of the Circuit Court of the county, together 

with a statement of the reasons why the order should not be enforced. On the filing of a copy of 

the order and the statement, the circuit clerk shall issue summons thereon in the same manner as 

summons is issued in equity actions in the Circuit Court. The trial of all appeals under this 

section shall be by a chancellor, and the evidence shall be taken by depositions or as the Circuit 

Court may direct. 

(2) On the hearing of the appeal, the Circuit Court shall determine whether under the standards 

hereinbefore prescribed, a grade separation or change in an existing overhead or underpass 

structure is reasonably necessary for the public safety, whether the plans and specifications 
30 

prescribed by such order make reasonably adequate provision for present and future safety and 

convenience of highway traffic and present and future safety of operation of trains of the railroad 

company, its employees and passengers, and for future development of highway and railroad 

facilities. 

(3) Upon submission of the case, the Circuit Court shall embody its findings and conclusions of 

law in a final judgment, which may enjoin the fiscal court from enforcing its order, or direct the 

railroad company to proceed with the work in accordance with the order of the fiscal court, or in 

accordance with other plans and specifications prescribed by the court, or direct the fiscal court 

to proceed with the work in accordance with plans and specifications prescribed by the court. 

Ky. Rev. Stat. Ann. § 178.375 (West 2021) 

Louisiana (3) 

§ 390. Railroad grade crossing improvement and elimination; notification 

A. The secretary shall complete a study of all public railroad grade crossings to establish 

priorities for improvement, relocation, or closure in compliance with federal guidelines and shall 

develop a prioritized plan for implementing railroad grade crossing improvements, relocations or 

closures pursuant to 23 U.S.C. § 130, known as the Federal Railroad Crossing Safety Program. 

The priority list shall be annually revised to reflect any changes made under the provisions of 

this Section. The department's plan shall be conducted in accordance with federal guidelines and 

Title 23 of the Code of Federal Regulations Part 646 relative to railroad-highway projects. 

B. (1) The department, when it determines that it is necessary for the safety of the public, may 

improve, change the location of or abolish any existing public grade crossing on any statemaintained highway; however, prior to taking such action, the department shall take the 

following actions: 

(a) Notify any and all affected persons owning land that is within a two- mile radius of the public 

grade crossing proposed to be improved, changed, or closed. 

(b) Post a notice at the grade crossing proposed to be improved, changed, or closed. 

(2) No provisions of this Section shall impose any liabilities of any nature upon the state of 

Louisiana or any agency thereof, nor shall any action or omission of the department be 

discoverable or admissible in any state court in Louisiana, and no record or document of the 

department compiled or prepared in connection with actions taken by the department pursuant to 

this Section, R.S. 48:390.1 or 23 U.S.C. 130 shall be discoverable or admissible in any state 

court in Louisiana. 

C. Repealed by Acts 2005, No. 347, § 3. 

D. Repealed by Acts 2005, No. 347, § 3. 

E. Repealed by Acts 2005, No. 347, § 3. 

F. No railroad company operating in this state shall be authorized to close any public railroad 

grade crossing along Louisiana Highway 23 in Jefferson and Plaquemines parishes before 

December 31, 2006, and no such closure of a public railroad grade crossing along this route shall 

be closed unless the closure of such crossing has been deemed necessary by the Department of 

Transportation and Development pursuant to an evaluation conducted in accordance with the 

provisions of this Section or R.S. 48:390.1. 

G. (1) Notwithstanding the provisions of this Section, R.S. 48:390.1, or any other provision of 

law or rule to the contrary, the closing of a railroad grade crossing by a railroad company shall 

not be considered interruption for purposes of acquisitive prescription, and any crossing closed 

by a railroad since January 1, 2006, shall be re-opened upon the attainment of thirty years 
31 

peaceful and otherwise uninterrupted use or possession of servitude of use or passage across the 

railroad grade crossing with or without just title. 

(2) For the purposes of this Subsection, a crossing shall include a private rural residence or 

agricultural crossing or other means of access over the railroad right-of-way. 

H. (1) A railroad corporation owning or operating a railway in this state, which is constructed 

across the land of any person leaving a portion of the land of such person on either side of its 

right-of-way, shall, when ordered to by the commissioner of the Department of Agriculture and 

Forestry, allow said crossing to remain open at a private rural residence or agricultural crossing 

or other means of access over its right-of-way. 

(2) The Department of Agriculture and Forestry shall promulgate rules and regulations for the 

implementation of this Subsection no later than January 1, 2009. 

I. The department shall, no later than December 31, 2012, promulgate rules and regulations 

pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate 

committees on transportation, highways, and public works, to implement the provisions of 

Subsections A, B, F, and G of this Section, including but not limited to notice, whom to notify, 

methods of notice, and posting requirements. 

La. Stat. Ann. § 48:390 (West 2021) 

§ 390.1. Railroad grade crossing elimination; parish and municipal roads 

A. (1) The department is authorized to evaluate the need to close any public railroad grade 

crossing on a non-state maintained highway within the territorial jurisdiction of any local 

governing authority in compliance with federal guidelines pursuant to 23 U.S.C. § 130, known as 

the Federal Railroad Crossing Safety Program. The department's evaluation shall be conducted in 

accordance with federal guidelines and Title 23 of the Code of Federal Regulations Part 646 

relative to railroad-highway projects. 

(2) If the evaluation suggests that closure of a public grade crossing on a non-state maintained 

highway is necessary for safety and in the best interest of the public, the department shall 

encourage public participation in accordance with the following procedure: 

(a) Provide written notice to the local governing authority with jurisdiction over the non-state 

maintained highway, the railroad company whose railroad tracks are crossed at grade by the 

highway, any and all affected persons owning land that is within a two-mile radius of the public 

grade crossing proposed to be closed, and any other party deemed by the department to be 

interested in the necessity to close a public grade crossing. 

(b) The notice shall establish a set time period of not less than thirty days for the local governing 

authority, railroad, any and all affected persons owning land that is within a two-mile radius of 

the public grade crossing proposed to be closed, or other interested party to respond to the 

department. 

(c) The department shall attempt to address concerns of the local governing authority, the 

railroad, any and all affected persons owning land that is within a two-mile radius of the public 

grade crossing proposed to be closed, or other interested party timely communicated to the 

department in writing or received at any public hearing held by the local governing authority 

relative to closure. 

(3) Upon compliance with Paragraph (2) of this Subsection, if the department opines that closure 

of a public grade crossing satisfies the guidelines established by the Federal Railroad Crossing 

Safety Program, is necessary for safety and in the best interest of the public, the department is 

authorized to issue a notice of intent and written determination to close an existing public grade 
32 

crossing on a non-state maintained highway, which determination will include a summary of 

findings, the manner in which such closure is to be made, and any alterations to be made to the 

crossing. 

(4) The department shall mail a copy of the notice of intent and determination pursuant to 

Paragraph (3) of this Subsection to the local governing authority with jurisdiction over the nonstate maintained highway and the railroad. The local governing authority may submit a written 

request to the chief engineer for reconsideration of the department's determination. A 

reconsideration request shall be postmarked within fifteen calendar days, excluding weekends 

and holidays, from the date of mailing of the notice. A rail safety reconsideration board 

composed of the secretary, the chief engineer, and the executive director of the Louisiana 

Highway Safety Commission shall consider the request and issue a final determination not later 

than fifteen calendar days, excluding weekends and holidays, of the date of receipt of the local 

governing authority's reconsideration request. The determination of the rail safety 

reconsideration board shall be final. 

(5) Notwithstanding any provision of this Part or any other law to the contrary, when the 

department has finally determined that closure of a public grade crossing on a non-state 

maintained highway is necessary for the safety and in the best interest of the public, the public 

grade crossing on the non-state maintained highway shall be closed by cooperative action 

between the department and the railroad. 

(6) Payment of costs to close a public grade crossing pursuant to a final closure determination 

pursuant to this Subsection shall not be an obligation of the local governing authority. 

B. Notwithstanding any other law to the contrary, no provision of R.S. 48:390, this Section, or 

any action or omission of the department, railroad, or any local governing authority pursuant to 

23 U.S.C. § 130 shall impose liability of any nature upon the state of Louisiana or any agency or 

department thereof or constitute transfer or assumption of care, custody and control of the nonstate maintained highway and public grade crossing by the state of Louisiana, or any department 

or agency thereof, particularly the Department of Transportation and Development, nor shall any 

action or omission of the department or any local governing authority be discoverable or 

admissible in any state court in Louisiana, and no record or document of the department or any 

local governing authority compiled or prepared pursuant to R.S. 48:390, this Section or 23 

U.S.C. § 130 shall be discoverable or admissible in any state court in Louisiana. 

C. Nothing in this Section shall be construed as amending, repealing or modifying any duty or 

responsibility that a local governing authority or a railroad had, if any, immediately before 

August 15, 2005, with regard to any applicable state or federal law. 

D. The department shall, no later than December 31, 2012, promulgate rules and regulations 

pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate 

committees on transportation, highways, and public works, to implement the provisions of 

Subsection A of this Section, including but not limited to notice, whom to notify, methods of 

notice, and posting requirements. 

La. Stat. Ann. § 48:390.1 (West 2021) 

§ 394. Private crossing elimination 

A. (1) Any railroad company operating in this state which desires to close or remove a private 

crossing shall, no less than one hundred eighty days prior to the proposed closing or removal, 

provide a written request by registered or certified mail to the Louisiana Public Service 

Commission and to the owner or owners of record of the private crossing traversed by the rail 
33 

line. The written request shall state the manner in which such private railroad crossing 

unreasonably burdens or substantially interferes with rail transportation. 

(2) The Louisiana Public Service Commission shall publish the written request from the railroad 

company in the commission's official bulletin for no less than twenty-five days. 

B. No private crossing shall be closed or removed by any railroad company until after a public 

hearing by the Louisiana Public Service Commission at which parties in interest have had an 

opportunity to be heard. Notice of the time and place of the hearing shall be published in the 

official journal of the parish and the commission's official bulletin and at least fifteen days shall 

elapse between the publication and the date of the hearing. In addition to notice by publication, 

and at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of 

record of the property where the private crossing is located shall be made by the commission by 

sending an official notice by registered or certified mail of the time and place of the hearing to 

the address or addresses indicated in the mortgage and conveyance records of the parish. The 

public hearing shall be held not less than sixty days after receipt of request of the railroad 

company as provided in Subsection A of this Section. 

C. If, after such public hearing, the commission determines that the private railroad crossing 

unreasonably burdens or substantially interferes with rail transportation, the commission shall 

publish in the official journal of the parish where such crossing is located and in the 

commission's official bulletin a notice stating the manner in which such closure or removal shall 

be made and the date of such. 

D. The provisions of this Section shall not apply when a private landowner or landowners and a 

railroad company enter into a consensual or negotiated written agreement or agreements to close 

a private railroad crossing. 

La. Stat. Ann. § 48:394 (West 2021) 

Maine (1) 

§ 7207. Discontinuance of railroad crossings 

Any railroad corporation or the municipal officers of a city or town in which a public way 

crosses or is crossed by a railroad, whether at grade or otherwise, may file a petition in writing 

with the Department of Transportation alleging that the crossing is no longer required by the 

public and praying that it may be closed or discontinued. The department shall, on receipt of a 

petition, appoint a time for hearing on the petition, after notice of not less than 10 days to the 

petitioners, the railroad corporation owning or operating the railroad and the city or town in 

which the crossing is located. After the notice and hearing, if the department finds that the 

crossing is no longer required by the public, it may order that the crossing be closed or 

discontinued. The department may close or discontinue railroad crossings, after notice of not less 

than 10 days to the railroad and municipality, or after hearing if requested within the 10 days 

either by the railroad or the municipality. 

Me. Rev. Stat. Ann. tit. 23, § 7207 (2021) 

Maryland (2) 

§ 8-639. Construction or modification of railroad grade crossing or change of crossing 

protection equipment 

Approval required for railroad to change railroad grade crossings or crossing protection 

equipment 
34 

(a) Unless approved by the Secretary on application to him, and notwithstanding any other 

statute to the contrary: 

(1) Except for an industrial track spur or siding, a railroad may not: 

(i) Construct, reconstruct, improve, widen, relocate, or otherwise alter a railroad grade crossing 

over a State, county, or municipal highway, except in Baltimore City, or over a private road; or 

(ii) Change the crossing protection equipment at such a crossing; and 

(2) A person may not: 

(i) Construct, reconstruct, improve, widen, relocate, or otherwise alter either a railroad grade 

crossing over a public highway or a private road over a railroad; or 

(ii) Change the crossing protection equipment at such a crossing. 

Authority of Secretary to approve and impose conditions to construction or modification 

(b)(1) The Secretary has authority, subject to the provisions of Division II of the State Finance 

and Procurement Article, to approve the construction or modification of a railroad grade crossing 

or a change of crossing protection equipment and to impose conditions necessary to insure public 

safety at the crossing. 

(2) No other approval, safety condition, or protective measure may be required by any public 

authority. 

Notice and hearing 

(c) When an application is made to the Secretary for approval of the construction or modification 

of a railroad grade crossing or a change of crossing protection equipment, the Secretary, after 

notice to all parties in interest, including adjacent property owners, shall hold a hearing on the 

matter if: 

(1) The Secretary considers a hearing to be necessary; 

(2) A hearing is requested by any party in interest; or 

(3) The proposed change would diminish or discontinue any crossing protection. 

Approval or disapproval of applications 

(d) With any technical advice from the Administration that the Secretary considers necessary, the 

Secretary may: 

(1) Approve or disapprove the application; and 

(2) Impose on the person initiating the crossing project, under uniform standards and regulations, 

any condition necessary to insure public safety at the crossing, including a requirement for the 

installation of, payment for, and maintenance of crossing protection equipment. 

Conversion a projection of public highway over the railroad 

(e) For purposes of this section, the conversion of a private road grade crossing into a public 

highway grade crossing is a projection of a public highway over the railroad by the public 

authority taking jurisdiction of the private road.). 

Md. Code Ann., Transp. § 8-639 (West 2021) 

§ 8-640. Maintenance and repair of railroad grade crossing or separation 

Duty of railroad to maintain grade crossings of highways 

(a) At each grade crossing of a highway and a railroad, the railroad shall: 

(1) Keep its roadbed and the highway in proper repair so as to provide absolutely safe and easy 

approach to and crossing of the tracks; or 

(2) Subject to approval by the Administration, construct a railroad grade separation. 

Abandonment, relocation, or construction of railroad grade crossing or separation 
35 

(b)(1) The Administration may abandon, relocate, construct, or reconstruct any railroad grade 

crossing or railroad grade separation that is dangerous or inconvenient for public travel. 

(2) If a railroad grade crossing is dangerous or inconvenient for public travel, the Administration 

may construct a railroad grade separation. 

Terms and conditions of work 

(c)(1) The Administration may require the railroad to do any of the work needed under this 

section, on the terms and conditions that the Administration specifies. 

(2) If the railroad fails to do any work required of it under this section, the Administration may 

perform the work itself and collect the railroad's share of the cost from the railroad. 

Md. Code Ann., Transp. § 8-640 (West 2021) 

Massachusetts (6) 

§ 65. Proceedings to abolish grade crossings

The department of highways shall proceed to make an investigation of crossings where a public 

or private way and a railroad cross each other at grade, in sections sixty-five to eighty-two, 

inclusive,1 referred to as grade crossings. Said department shall annually on or before October 

first file with the department of telecommunications and energy lists of grade crossings the 

abolition of which it suggests for early consideration, to which lists additional grade crossings 

may from time to time be added by said department of highways. Such lists shall state the names 

of the grade crossings, the names of the corporations operating the railroads crossed and the 

counties, cities and towns in which such crossings are located. The department of highways shall 

receive all petitions for the abolition of grade crossings from the aldermen of the city, the 

selectmen of the town, or the county commissioners of the county, where such a crossing exists, 

or the board of directors of the railroad corporation operating the railroad crossed, and after a 

hearing, due notice of which shall have been given to said railroad corporation, city or town and 

county, may in its discretion place said crossing on one of said lists. The department of 

telecommunications and energy, after due notice to the department of highways, the counties and 

municipalities in which such crossings are located and the railroad corporations operating the 

railroads crossed, shall proceed to hold public hearings upon such lists and such additional grade 

crossings as the department of highways shall have notified it to include. Upon the completion of 

such hearings the department of telecommunications and energy by order shall designate a 

program of grade crossings the abolition of which shall be considered; provided, that such 

program order may be amended or revised from time to time by the department of 

telecommunications and energy on request of the department of highways. In establishing such 

program the department of telecommunications and energy shall take into consideration the 

relative security and convenience of the public likely to result from the abolition of each 

particular grade crossing included therein as compared with the abolition of other grade 

crossings. Such program order shall state with respect to each grade crossing the name of the 

crossing, the name of the railroad corporation operating the railroad crossed, and the names of 

the counties, cities and towns in which the crossing is located. A copy of such program order and 

amendments and revisions thereof shall be filed in the office of the department of 

telecommunications and energy and of the department of highways. 

Mass. Gen. Laws Ann. ch. 159, § 65 (West 2021) 

§ 70. Manner and limits of grade crossing abolitions; costs; apportionment 
36 

The department of highways shall proceed to consider the abolition of grade crossings in the 

order established by the program orders as adopted and amended or revised under section sixtyfive, and shall hold public hearings on each such grade crossing abolition, due notice of which 

shall be given to such railroad corporations, counties, cities and towns as may be required by law 

to bear part of the cost of abolition. After hearing as aforesaid, it shall by order determine the 

manner and limits of the grade crossing abolition, what part, if any, of an existing public or 

private way shall be discontinued, and whether or not a new way shall be substituted therefor, the 

grade for the railroad and the way, the changes to be made in the location and grades of a street 

railway having a location in the part of such public way where the crossing exists or in ways 

connecting therewith, the general method of construction, and what land or other property it 

considers necessary to be taken, including, in its discretion, an easement in land adjoining the 

location of a public or private way, or of a railroad, consisting of a right to have the land of the 

location protected by having the surface of such adjoining land slope from the boundary of the 

location in a manner specified by it; provided, that so much of any such order as relates to the 

foregoing shall not be effective unless the consent of the department of telecommunications and 

energy thereto shall first be obtained, but no consent shall be given by said department to an 

order requiring a change in the grade of a railroad or street railway until the carrier interested, if 

it so requests, has been given an opportunity to be heard before said department on the sole 

question of such change. The department of highways shall determine in such order when the 

work shall be commenced, who shall do the work and how much shall be done by each. All such 

work not done in whole or in part by the department of highways shall be done under its general 

supervision. Except as otherwise provided in this section and section eighty, the total cost of the 

alterations aforesaid, including therein, in addition to the cost of construction, all damages on 

account thereof, but excluding the actual cost to a street railway of changing its railway or 

location to conform to the order of abolition, which shall be borne by it, and also moneys allotted 

under the provisions of the national industrial recovery act or other federal statutes and enabling 

state legislation for expenditure on such alterations from funds designated by the federal 

authorities exclusively for grade crossing abolitions shall be apportioned, by a board of five 

members constituted as hereinafter provided, among the railroad or railroads affected, the 

commonwealth, the county and the city or town where the crossing is situated, equitably and in 

accordance with the relative benefit to be derived by each from such alterations; provided, that if 

in any case funds sufficient to cover the said total cost are allotted as aforesaid under the 

provisions of the said national industrial recovery act or other federal statutes and enabling state 

legislation, no such apportionment shall be made; and, provided further, that any of said parties 

aggrieved by said apportionment may petition the supreme judicial court, which shall appoint 

three commissioners to make such apportionment, subject to the approval of the court. Said 

board shall consist of the attorney general, the chairman of the commission having supervision 

and control of the department of telecommunications and energy and another member of said 

commission designated by said chairman, and the commissioner of highways and one of his 

associate commissioners designated by said commissioner. If the crossing is of a railroad and a 

private way, and no crossing of a public way is abolished in connection therewith, the total cost 

as aforesaid shall be paid by the parties affected by the abolition in such proportion as said 

department of highways may establish. Said department may require the railroad corporation or 

corporations and the cities, towns and counties affected by any such grade crossing abolition, or 

any of them, to cause to be prepared and submitted to it plans, specifications and estimates of the 

cost of such abolition. A copy of any order made under this section, after so much thereof as is 
37 

required hereby to be consented to by the department of telecommunications and energy has 

been consented to as hereinbefore provided, shall be filed in the office of the department of 

highways and of the department of telecommunications and energy, and a copy thereof shall be 

served on the state comptroller, the railroad corporation or corporations, the county and city or 

town affected by such abolition. The department of highways shall include in its budget estimate 

in each year a sum sufficient to meet the cost of such portion of any abolition or abolitions of 

grade crossings, to be undertaken during the following year, as is to be paid by the 

commonwealth, counties and municipalities. 

Mass. Gen. Laws Ann. ch. 159, § 70 (West 2021) 

§ 72. Crossing abolished upon state highway; clear view 

Whenever a grade crossing is abolished upon a state highway, county way, or way which has 

been petitioned for as a state highway, the said highway or way shall be so constructed that there 

shall be a clear view in each direction for at least one hundred and fifty feet from the center of 

said highway or other way where the same passes over or under the railroad, except in any 

particular case, when compliance with said requirement is deemed by the department of 

highways to be unnecessary and unreasonable under all the circumstances. 

Mass. Gen. Laws Ann. ch. 159, § 72 (West 2021) 

§ 73. Financing cost of abolishing crossing by street railway company 

The amount of any expenditure under section eighty by a street railway company toward the cost 

of abolishing a grade crossing shall be deemed and taken in all proceedings thereafter as a part of 

the value of its property for street railway purposes; and such company may issue stocks or 

bonds to such amount as the department of telecommunications and energy shall, subject to the 

laws relating to the issue of stocks and bonds by street railway companies, approve as reasonably 

necessary to provide for the payment of such expenditure. 

Mass. Gen. Laws Ann. ch. 159, § 73 (West 2021) 

§ 74. Change of location 

If in an order of abolition under section seventy it is determined that the location of the railroad 

or of the public or private way shall be changed, such order when a copy thereof is filed with the 

department of telecommunications and energy shall establish the location as thus changed, and if 

it is necessary to take land or an easement therein to provide such new location, the department 

of highways shall take the same by eminent domain under chapter seventy-nine, and in such case 

the order of taking shall be included in said order of abolition under section seventy. Said taking 

shall be on behalf of the commonwealth if the land or easement is to be used for or in connection 

with a state highway or on behalf of the city or town if the land or easement is to be used for or 

in connection with any other public way, or on behalf of the railroad corporation if the land or 

easement is to be used for or in connection with a private way or by the railroad corporation. 

If in an order of abolition under section seventy it is determined that the location of a street 

railway shall be changed, such order when a copy thereof is filed with the department of 

telecommunications and energy shall establish the location as thus changed. 

The department of highways may in any order entered under said section seventy, or from time 

to time thereafter with the approval of the department of telecommunications and energy, order 

the removal or relocation of any surface street railway tracks, and of any conduits, pipes, wires, 
38 

poles or other property located in public ways or places which it deems to interfere with any such 

grade crossing abolition or the work or works required therefor, and may grant new locations for 

any such structures so removed or relocated. Such orders, to the extent specified therein, shall be 

deemed a revocation of the right or license to maintain such tracks, conduits, pipes, wires, poles 

or other property in such public ways or places, and the owner of any such structures shall 

comply with said orders without expense to the commonwealth or any party which said 

department of highways has determined shall do the whole or any part of the work. If any such 

owner shall fail to comply with the order of the department of highways within a reasonable 

time, to be fixed in the order, said department may discontinue and remove such tracks, conduits, 

pipes, wires, poles or other property or may relocate the same, and the cost of such 

discontinuance, removal or relocation shall be repaid by the owner, and if not repaid may be 

recovered by the commonwealth in an action of contract. No such discontinuance, removal or 

relocation shall entitle the owner of the property thus affected to any damages on account 

thereof. Any structures in or upon private lands may be removed and relocated by the department 

of highways as a part of the cost of the abolition, or if removed and relocated by the owner 

thereof the reasonable expense shall be paid to him by the commonwealth as a part of the cost of 

the abolition. If in any order hereunder or under said section seventy any location shall be 

changed, such order when a copy thereof is filed with the department of telecommunications and 

energy shall establish the location as thus changed. In this section and in sections seventy-five, 

seventy-seven, seventy-eight and eighty, the words “state highway” shall include any public way 

and part thereof in direct continuation of a state highway and not more than one hundred feet 

from the end thereof. 

Mass. Gen. Laws Ann. ch. 159, § 74 (West 2021) 

§ 129. Avoiding or abolishing grade crossings; eminent domain 

For the purpose of avoiding or abolishing a crossing of a railroad by the tracks of a street railway 

company at grade, the company may purchase or take by eminent domain under chapter seventynine land necessary therefor, not exceeding fifty feet in width, outside the limits of a public way; 

but no land shall be so taken which cannot lawfully be taken for the laying out of a railroad, nor 

shall it be so taken until a plan on an appropriate scale, showing by metes and bounds the land, 

and the names of the owners thereof, has, after notice to such owners, and after such public 

notice and hearing as is required by section seven, been approved in writing by the board of 

aldermen of the city or the selectmen of the town where such land is situated; nor shall the land 

of a railroad corporation or of another street railway company be so taken without its consent, 

except with the approval of the department after notice and a hearing. 

Mass. Gen. Laws Ann. ch. 161, § 129 (West 2021) 

Michigan (1) 

§ 462.307. Approval and regulation of grade crossings 

(2) The department, when it determines necessary for the safety of the public, may change the 

location of or abolish any existing public grade crossing after not less than 30 days' notice in the 

area affected by the crossing. A public hearing shall be held by the department if requested by 

any affected party. Within 30 days after the date of the hearing, the department may issue an 

order to close the existing grade crossing. Any person, local unit of government, or road 

authority having an interest in the abolishment of an existing grade crossing, within 30 days after 
39 

the closure order of the department, may commence an action in the circuit court for the county 

of Ingham against the department as defendant to vacate or set aside the order. 

(4) If the location of a proposed crossing is found to be necessary, feasible, and may be made 

reasonably safe for a crossing at grade, the department shall grant permission for the crossing. 

The department shall require installation of such traffic control devices as in its judgment may be 

appropriate. When a crossing necessitated by a new roadway across an existing track is 

permitted, the department shall simultaneously, after investigation and hearing, order the 

abolishment of 1 or more existing grade crossings having less than 100 vehicles a day within the 

same road authority jurisdiction, if the involved road authority and railroad may waive hearing 

thereon. 

Mich. Comp. Laws Ann. § 462.307 (West 2021) Excerpt from applicable statute published. 

Minnesota (3) 

§ 219.072. Establishment of new grade crossings 

The establishment of all new grade crossings must be approved by the commissioner. When 

establishment of a new grade crossing is desired, either by the public officials having the 

necessary authority or by the railroad company, and the public officials and the railroad company 

cannot agree as to need, location, or type of warning devices required, either party may file a 

petition with the commissioner setting forth the facts and submitting the matter for 

determination. The commissioner, after notice as the commissioner deems reasonable, shall 

conduct a hearing and issue an order determining the matters submitted. If the commissioner 

approves the establishment of a new grade crossing, the commissioner may in the same order 

direct that the costs, including the costs of the type of warning devices required, be divided 

between the railroad company and the public authority involved as the parties may agree, or, if 

they fail to agree, then as determined by the commissioner on the basis of benefit to the users of 

each. However, the commissioner may defer determination of the division of costs to a 

subsequent order to be made on the basis of evidence previously taken. 

Minn. Stat. Ann. § 219.072 (West 2021) 

§ 219.073. Commissioner's rules on grade crossings 

In accordance with chapter 14, the commissioner of transportation shall adopt rules by December 

1, 1991, that contain standards governing the establishment, vacation, relocation, consolidation, 

and separation of grades at public grade crossings. In adopting standards, the commissioner shall 

consider that the number of grade crossings in this state should be reduced and that public safety 

will be enhanced by reducing the number of grade crossings. 

Minn. Stat. Ann. § 219.073 (West 2021) 

§ 219.074. Grade crossing change, vacation 

Subdivision 1. Agreement; hearing. Public officials having the necessary authority and a railway 

company operating the railroad may agree to the vacation, relocation, consolidation, or 

separation of grades at grade crossings. If agreement cannot be reached concerning the location, 

manner of construction, or a reasonable division of expense, either party may file a petition with 

the commissioner, setting forth the facts and submitting the matter to it for determination. The 

commissioner shall then conduct a hearing under chapter 14 and shall apply the rules developed 

under section 219.073 in coming to a determination. The commissioner may also bring matters 
40 

concerning vacation, relocation, consolidation, or separation of grades at public grade crossings 

to the commissioner for determination. If the commissioner determines that the vacation, 

relocation, consolidation, or separation is consistent with the standards adopted under section 

219.073, the commissioner may order the crossing vacated, relocated, consolidated, or separated. 

Subd. 2. Crossing vacation program. On or before July 1, 1992, and on or before July 1 of each 

of the next four years, and as necessary afterward, the commissioner shall develop a list of grade 

crossings proposed to be vacated. The list must be developed by applying the standards set forth 

in the rules adopted under section 219.073. Grade crossings that are part of an abandonment, 

closing, or removal may not be included in the list. The commissioner shall notify the public 

officials having the necessary authority and the railway companies operating the railroads of the 

proposed vacations. Either affected party may request a hearing. If requested, the commissioner 

shall hold a contested case hearing applying in the commissioner's determination the rules 

developed under section 219.073. If after the hearing the commissioner determines that the 

vacation is consistent with the standards adopted under section 219.073, the commissioner may 

order the crossing vacated. If a request for a hearing on a particular crossing is not received 

within 30 days of the publication in the State Register, the commissioner shall order the crossing 

vacated. 

Subd. 3. Crossing inventory. By December 31, 1993, the commissioner shall complete an 

inventory of all public and private grade crossings in the state and shall annually revise the 

inventory to reflect grade crossing changes made under this section. 

Minn. Stat. Ann. § 219.074 (West 2021) 

Mississippi (5) 

§ 17-5-13. Railroad lines, crossings, funds from federal government 

The board of supervisors of any county and the governing authority of any municipality shall 

have the power and authority to apply for, receive and expend grants, loans or other funds from 

the federal government or any department or agency thereof for use in connection with the 

relocation or grade separation of railroad lines to eliminate grade level railroad crossings. 

Miss. Code. Ann. § 17-5-13 (West 2021) 

§ 57-43-15. Mississippi Highway-Railroad Grade Crossing Safety Account 

(1) There is established within the Railroad Revitalization Fund a new account to be entitled the 

Mississippi Highway-Railroad Grade Crossing Safety Account. The account shall be 

administered by the Mississippi Department of Transportation and shall consist of: 

(a) Such monies as are transferred to it on July 1, 2001, from the Mississippi Grade Crossing 

Closure Account; 

(b) Thirty-five percent (35%) of collections from the locomotive fuel tax imposed under Section 

27-59-307 for the previous year; and 

(c) Monies transferred to it from the Railroad Revitalization Fund, pursuant to the provisions of 

Section 2 of Chapter 497, Laws of 2009. 

Unexpended amounts remaining in the account at the end of a fiscal year shall not lapse into the 

State General Fund; and any interest earned on amounts in the account shall be deposited to the 

credit of the account. 

(2) The Mississippi Transportation Commission, after consulting with the railroads operating in 

Mississippi, shall promulgate rules to ensure equitable allocation of the funds described in 
41 

subsection (1) of this section to projects throughout the state, and shall consider the proportionate 

number of main line track miles of each railroad and the number of public roadway/railroad 

grade crossings on each railroad's main line. Expenditure of monies from the Mississippi 

Highway-Railroad Grade Crossing Safety Account shall be limited to the following purposes: 

(a) Financial aid for closure of public roadway/railroad grade crossings; 

(b) Realignment of construction costs of roadways being rerouted to facilitate a closure of a 

public roadway/railroad grade crossing; 

(c) Monies to match federal or other funds for a grade separation eliminating an at-grade 

crossing of a public roadway and railroad; 

(d) Installation, maintenance or upgrade of highway-railroad grade crossing signals, at the 

discretion of the Mississippi Transportation Commission, based upon the federal Railroad 

Administration ranking of all Mississippi highway-railroad grade crossings. Not less than ten 

percent (10%) of the monies necessary to defray the costs of such installations must be federal 

funds; 

(e) Separation of grades of highway/railroad crossings; 

(f) Improvement of any grade crossing including the necessary roadway approaches thereto of 

any railroad across a public road highway; 

(g) Construction, reconstruction, repair or replacement of the grade crossing surface structure; 

and 

(h) Installation of an automatic advance warning signal alerting a motorist that a grade crossing 

is ahead. 

(3) The Mississippi Department of Transportation shall consider all requests from the state's 

diagnostic review of public roadway/railroad grade crossings and from individual railroads for 

expenditure of funds for the purposes described in subsection (2) of this section, and shall 

establish uniform criteria and guidelines relating to such crossings and the expenditure of funds. 

Miss. Code. Ann. § 57-43-15 (West 2021) 

§ 65-1-8. Commission powers and duties 

(2)(f) To regulate and abandon grade crossings on any road fixed as a part of the state highway 

system, and whenever the commission, in order to avoid a grade crossing with the railroad, 

locates or constructs said road on one side of the railroad, the commission shall have the power 

to abandon and close such grade crossing, and whenever an underpass or overhead bridge is 

substituted for a grade crossing, the commission shall have power to abandon such grade 

crossing and any other crossing adjacent thereto. Included in the powers herein granted shall be 

the power to require the railroad at grade crossings, where any road of the state highway system 

crosses the same, to place signal posts with lights or other warning devices at such crossings at 

the expense of the railroad, and to regulate and abandon underpass or overhead bridges and, 

where abandoned because of the construction of a new underpass or overhead bridge, to close 

such old underpass or overhead bridge, or, in its discretion, to return the same to the jurisdiction 

of the county board of supervisors;. 

Miss. Code. Ann. § 65-1-8 (West 2021) Excerpt from applicable statute published. 

§ 65-1-69. Railroad and highway crossings 

Whenever any railroad and state highway or part thereof shall cross each other at the same level 

and, in the opinion of the state highway commission, such crossing is dangerous to public safety 

or traffic is unreasonably impeded thereby and such crossing should be removed, the state 
42 

highway commission may order such crossing eliminated either by having the state highway 

department carry such state highway under or over the tracks of such railroad. 

The plans covering such proposed changes may be made either by the director of the state 

highway department, subject to the approval of the highway commission or the railroad company 

affected, but shall in either event be approved by both the highway commission and the railroad 

company before contract is awarded; but such provision shall not be used to unreasonably delay 

the construction of any proposed structure. When plans have been approved, such proposed work 

shall be advertised and contract awarded as elsewhere provided in this chapter for the advertising 

and awarding of contracts. Joint supervision of construction may be had by both the state 

highway department and the railroad company. The state highway commission and the railroad 

company shall pay equal parts of the cost of any underpass or overpass across the right-of-way of 

the railroad company. Such work shall be so planned and prosecuted as to allow the safe and 

regular operations of trains at every stage of the work. 

Appeals from decisions or determinations of the state highway commission may be made by any 

party affected under this section, and the procedure for such appeal shall be the same as is 

provided by law for appeals from decisions and determinations of the boards of supervisors. 

Miss. Code. Ann. § 65-1-69 (West 2021) 

§ 65-1-175. Jurisdiction and powers concerning railroad crossings 

(2) The Mississippi Department of Transportation shall have power, upon its own motion or 

upon complaint filed, after having made proper investigation, and after notice and hearing, if 

requested, to abolish any public roadway/railroad crossing heretofore or hereafter established, to 

vacate and close that part of the roadway on such crossing abolished, and to erect barricades 

across the roadway in such a manner as to prevent the use of such crossing as a roadway, when, 

in the opinion of the department, the public necessity served by the crossing in question is not 

such as to justify the further retention thereof. In any event, if a roadway/railway crossing is the 

subject of closure proceedings, both the local governmental entity and the rail carrier shall be 

given formal written notice by the department before any hearing is conducted by the 

department. However, a public hearing by the department to abolish a crossing shall not be 

required when the public roadway authority in interest vacates the roadway. In such instances, 

the rail carrier, following notification to the department and roadway authority, shall remove any 

grade crossing warning devices and the grade crossing surface. 

Miss. Code. Ann. § 65-1-175 (West 2021) Excerpt from applicable statute published. 

Missouri (2) 

§ 389.610. Railroad crossings construction and maintenance, highways and transportation 

commission to have exclusive power to regulate and provide standards--apportionment of 

cost 

5. The state highways and transportation commission shall have the exclusive power to alter or 

abolish any crossing, at grade or otherwise, of a railroad or street railroad by a public road, 

highway or street whenever the state highways and transportation commission finds that public 

necessity will not be adversely affected and public safety will be promoted by so altering or 

abolishing such crossing, and to require, where, in its judgment it would be practicable, a 

separation of grades at any crossing heretofore or hereafter established, and to prescribe the 

terms upon which such separation shall be made. When a road authority lawfully closes or 
43 

vacates a roadway which provided access to a railroad crossing, the state highways and 

transportation commission shall issue an order authorizing removal of the crossing by the 

railroad within thirty days of being notified of such action by the roadway authority or railroad. 

6. The state highways and transportation commission shall have the exclusive power to prescribe 

the proportion in which the expense of the construction, installation, alteration or abolition of 

such crossings, the separation of grades, and the continued maintenance thereof, shall be divided 

between the railroad, street railroad, and the state, county, municipality or other public authority 

in interest. 

Mo. Ann. Stat. § 389.610 (West 2021) Excerpt from applicable statute published. 

§ 389.615. Study on grade crossing closures--due when--division may employ additional 

track safety specialists, when 

The division of motor carrier and railroad safety shall conduct a study to establish priorities for 

grade crossing closures and a plan for implementing grade crossing closures. The study is to be 

completed by January 1, 1994, and is not to be paid for from the grade crossing safety account. 

To promote the safety of railroad tracks at crossings, the division may employ additional track 

safety specialists, subject to appropriations, or available federal or private funding. 

Mo. Ann. Stat. § 389.615 (West 2021) 

Montana (3) 

*§ 69-14-603. Railroad crossings in unincorporated towns or villages 

In any unincorporated community ordinarily known as a village or town where the public 

necessity and convenience require a railroad crossing at the intersection of the railroad with any 

street or highway, whether lawfully established or otherwise, which is commonly used by the 

public, the board of county commissioners of the county may order the construction and 

maintenance of such railroad crossing. Upon such order becoming final and effective, it shall be 

the duty of the railroad company to construct and maintain in proper condition a good and safe 

crossing. The board of county commissioners may order more than one railroad crossing in such 

unincorporated community, as provided in this section, when the public necessity and 

convenience require more than one such crossing to afford reasonable facilities for public travel. 

Mont. Code Ann. § 69-14-603 (West 2021) 

§ 69-14-606. Role of public service commission with respect to crossings 

(1) The commission may enforce the orders of any board of county commissioners for the 

construction of railroad crossings and may pass upon the reasonableness of any such order and 

modify, change, or annul the same. 

(2) Whenever any railroad crossing has been ordered by the county commissioners, as herein 

provided, the railroad company may, within 30 days after the service of such order, serve upon 

the commission a notice stating why the order is considered unreasonable or unjust and 

requesting that the commission hold a hearing for the purpose of determining whether or not the 

construction of such crossing should reasonably be required. The commission shall thereupon 

institute a hearing for this purpose, and all interested parties shall be given reasonable notice and 

an opportunity to be heard. The commission may, after such hearing, either affirm, modify, or 

annul such order. 

Mont. Code Ann. § 69-14-606 (West 2021) 
44 

§ 69-14-607. Overhead or underground crossings 

(2)(a) The public service commission may, however, upon petition or request in writing of any 

board of county commissioners, order an overhead or underground crossing at any place where a 

railroad crossing has not been constructed and is required by the provisions of 69-14-601 through 

69-14-611; provided, in its judgment, the safety, necessity, and convenience of the traveling 

public require such crossing. (b) When any such petition or request is presented, the commission 

shall fix a date for hearing the same and shall give at least 10 days' written notice to the board of 

county commissioners and the owner or operator of the railroad to be affected by such order of 

the time fixed for the hearing. At such hearing, the commission shall hear all testimony offered 

as to the safety, necessity, and convenience of the traveling public requiring such a crossing and 

the expense of constructing and maintaining the same and shall make such investigation and 

inspection of the conditions at the place of crossing as may be deemed necessary or advisable 

and shall thereupon determine whether such order should be made. 

Mont. Code Ann. § 69-14-607 (West 2021) Excerpt from applicable statute published. 

Nebraska (7) 

§ 39-1730. Public roads; elimination of railroad crossings; petition; procedure 

Upon the petition of the owner or operator of any railroad, the county board is authorized to 

vacate such part of a public road, outside of incorporated cities and villages, lying within the 

right-of-way of such railroad, and not part of a state highway, if it appears that such crossing 

should be eliminated in the interest of public safety. Such petition shall be filed with the county 

clerk of the county in which such part of a public road is located. The same procedure shall be 

followed in the elimination of railroad grade crossings as is provided for the relocation, vacation, 

and abandonment of public roads as set forth in sections 39-1722 to 39-1725. 

Neb. Rev. Stat. Ann. § 39-1730 (West 2021) 

§ 74-1311. Department; determine railroad crossing safety measures needed 

The department shall have authority to determine that (1) a railroad crossing shall be eliminated, 

(2) automatic railroad grade crossing protection devices shall be installed, modified, or 

improved, (3) an overpass or underpass is needed at a railroad crossing, or (4) other measures are 

necessary to improve public safety at railroad crossings. 

Neb. Rev. Stat. Ann. § 74-1311 (West 2021) 

*74-1317. Grade Crossing Protection Fund; created; purpose; investment 

In order to promote public safety at the intersection of railroad lines and all classes of highways, 

there is hereby created a special fund known as the Grade Crossing Protection Fund which shall 

be established in the state treasury to be used in furnishing financial assistance in the 

improvement of the safety of railroad grade crossings in this state, including the elimination of 

such crossings, the construction, substantial modification, or improvement of and the 

maintenance of automatic crossing protection at such grade crossings, and the construction and 

maintenance of overpasses and underpasses at railroad crossings. Any money in the fund 

available for investment shall be invested by the state investment officer pursuant to the 

Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. 

Neb. Rev. Stat. Ann. § 74-1317 (West 2021) 
45 

*§ 74-1318. Grade Crossing Protection Fund; department; administer; procedure; division 

of cost; responsibility for protection devices; powers and duties 

The department is hereby empowered to administer the funds deposited in the Grade Crossing 

Protection Fund as follows: 

(1) If the department and the political subdivision with jurisdiction over the crossing agree that a 

grade crossing should be eliminated by closing the street, road, or highway, the political 

subdivision making such closing shall receive five thousand dollars from the fund and five 

thousand dollars from the railroad involved and the actual cost of closure not to exceed twelve 

thousand dollars from the fund. If pursuant to section 74-1305 it is agreed by the department and 

the political subdivision that such crossing should be eliminated by the removal of such rail line, 

the political subdivision paying for such removal, if any, shall receive two thousand dollars or 

the actual cost thereof not to exceed twelve thousand dollars from the fund; 

Neb. Rev. Stat. Ann. § 74-1318 (West 2021) Excerpt from applicable statute published. 

*§ 74-1334. Crossings; public; safety regulations; gates and alarms; closure; when 

(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber 

lands, near buildings, or near any obstruction of view from the road, the Department of 

Transportation shall direct such precautions to be taken as it deems necessary for the safety of 

the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, 

signs, signals, alarm bells, and warning personnel as the department directs. The department may 

direct the placement of special signs where the physical conditions of any crossing warrant such 

action. 

(2) Except as provided in subsection (3) of this section, any public railroad crossing without 

gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public 

railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is 

the only railroad crossing which provides access to property. 

(3) An interested party may object to an action taken under subsection (2) of this section only if a 

written request is submitted to the department by a professional engineer licensed to practice in 

the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the 

requirements in this section and with all relevant aspects of the railroad crossing. The engineer 

shall also provide a detailed explanation of why subsection (2) of this section should not apply to 

the railroad crossing in question and a statement that the railroad crossing corridor has been 

examined by the engineer and the engineer believes that the railroad crossing will be safe as 

designed. Such a written request shall exempt a railroad crossing from being closed under 

subsection (2) of this section. 

Neb. Rev. Stat. Ann. § 74-1334 (West 2021) 

§ 74-1337. Crossings; public; county board; agreement 

Whenever railroad tracks cross a public highway at grade, outside of incorporated cities and 

villages, the owner of the railroad tracks and the county board of the county in which such 

crossing is located may agree upon any change, alteration, or construction of any crossing as will 

promote the public convenience or safety, and they may also agree upon the relocation of any 

highway so as to eliminate such crossings entirely or so as to carry them over or under such 

railroad and upon the apportionment of the expenses incident to any such change, alteration, 

relocation, or construction between the owner of the railroad tracks and the county or other 

public authority in interest. 
46 

Neb. Rev. Stat. Ann. § 74-1337 (West 2021) 

*§ 74-1340. Crossings; department orders; violation; penalty 

When the owner of railroad tracks fails, neglects, or refuses promptly to comply with any order 

of the Department of Transportation issued under sections 74-1332 to 74-1339 or fails, refuses, 

or neglects to comply with such sections after the department has issued an order, the owner 

shall be guilty of a Class V misdemeanor and shall be fined in any sum not more than one 

hundred dollars for each such offense. Each week of such neglect, refusal, or failure shall 

constitute a separate offense. 

Neb. Rev. Stat. Ann. § 74-1340 (West 2021) 

Nevada (2) 

*§ 704.300. Railroad crossings: Powers of Commission; payment of expenses 

2. The Commission shall order that the cost of any elimination, removal, addition, change, 

alteration or betterment so ordered must be divided and paid in such proportion by the State, 

county, town or municipality and the railroad or railroads interested as is provided according to 

the circumstances occasioning the cost in NRS 704.305. 

3. If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 

1, all costs incurred by reason of the hearing, including, but not limited to, publication of notices, 

reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the 

governmental unit or units affected and 50 percent to the railroad or railroads. 

Nev. Rev. Stat. Ann. § 704.300 (West 2021) Excerpt from applicable section of statute 

published. 

§ 704.305. Railroad crossings: Apportionment of costs of construction, reconstruction and 

protective devices; maintenance of surface 

1. The entire cost of a new grade crossing or a new grade separation, including any automatic 

protection devices that may be required, where no existing grade crossing located at or in the 

immediate vicinity of the new grade crossing or grade separation structure is eliminated, shall be 

apportioned to and borne by the governmental unit or units affected if a governmental unit 

initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad. 

2. Where a new grade separation will directly result in the elimination of an existing grade 

crossing located at or in the immediate vicinity of the grade separation or an existing grade 

separation is reconstructed, 13 percent of the cost shall be apportioned to and borne by the 

railroad or railroads and the remainder of the cost shall be apportioned to and borne by the 

governmental unit or units affected. If a grade separation structure provides either more highway 

lanes or space for more highway lanes than are in place on the existing highway grade crossing 

being eliminated, the railroad share of cost shall be limited to 13 percent of the cost of 

constructing a grade separation structure having the same number of highway lanes that were in 

place on the highway prior to construction of the grade separation structure. 

7. On projects where federal funds are used, apportionment and division of costs shall be in 

accordance with federal law and the rules, regulations and orders of the federal agency 

administering such law to the extent that such law, rule or regulations and orders require a 

different apportionment of costs than is set forth in this section. The provisions of this section 
47 

may not otherwise be invoked on projects to the extent that such federal law, rules, regulations 

and orders are applicable. 

8. The provisions of this section impose no limitation upon the right of governmental units or 

railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by 

such agreement, the Commission shall order that costs be apportioned and borne in the manner 

provided by such agreement. 

Nev. Rev. Stat. Ann. § 704.305 (West 2021) Excerpt from applicable section of statute 

published. 

New Hampshire (3) 

§ 373:2 Reconstruction. 

Upon petition of a railroad, the selectmen of a town, or the mayor and council of a city, the 

department of transportation, after notice and hearing, may require a railroad (a) to separate the 

grades where a highway and railroad cross at grade or where a railroad crosses another railroad 

at grade, (b) to change the location of a highway or a railroad in order to avoid or improve a 

grade crossing or (c) to reconstruct or otherwise alter or improve any existing bridge or 

underpass and the approaches thereto in instances where separation of grades has been effected, 

or (d) to improve the approaches to any grade crossing so as to make them as nearly level as 

practicable where any such action is found necessary in the interest of safety to the railroad or 

the public. At any such hearing, the director of the division of motor vehicles shall sit and confer 

with the department of transportation in an advisory capacity in the determination of the 

necessity for such reconstruction and the apportionment of the cost of the same. 

N.H. Rev. Stat. Ann. § 373:2 (West 2021) 

§ 373:4 Consent of Department of Transportation. 

No railroad hereafter constructed shall cross another railroad, a highway or other way, at grade, 

unless the consent in writing of the department of transportation is first obtained. 

N.H. Rev. Stat. Ann. § 373:4 (West 2021) 

§ 373:22 Department of Transportation Hearing. 

Whenever, after hearing upon petition or upon its own motion, the department of transportation 

shall be of the opinion that the public safety requires the closing of any public or private crossing 

over a railroad, at grade or above or below such railroad, it shall order the same to be closed or 

shall make such order as in its opinion the public good may require, and it shall thereafter be the 

duty of the parties affected to comply therewith. 

N.H. Rev. Stat. Ann. § 373:22 (West 2021) 

New Jersey (13) 

§ 27:1A-62. Transfer of functions, powers and duties of board of public utility 

commissioners with respect to railroad grade crossings and bridges to commissioner and 

department of transportation 

The functions, powers and duties of the Board of Public Utility Commissioners with respect to 

elimination and regulation of railroad grade crossings and protective devices in connection 

therewith and the regulation of bridges or passages over or under any railroad or right-of-way 
48 

pursuant to R.S. 48:2-28, R.S. 48:2-29, and articles 10, 11 and 12 of chapter 12 of Title 48 of the 

Revised Statutes are transferred to and shall be exercised and performed by the Commissioner 

and Department of Transportation. 

N.J. Stat. Ann. § 27:1A-62 (West 2021) 

§ 27:7-14. Paving materials; width of roads; curves and crossings eliminated 

The state highways herein provided for shall be paved with granite, asphalt, or wood blocks, 

bricks, concrete, bituminous concrete, sheet asphalt or other pavement having a hard surface and 

of a durable character, but nothing in this chapter shall prevent the commissioner from 

maintaining roads heretofore improved with other materials or with their present or similar 

surfaces pending their paving with materials complying with this chapter. 

In all cases the width of the pavement shall be at least eighteen feet and the total width of the 

roadway shall be at least thirty feet, except at bridges, culverts, or grade crossings, where the 

roadway shall be of such width or widths as the commissioner may deem necessary and 

determine. 

All sharp turns and angles and railroad grade crossings shall be eliminated wherever practicable. 

N.J. Stat. Ann. § 27:7-14 (West 2021) 

§ 40:37-144. Contracts for elimination of grade crossings 

The commission may enter into contracts with any municipality within which are located lands 

of the commission, and with any railroad company whose road divides such lands, to permit and 

facilitate the construction and maintenance of other than grade crossings of park roads, 

parkways, public ways, streets, roads or avenues, or make more convenient the access to the park 

lands so divided by the right of way of the railroad company from one to the other, or otherwise 

to effectuate the purposes of sections 40:37-96 to 40:37-174 of this title. 

In connection therewith the commission may contract with such municipality to vacate ways, 

streets, roads or avenues, or portions thereof, which border upon, are bounded by, or are included 

within lands of the commission and to locate, lay out, open, curb, gutter, pave, repave, construct 

sidewalks on, or alter the lines and change the grade of public ways, streets, roads or avenues in 

the lands of the commission, as and where and in such manner as may be determined by the 

terms of the contact. For these purposes the commission may dedicate, by resolution, such part of 

its lands as may be necessary, to public use as a public way, road, street or avenue. 

The commission shall file with the county clerk, or register of deeds, as the case may be, a map 

of so much of the park or lands owned by it, and the environs as may be necessary to show the 

land intended to be dedicated for use as a public way, road, street or avenue. 

The cost and expenses of any such changes and improvements shall be borne by the commission, 

municipality and railroad company in such shares or proportions as may be provided in the 

contract. Any such municipality is hereby authorized to enter into and perform any such contract. 

N.J. Stat. Ann. § 40:37-144 (West 2021) 

§ 48:12-61. Authority of board of public utility commissioners; manner of elimination 

Whenever a public highway, other than a state highway and the tracks of a railroad, or of more 

than one railroad whose rights of way adjoin or are in such close proximity to each other as to be 

necessarily involved in one elimination project, cross each other at the same level, and it shall 

appear to the board of public utility commissioners that such crossing is or such crossings are 
49 

dangerous to public safety or that public travel on such highway is impeded thereby, the board 

may order the company or companies operating the railroad or railroads, within such time as the 

board may fix, to alter such crossing or crossings, according to plans to be approved by the 

board. 

Such alterations may be made: 

a. By substituting a crossing or crossings not at grade by carrying the highway under or over the 

railroad or railroads or by reconstructing the railroad or railroads under or over the highway; or 

b. By vacating, relocating or changing the lines, width, direction or location of the highway and 

the opening of a new highway in the place of the one vacated; or 

c. Where, in the judgment of the board, the owners of public or private property will be unduly 

injured by the elimination of the crossings, by relocating the tracks of the railroad or railroads. 

N.J. Stat. Ann. § 48:12-61 (West 2021) 

§ 48:12-64. Petition for removal of grade crossing; hearing; notice; determination 

Any railroad company or companies whose tracks cross or are crossed at grade by a public 

highway, or the body having charge of the finances of any municipality or county having 

jurisdiction over any such highway, may present to the board a petition in writing setting forth 

the facts upon which relief under sections 48:12-61 to 48:12-67 of this Title is sought, or the 

board may of its own motion proceed with respect to any such crossing or crossings. 

Thereupon the board shall fix a time and place for a hearing before it and shall order the railroad 

or railroads to give such notice thereof as it shall deem reasonable to the municipality or county 

and to the corporations, copartnerships or individuals interested therein. After such hearing the 

board shall determine or order what, if any, alterations to or changes in or connected with the 

crossing or crossings and public highway shall be made. 

N.J. Stat. Ann. § 48:12-64 (West 2021) 

*§ 48:12-68. Annual program by state highway department; maximum yearly expenditure 

The State Highway Department, before January 1 of each year, shall formulate a program, 

covering the work to be started or completed during the ensuing year, for the elimination of 

railroad crossings at grade on State highways, the improvement, relocation, alteration and 

reconstruction of crossings of railroads and State highways not at grade, and the location and 

construction of new crossings of railroads and State highways not at grade, where the 

construction of the new crossings of railroads and State highways not at grade result or will 

result in the closing, abandonment or combination of an existing grade crossing at or in the 

vicinity of the new State highway crossing. 

The aggregate estimated cost of the work in such annual program, in which railroad companies 

will share, shall not exceed $2,000,000.00. 

N.J. Stat. Ann. § 48:12-68 (West 2021) 

*§ 48:12-70. Division of cost between railroads and Highway Department 

The cost of the work to be shared by railroad companies and the State Highway Department 

provided for in any annual program, exclusive of the cost of the surface paving on roadways and 

the curbing, sidewalk paving and guardrails on approaches, which shall be constructed at the sole 

expense of the State, shall be borne and paid 5% by the railroad company or companies involved 

and 95% by the State. 
50 

N.J. Stat. Ann. § 48:12-70 (West 2021) 

*§ 48:12-71. Agreement for division of cost 

The State Highway Department and any railroad company or companies may enter into an 

agreement on the basis of the division of the cost, as provided by section 48:12-70 of this Title, 

covering the work in the annual program, or the elimination of any crossing at grade or the 

improvement, relocation, alteration or reconstruction of any crossing not at grade on any State 

highway, in addition to the work provided for in such program. 

N.J. Stat. Ann. § 48:12-71 (West 2021) 

*§ 48:12-72. Expense of certain crossings not at grade 

The State Highway Department shall bear the entire expense of locating and constructing all 

crossings of railroads and State highways not at grade to carry new highways over or under the 

railroads where the construction of such crossings does not result or will not result in the closing, 

abandonment or combination of an existing grade crossing at or in the vicinity of the new 

highway crossing. 

N.J. Stat. Ann. § 48:12-72 (West 2021) 

§ 48:12-76. Closing, abandoning or combining crossing 

In connection with the elimination of any crossing at grade, the improvement, relocation, 

alteration or reconstruction of any crossing not at grade, or the location and construction of any 

new crossing not at grade under sections 48:12-68 to 48:12-75 of this Title, the Board of Public 

Utility Commissioners on petition of the State Highway Department or of any railroad company 

affected or of any party in interest may close, abandon or combine any railroad crossing or 

crossings at grade of any State, county or municipal highway or highways, when the board shall 

determine that the public safety so requires or public convenience so permits and that by reason 

of said State highway construction or improvement the crossing is or the crossings are no longer 

necessary. 

N.J. Stat. Ann. § 48:12-76 (West 2021) 

§ 48:12-77. Sharing of expense of closing, abandoning or combining highway or crossing 

Where the total cost of work is to be borne by the State, the expense of closing, abandoning or 

combining any existing road or highway shall be borne solely by the railroad company or 

companies involved. 

Where the cost of construction of the new State highway crossing is divided between the State 

and the railroad company or companies involved, the cost of closing, abandoning or combining 

the existing crossing shall be borne 95% by the State and 5% by the railroad company or 

companies involved. 

N.J. Stat. Ann. § 48:12-77 (West 2021) 

§ 48:12A-21. Elimination or relocation of grade crossings 

(a) In connection with the improvement to capital facilities authorized by chapter 191, 

P.L.1962,1 to be undertaken by the Division of Railroad Transportation in the State Highway 

Department, the State Highway Department is hereby authorized to undertake, directly or by 
51 

contract, the entire expense of eliminating or relocating such highway and railroad crossings at 

grade as shall be necessary or desirable to carry out the purposes of said chapter 191. 

(b) To carry out the purpose of this act, the State Highway Department may expend such funds 

as are appropriated herein or otherwise provided for this purpose by law which funds shall be in 

addition to any funds heretofore authorized and appropriated to meet the public share of the cost 

of the improvements to capital facilities by chapter 191, P.L.1962. 

N.J. Stat. Ann. § 48:12A-21 (West 2021) 

§ 48:12-81. Contracts between county and railroad for elimination of grade crossings; 

street railways 

Where a public road maintained at county expense or controlled by the county is intersected by a 

railroad, the board of chosen freeholders of the county and the company owning or operating the 

railroad may enter into a contract to provide for the relocation of the public road and the 

relocation of the tracks of the railroad and to provide for such grades or changes in the grades of 

the public road and railroad as will facilitate the construction or maintenance of other than grade 

crossings upon the public road. 

For such purposes the board of chosen freeholders may locate, relocate or vacate and alter the 

lines and change the grades of the public road, construct sidewalks and pave, repave, gutter and 

otherwise improve the public road as part of the improvement. 

The railroad company may locate, relocate, change, alter grades of, depress or elevate any of its 

tracks, bridges or facilities, and construct new or additional tracks, as provided for in the 

contract. 

For the purposes above enumerated the county and the railroad company may take by purchase 

or condemnation any lands required for such improvements and may make such exchanges or 

conveyances of their respective lands or any interest therein as will facilitate the work. 

The cost and expense of any such lands, changes and improvements shall be borne by the county 

and the railroad company in such proportions as may be provided in the contract. 

Any company owning or operating a street railroad on the public road at such crossing or 

crossings may become a party to the contract. 

N.J. Stat. Ann. § 48:12-81 (West 2021) 

New Mexico (1) 

§ 63-3-37. Separation of grade crossing; determination; cost 

Whenever a state, county, municipal or other street or highway, including a highway that may be 

designated as a part of the federal aid highway system, which may be constructed or 

reconstructed in such manner that it crosses or intersects any railroad, the state transportation 

commission, or other governing body, may, if in its opinion it is practicable and reasonably 

necessary for the protection of the traveling public, separate the grades at such crossing and, if 

unable to agree with the railroad as to the grade separation and the method of accomplishing the 

separation, may apply to the district court of the county in which the separation is located by 

verified petition praying for the separation of grades at the crossing and shall accompany the 

petition with plans and specifications of the proposed grade separation. The procedure on the 

petition shall be the same as in ordinary civil action. If the court determines in such proceeding 

that the grade separation is practicable and reasonably necessary for the protection of the 

traveling public over the highway, it shall order the grade separation to be made, either in 
52 

accordance with the plans and specifications filed with the petition or in accordance with such 

modification of the plans and specifications as the court determines to be proper, and upon 

condition that the then existing grade crossing shall be closed to all forms of street or highway 

traffic upon the completion of the grade separation. The orders of court in such proceedings shall 

be enforced in the same manner as decrees in equity. When any separation of grades is made 

either by agreement or by court order, the railroad company shall pay not to exceed ten percent 

of the cost between the grade separation limits, provided that the then existing grade crossing 

shall be closed to all forms of street or highway traffic upon the completion of the grade 

separation and provided that where funds are made available for such purposes under the 

provisions of the act of congress known as 23 USCA 101 et seq., as amended and supplemented, 

the participation of the railroad company in the cost of construction and maintenance of any 

grade separation structure and the approaches thereto shall be in conformity with and subject to 

the provisions of that act. In cases where two or more railroads are located in such proximity to 

each other as to be involved in any single separation of grades, the portion of the cost of the 

grade separation shall be apportioned between the railroads either by agreement or in such 

manner as may be just by order of court in such proceeding. Whenever the plans and 

specifications for a grade separation, as finally fixed by agreement or order of court, provide for 

raising or lowering the grade of the railroad tracks, the cost shall be included in the cost of the 

grade separation. 

N.M. Stat. Ann. § 63-3-37 (West 2021) 

New York (8) 

§ 222. Applicability; general provisions of grade crossing elimination 

1. This article shall apply to all highway-railroad grade crossing eliminations the construction 

work for which is commenced on or after March first, nineteen hundred seventy-one, except that 

any such projects authorized pursuant to the provisions of the highway law may be constructed 

in accordance therewith. Construction commenced on highway-railroad grade crossing 

elimination projects before March first, nineteen hundred seventy-one pursuant to orders of the 

public service commission shall be completed in accordance with this article. 

2. The commissioner shall report not later than December first in each year to the governor, the 

chairman of the finance committee of the senate and the chairman of the ways and means 

committee of the assembly, the projects which have been completed during the preceding twelve 

months, those under construction, those ordered but upon which construction work has not been 

started, the amount expended on the completed and partially completed work, an estimate of the 

cost of work not completed and an estimate of the cost of eliminations ordered respecting which 

no expenditures have been made. 

3. The governing body of any municipality in which a highway-railroad grade crossing is located 

or any railroad company for any railroad operated by it which has railroad tracks that are crossed 

at grade by a highway may petition the commissioner to institute grade crossing elimination 

procedures pursuant to this article. The commissioner shall hold public hearings on any 

elimination requested by such petition which in his judgment warrants examination. Upon his 

own motion, the commissioner may investigate any other highway-railroad grade crossing which 

he determines should be considered for elimination. The commissioner, upon such notice as he 

shall deem reasonable to the municipality in which the highway-railroad grade crossing is 

located, the railroad company whose railroad tracks are crossed at grade by the highway and any 

other party deemed by the commissioner to be interested in the elimination procedure, shall hold 
53 

public hearings to consider any such elimination. The commissioner shall promulgate rules and 

regulations concerning the procedure to be followed at such hearings and the matters to be 

considered at such hearings. 

4. After the conclusion of such hearings, the commissioner shall, by order, determine whether it 

is in the public interest to require the elimination of such highway-railroad grade crossing. Any 

elimination order shall also determine the manner in which such elimination shall be made 

including a determination as to the alteration to be made in such crossing, its approaches, the 

method of crossing, the character of the structure and approaches, the type and extent of 

pavement, the location of the crossing, the closing and discontinuance of a crossing and the 

diversion of traffic from an existing crossing to an existing or a new highway, road, street or 

crossing, or the opening of an additional crossing and also including, if so determined by the 

commissioner, a change in the location of the railroad when necessary to effect the elimination of 

such crossing. Whenever the commissioner shall have, by order, determined that it is in the 

public interest to require the elimination of two or more grade crossings, and if it appears that the 

cost would not substantially exceed the cost of the eliminations at the present locations, and if 

the public interest is better served and the number of such eliminations could be reduced by 

relocating the railroad, the commissioner after a hearing may order such relocation. Such hearing 

shall be held upon such notice as the commissioner shall deem reasonable, but not less than ten 

days, to the railroad company involved. Notice shall also be given to the municipalities and 

persons deemed by the commissioner to be interested in the elimination procedure. The 

commissioner shall serve a certified copy of all orders on the comptroller, the railroad, the 

municipalities affected thereby and all other parties to the proceeding. 

5. In connection with a grade crossing elimination project, the commissioner shall determine the 

work on the railroad tracks or other railroad facilities which is to be performed by railroad 

company forces, shall direct the railroad company to perform such work and shall direct the 

railroad company to prepare plans and estimates of cost for such work and submit such plans and 

estimates to the commissioner for approval. 

6. After the commissioner shall have issued an elimination order in connection with a grade 

crossing elimination project, the department of transportation, except for the work on the railroad 

tracks or other railroad facilities to be performed by railroad company forces, shall cause to be 

prepared the plans, specifications and estimates of cost of such elimination project. Such plans 

shall specifically show that part of the work of the elimination which when completed shall be 

maintained by the railroad company and that part which shall be maintained by the state or the 

municipality in which the work of the elimination is located, as provided in the highway law 

where a state highway is involved and in the railroad law where a highway other than a state 

highway is involved, and such plans shall also show that part of the work of the elimination 

which shall be otherwise maintained. 

N.Y. Transp. Law § 222 (McKinney 2021) Excerpt from applicable section of statute published. 

§ 223. Expenses of elimination; approval and payment; costs of railroad improvements 

The expense of every highway-railroad grade crossing elimination project constructed pursuant 

to the provisions of this article, including incidental improvements connected therewith, as 

determined by the commissioner to be necessary or desirable because of the elimination and 

reasonably included in the plans for such elimination and railroad improvements not an essential 

part of the elimination but desired by the railroad company, shall be paid in the first instance out 

of the state treasury to the persons and corporations entitled thereto from time to time on 
54 

accountings and vouchers, approved by the commissioner, upon audit and warrant of the 

comptroller. Such expense shall be deemed to include any reasonable and necessary expenditures 

by a railroad company, state department, agency or commission, public authority or municipality 

and found by the commissioner to have been made in contemplation of the commencement of 

construction of an elimination project under the provisions of grade crossing elimination acts in 

effect on the date of enactment of this article. Where a railroad company, state department, 

agency or commission, public authority or municipality has been authorized to incur and has 

incurred any expense in connection with a highway-railroad grade crossing elimination, it shall 

file a statement thereof with the commissioner. The commissioner shall determine if such 

expenses are reasonable and necessary for the elimination or for incidental improvements made 

necessary or desirable thereby and, to the extent so determined, they shall be paid by the state to 

the party or parties entitled thereto and included in the cost of the project. 

There shall also be included in the cost of the project all expenses incurred by the commissioner 

in determining the cost of railroad improvements not an essential part of an elimination and in 

determining the amount of the net benefits to a railroad company from the elimination. Such 

expenses of the commissioner shall be paid out of the state treasury to the persons entitled 

thereto from time to time in accordance with a schedule approved by the director of the budget 

and on accountings and vouchers, approved by the commissioner, upon audit and warrant of the 

comptroller, and any moneys available for the payment of the cost of the elimination in 

connection with which such expenses are incurred shall be available for the payment of such 

expenses. 

Upon the completion and acceptance of the work of the elimination the commissioner shall hold 

a public hearing upon due notice to the railroad company affected by the project and all other 

interested parties and thereupon shall determine (1) the cost of such elimination including 

incidental improvements connected therewith; (2) the cost of such elimination exclusive of such 

incidental improvements; (3) the cost of the railroad improvements not an essential part of the 

elimination; (4) the amount of the net benefit to the railroad company from the elimination 

exclusive of such railroad improvements; and (5) if two or more railroad companies be affected, 

the proportionate share of such net benefit to be borne by each. 

The liability of any railroad company to the state for the cost of railroad improvements not an 

essential part of the elimination and for the amount of the net benefit to such company from the 

elimination may be compromised and settled by an agreement in writing with such company, 

entered into, on behalf of the state, by the commissioner with the written approval of the 

comptroller and the attorney-general. Such an agreement shall have the same effect as a 

determination by the commissioner hereinbefore provided for. The comptroller may require the 

accounts of the railroad companies, state departments, agencies or commissions, public 

authorities or municipalities having to do with expenditures made on account of highwayrailroad grade crossing elimination projects be kept in a manner to be prescribed by him. 

N.Y. Transp. Law § 223 (McKinney 2021) 

§ 227. Federal aid; receipt and expenditure 

The comptroller is hereby authorized to accept from the federal government or any department or 

agency thereof any moneys in any way granted, allocated or apportioned for the purpose of 

highway-railroad grade crossing eliminations or the reconstruction or repair of existing grade 

crossing separation structures and deposit them in accordance with existing federal or state law 

or rules or regulations applicable thereto and the same shall be available for the purposes 
55 

granted, allocated or apportioned. Such moneys shall be available to reimburse the state for its 

expenses in connection with a grade crossing elimination project including incidental 

improvements rendered necessary or desirable by such project. The expense of net benefit to be 

borne by the railroad company shall be the lesser of (1) the amount of net benefit determined by 

the commissioner in accordance with this act or (2) the difference between the cost of the project 

exclusive of incidental improvements and the amount of federal aid for the project exclusive of 

incidental improvements. State moneys made available for federal aid grade crossing elimination 

projects may be used in the first instance to pay the costs of said projects. 

N.Y. Transp. Law § 227 (McKinney 2021) 

*§ 359. Construction, reconstruction and improvement3. Highway and railroad grade crossings shall in general be separated by structures to be 

determined by the authority, and the authority is hereby authorized to combine or relocate 

intersecting highways, to adjust traffic to such grade separation structures, except that the grade 

crossing elimination structures involved in public service commission cases number fifty-four 

hundred seventy-two and nine thousand fifty-eight shall remain under the jurisdiction of such 

commission. The cost of all such structures, except such part as is otherwise payable, shall be 

borne by the authority. Telephone and telegraph wires, power transmission and gas, oil and water 

lines, conduits, cables of every kind and nature, which may be affected by thruway construction, 

reconstruction or improvement, may, in the discretion of the authority, be relocated in suitable 

facilities and the expense of such relocation and of installing such facilities shall be borne by the 

authority. The work of such relocation may be done by the owner of such wires, lines, conduits 

and cables, and the authority is hereby empowered to enter into an agreement with such owner 

for the performance of all or any part of the work of such relocations at the expense of the 

authority. 

N.Y. Pub. Auth. Law § 359 (McKinney 2021) Excerpt from applicable section of statute 

published. 

§ 63. Discontinuance of part of highway due to grade crossing elimination 

Whenever the commissioner of transportation shall determine that a state highway is affected by 

a side line or a new location by reason of the elimination of a highway-railroad crossing at grade 

pursuant to an order of the department of transportation, or by reason of the improvement or 

reconstruction of an existing railroad grade crossing, and as a result thereof a section of the said 

highway no longer serves a useful purpose as a part of the state highway system, he shall upon 

the completion and acceptance of the elimination work, make an official order that the said 

section of the highway including any and all bridges and culverts located thereon or immediately 

adjacent thereto, shall no longer be maintained by the state. If such section of highway or part 

thereof is located in an incorporated village, such section or part thereof including any bridge and 

culvert thereon, shall be maintained thereafter by the village in which such section or part thereof 

is located, excepting however that any bridge and culvert thereon, which were maintained by the 

town in which such village is located, before the improvement of the section by the state, shall be 

maintained by such town. If such section of highway was at the time of its improvement by the 

state on a county road, such section or as much thereof outside of the limits of an incorporated 

village, together with any bridge and culvert thereon, shall be maintained thereafter by the 

county or counties where it is located. The transfer of maintenance of a section of highway and 

of any bridge and culvert thereon to any county, town or village as herein provided shall become 
56 

effective upon the mailing of a certified copy of such official order to the clerk or clerks of the 

board or boards of supervisors of the county or counties, to the town clerk or clerks or to the 

clerk or clerks of the village or villages, as the case may be. 

N.Y. High. Law § 63 (McKinney 2021) 

§ 93-a. Maintenance and removal of highway-railroad crossing at grade 

The responsibility of a railroad corporation to maintain and keep in repair highway-railroad 

crossings at grade as provided by law shall not terminate upon the abandonment of the railroad 

or a portion thereof, but such responsibility with respect to state highways shall continue, unless 

otherwise agreed upon by the railroad corporation and the state, and with respect to highways 

other than state highways, shall continue unless otherwise agreed upon by the governing body, or 

its designee, of the municipality having jurisdiction over the highway. Such responsibility shall 

continue until the crossing at grade has been removed and the highway pavement restored by the 

railroad corporation and/or pursuant to agreement with the railroad corporation by the state or 

municipality having jurisdiction over the highway, to such usable condition as the commissioner 

or the municipality having jurisdiction over the highway, respectively, shall deem reasonable. 

Such responsibility to maintain and remove may be transferred with the approval of the 

commissioner, and shall thereafter pass to the transferee of the railroad corporation or successor 

in interest to the abandoned railroad right-of-way. If such approval is not obtained, the 

responsibility for maintenance and removal shall continue with the railroad. Upon failure to 

remove abandoned railroad facilities at a highway-railroad crossing at grade within one year 

after the date of the abandonment by the railroad corporation, the municipality having 

jurisdiction over the highway may petition the commissioner for an order to compel removal. 

The commissioner upon receipt of such a petition, or on its own motion with respect to state 

highways, shall serve notice upon the party responsible for the removal of the highway-railroad 

crossing at grade that a hearing, at a specified date, will be held to determine whether the 

highway-railroad crossing at grade should be removed. After conclusion of such hearings, the 

commissioner shall, by order, determine whether it is in the public interest to require removal of 

the crossing at grade. If the commissioner determines that the crossing at grade should be 

removed, the order shall direct such removal and describe the manner of removal and the party 

responsible for such removal and may establish a penalty for non-compliance with such order at 

a sum equalling the actual cost, considering salvage, of such removal to be paid to the state with 

respect to state highways or to the municipality having jurisdiction over the highway with respect 

to highways other than state highways. Any funds so paid shall be utilized to effect such 

removal. Any person aggrieved by such decision, and who was a party to said proceeding, may 

within sixty days after the service of such decision appeal therefrom to the appellate division of 

the supreme court in the department in which such crossing is located, and to the court of 

appeals, in the same manner and with like effect as is provided in the case of appeals from an 

order of the supreme court. 

N.Y. R.R. Law § 93-a (McKinney 2021) 

§ 94. Performance of work; division of expenses; accounting; claims for damages; valuation 

1. Whenever under section eighty-nine a new railroad is constructed across an existing highway, 

the expense of crossing above or below the grade of the highway including any expense incurred 

in altering or changing the highway under a determination of the commissioner of transportation 

shall be paid entirely by the railroad corporation. 
57 

2. Whenever under section ninety a new street, avenue, highway or road or new portion or 

additional lane of a street, avenue, highway or road is constructed across an existing railroad, the 

railroad corporation shall pay one-half and the municipal corporation having jurisdiction over 

such street, avenue, highway, or road or new portion or additional lane of a street, avenue, 

highway or road shall pay the remaining one-half. However, where such new street, avenue, 

highway or road or new portion or additional lane of a street, avenue, highway or road crosses a 

navigable stream or water adjacent to or near an existing railroad, which crossing of such 

navigable stream or water by a bridge or tunnel necessarily increases the height above or the 

depth below the crossing of such railroad or the length of the approaches to such bridge or 

tunnel, the railroad corporation shall pay such part or portion of the expense of making such 

crossing above or below the grade of the railroad as may be agreed to between the railroad 

corporation and the municipal corporation having jurisdiction over such street, avenue, highway 

or road or new portion or additional lane of a street, avenue, highway or road, and such 

municipal corporation shall bear and pay the remaining part of such expense. In case of the 

failure or inability of the railroad corporation and the municipal corporation to agree upon the 

part or portion of such expense to be paid by the railroad corporation, the railroad corporation 

shall pay such part or portion of the expense of making such crossing above or below the grade 

of the railroad as the commissioner of transportation shall, after a hearing on at least ten days' 

notice to the railroad corporation, fix and determine, which shall be one-half of the cost as 

estimated of a bridge or structure and its approaches that would be required if such navigable 

stream or water did not so intervene as to affect the height or depth of such bridge or structure or 

the length of the approaches thereto to carry such street, avenue, highway or road or new portion 

or additional lane of such street, avenue, highway or road or new such railroad, and the 

municipal corporation shall bear and pay the remaining part of such expense. 

3. Whenever a change is made to an existing crossing other than a change made to an existing 

structure in accordance with the provisions of section ninety-one, fifty per centum of the expense 

thereof shall be borne by the railroad corporation and twenty-five per centum by the municipal 

corporation and twenty-five per centum by the state; except that whenever an existing crossing 

other than an existing structure in which a change is made under section ninety-one, is located 

wholly or partly within an incorporated village having not to exceed twelve hundred inhabitants, 

the portion of expense herein required to be borne by the municipal corporation shall be borne by 

the town or towns in which such crossing is situated. The expense of every change made in an 

existing structure in accordance with and ordered pursuant to the provisions of section ninetyone shall be borne eighty-five per centum by the state, and fifteen per centum by the municipal 

corporation. Provided, however, that a county may contribute funds to a city, town or village 

towards its fifteen per centum share of the cost of reconstructing a railroad bridge whether or not 

the road, of which the bridge is a part is under the jurisdiction of a city, village, town or county 

and regardless of who performs the work. 

4. Whenever in carrying out sections ninety or ninety-one, two or more lines of steam surface 

railroad, owned and operated by different corporations cross a highway at a point where a change 

in grade is made, each corporation shall pay such proportion of fifty per centum of the expense 

thereof as shall be determined by the commissioner of transportation. 4-a. If moneys of the 

federal government are or may reasonably be expected to be available for the purposes of this 

subdivision, the commissioner of transportation is authorized to use such moneys to implement 

this subdivision. Within and to the extent of funds appropriated by the Legislature for the state's 

share of the cost, the commissioner of transportation may authorize or direct a railroad 
58 

corporation or the department of transportation to install grade crossing facilities and 

appurtenances, which shall include but not be limited to protective devices and crossing surfaces, 

the cost of which including all accessories, labor and material shall be borne not more than ten 

per centum by the state and ninety per centum or more with use of the federal moneys. 

Installations so authorized or directed shall be completed by the department of transportation or 

the railroad corporation or corporations involved. Upon approval by the commissioner of 

transportation of the completed project by the railroad corporation or corporations, 

reimbursement of the state and federal shares of the cost thereof shall be effected by the 

comptroller upon vouchers approved by the commissioner. Whenever in carrying out the 

provisions of this subdivision, two or more lines of railroad owned and operated by different 

corporations cross a highway at a point where such installation is made, each corporation or the 

department of transportation shall perform such portion of the work as shall be determined by the 

commissioner of transportation. Such crossing facilities and appurtenances shall be maintained 

and operated by and at the expense of the railroad corporation or corporations. In the event that 

state funds appropriated for the purposes of this subdivision are inadequate or are fully 

committed or exhausted, the authority herein contained shall not be deemed to restrict, limit or 

supersede the authority of the commissioner of transportation to order such installations under 

and pursuant to subdivision one of section fifty-three of this chapter. 

5. In carrying out sections eighty-nine, ninety and ninety-one the commissioner of transportation 

shall cause to be prepared or may direct the municipal corporation or the railroad corporation to 

prepare plans, specifications and estimates of cost for the work. Plans, specifications and 

estimates of cost for the work prepared by the municipal corporation or the railroad corporation 

shall be submitted to the commissioner of transportation for his approval. The work shall be 

performed by the municipal corporation, the railroad corporation or the department of 

transportation as the commissioner of transportation shall direct. In all cases, except where the 

entire expense is paid by the railroad corporation, the expense of construction shall be paid in the 

first instance by the party directed by the commissioner of transportation to progress the work 

and the expense of acquiring lands, rights or easements shall be paid in the first instance by the 

party directed by the commissioner of transportation, or otherwise required by this chapter, to 

acquire such lands, rights or easements. When a municipal corporation or railroad corporation 

has been directed or authorized to take competitive bids for all or a portion of the work, it shall, 

prior to the award of a contract therefor, submit to the commissioner of transportation a 

tabulation of bids received, together with a recommendation for award, and if he concurs with 

the recommendation, he shall approve such award and submit the tabulation and 

recommendation to the state comptroller for his approval. If the commissioner of transportation 

does not concur with such recommendation or determines that the bids are excessive, he may 

require that the work be rebid. Work which the municipal corporation or the railroad corporation 

is directed to perform shall be subject to the supervision and approval of the commissioner of 

transportation. All work performed by the department of transportation, the municipal 

corporation or their agents upon or affecting railroad property, right of way or facilities shall be 

subject to the supervision and approval of the railroad corporation. No work upon or affecting 

railroad property, right of way or facilities shall be performed without the approval of the 

railroad corporation. The commissioner of transportation may employ temporarily such experts 

and engineers as may be necessary properly to supervise any work that may be undertaken under 

sections eighty-nine, ninety and ninety-one, the expenses thereof to be paid by the comptroller 

upon the requisition and certificate of the commissioner of transportation and included in the cost 
59 

of the project and finally apportioned in the manner provided in this section. Upon the 

completion of work undertaken pursuant to section eighty-nine, ninety or ninety-one, the 

commissioner of transportation shall cause the same to be inspected and if he approves, accept 

the work and make an order certifying its completion. 

6. Upon the completion of the work and its approval by the commissioner of transportation an 

accounting shall be had between the railroad corporation and the municipal corporation or the 

commissioner of transportation of the amount expended by each with interest, and if it shall 

appear that the railroad corporation or the municipal corporation or the commissioner of 

transportation has expended more than its or his proportion of the expense of the crossing as 

herein provided a settlement shall be forthwith made in accordance with this section. At any time 

after the work has commenced the commissioner of transportation may, upon its own motion or 

upon the petition of the railroad corporation or of any municipality interested, make an order for 

an intermediate settlement and direct payments to be made in connection therewith as in this 

section provided for a final accounting. All items of expenditures shall be verified under oath. In 

case of a dispute between the railroad corporation and the municipal corporation as to the 

amount expended which dispute does not involve the nature or character of the work performed, 

any judge of the supreme court in the judicial district in which the municipality or the state or 

county highway is situated may appoint a referee to take testimony as to the amount expended, 

and the confirmation of the report of the referee shall be final. In the event of the failure or 

refusal of the railroad corporation to pay its proportion of the expense, the same with interest 

from the date of such accounting may be levied and assessed upon the railroad corporation and 

collected in the same manner that taxes and assessments are now collected by the municipal 

corporations within which the work is done; and in the event of failure or refusal of the 

municipal corporation to pay its proportion of the expense an action may be maintained by the 

railroad corporation for the collection of the same with interest from the date of such accounting, 

or the railroad corporation may offset such amount with interest against any taxes levied or 

assessed against it or its property by such municipal corporation. 

7. In the event of the appropriation made by the state in any one year being insufficient to pay the 

state's proportion of the expense of any change that may be ordered the first payment from the 

appropriation of the succeeding year shall be on account of said change, and no payment shall be 

made on account of any subsequent change that may be ordered, nor shall any subsequent change 

be ordered, until the obligation of the state on account of the first named change in grade has 

been fully discharged, unless the same shall be provided for by an additional appropriation to be 

made by the legislature. The state's proportion of the expense of changing any existing grade 

crossing or the structure of any existing crossing above or below grade shall be paid from the 

state treasury on the audit and warrant of the comptroller, to which shall be appended the 

certificate of the commissioner of transportation to the effect that the work has been properly 

performed and a statement showing the situation of the crossing or structure that has been 

changed, the total cost and the proportionate expense thereof; and the money shall be paid in 

whole or in part to the railroad corporation or to the municipal corporation as the commissioner 

of transportation may direct, subject, however, to the rights of the respective parties as they 

appear from the accounting or intermediate accounting to be had as hereinbefore provided for. 

8. No claim for damages to property on account of the change or elimination of any crossing or 

change in structure or approaches under this article shall be allowed unless notice of such claim 

is filed with the commissioner of transportation within six months after completion of the work 

necessary for such change or elimination. 
60 

9. Upon the acquisition of any railroad by the public, under the right of eminent domain or by 

and under any statute providing for the acquisition, use or operation thereof, any and all sums of 

money paid and contributed by the state or any political subdivision thereof toward the expense 

of constructing new crossings as in this article provided, shall be credited, allowed and deducted 

in determining the value of such property or the basis of computing or allowing compensation 

therefor. 

10. In carrying out sections eighty-nine, ninety, and ninety-one, if a railroad corporation, state 

department, agency or commission, public authority or municipal corporation in which the work 

is located, desires to make or cause to have made changes or additions which in the opinion of 

the commissioner of transportation are not necessary to accomplish the work, such changes or 

additions may be embodied in an order containing findings specifying such changes or additions. 

Such order shall state an estimated cost of such desired changes or additions and the portions 

therefore chargeable respectively to the railroad corporation or state department, agency or 

commission, public authority or municipal corporation. Before any contract is let the state 

department, agency or commission, public authority or municipal corporation shall certify to the 

commissioner of transportation that the necessary funds are available. 

11. Notwithstanding any conflicting provisions of this chapter, a railroad and a municipal 

corporation having jurisdiction may mutually agree as to the allocation of their proportion of the 

expenses of: construction and reconstruction of a new street, avenue, highway or road or new 

portion or additional lane of a street, avenue, highway or road, or county highway or county road 

deviating from the line of an existing street, avenue, highway or road to be constructed at, above, 

or below grade, across a steam surface railroad, including the cost of the installation of automatic 

flashing light signals with automatic gates or automatic flashing light signals alone and all 

accessories, appurtenances and circuits; or the alteration in the manner which a railroad crosses 

or is crossed by a street, avenue, highway or road at, above, or below grade, including, its 

approaches, the method of crossing, the location of the crossing, a change in the existing 

structure by which such crossing is made, the closing and discontinuance of a crossing and the 

diversion of the travel thereon to another street, avenue, highway, road or crossing, or if not 

practicable to change such crossing from grade, below grade or above grade or to close or 

discontinue the same, the opening of an additional crossing for the partial diversion of travel 

from the grade, below grade or above grade crossing, and including the cost of the installation, 

alteration or relocation of automatic flashing light signals with automatic gates or automatic 

flashing light signals alone, and all accessories, appurtenances and circuits, whether in 

connection with such construction or otherwise. 

The agreement shall not be entered into until a public hearing has been held by the governing 

body of the municipal corporation involved. Notice of the hearing shall be published at least 

once in at least one newspaper having a general circulation within the municipal corporation. 

The notice shall specify the time when and the place where the hearing will be held, and describe 

in general terms the proposed agreement. The first publication shall be at least ten days prior to 

the day specified for the hearing. 

N.Y. R.R. Law § 94 (McKinney 2021) 

§ 95. Proceedings by commissioner of transportation for alteration of existing crossings 

The commissioner of transportation may, in the absence of any application therefor, when in his 

opinion public interest requires an alteration in an existing grade crossing or a change in any 

existing structure above or below grade, institute proceedings on his own motion for any 
61 

alteration in an existing grade crossing or structure for which a municipal corporation may 

petition under section ninety-one, upon such notice as he shall deem reasonable, of not less than 

ten days however, to the railroad company, the municipal corporation and the person or persons 

interested, and proceedings shall be conducted as provided in section ninety-one. 

Notwithstanding any other provision of law the commissioner of transportation shall not, within 

areas which were within the jurisdiction of the transit commission on March thirty-first, nineteen 

hundred forty-three, order the elevation of any railroad running longitudinally on a right-of-way 

in, upon or along a street, avenue, highway or road without the concurrent approval of the local 

authorities of the city on which the railroad or such part thereof is located. The changes in 

existing grade crossings or structures authorized or required by the commissioner of 

transportation in any one year shall be so distributed and apportioned over and among the 

railroads and the municipalities of the state as to produce such equality of burden upon them for 

their proportionate part of the expenses as herein provided for as the nature and circumstances of 

the cases before it will permit. 

N.Y. R.R. Law § 95 (McKinney 2021) 

North Carolina (4) 

*§ 136-18. Powers of Department of Transportation

The Department of Transportation is vested with the following powers: 

(11) To regulate, abandon, and close to use grade crossings on any road designated as part of the 

State highway system, and whenever a public highway has been designated as part of the State 

highway system and the Department of Transportation, in order to avoid a grade crossing or 

crossings with a railroad or railroads, continues or constructs the road on one side of the railroad 

or railroads, the Department of Transportation may abandon and close to use the grade crossings; 

and whenever an underpass or overhead bridge is substituted for a grade crossing, the 

Department of Transportation may close to use and abandon the grade crossing and any other 

adjacent crossing. 

N.C. Gen. Stat. Ann. § 136-18 (West 2021) Excerpt from applicable section of statute published. 

§ 136-20. Elimination or safeguarding of grade crossings and inadequate underpasses or 

overpasses

(a) Whenever any road or street forming a link in or a part of the State highway system, whether 

under construction or heretofore or hereafter constructed, shall cross or intersect any railroad at 

the same level or grade, or by an underpass or overpass, and in the opinion of the Secretary of 

Transportation such crossing is dangerous to the traveling public, or unreasonably interferes with 

or impedes traffic on said State highway, the Department of Transportation shall issue notice 

requiring the person or company operating such railroad to appear before the Secretary of 

Transportation, at his office in Raleigh, upon a day named, which shall not be less than 10 days 

or more than 20 days from the date of said notice, and show cause, if any it has, why such 

railroad company shall not be required to alter such crossing in such way as to remove such 

dangerous condition and to make such changes and improvements thereat as will safeguard and 

secure the safety and convenience of the traveling public thereafter. Such notice shall be served 

on such railroad company as is now provided by law for the service of summons on domestic 

corporations, and officers serving such notice shall receive the same fees as now provided by law 

for the service of such summons. (b) Upon the day named, the Secretary of Transportation shall 
62 

hear said matter and shall determine whether such crossing is dangerous to public safety, or 

unreasonably interferes with traffic thereon. If he shall determine that said crossing is, or upon 

the completion of such highway will be, dangerous to public safety and its elimination or 

safeguarding is necessary for the proper protection of the traffic on said State highway, the 

Secretary of Transportation shall thereupon order the construction of an adequate underpass or 

overpass at said crossing or he may in his discretion order said railroad company to install and 

maintain gates, alarm signals or other approved safety devices if and when in the opinion of said 

Secretary of Transportation upon the hearing as aforesaid the public safety and convenience will 

be secured thereby. And said order shall specify that the cost of construction of such underpass 

or overpass or the installation of such safety device shall be allocated between the railroad 

company and the Department of Transportation in the same ratio as the net benefits received by 

such railroad company from the project bear to the net benefits accruing to the public using the 

highway, and in no case shall the net benefit to any railroad company or companies be deemed to 

be more than ten percent (10%) of the total benefits resulting from the project. The Secretary of 

Transportation shall be responsible for determining the proportion of the benefits derived by the 

railroad company from the project, and shall fix standards for the determining of said benefits 

which shall be consistent with the standards adopted for similar purposes by the United States 

Bureau of Public Roads under the Federal-Aid Highway Act of 1944. 

(c) Upon the filing and issuance of the order as hereinbefore provided for requiring the 

construction of any underpass or overpass or the installation and maintenance of gates, alarm 

signals or other safety devices at any crossing upon the State highway system, it shall be the duty 

of the railroad company operating the railroad with which said public road or street intersects or 

crosses to construct such underpass or overpass or to install and maintain such safety device as 

may be required in said order. The work may be done and material furnished either by the 

railroad company or the Department of Transportation, as may be agreed upon, and the cost 

thereof shall be allocated and borne as set out in subsection 

(b) hereof. If the work is done and material furnished by the railroad company, an itemized 

statement of the total amount expended therefor shall, at the completion of the work, be 

furnished the Department of Transportation, and the Department of Transportation shall pay such 

amount to the railroad company as may be shown on such statement after deducting the amount 

for which the railroad company is responsible; and if the work is done by the Department of 

Transportation, an itemized statement of the total amount expended shall be furnished to the 

railroad company, and the railroad company shall pay to the Department of Transportation such 

part thereof as the railroad company may be responsible for as herein provided; such payment by 

the railroad company shall be under such rules and regulations and by such methods as the 

Department of Transportation may provide. 

(d) Within 60 days after the issuance of the order for construction of an underpass or overpass or 

the installation of other safety devices as herein provided for, the railroad company against 

which such order is issued shall submit to the Department of Transportation plans for such 

construction or installation, and within 10 days thereafter said Department of Transportation, 

through its chairman of the Department of Transportation, shall notify such railroad company of 

its approval of said plan or of such changes and amendments thereto as to it shall seem advisable. 

If such plans are not submitted to the Department of Transportation by said railroad company 

within 60 days as aforesaid, the chairman of the Department of Transportation shall have plans 

prepared and submit them to the railroad company. The railroad company shall within 10 days 

notify the chairman of the Department of Transportation of its approval of the said plans or shall 
63 

have the right within such 10 days to suggest such changes and amendments in the plans so 

submitted by the chairman of the Department of Transportation as to it shall seem advisable. The 

plans so prepared and finally approved by the chairman of the Department of Transportation 

shall have the same force and effect, and said railroad company shall be charged with like 

liability, and said underpass or overpass shall be constructed or such safety device installed in 

accordance therewith, as if said plans had been originally prepared and submitted by said 

railroad company. If said railroad company shall fail or neglect to begin or complete the 

construction of said underpass or overpass, or the installation of such safety device, as required 

by the order of the Secretary of Transportation, said Secretary of Transportation is authorized 

and directed to prepare the necessary plans therefor, which plans shall have the same force and 

effect, and shall fix said railroad company with like liability, as if said plans had been originally 

prepared and submitted by said railroad company, and the Department of Transportation shall 

proceed to construct said underpass or overpass or install such safety device in accordance 

therewith. An accurate account of the cost of said construction or installation shall be kept by the 

Department of Transportation and upon the completion of such work a statement of that portion 

thereof chargeable to such railroad company as set out in the order of the Department of 

Transportation shall be rendered said railroad company. Upon the failure or refusal of said 

company to pay the bill so rendered, the Department of Transportation shall recover the amount 

thereof by suit therefor against said company in the Superior Court of Wake County: Provided, 

that the payment by such railroad company of said proportionate part may be made under such 

rules and regulations and by such methods as the Department of Transportation may provide. If 

the Department of Transportation shall undertake to do the work, it shall not obstruct or impair 

the operation of the railroad and shall keep the roadbed and track safe for the operation of trains 

at every stage of work. If said railroad company shall construct such underpass or overpass or 

shall install such safety devices in accordance with the order of the Secretary of Transportation, 

the proportionate share of the cost thereof as set out in subsection (b) hereof shall upon the 

completion of said work be paid to the railroad company by the Department of Transportation. 

The Department of Transportation may inspect and check the expenditures for such construction 

or installation so made by the railroad company and an accurate account of the cost thereof shall 

upon the completion of said work be submitted to the Department of Transportation by the 

railroad company. If the Department of Transportation shall neglect or refuse to pay that portion 

of the cost of said construction or installation chargeable to it, the railroad company shall recover 

the amount thereof by suit therefor against the Department of Transportation in the Superior 

Court of Wake County. 

(e) If any railroad company so ordered by the Secretary of Transportation to construct an 

underpass or overpass or to install safety devices at grade crossings as hereinbefore provided for 

shall fail or refuse to comply with the order of the Secretary of Transportation requiring such 

construction or installation, said railroad company shall be guilty of a Class 3 misdemeanor and 

shall only be fined not less than fifty dollars ($50.00) nor more than one hundred dollars 

($100.00) in the discretion of the court for each day such failure or refusal shall continue, each 

said day to constitute a separate offense. 

(f) The jurisdiction over and control of said grade crossings and safety devices upon the State 

highway system herein given the Department of Transportation shall be exclusive. 

N.C. Gen. Stat. Ann. § 136-20 (West 2021) Excerpt from applicable section of statute published. 

§ 136-195. To regulate crossings and to abolish grade crossings 
64 

The Department may require the raising or lowering of any tracks or roadway at any grade 

crossing in a road or street not forming a link in or part of the State highway system and 

designate who shall pay for the same by partitioning the cost of said work and the maintenance 

of such crossing among the railroads and municipalities interested in accordance with the 

formula provided for grade crossing alterations or eliminations on the State highway system in 

G.S. 136-20(b). 

N.C. Gen. Stat. Ann. § 136-195 (West 2021) 

§ 160A-298. Railroad crossings 

(d) A city shall have authority to require that a grade crossing be eliminated and replaced by a 

railroad bridge or by a railroad underpass, if the council finds as a fact that the grade crossing 

constitutes an unreasonable hazard to vehicular or pedestrian traffic. In such event, the city shall 

bear ninety percent (90%) of the costs and the railroad company shall bear ten percent (10%) of 

the costs. If the city constructs a new street which requires a grade separation and which does not 

replace an existing street, the city shall bear all of the costs. If a railroad company constructs a 

new track across at grade, or under, or over an existing street, the railroad company shall pay the 

entire cost thereof. The city shall pay the costs of maintaining street bridges which cross over 

railroads. Railroad companies shall pay the cost of maintaining railroad bridges over streets, 

except that cities shall pay the costs of maintaining street pavement, sidewalks, street drainage, 

and street lighting where streets cross under railroads. 

N.C. Gen. Stat. Ann. § 160A-298 (West 2021) Excerpt from applicable section of statute 

published. 

North Dakota (2) 

§ 24-01-17. Grade crossing elimination 

The director has the authority to contract, on an equitable basis with any railway company, and 

to let all the necessary contracts for the construction of bridges, underpasses, and approaches 

necessary for the separation of grades at points of intersection between railroads and the state 

highways. 

N.D. Cent. Code Ann. § 24-01-17 (West 2021) 

§ 24-09-10. Changing or closing railroad crossing--Power of public service commission--

Hearing 

It is in the interest of public safety to eliminate unnecessary railroad grade crossings whenever 

reasonable access can be safely provided at another crossing. Whenever it is desired, either by 

the public officials having the necessary authority or by the railway company operating the 

railroad, to establish, vacate, or relocate any crossing of a public highway and a railroad, or to 

separate grades, and an agreement cannot be reached between the public official and the railway 

company, either as to the necessity for establishing, vacating, or relocating a crossing or for 

separating grades, as to place, manner of construction, or a reasonable division of the expense, 

either party may file a petition with the commission, setting forth the facts and submitting the 

matter to it for determination. The commission, after giving notice as it shall deem reasonable, 

shall conduct a hearing and shall issue its order determining whether there should be an 

establishment, vacation, or relocation of the crossing in question, or a separation of grades, and 

dividing the expense of the establishment, relocation, or separation of grades. Irrespective of the 
65 

establishment, relocation, or the consideration of further reasonable protection of a crossing, if 

the commission finds any railroad crossing to be unnecessary or unsafe, it shall order the 

crossing closed after reasonable notice and hearing. Whenever a final order is entered vacating or 

closing a crossing, it must be vacated or closed at the railroad company's expense. 

N.D. Cent. Code Ann. § 24-09-10 (West 2021) 

Ohio (6) 

§ 4957.01 Alteration or elimination of grade or other crossings 

If the legislative authority of a municipal corporation in which a railroad and a street or other 

public highway cross each other at a grade or otherwise, or the board of county commissioners of 

a county in which a railroad and a public road or highway cross each other at grade, and the 

board of directors of the railroad company are of the opinion that the security and convenience of 

the public require alterations in such crossing, the approaches to such crossing, the location of 

the railroad or public way, or the grades thereof, so as to avoid a crossing at grade, or that such 

crossing should be discontinued with or without building a new way in substitution for it, and if 

they agree as to the alterations they may be made as provided in sections 4957.02 to 4957.09, 

inclusive, of the Revised Code. The board of county commissioners of a county has the same 

powers with respect to that part of a state, county, or township road which lies within the limits 

of a municipal corporation as are conferred upon municipal corporations to alter, or require to be 

altered, any railroad crossings, or to require any improvement in connection with them to be 

made, and to apportion the cost thereof between the county and such railroad as is provided in 

sections 4957.10 to 4957.26, inclusive, of the Revised Code. 

Ohio Rev. Code Ann. § 4957.01 (West 2021) 

§ 5523.01 Relocation to eliminate grade crossing

For the purpose of eliminating one or more existing grade crossings on any road or highway on 

the state highway system or any extension thereof, the director of transportation may relocate 

any portion of a road or highway on the system or any portion of any extension thereof; or the 

director may raise or lower the grade of any road or highway on the system or of any extension 

thereof, above or below the existing tracks of a railroad and parallel and adjacent interurban 

railways and require any company owning, operating, managing, or controlling a railroad and 

any company owning, operating, managing, or controlling an interurban railway parallel and 

adjacent to such railroad to raise or lower the grade of its tracks above or below the grade of any 

highway on the state highway system, or on any extension of the system, and may construct 

ways or crossings for such highway or extension thereof above the tracks of any railroad and 

parallel and adjacent interurban railway, or require such company owning, operating, controlling, 

or managing any such railroad and any such parallel and adjacent interurban railway to construct 

ways or crossings for such highway or extension to be passed under its tracks, whenever, in the 

opinion of the director, the raising or lowering of any such railroad and parallel and adjacent 

interurban railway tracks, or the raising, lowering, or construction of such highway or extension 

is necessary, upon the terms of sections 5523.01 to 5523.20 of the Revised Code.

Ohio Rev. Code Ann. § 5523.01 (West 2021) 

§ 5523.02 Elimination of grade crossings 
66 

When it is necessary, in the elimination of existing grade crossings, to change the location of any 

highway on the state highway system or any extension of the system, the director of 

transportation may relocate the highway or any part thereof, or the extension or any part thereof, 

and may vacate the whole or any portion of such highway or extension no longer needed by 

reason of such relocation, and cause the improvement contemplated to be placed in the relocated 

highway or extension. In the relocation of any such highway, the portion of the highway within 

the limits of the right-of-way of railroad companies participating in the cost of the improvement 

shall be vacated and closed to the public upon the opening of the relocated portion of the 

highway or extension to the public. The director at such time shall declare the relocated highway, 

or portion or extension thereof, open to travel, and the portion of such highway no longer 

needed, including grade crossings over any steam, electric, or other railroad proposed to be 

eliminated, the director shall declare vacated and closed to the public. The director shall transmit 

a certified copy of the declaration to the companies affected, and upon receipt thereof, such 

companies may erect fences or other barriers barring the public from use of the crossings. The 

director shall file a certified copy of the declaration with the board of county commissioners of 

any county in which any part of the project is located. 

Ohio Rev. Code Ann. § 5523.02 (West 2021) 

§ 5523.03 Journal entry of grade crossings; hearing; findings 

The director of transportation, in a grade crossing elimination, shall proceed by issuing a finding 

and order, setting out a full written description of the existing grade crossing that is proposed to 

be abolished, showing its location, the reasons that tend to make its elimination necessary, the 

names of the companies owning, operating, controlling, or managing such railroads or interurban 

railways, the manner in which it is contemplated the proposed improvement should be 

accomplished, and the proposed relocation of the highway or extension if any relocation is to be 

made. In this finding and order the director shall fix a time and place for the holding of a hearing 

as to the necessity and expediency of the proposed improvement, and shall serve a copy of the 

finding and order on such companies at least thirty days prior to the time fixed for hearing. The 

director may adjourn the hearing as the director sees fit. Service shall be made by the sheriff of 

the county within which the crossing involved is located, in the same manner as is provided for 

the service of summons in civil actions, or by registered mail as determined by the director. 

If, when the hearing is held, the director is of the opinion that the proposed improvement is or is 

not reasonably necessary and expedient, the director shall so find and order and issue such a 

finding and order. 

A finding and order that the proposed improvement is not reasonably necessary and expedient 

shall not prevent a future hearing for the same purpose, involving the same crossing. 

Ohio Rev. Code Ann. § 5523.03 (West 2021) 

§ 5523.20 Grade separation when highway is adjacent to or near a railroad 

When a state highway or an extension or relocation thereof is parallel, adjacent, or near to a 

railroad, and the director of transportation deems it necessary to separate the grades of any 

intersecting highway, road, or street with such highway, extension, or relocation thereof, but 

which separation of grades should not, in the opinion of the director, be accomplished without 

eliminating an adjacent grade crossing over the tracks or reconstructing an existing separated 

crossing over or under the tracks of the railroad on such intersecting highway, road, or street, 

then the director may proceed with such proposed improvement, providing federal aid highway 
67 

funds are used to pay costs involved, in whole or in part, including the elimination of the grade 

crossing over the tracks of such railroad, or the reconstruction of such existing separated crossing 

over or under such tracks, paying construction costs and acquiring and paying for property and 

rights therein as provided for in section 5531.02 of the Revised Code. Unless otherwise agreed 

upon, costs of the improvements to be borne by the railroad shall not be in excess of the amount 

or percentage set forth in an act of congress authorizing or appropriating federal aid highway 

funds, or other federal funds for highway purposes, which are used to finance the cost of the 

improvement in whole or in part. 

Ohio Rev. Code Ann. § 5523.20 (West 2021) 

§ 5531.03 Acceptance of federal funds for elimination of grade crossings 

The director of transportation may accept any allotment of funds by the United States or any 

department or agency thereof, as appropriated under the “emergency relief appropriation act of 

1935,” 49 Stat. 115, or by the act of congress approved July 11, 1916, entitled “An act to provide 

that the United States shall aid the states in the construction of rural post roads and for other 

purposes,” known as the “federal road aid act of 1916,” as amended by the act of congress 

approved June 16, 1936, and any subsequent legislation either supplementing or amending either 

of such acts, or otherwise providing funds for the same or similar purposes, in accordance with 

the rules and regulations issued thereunder, for or in connection with the separation of grades of 

a public highway and a railroad by the construction of a bridge, underpass, or highway, or 

railroad relocation, or for the alteration, relocation, reconstruction, change, or repair of any 

bridge or underpass carrying a public highway over or under a railroad, or for the protection of 

grade crossings. If any allotment of funds is made by the United States or any department or 

agency thereof, for the purposes stated, the division of any expense, in connection with such 

improvement, between the state or any political subdivision thereof and the railroad involved, 

unless otherwise agreed upon, shall be in accordance with existing laws applying to municipal, 

county, or state highway grade separation projects, but the division of expense shall be limited to 

only that part of the expense of the improvement as remains after the application thereto of any 

funds accepted from the United States or any department or agency thereof. 

To accomplish the improvements contemplated under the “emergency relief appropriation act of 

1935,” or the “federal road act of 1916,” as amended, and any subsequent legislation 

supplementing or amending either of such acts, or under any other act of congress, the director, 

in all instances where it is necessary and expedient and the appropriate federal agency is in 

accord, may proceed with the separation of grades of any public highway or street and a railroad, 

or the alteration, relocation, reconstruction, change, or repair of any crossing of a public highway 

or street and railroad at which the grades are already separated. The procedure governing such 

improvements shall be in accordance with sections 5523.01 and 5523.19 and related sections of 

the Revised Code, as applicable to railroad crossings on the state highway system, except as 

provided in this section. On receipt of waiver of the notice of hearing provided for in section 

5523.03 of the Revised Code from the affected railroad company, the director may dispense with 

a hearing under that section and issue an order declaring the grade separation improvement 

necessary and expedient. As a condition precedent to such a declaration in connection with a 

grade separation within a municipal corporation or on a county road not on the state highway 

system, the director must receive from the municipal corporation or county an ordinance or 

resolution, duly enacted by a majority of votes of the legislative authority of the municipal 

corporation or the board of county commissioners in which the improvement is located, 
68 

consenting to the improvement and agreeing to assume the maintenance obligation imposed on 

that political subdivision in the case of a grade separation improvement constructed in cooperation with a railroad company under existing statutes. 

The director may provide protection at grade crossings with federal funds, providing the 

appropriate federal agency is in accord, and upon application of a railroad company specifying 

the type of protection requested, accompanied by its agreement to maintain the protection at the 

grade crossing. 

The legislative authority of a political subdivision, when approved by the director and when cooperating with the department of transportation, may follow the procedure available to the 

director in grade elimination projects as provided in Chapters 5501., 5503., 5511., 5513., 5515., 

5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the 

Revised Code, as further modified by this section, but no contracts shall be awarded for the 

construction of such an improvement until the director is satisfied that all needed property is 

available. For the purpose of expediting such improvements as are undertaken under this section, 

work may begin on such improvement immediately after the completion of the publication of 

notice of the intention to proceed with the improvement required in section 5523.11 of the 

Revised Code, except that the notice need not name any owners not of record or whose place of 

residence is unknown and cannot, by the exercise of reasonable diligence, be ascertained, or who 

are nonresidents of the state. Service of notice upon the owners of all property to be taken, and 

on owners of land abutting on any portion of the highway to be physically changed, or that will 

be vacated in the construction of the improvement, shall be completed in accordance with section 

5523.11 of the Revised Code within one hundred twenty days after the publication of the notice. 

Any owners whose place of residence is unknown and cannot, by the exercise of reasonable 

diligence, be ascertained, or who are nonresidents of the state shall be notified by a further 

publication of a time for the presentation of their claims, which shall be not less than twenty days 

after the completion of publication. Such further publication shall be in a newspaper and for such 

time as is provided in section 5523.11 of the Revised Code. The requirements of the holding of 

an open meeting to explain the plans, as provided in section 5523.11 of the Revised Code, shall 

be optional with the director in connection with such an improvement. 

The board or legislative authority of any municipal corporation may co-operate with the director 

in any of the improvements described in this section, adopting the appropriate procedure set forth 

in sections 5521.02, 5521.07, and 5523.15 and related sections of the Revised Code. The portion 

of the cost to be borne by the board or legislative authority of a municipal corporation may be 

paid from any available county or municipal funds. 

Ohio Rev. Code Ann. § 5531.03 (West 2021) 

Oklahoma (1) 

§ 84. Location and kind of crossing 

The Corporation Commission shall have exclusive jurisdiction to determine and prescribe the 

particular location of highway crossings, for steam or electric railways, the protection required, 

to order the removal of all obstructions as to view of such crossings, to alter or abolish any such 

crossings, and to require, where practicable, a separation of grade at any such crossing, 

heretofore or hereafter established. 

Okla. Stat. Ann. tit. 17, § 84 (West 2021)
69 

Oregon (2) 

§ 824.202. Authority to regulate crossings 

It is the policy of this state to achieve uniform and coordinated regulation of railroad-highway 

crossings and to eliminate crossings at grade wherever possible. To these ends, authority to 

control and regulate the construction, alteration, and protection of railroad-highway crossings is 

vested exclusively in the state, and in the Department of Transportation as provided in ORS 

824.200 to 824.256. 

Or. Rev. Stat. Ann. § 824.202 (West 2021) 

§ 824.206. Elimination or alteration of crossing; installation of protective devices 

(1) The Department of Transportation may, upon its own motion or upon application by a 

railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not 

required under ORS 824.214, and upon finding that such action is required by the public safety, 

necessity, convenience and general welfare: 

(a) Eliminate a grade crossing by relocation of the highway; 

(b) Alter or abolish any grade crossing or change the location thereof, or require a separation of 

grades at any such crossing; 

(c) Alter or change any existing crossing at separated grades; 

(2) The department shall prescribe the time and manner of such alteration, change, installation or 

alteration, and the terms and conditions thereof. 

Or. Rev. Stat. Ann. § 824.206 (West 2021) Excerpt from applicable section of statute published. 

Pennsylvania (2) 

§ 2702. Construction, relocation, suspension and abolition of crossings 

(a) General rule.--No public utility, engaged in the transportation of passengers or property, 

shall, without prior order of the commission, construct its facilities across the facilities of any 

other such public utility or across any highway at grade or above or below grade, or at the same 

or different levels; and no highway, without like order, shall be so constructed across the 

facilities of any such public utility, and, without like order, no such crossing heretofore or 

hereafter constructed shall be altered, relocated, suspended or abolished. 

(b) Acquisition of property and regulation of crossing.--The commission is hereby vested with 

exclusive power to appropriate property for any such crossing, except as to such property as has 

been or may hereafter be condemned by the Department of Transportation for projects financed 

entirely by the Commonwealth and for Federal Aid Projects under section 1004 of the act of June 

1, 1945 (P.L. 1242, No. 428), known as the “State Highway Law,”1 in which case the provisions 

of that statute shall be in effect, and to determine and prescribe, by regulation or order, the points 

at which, and the manner in which, such crossing may be constructed, altered, relocated, 

suspended or abolished, and the manner and conditions in or under which such crossings shall be 

maintained, operated, and protected to effectuate the prevention of accidents and the promotion 

of the safety of the public. The commission shall require every railroad the right-of-way of which 

crosses a public highway at grade to cut or otherwise control the growth of brush and weeds 

upon property owned by the railroad within 200 feet of such crossing on both sides and in both 

directions so as to insure proper visibility by motorists. 

(c) Mandatory relocation, alteration, suspension or abolition.--Upon its own motion or upon 

complaint, the commission shall have exclusive power after hearing, upon notice to all parties in 
70 

interest, including the owners of adjacent property, to order any such crossing heretofore or 

hereafter constructed to be relocated or altered, or to be suspended or abolished upon such 

reasonable terms and conditions as shall be prescribed by the commission. In determining the 

plans and specifications for any such crossing, the commission may lay out, establish, and open 

such new highways as, in its opinion, may be necessary to connect such crossing with any 

existing highway, or make such crossing more available to public use; and may abandon or 

vacate such highways or portions of highways as, in the opinion of the commission, may be 

rendered unnecessary for public use by the construction, relocation, or abandonment of any of 

such crossings. The commission may order the work of construction, relocation, alteration, 

protection, suspension or abolition of any crossing aforesaid to be performed in whole or in part 

by any public utility or municipal corporation concerned or by the Commonwealth or an 

established nonprofit organization with a recreational or conservation purpose. 

(f) Danger to safety.--Upon the commission's finding of an immediate danger to the safety and 

welfare of the public at any such crossing, the commission shall order the crossing to be 

immediately altered, improved, or suspended. Thereafter hearing shall be held and costs shall be 

allocated in the manner prescribed in this part. 

66 Pa. Stat. and Cons. Stat. Ann. § 2702 (West 2021) Excerpt from applicable section of statute 

published. 

§ 5620. Coordination with the Pennsylvania Public Utility Commission 

(a) Method of coordination.--Whenever the Pennsylvania Public Utility Commission receives or 

considers any request for the abandonment or removal of a railroad grade crossing, bridge or 

tunnel, the commission shall notify the Department of Environmental Resources. The department 

shall evaluate the proposed abandonment or removal in order to determine the impact of such 

action upon the development, expansion and existing use of public recreational trails and may 

participate in proceeding before the commission concerning such matter. 

(b) Actions by the commission.--Before taking final action on any request for the abandonment 

or removal of a railroad grade crossing, bridge or tunnel, the commission shall consider the 

impact of such action upon the development, expansion and existing use of recreational trails 

pursuant to this act and identify and evaluate alternatives which will minimize any adverse 

impacts of commission actions upon the development and use of recreational trails. 

32 Pa. Stat. and Cons. Stat. Ann. § 5620 (West 2021) 

Rhode Island (3) 

§ 39-4-18. Review of grade crossing ordinances 

All orders, decisions, requests, or ordinances hereafter made by any town or city council under 

the provisions of §§ 39-8-2, 39-8-3, and 39-8-12, shall be subject to the supervision and control 

of the division as provided in this section. Upon the written complaint of any public utility, or by 

ten (10) qualified electors, residents of the town or city, the order of whose town or city council 

shall be drawn in question, upon the ground that the order, decision, request, or ordinance is 

unreasonable, the division shall set a hearing as provided in § 39-4-4, and if the commission shall 

find that the order, decision, request, or ordinance is unreasonable, the order, decision, request, 

or ordinance shall be void; provided, that nothing in this chapter shall be construed to take away 

or limit the existing powers of the town or city councils to abolish grade crossings. 

39 R.I. Gen. Laws Ann. § 39-4-18 (West 2021) 
71 

§ 39-8-1.1. Commission control of grade crossings 

In the exercise of the police power of the state for the safety of its inhabitants, the general 

assembly vests in the commission the authority and power to determine the point at which and 

the manner in which any grade crossing of a railroad and a street shall be constructed and the 

jurisdiction to determine whether any crossing should be altered, relocated, abolished, or 

eliminated, and the manner and conditions under which the crossings shall be maintained, even if 

the order of the commission has the effect of depriving a municipality of control of its streets. 39 

39 R.I. Gen. Laws Ann. § 39-8-1.1 (West 2021) 

§ 39-8-2. Raising or lowering of highway to eliminate grade crossing 

If the city or town council of any city or town where a turnpike or highway crossed by a railroad 

on a level therewith is situated, is of the opinion that it is necessary for the security of the public 

that the turnpike or highway should be raised or lowered, so as to pass over or under the railroad, 

it may request in writing that the corporation owning the railroad raise or lower the turnpike or 

highway. If the corporation neglects or refuses to do so, the city or town council may apply to the 

commission to decide upon the reasonableness of the request. If the commission, after due notice 

and hearing the parties, shall decide that the lowering or raising of grade is necessary for the 

security of the public, the corporation shall comply with the decision; provided, that either party 

shall have the right, in accordance with chapter 5 of this title, to petition the supreme court for 

relief, and the court shall have full power to finally decide the question as to the necessity of 

changing the grade. The cost and expense of making the change of grade shall be borne by the 

railroad corporation and the city or town asking for the change, in the proportion as may be 

decided by the court. If, after the decision of the court that a change of grade is necessary, or if, 

having taken no appeal from the decision of the commission, the corporation shall unreasonably 

neglect or refuse to change the grade, the city or town council may proceed to make the change, 

and may, in an action against the corporation, recover all charges and expenses occasioned by 

making the alterations. 

39 R.I. Gen. Laws Ann. § 39-8-2 (West 2021) 

South Carolina (13) 

§ 57-17-100. Closing certain railroad-highway crossings. 

The various county authorities may, in their discretion, abandon and close to highway traffic 

railroad-highway crossings on highways not in the State highway system superseded by the 

construction of grade separation structures, the reconstruction of existing structures or the 

relocation of highways to eliminate such grade crossings. 

S.C. Code Ann. § 57-17-100 (2021) 

§ 58-15-1510. Commission may provide rules and regulations with reference to crossing. 

The Public Service Commission may provide such rules and regulations with reference to the 

crossing of railroad tracks by public highways as in its judgment will be conducive to the public 

safety. 

S.C. Code Ann. § 58-15-1510 (2021) 

§ 58-15-1520. Investigation of crossings requiring overpass or underpass. 
72 

The commission upon petition may request the Office of Regulatory Staff to investigate 

crossings and may require that any necessary crossing be made either above or below grade, so 

as to avoid, as far as possible, any grade crossings. 

S.C. Code Ann. § 58-15-1520 (2021) 

§ 58-15-1530. Payment of expense of elimination or relocation of grade crossings. 

If the Commission shall decide that such a crossing should be eliminated or relocated it shall 

apportion, assess and require the payment by such railroad company of its proper pro rata share 

of the expense incident to the construction and grading of any highway or road appurtenant to 

such elimination or relocation but the cost to be assessed against such railroad company shall not 

exceed its proper pro rata share for more than one fourth of one mile and, in the case of railroads 

independently operated having less than eighty miles of road within this State, shall not exceed 

its proper pro rata share for more than one eighth of a mile. 

S.C. Code Ann. § 58-15-1530 (2021) 

§ 58-15-1540. Eliminated crossings shall be closed. 

Such crossings as are eliminated by virtue of this article shall be closed as public highways or 

travel places. 

S.C. Code Ann. § 58-15-1540 (2021) 

§ 58-15-1620. Application of article. 

The provisions of this article shall apply throughout the State to the elimination of grade 

crossings, whether such elimination be made upon the order or request of the State Highway 

Commission, counties, cities, drainage districts or other subdivisions or departments of the State 

government. 

S.C. Code Ann. § 58-15-1620 (2021) 

§ 58-15-1625. Department of Transportation authorized to eliminate railroad grade 

crossings. 

Notwithstanding any other provision of law, the Department of Transportation may order legally 

closed and abolished as a public way, within the limits of a railroad right-of-way, a grade 

crossing then in existence at the time the department assumes jurisdiction of the matter, upon a 

finding that the enhancement of public safety resulting from such closing outweighs any 

inconvenience caused by increased circuitry of highway routes. This order by the department 

may be issued either in connection with, or independent of, an order relating to automatic trainactivated warning signals. The authority of the department legally to close and abolish grade 

crossings is in addition to authority granted by law to other state agencies or to local units of 

government to close and abolish grade crossings. Upon the issuance of the order by the 

department, the railroad or railroads involved shall physically remove the crossing from the 

tracks, and the governmental unit maintaining the highway shall remove or barricade the 

approaches to the crossing. 

S.C. Code Ann. § 58-15-1625 (2021) 
73 

§ 58-15-1630. Notice to railroad and effort to agree on plan for elimination of grade 

crossing. 

Whenever any such subdivision or department of the State government as is mentioned in 

Section 58-15-1620, having jurisdiction, may determine upon the elimination of any grade 

crossing by means of a grade separation structure, prompt notice shall be given to the railroad 

company owning or operating the railroad involved. Within ten days thereafter the 

representatives of the department and of the railroad involved shall meet and adopt a layout, with 

the grades and alignments mutually satisfactory. 

S.C. Code Ann. § 58-15-1630 (2021) 

§ 58-15-1640. Procedure when agreement shall not be reached. 

Failing to agree, the department or subdivision may order the railroad involved to proceed with 

the construction of such a structure as it may require as indicated in plans and specifications 

accompanying its order. The railroad shall begin work thereon within sixty days after receipt of 

such order and shall complete the structure within a reasonable time. 

S.C. Code Ann. § 58-15-1640 (2021) 

§ 58-15-1660. Division of costs. 

The division of the costs of the elimination of the grade crossings by means of grade separation 

structures shall be as follows: 

(1) The total cost of a grade crossing elimination by the use of an overhead bridge shall be paid 

one half by the department or subdivision and one half by the railroad involved, the proportion to 

be paid by the railroad in no case to exceed the actual cost of that part of the structure over its 

tracks between the piers or abutments and foundations adjacent to such tracks and including the 

costs of such piers or abutments and foundations, except that in the case of a permanent structure 

of concrete, steel or other like substance, the railroad shall pay one half of the cost of such 

structure, including the approaches, for a distance of not exceeding one hundred and fifty feet on 

either side of the railroad, measured from the center of the space occupied by the tracks; 

(2) In case the elimination of such grade crossing shall be by the building of an underpass, the 

department or subdivision shall pay one half and the railroad involved the other half of the cost 

of the cut through the railroad fill and of the cost of the bridge carrying the railroad, including 

the foundations and piers or abutments for such bridge, but the cost of the approaches to such 

underpass shall be paid by the department or subdivision and such department or subdivision 

shall construct it at its own expense and maintain the necessary drainage; but the railroad will be 

charged with the duty and cost of maintaining the entire structure carrying the railroad tracks, 

including the foundations and supports thereof; 

(3) Whenever such railroad shall provide a floor for an overhead bridge, capable of carrying a 

road surface of rock asphalt or other like substance, the department or subdivision shall assume 

the duty and cost of the maintenance of the superstructure of such bridge and, if such floor is not 

so constructed, the department or subdivision shall assume the duty and cost of the maintenance 

of the superstructure of such bridge and render to the railroad company involved a bill for the 

cost thereof, which shall be paid by the railroad involved within sixty days after the rendition of 

such bill and, if not paid, interest shall be added thereto at the rate of seven per cent per annum; 

but in all cases of an overhead bridge, the railroad involved shall maintain at its own expense the 

foundations and piers or abutments supporting such superstructure; 
74 

(4) When more than one railroad is involved in the separation of crossings at grades, such 

portion of the cost of construction and maintenance as this article provides shall be paid by the 

railroad shall be borne by such railroads in such proportion as will be equitable, to be agreed 

upon by the railroad companies, and in case they cannot agree, to be fixed by the Public Service 

Commission on a hearing to be held in the usual manner, with the usual right of appeal; and (5) 

In all cases of grade separation hereunder the railroad shall permit the use, free of cost, of so 

much of its right of way as is necessary and the department or subdivision involved shall be 

charged with the duty of acquiring such additional rights-of-way as shall be necessary and shall 

be chargeable with liability for any property damages or other damages resulting from the 

change in topographical conditions. 

S.C. Code Ann. § 58-15-1660 (2021) 

§ 58-15-1690. Time within which railroad shall commence work; effect of failure so to do. 

Whenever any department or subdivision shall require a railroad, under the provisions of this 

article, to construct an overhead bridge or underpass, such railroad shall begin work thereon 

within sixty days after receipt of the order of such department or subdivision. And in case such 

railroad shall not comply with such order within the period specified, the department or 

subdivision may proceed with the work and, upon its completion, bill the railroad for its 

proportion thereof and the railroad shall pay such bill, together with interest at the rate of seven 

per cent per annum from the date of the completion of the work. But before the railroad is 

required under this provision to proceed with the construction of such grade separation structure 

the estimated pro rata share of the department or subdivision shall be arranged for and 

appropriated. 

S.C. Code Ann. § 58-15-1690 (2021) 

§ 58-15-1730. Continuance of crossings as private crossings. 

All existing grade crossings replaced by grade separation structures or avoided by relocation of 

highways and no longer habitually used by the general public may be continued only as private 

crossings and not subject to the provisions of the statutes of this State relating to railroad 

crossings. 

S.C. Code Ann. § 58-15-1730 (2021) 

§ 58-15-1740. Special agreements. 

Nothing in this article shall be construed to prevent the department or subdivision from reaching 

special agreements with railroad companies providing for grade crossing eliminations by means 

of relocation of either the roads or railroads involved or by any other means and arranging for 

joint participation in the cost of such elimination on an agreed basis. 

S.C. Code Ann. § 58-15-1740 (2021) 

South Dakota (5) 

§ 31-4-4. Relocations, additions, and alterations in system--Purposes 

No change may be made in the state trunk highway system, except that the transportation 

commission may make relocations, additions, and alterations in portions of the system it 

considers necessary for the purpose of bringing into and connecting the system with all presently 

unconnected first and second class municipalities having a population of more than four hundred 
75 

fifty according to the last federal census and for shortening the system distances between the 

interconnected county seats and connected municipalities of four hundred fifty or more 

population. The commission may also make relocations, additions, and alterations which make 

continuous the route of any state trunk highway through any municipality of over twenty-five 

hundred population or to improve the highway grade, or to eliminate a railroad crossing or 

crossings, or to avoid heavy city street traffic, or to construct a bypass around or alternate route 

through a municipality, with the consent of the governing body of such municipality affected and 

with a limitation of a maximum of five miles in length on each addition. 

S.D. Codified Laws § 31-4-4 (2021) 

§ 31-27-1. Power of Department of Transportation respecting grade crossings--Expenses of 

alteration or abolition of crossing 

The Department of Transportation may upon its own motion or upon complaint and after hearing 

and notice to all the parties in interest, including the owners of adjacent property and the railroad 

company, order any crossing now existing or hereafter constructed at grade or at the same or 

different levels to be relocated, altered, or abolished according to plans and specifications, terms 

and conditions to be prescribed by the department. The department shall determine the terms on 

which the separation should be made and shall allocate the expense of the alteration, or the 

abolition of the crossing, or the separation of the grade between the railroad companies affected 

or between the railroad companies and the county, municipality, or public authority at interest on 

the basis of the benefits received, if any, by each entity with an interest. 

S.D. Codified Laws § 31-27-1 (2021) 

§ 31-27-5. Expense of eliminating crossings 

The expense of eliminating railroad crossings shall be divided between the railroad company and 

the state or counties, as the case may be, on the basis of the benefits received by each party. 

S.D. Codified Laws § 31-27-5 (2021) 

§ 31-27-7. Determination to eliminate crossing when no right-of-way is needed 

If no right-of-way is needed for the building of a subway or overhead crossing on a state or 

county highway, the governing body having jurisdiction over the highway shall determine when 

it is necessary to eliminate the crossing.

S.D. Codified Laws § 31-27-7 (2021) 

§ 31-27-12. Determination to eliminate dangerous crossing when new right-of-way is 

necessary 

If a new right-of-way is necessary for the building of a subway or overhead crossing on a state or 

county highway, the governing body having jurisdiction over the highway shall determine when 

it is necessary to eliminate the dangerous crossing. 

S.D. Codified Laws § 31-27-12 (2021) 

Tennessee (5) 

§ 65-11-107. Public highways; grade crossing; elimination 
76 

The department of transportation through its commissioner or the commissioner's designee has 

the power to eliminate grade crossings of any railroad or interurban railway track on any of the 

main traveled roads designated by the commissioner or the commissioner's designee as included 

in the general highway plan of the state, whenever, in the discretion of the commissioner or the 

commissioner's designee, the elimination of any such grade crossing is necessary for the 

protection of persons traveling on any such highway or any such railroad. 

Tenn. Code Ann. § 65-11-107 (West 2021) 

§ 65-11-108. Substituted crossings 

When any such grade crossing is ordered to be eliminated, the commissioner of transportation or 

the commissioner's designee shall determine the location of the crossing to be substituted and the 

grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal 

from any such order by the railroad company affected to the chancery court in the judicial district 

in which the new grade crossing would be located, such chancery court shall have the power to 

make any change in the order appealed from with regard to the location and grade of the crossing 

to be constructed which may appear to the court to be necessary to adequately protect the safety 

of passenger and freight traffic on the railroad; and provided, further, that the appeal must be 

made within thirty (30) days of the date the order appealed from is certified to the railroad 

company affected. 

Tenn. Code Ann. § 65-11-108 (West 2021) 

*§ 65-11-109. Grade crossing elimination orders 

When any such grade crossing shall be ordered to be eliminated as provided, it shall be the duty 

of the railroad company owning or operating the track at such crossing to comply with the order 

of the commissioner of transportation or the commissioner's designee within the time specified in 

such order by preparing and submitting to the commissioner or the commissioner's designee for 

approval detailed plans and specifications and estimates of cost for the construction of such 

underpass or overpass and by the construction of the underpass or overpass in accordance with 

the plans and specifications so approved, including the necessary approaches thereto; provided, 

that: 

(1) Any such railroad company may request the commissioner of transportation or the 

commissioner's designee for an extension of time within which to begin and complete the actual 

construction of the underpass or overpass required by such order of the commissioner or the 

commissioner's designee. If the railroad company is dissatisfied with the commissioner's or the 

commissioner's designee's response to the request for an extension of time, such railroad 

company may file an appeal to the chancery court in the judicial district in which the grade 

crossing in question is located; provided that the appeal must be made within thirty (30) days of 

the date of the adverse response; 

(2) The detailed plans and specifications and estimates of cost for any such underpass or 

overpass ordered by the commissioner or the commissioner's designee may be prepared in the 

discretion of the commissioner or the commissioner's designee by the department of 

transportation's own engineers, or by engineers employed for the purpose, in which event such 

plans and specifications and estimates of cost shall be subject to the approval of the railroad 

company affected; 

(3) If any such railroad company shall, in obedience to the direction of the commissioner or the 

commissioner's designee make surveys and prepare estimates and plans, then the commissioner 
77 

or the commissioner's designee shall within a reasonable time, not exceeding six (6) months, 

reimburse such railroad or railway for one half ( 1⁄2 ) of the expense and cost of such work; and if, 

after the making and preparation of any such surveys, plans, and estimates of cost by any railroad 

company under the orders of the commissioner or the commissioner's designee, or any part 

thereof, the order for the elimination of the grade crossing be revoked by the commissioner or 

the commissioner's designee, and the elimination of such crossing abandoned, the commissioner 

or the commissioner's designee shall, within a reasonable time, not exceeding six (6) months 

from the date of the revocation, reimburse the railroad or railway company for all the actual 

expense and cost of such work incurred by the company, upon a presentation of an itemized and 

sworn statement of the expense and cost, the amount thereof to be included as a part of the cost 

of the highway of which such crossing is a part; 

(4) Before any railroad company shall be obligated or required to commence and prosecute the 

actual and physical work of separating any such grade crossing, the commissioner or the 

commissioner's designee shall have available sufficient funds with which to reimburse the 

railroad company for that part of the expenses of the separation which is to be paid out of the 

public funds under this chapter; and the commissioner or the commissioner's designee shall make 

to the railroad company, prosecuting such work, monthly payments in an amount which shall 

equal the proportion of the cost and expense which the public is required to pay under this 

chapter of all that part of the work, including both labor and materials, completed at the date of 

any monthly payment; and 

(5) When any grade crossing covered by §§ 65-11-107 and 65-11-108 shall have been ordered to 

be eliminated, as provided, it shall be the duty of the railroad company upon which such order of 

the state department of transportation may have been served, in accordance with this chapter, at 

once to comply with such order, or avail itself of the right of an appeal, as set forth in 

subdivision (1), within sixty (60) days from the date of the service of the order, and in the event 

any such railroad company should fail to comply with such order directing the elimination of 

such grade crossing, or to appeal within sixty (60) days, the commissioner or the commissioner's 

designee shall have the authority to proceed immediately with the construction of such grade 

crossing separation, and upon the completion of same to assess one half ( 1⁄2 ) of the cost of 

preparation of plans and estimates and one half ( 1⁄2 ) of the cost of the work of construction 

against the railroad company affected thereby, and all such costs as are assessed in this manner 

against such railroad company shall be a lien upon the physical properties of such railroad 

company, which lien shall be prior to any lien then existing against such physical properties, and 

the amount of such cost may be recovered against such railroad company by a suit brought on 

behalf of the state by the attorney general and reporter, and the enforcement, in the name of the 

state, of the lien. 

Tenn. Code Ann. § 65-11-109 (West 2021) 

*§ 65-11-110. Overpass or underpass construction; work apportionment 

The commissioner of transportation or the commissioner's designee may, by agreement or 

contract with any railroad company, apportion the work to be done in the construction of any 

such underpass or overpass between the railroad company and contractors acting under the 

control and supervision of the commissioner or the commissioner's designee, and contracts for 

the construction of the portion of such underpass or overpass assumed under such contract or 

agreement by the commissioner or the commissioner's designee shall be made in the manner and 

under the same conditions as contracts are made by the commissioner or the commissioner's 
78 

designee for the construction of other portions of the state highway system as provided by law; 

provided, that when the commissioner or any of the department of transportation's employees or 

contractors, or any person acting under the orders of the commissioner or the commissioner's 

contractors, shall go or be upon the right-of-way of any railroad company, they shall be subject 

to any reasonable rules and regulations of such railroad company made for the protection of its 

traffic employees and passengers. 

Tenn. Code Ann. § 65-11-110 (West 2021) 

*§ 65-11-111. Grade crossings; elimination; cost apportionment 

Each railroad company owning or operating the track or tracks at any grade crossing ordered or 

agreed to be eliminated under this chapter shall bear fifty percent (50%) of the total cost of the 

elimination of any such grade crossing, the total cost to include the cost of the construction of the 

underpass or overpass substituted for the grade crossing, of the approaches thereto, of the 

surveys and preparations of the plans and estimates of cost for such underpass or overpass 

crossing ordered by the commissioner of transportation or the commissioner's designee, and of 

any revision of the grade and layout of the railroad tracks directly made necessary by such grade 

separation, but shall not include the cost of metal surfacing or road pavement required in 

accomplishing the elimination of any grade crossing; provided, that any disagreement between 

the commissioner or the commissioner's designee and the railroad company affected with regard 

to the extent or cost of any such revision of the grade and layout of the railroad tracks directly 

made necessary by any grade separation, shall be resolved by the commissioner, and the 

commissioner's decision shall be final. The remaining fifty percent (50%) of the total cost shall 

be borne out of the public funds as a part of the cost of the highway of which the crossing is a 

part; provided, that a detailed statement of the expense of all that part of the construction of such 

underpass or overpass crossing, including the preparation of the detailed plans and specifications, 

etc., which is conducted by the railroad company, shall be submitted to the commissioner or the 

commissioner's designee, duly sworn to by some official of the railroad company, having 

knowledge of the facts; and provided, further, that this provision for the division of cost between 

the public and the railroad company shall apply only to crossings already in existence or 

hereafter made, or proposed over railroad tracks in existence at the date of the order for 

elimination thereof, and shall not apply to any crossing of any highway by any railroad track not 

in existence at the date of the designation of such highway as a part of the state highway system 

by the department of transportation. 

Tenn. Code Ann. § 65-11-111 (West 2021) 

Texas (3) 

§ 91.035. Use of Facilities Belonging to Public or Private Entity 

(a) The department, for the purpose of acquiring, constructing, maintaining, and operating freight 

or passenger rail facilities and systems in this state, may: 

(1) use a street, alley, road, highway, or other public way of a municipality, county, or other 

political subdivision with the consent of that political subdivision; and 

(2) at the expense of the department, relocate, raise, reroute, or change the grade of the 

construction of a street, alley, highway, road, railroad, electric line and facility, telegraph and 

telephone property and facility, pipeline and facility, conduit and facility, and other properties, 
79 

whether publicly or privately owned, as necessary or useful in the construction, maintenance, and 

operation of a rail facility or system. 

(b) The department shall provide reasonable notice to the owner of the applicable facility of the 

need for the alteration under Subsection (a)(2) and allow that owner the opportunity to complete 

the alteration. 

Tex. Transp. Code Ann. § 91.035 (West 2021) 

§ 317.002. Definition 

In this chapter, “facility” means property that the governing body of a municipality considers 

necessary for the elimination of a grade-level crossing by a railroad line from a street of the 

municipality or for the relocation of a railroad line within the municipality, including: 

(1) land; 

(2) a right-of-way; 

(3) an elevated structure; 

(4) a grade separation; 

(5) an underpass or overpass; 

(6) a passenger station, depot, or other building; 

(7) an interchange yard; 

(8) a railroad track; and 

(9) any other improvement. 

Tex. Transp. Code Ann. § 317.002 (West 2021) 

§ 317.003. Authority Regarding Facilities 

(a) To decrease hazards to life or property, promote public safety or convenience, improve traffic 

conditions, or encourage the orderly development of the municipality, a municipality may 

acquire, construct, improve, enlarge, extend, maintain, repair, or replace a facility. 

(b) Activities authorized by Subsection (a) include: 

(1) removing and relocating railroad tracks, a utility line or pipe, or another improvement; 

(2) removing or demolishing a building or another improvement; 

(3) paying for damage to other property in connection with an activity described by that 

subsection; or 

(4) improving a street in connection with an activity described by that subsection. 

Tex. Transp. Code Ann. § 317.003 (West 2021) 

Utah (1) 

§ 54-4-15. Establishment and regulation of grade crossings 

(2) The department shall have the power to determine and prescribe the manner, including the 

particular point of crossing, and the terms of installation, operation, maintenance, use and 

protection of each crossing of one railroad by another railroad or street railroad, and of a street 

railroad by a railroad and of each crossing of a public road or highway by a railroad or street 

railroad, and of a street by a railroad or vice versa, and to alter or abolish any such crossing, to 

restrict the use of such crossings to certain types of traffic in the interest of public safety and is 

vested with power and it shall be its duty to designate the railroad crossings to be traversed by 

school buses and motor vehicles carrying passengers for hire, and to require, where in its 

judgment it would be practicable, a separation of grades at any such crossing heretofore or 
80 

hereafter established, and to prescribe the terms upon which such separation shall be made and 

the proportions in which the expense of the alteration or abolition of such crossings or the 

separation of such grades shall be divided between the railroad or street railroad corporations 

affected, or between such corporations and the state, county, municipality or other public 

authority in interest. 

Utah Code Ann. § 54-4-15 (West 2021) Excerpt from applicable statute published. 

Vermont (2) 

§ 3783. Alteration, petition for; hearings 

The selectboard of a town within which a public highway crosses or is crossed by a railroad, or 

the general manager or attorney of a railroad corporation whose road crosses or is crossed by a 

public highway, may bring their petition in writing to the Transportation Board, alleging that 

public safety requires an alteration in such crossing, its approaches, the method of crossing, the 

location of the public highway, the elimination of such crossing, the closing of such public 

highway crossing and the substitution of another therefor, not at grade, or the removal of 

obstructions to the sight at such crossing, and praying that the same may be ordered, or such 

proceedings may be instituted by the Agency of Transportation or the Board of its own motion 

and without petition. The Board shall thereupon appoint a time and place for hearing the petition 

on notice of not less than ten days to the petitioners, the railroad, the municipality in which such 

crossing is situated, the owners of the land adjoining such crossing, and adjoining that part of the 

highway to be changed in grade, and to the Attorney General, who shall, by himself or herself or 

through the State's Attorney of the county wherein the crossing is located, represent the interests 

of the State at such hearing. After such notice and hearing, the Board shall determine what 

alterations, changes, or removals, if any, shall be made and by whom. 

Vt. Stat. Ann. tit. 5, § 3783 (2021) 

§ 3786. Tracks of more than one railroad 

When, upon an application or petition brought under the provisions of section 3783 of this title, 

the Board finds that a public highway crosses or is crossed by the tracks of more than one 

railroad and the tracks of such railroads are so near together that public convenience requires the 

work of separating the grades to be done under and in compliance with one order, it shall give 

notice to all the corporations operating such railroads to appear before it and be heard upon the 

application. After such notice and hearing, the Board shall determine what alterations shall be 

made, if any, so as to separate the grades of all such crossings at the same time, and shall 

determine by whom such work shall be done, and shall apportion the expense to be borne by the 

railroad corporations between such corporations in such manner as the Board deems just and 

proper. 

Vt. Stat. Ann. tit. 5, § 3786 (2021) 

Virginia (4) 

*§ 33.2-903. Grade crossing closing and safety 

A. It is the public policy of the Commonwealth to enhance public safety by establishing safe 

highway-rail grade crossings, to consolidate and close unsafe, unnecessary, or redundant 

crossings, and to limit the establishment of new crossings. The Board has the authority to close 
81 

public highway-rail grade crossings on all systems of state highways for which it has 

responsibility. 

B. The Commissioner of Highways on his own motion or by request of any interested 

landowner, railroad corporation, or local governing body may petition the Board to close a 

highway-rail grade crossing as a public crossing. 

C. Prior to petitioning the Board to close a highway-rail grade crossing, the Commissioner of 

Highways shall conduct a traffic engineering study to determine the validity of closing the 

crossing. The traffic engineering study shall consider all factors, including (i) the number of 

freight and passenger trains passing the crossing and their timetable speeds, (ii) the distance to an 

alternate crossing, (iii) the availability of alternate access, (iv) the crossing's accident history 

during the five-year period immediately prior to the study, (v) the number of vehicles per day 

using the crossing, (vi) the posted speed limit at the crossing, (vii) the type of warning devices 

present at the crossing, (viii) the alignment of the roadway and railroad and their angle of 

intersection, (ix) the number of trucks per day carrying hazardous materials through the crossing, 

(x) the number of vehicles per day carrying passengers for hire through the crossing, (xi) the 

number of school buses per day using the crossing, and (xii) the use of the crossing by 

emergency vehicles. 

D. The results of the traffic engineering study shall be made public in accordance with the 

procedures set forth in § 33.2-902. The Commissioner of Highways shall present his findings and 

recommendations to the Board, and the Board shall decide what actions to take regarding the 

railroad crossing at issue. 

Va. Code Ann. § 33.2-903 (West 2021) 

§ 56-365.1. Closing and or consolidation of grade crossings 

Whenever the public safety requires that an existing crossing of a railroad by a public highway at 

grade be eliminated or that multiple grade crossings be consolidated, either the public road 

authority or the affected railroad may petition the Commonwealth Transportation Board to 

provide funding for and to require the elimination of the existing grade crossing as a condition of 

participating in the funding. Upon a finding that the public safety requires elimination of the 

existing grade crossing, and the Commonwealth Transportation Board funds are available for the 

improvement, the Commonwealth Transportation Board may order the elimination of the 

crossing or the consolidation of multiple grade crossings. The affected railroad may contribute to 

the cost of eliminating or consolidating grade crossings. The Commonwealth may apply for, 

receive, and contribute any available federal or other funds for the elimination or consolidation 

of grade crossings. 

Va. Code Ann. § 56-365.1 (West 2021) 

*§ 56-366.1. Proceedings to avoid or eliminate grade crossings by grade separation or to 

widen, strengthen, remodel, relocate or replace existing crossing structures on public 

highways

Whenever a road in the primary or secondary state highway system or a public highway 

maintained by a locality (i) crosses a railroad, (ii) is projected across a railroad, or (iii) is to be so 

changed as to cross a railroad, or an existing overpass or underpass crossing of any such road and 

a railroad is in need of widening, strengthening, remodeling, relocating or replacing, and funds 

are (or are to be) allocated by the Commonwealth Transportation Board or public road authority 

for payment of the locality's or state's portion of the cost of constructing such an overpass or 
82 

underpass structure or for widening, strengthening, remodeling, relocating or replacing such an 

existing structure, the Commissioner of Highways or representative of the public road authority 

may agree with the railroad company or companies involved, on such terms and conditions as he 

shall deem in the best interests of the Commonwealth or locality regarding the plans and 

specifications, the method and manner of construction and the division of costs and maintenance 

responsibility of any such separation of grade structure. In case of a separation of grade by 

structure at a new, or an existing, grade crossing, the project, except in special cases and under 

special circumstances to be mutually agreed upon by the Commissioner of Highways, the public 

road authority, and the railroad company or companies involved, shall be deemed to start at 

points on each side of the tracks of the railroad or railroads where the grade, under the proposed 

plans and specifications, leaves the ground line to go over or under, as the case may be, the 

tracks of the railroad or railroads. 

In the event the Commissioner of Highways, the public road authority, and the railroad company 

or companies involved are unable to agree on (i) the necessity for the construction of such 

underpass or overpass structure or for the widening, strengthening, remodeling, relocating or 

replacing of any existing overpass or underpass structure, (ii) the plans and specifications for and 

method or manner of construction thereof, or (iii) the portion of the work, if any, to be done and 

the share of the cost of such project, if any, to be borne by each of the railroad company or 

companies involved, the Commissioner of Highways or the public road authority shall petition 

the State Corporation Commission setting forth the plans and specifications for and the method 

and manner of construction of such project and the facts which in his opinion justify the 

elimination of the crossing, the erection of a new separation of grade structure or the widening, 

strengthening, remodeling, relocating or replacing of an existing structure and the maintenance 

responsibility. Copies of the petition and the plans and specifications shall forthwith be served by 

the State Corporation Commission on the railroad company or companies involved. Within 

twenty days after service on it of such petition and plans and specifications, the railroad company 

or companies shall file an answer with the State Corporation Commission setting out its 

objections to the proposed project and the Commission shall hear and determine the matter as 

other matters are heard and determined by that body. The Commission shall consider all the facts 

and circumstances surrounding the case and shall determine (a) whether public necessity and 

convenience justifies or requires the construction of such new separation of grade structure or 

whether an existing structure is so dangerous to or insufficient to take care of traffic on the 

highway as to require the widening, strengthening, remodeling, relocating or replacing proposed, 

(b) whether the plans and specifications or method and manner of construction are proper and 

appropriate, and (c) what portion of the work, if any, to be done and what share of the cost of 

such project, if any, to be borne by each of the railroad company or companies involved 

(excluding the cost of right-of-way) is fair and reasonable, having regard to the benefits, if any, 

accruing to such railroad or railroads from the elimination of such grade crossing or the 

widening, strengthening, remodeling, relocating or replacing any existing overpass or underpass 

structure, and either dismiss the proceeding as against the railroad company or companies 

involved or enter an order deciding and disposing of all of the matters hereinbefore submitted to 

its jurisdiction. 

Grade crossings shall be closed when replaced by a new public highway. However, the 

Commonwealth Transportation Board or the public road authority may authorize the continued 

use of the crossing for a period of two years following the construction of the new highway to 

familiarize the public with the new route. 
83 

Va. Code Ann. § 56-366.1 (West 2021) 

§ 56-369. Elimination of public grade crossings by change of alignment of public highways 

or construction of replacement public highways 

Whenever the Commissioner of Highways or the appropriate public road authority in improving 

the alignment of public highways proposes to change the alignment of the highway or construct a 

replacement public highway and thereby permanently eliminate as a public crossing one or more 

crossings of a railroad at grade, he may agree with the railroad company involved, on such terms 

and conditions as he or the representative of the public road authority shall deem in the best 

interest of the Commonwealth or locality regarding the plans and specifications, the method and 

manner of construction and the division of costs of so changing the alignment of the highway. 

Grade crossings shall be closed when replaced by a new public highway. However, the 

Commonwealth Transportation Board or the public road authority may authorize the continued 

use of the crossing for a period of two years following the construction of the new public 

highway to familiarize the public with the new route. 

In the event the Commissioner of Highways or the public road authority and the railroad 

company are unable to agree (i) on the necessity for such change in the alignment of the 

highway, or (ii) the plans and specifications for the method and manner of construction thereof, 

or (iii) the portion of the work, if any, to be done and the share of the cost of such project, if any, 

to be borne by the railroad company involved, the Commissioner of Highways or the public road 

authority shall petition the State Corporation Commission setting forth the plans and 

specifications for the method and manner of changing the alignment of the public highway and 

the facts which, in his opinion, justify the proposed elimination as a public crossing of one or 

more crossings of the railroad at grade. Copies of the petition and the plans and specifications 

shall forthwith be served by the State Corporation Commission on the railroad company 

involved. Within twenty days after service on it of such petition and plans and specifications, the 

railroad company involved shall file an answer with the State Corporation Commission setting 

out its objections to the proposed project and the Commission shall hear and determine the 

matter as other matters are heard and determined by that body. The Commission shall consider 

all the facts and circumstances surrounding the case and shall determine (a) whether public 

necessity and convenience justifies or requires the proposed change in the alignment of the 

highway which shall not, in respect to any particular project within the meaning of this section, 

exceed five miles in length, (b) whether the plans and specifications or method and manner of 

construction are proper and appropriate, and (c) what portion of the work, if any, to be done and 

what share of the cost of such project, if any, to be borne by the railroad company involved is 

fair and reasonable, having regard to the benefits, if any, accruing to such railroad from the 

elimination of such grade crossing or crossings, and either dismiss the proceeding as against the 

railroad company involved or enter an order deciding and disposing of all of the matters 

hereinbefore submitted to its jurisdiction, provided, however, that the share of the cost of such 

project which the Commission may find proper to be borne by the railroad under the provisions 

of this section, shall not exceed what the Commission might otherwise decide would be the 

proportion of the cost of constructing an overpass or underpass structure or structures at the point 

or points where such public grade crossing or crossings are to be eliminated. 

Va. Code Ann. § 56-369 (West 2021) 

Washington (3) 
84 

*§ 81.53.030. Petition for crossing--Hearing—Order 

Whenever a railroad company desires to cross a highway or railroad at grade, it shall file a 

written petition with the commission setting forth the reasons why the crossing cannot be made 

either above or below grade. Whenever the legislative authority of a county, or the municipal 

authorities of a city, or the state officers authorized to lay out and construct state roads, or the 

state parks and recreation commission, desire to extend a highway across a railroad at grade, they 

shall file a written petition with the commission, setting forth the reasons why the crossing 

cannot be made either above or below grade. Upon receiving the petition, the commission shall 

immediately investigate it, giving at least ten days' notice to the railroad company and the county 

or city affected thereby, of the time and place of the investigation, to the end that all parties 

interested may be present and heard. If the highway involved is a state road or parkway, the 

secretary of transportation or the state parks and recreation commission shall be notified of the 

time and place of hearing. The evidence introduced shall be reduced to writing and be filed by 

the commission. If it finds that it is not practicable to cross the railroad or highway either above 

or below grade, the commission shall enter a written order in the cause, either granting or 

denying the right to construct a grade crossing at the point in question. The commission may 

provide in the order authorizing a grade crossing, or at any subsequent time, that the railroad 

company shall install and maintain proper signals, warnings, flaggers, interlocking devices, or 

other devices or means to secure the safety of the public and its employees. In respect to existing 

railroad grade crossings over highways the construction of which grade crossings was 

accomplished other than under a commission order authorizing it, the commission may in any 

event require the railroad company to install and maintain, at or near each crossing, on both sides 

of it, a sign known as the sawbuck crossing sign with the lettering “Railroad Crossing” inscribed 

thereon with a suitable inscription indicating the number of tracks. The sign shall be of standard 

design conforming to specifications furnished by the Washington state department of 

transportation. 

Wash. Rev. Code Ann. § 81.53.030 (West 2021) 

§ 81.53.060. Petition for alteration of crossing--Closure of grade crossing without hearing 

The mayor and city council, or other governing body of any city or town, or the legislative 

authority of any county within which there exists any under-crossing, over-crossing, or grade 

crossing, or where any street or highway is proposed to be located or established across any 

railroad, or any railroad company whose road is crossed by any highway, may file with the 

commission their or its petition in writing, alleging that the public safety requires the 

establishment of an under-crossing or over-crossing, or an alteration in the method and manner 

of an existing crossing and its approaches, or in the style and nature of construction of an 

existing over-crossing, under-crossing, or grade crossing, or a change in the location of an 

existing highway or crossing, the closing or discontinuance of an existing highway crossing, and 

the diversion of travel thereon to another highway or crossing, or if not practicable, to change the 

crossing from grade or to close and discontinue the crossing, the opening of an additional 

crossing for the partial diversion of travel, and praying that this relief may be ordered. If the 

existing or proposed crossing is on a state road, highway, or parkway, the petition may be filed 

by the secretary of transportation or the state parks and recreation commission. If the existing 

crossing is adjacent to a project funded in part or in full by the state of Washington and managed 

by the department of transportation, and closure of the crossing is part of the project, the petition 

may be filed by the secretary of transportation or the secretary's designee, or if the petition is 
85 

filed by another entity, the secretary of transportation or the secretary's designee shall intervene 

as a party in any hearing at which the closure of the crossing is contested. If the department of 

transportation is not a lead agency under chapter 43.21C RCW, a lead agency shall also 

intervene as a party in any hearing at which the closure of the crossing is contested. Upon the 

petition being filed, the commission shall fix a time and place for hearing the petition and shall 

give not less than twenty days' notice to the petitioner, the railroad company, and the 

municipality or county in which the crossing is situated. If the highway involved is a state 

highway or parkway, or if the crossing is adjacent to a project funded in part or in full by the 

state of Washington and managed by the department of transportation and closure of the crossing 

is part of the project, like notice shall be given to the secretary of transportation or the state parks 

and recreation commission. If the change petitioned for requires that private lands, property, or 

property rights be taken, damaged, or injuriously affected to open up a new route for the 

highway, or requires that any portion of any existing highway be vacated and abandoned, twenty 

days' notice of the hearing shall be given to the owner or owners of the private lands, property, 

and property rights which it is necessary to take, damage, or injuriously affect, and to the owner 

or owners of the private lands, property, or property rights that will be affected by the proposed 

vacation and abandonment of the existing highway. The commission shall also cause notice of 

the hearing to be published once in a newspaper of general circulation in the community where 

the crossing is situated, which publication shall appear at least two days before the date of 

hearing. At the time and place fixed in the notice, all persons and parties interested are entitled to 

be heard and introduce evidence. In the case of a petition for closure of a grade crossing the 

commission may order the grade crossing closed without hearing where: (1) Notice of the filing 

of the petition is posted at, or as near as practical to, the crossing; (2) notice of the filing of the 

petition is published once in a newspaper of general circulation in the community or area where 

the crossing is situated, which publication shall appear within the same week that the notice 

referred to in subsection (1) of this section is posted; and (3) no objections are received by the 

commission within twenty days from the date of the publication of the notice. 

Wash. Rev. Code Ann. § 81.53.060 (West 2021) 

*§ 81.53.070. Hearing 

At the conclusion of the hearing the commission shall make and file its written findings of fact 

concerning the matters inquired into in like manner as provided for findings of fact upon petition 

for new crossings. The commission shall also enter its order based upon said findings of fact, 

which shall specify whether the highway shall continue at grade or whether it shall be changed to 

cross over or under the railroad in its existing location or at some other point, and whether an 

over-crossing or under-crossing shall be established at the proposed location of any street or 

highway or at some other point, or whether the style and nature of construction of an existing 

crossing shall be changed, or whether said highway shall be closed and travel thereon diverted to 

another channel, or any other change that the commission may find advisable or necessary: 

PROVIDED, That in an emergency where a highway is relocated to avoid a grade crossing, or a 

new crossing is constructed in the vicinity of an existing crossing in the interest of public safety, 

the commission may order such existing crossing closed without notice or hearing as specified 

herein. In case the order made requires that private lands, property, or property rights be taken, 

damaged or injuriously affected, the right to take, damage or injuriously affect the same shall be 

acquired as hereinafter provided. 
86 

Any petition herein authorized may be filed by the commission on its own motion, and 

proceedings thereon shall be the same as herein provided for the hearing and determination of a 

petition filed by a railroad company. 

Wash. Rev. Code Ann. § 81.53.070 (West 2021) 

West Virginia (3) 

§ 17-4-9. Separation, elimination or avoidance of railway-highway grade crossings--When 

commissioner may require 

Whenever in his judgment it is necessary for the safety of the traveling public or to comply with 

the safety, design or construction standards for a federal-aid highway project, the state road 

commissioner may require any railroad company, owning, controlling or operating a railroad in 

this State, to eliminate railway-highway crossings at grade on existing highways and to avoid 

railway-highway crossings at grade on new highways, relocated highways and extensions of 

existing highways by separating the grades or by relocating an existing highway. The 

commissioner may determine the location, design and grade for any project or structure for the 

elimination or avoidance of railway-highway crossings at grade, and may determine whether a 

new, relocated or extended highway shall pass over or under the railroad right of way or tracks. 

The railroad company shall not be required to bear any part of the cost of construction or 

maintenance of such grade separation, except where the separation structure eliminates an 

existing grade crossing. 

W. Va. Code Ann. § 17-4-9 (West 2021) 

§ 17-4-10. Same--Commissioner's order to eliminate, etc., crossing; amendment to order 

(a) Whenever, in the judgment of the state road commissioner, it is necessary for the safety of the 

traveling public, or to comply with the safety, design or construction standards for a federal-aid 

highway project, that a railway-highway crossing at grade be eliminated on an existing highway 

or avoided on a new highway, relocated highway or extension of an existing highway by 

separating the grades or relocating an existing highway, the state road commissioner shall make 

an order to that effect and furnish a copy thereof by registered mail to the state auditor or 

attorney of record of the railroad affected by the order. 

(b) The commissioner's order shall include at least the following: 

(1) A statement describing and locating the railway-highway crossing at grade to be eliminated 

or avoided; and 

(2) A statement of the general plan to be followed in effecting the elimination or avoidance of 

the specified railway-highway crossing at grade, including general details concerning the 

following matters: 

(A) Whether a new, relocated or extended highway shall pass over or under the railroad right-ofway or tracks; and 

(B) The location, grade and width of the grade separation structure or crossing to be constructed 

and the angle at which the structure or crossing shall meet and converge into the highway bed on 

either side of the railroad tracks or right-of-way. 

(c) Whenever a railroad company affected by the order specified in subsection 

(a) refuses to enter into a written agreement with the state road commissioner respecting a 

federal-aid railway-highway project for elimination or avoidance of railway-highway crossings 

at grade, the commissioner may amend the order made under subsection (a) to incorporate 
87 

therein insofar as practicable all the details required by the regulations, policies and procedures 

of the Bureau of Public Roads, United States Department of Commerce, to be included in written 

agreements between a railroad and a state respecting federal-aid railway-highway projects. The 

amended order shall be furnished by registered mail to the state auditor or attorney of record of 

the railroad affected thereby. 

W. Va. Code Ann. § 17-4-10 (West 2021) 

§ 17-10-7. Elimination of grade crossings 

County courts and municipalities shall have the same authority and shall follow the same 

procedure, so far as applicable, in the elimination of grade crossings, on roads, bridges, or public 

landings within their jurisdiction, as is provided in sections nine to seventeen, inclusive, article 

four of this chapter. 

W. Va. Code Ann. § 17-10-7 (West 2021) 

Wisconsin (3) 

§ 86.11. Highways; railroad crossings; grade separation 

Whenever any highway crosses a railroad at grade and the town, village or county board or the 

city council or city commissioners other than in a city of the first class, as the case may be, shall 

deem it for the best interest of the public that said highway and railroad shall cross at separate 

grades, and when an agreement can be made between such board and the railroad company as to 

the manner of constructing of such separated grade crossing and doing the necessary work they 

may contract therefor; and such board shall after entering into such contract levy a tax sufficient 

to raise the money required to carry out such contract on its part, which tax shall be collected at 

the time and in the manner as other taxes are, and when collected shall be set aside as a special 

fund and used for said purpose. The plans for such grade separation shall have the approval of 

the department before the contract shall be binding or the change shall be made. 

Wis. Stat. Ann. § 86.11 (West 2021) 

§ 195.19. Relocation of facilities 

(4) Relocation of railroad facilities. Any city, village or town may cooperate with a railroad in 

grade crossing elimination or relocation, elimination or relocation of switchyards, roundhouses 

or terminals and may appropriate or borrow money therefor. 

Wis. Stat. Ann. § 195.19 (West 2021) Excerpt from applicable statute published. 

§ 195.29. Railroad highway crossings 

(5) Elimination of grade crossings, costs. Upon petition of the department, or of the common 

council or board of any city, village, town, or county, alleging that one or more of them have 

undertaken or propose to undertake to relocate or improve an existing highway or to construct a 

new highway in such manner as to eliminate a highway grade crossing with any railroad or so as 

to permanently divert a material portion of the highway traffic from a highway grade crossing 

with any railroad, the office shall issue notice of investigation and hearing, as provided in s. 

195.04. If upon such hearing the office finds that the public safety will be promoted by the 

highway relocation, improvement, or new construction, the office shall order the old crossings 

closed and new crossings opened as are deemed necessary for public safety. The order shall 

require the railroad company or companies to pay to the interested municipality or municipalities 
88 

such sum as the office finds to be an equitable portion of the cost of the highway relocation, 

improvement, or new construction, if the work is performed by the municipalities; or to the 

secretary of administration if the work is performed by the state; or to the proper county treasurer 

if the work is performed by the county. The sum shall be added to the joint fund available for the 

improvement and may be expended in like manner as the other portions of the fund. 

Wis. Stat. Ann. § 195.29 (West 2021) Excerpt from applicable statute published. 

Wyoming (1) 

§ 37-10-102. Power to close or establish crossings; establishing priority for hazardous 

crossing locations 

(a) The transportation commission shall have the power and authority to close or establish 

crossings at grade of public highways as specified, or separations over or under the track or 

tracks of any railroad corporation or street railway corporation in the state of Wyoming. 

Wyo. Stat. Ann. § 37-10-102 (West 2021) Excerpt from applicable statute published. 
89 

Chapter 2: Crossing Treatment Procedures 

Chapter Overview 

Chapter 2 presents a description of the 

processes and procedures required when 

undertaking elimination, relocation, 

construction, repair, and/or improvement of 

highway-rail grade crossings, along with the 

roles to be played by the respective parties 

(units of government, whether state or local, 

and the railroads). In most states, the 

designated agency having authority to order 

improvements is also the one with statutory 

authority to order outright elimination. 

However, there may be a distinction in some 

states where an agency may have the 

authority to eliminate a highway-rail grade 

crossing, but only for the purpose of creating 

a grade separation. For clarity and ease of 

reference, the two processes are described in 

separate chapters. The applicable sections of 

relevant state laws and regulations are 

provided. In most of the entries, a discussion 

of the division of costs for elimination, 

relocation, construction, repair, and/or 

improvements of grade crossings is included

Alabama (1) 

§ 23-1-9. Elimination of railroad grade crossings. 

Whenever the funds of the state are being expended for the construction, maintenance, or repair 

of a public highway, the State Department of Transportation shall have the power and authority 

to compel all railways operating in this state to construct viaducts, tunnels, underpasses, or 

bridges to the full extent of the width of the right-of-way and over the tracks as owned or 

operated by any railway when, in the judgment of the State Department of Transportation, such 

viaducts, tunnels, underpasses, or bridges are necessary for the safety of the general public and 

whereby a dangerous grade crossing is eliminated. The State Department of Transportation may 

appropriate out of the funds credited to the State Department of Transportation for the 

construction and maintenance of highways an amount not to exceed 50 percent of the cost to 

construct said viaducts, tunnels, underpasses, or bridges to the full extent of the width of the 

right-of-way and over the tracks as owned or operated by any railway in this state. If after due 

notice to a railroad that such a viaduct, tunnel, underpass, or bridge, in the judgment of the State 

Department of Transportation, is necessary to be built or constructed across the width of the 

right-of-way and over the tracks of the railway and such railway fails or refuses to comply with 

the order of the State Department of Transportation as provided in this section, the State 

Department of Transportation is empowered and authorized to forthwith build or construct such 

viaducts, tunnels, underpasses, or bridges, and the amounts so expended for such construction as 

provided in this section, shall constitute a charge against such railway and the State Department 

of Transportation shall render a bill to such railway stating the amounts expended and for what 

purpose; and upon the failure or refusal of such railway to make payment of the amount due the 

state, the State Department of Transportation shall forward all data and information to the 

Attorney General of this state, who shall immediately institute an action in the name of the State 

of Alabama, as provided by law, for the recovery of the amount as reported by the State 

Department of Transportation as due by the railway for the funds to be expended in the 

construction of viaducts, tunnels, underpasses, or bridges across the width of the right-of-way 

and over the tracks of such railway. Upon the recovery of such funds, the amount shall be paid 

into the State Treasury and credited to the account of the State Department of Transportation 
90 

from which such funds were withdrawn; but said railway shall not be required to pay exceeding 

50 percent of the cost thereof. 

Ala. Code § 23-1-9 (2021) 

Alaska (3) 

 § 15.471. Railroad permits.

(a) Upon written application, the department will, in its discretion, issue a permit authorizing the 

applicant to construct or install railroad facilities within a department right-of-way. 

(b) No permit is required for the reconstruction of existing crossings, structures, or other 

facilities or for the construction of additional crossings, structures, or other facilities in areas 

where a railroad holds a fee title or an easement for a railroad right-of-way. 

(c) An application for a railroad permit must specifically describe the proposed facility and its 

proposed location within the department's right-of-way. The application must include plans and 

specifications so that the department can evaluate the engineering design and proposed location. 

(d) All railroad permits will be issued in accordance with this section and 17 AAC 15.011 - 17 

AAC 15.111. 

(e) Whether or not a railroad facility permit is required, the railroad shall notify the department 

in writing not less than 15 days before any construction or major maintenance activity in an area 

bordering on, adjacent to, or crossing a department right-of-way. 

Alaska Admin. Code tit. 17, § 15.471 (2021)

§ 15.481. Railroad accommodation policy. 

(a) Grade separation is required for all railroad crossings on controlled-access highways. Atgrade railroad crossings on rural highways and roads, and urban highways and streets will 

normally be allowed. However, the department will, in its discretion, require grade separation 

where warranted by conditions of topography and traffic density. 

(b) A railroad crossing on a highway with defined shoulders may not be less than the full width 

of the highway including its defined shoulders. A railroad crossing on a rural highway with 

undefined shoulders must extend a minimum of five feet beyond the traveled portion of the 

highway. The surface of the highway must be in the same plane as the top of the rails for a 

distance of two feet outside of the rails for either multiple- or single-track crossings. 

(c) The intersection of the highway alignment and the railroad track must be as nearly 

perpendicular as practicable. 

(d) A railroad/highway crossing sign (crossbuck) must be installed on the right-hand side of the 

roadway on each approach to any crossing, except when, in the discretion of the department, it is 

determined that local conditions require an alternate location. Where railroad/highway crossing 

signals are used, the crossbuck must be an integral part of the signal assembly. A supplemental 

sign indicating the number of tracks must be used where there are two or more sets of tracks at 

the crossing. 

(e) The department will, in its discretion, require railroad crossing signals which indicate the 

approach or presence of trains to be installed at those railroad crossings where there is a need for 

protection beyond that provided by signs. On multiple-lane highways, cantilever-mounted 

signals will, in the discretion of the department, be required. For railroad crossings at highway 

intersections, additional signal-light units may be used to supplement the normal complement of 

lights. At crossings where multiple train movements may occur simultaneously or at crossings in 

congested urban areas, the use of gates will, in the discretion of the department, be required. 
91 

(f) Supports for post-mounted signal heads at the side of a street with curbs must have a 

horizontal clearance of not less than two feet from the face of the vertical curb. Where there is no 

curb, supports for post-mounted signal heads must have a horizontal clearance of not less than 

two feet from the edge of the shoulder, and must have a minimum clearance of six feet from the 

edge of the traveled way. Where there is no curb or shoulder, the minimum horizontal clearance 

must be six feet from the edge of the traveled way. All portions of signals and supports which 

extend over the roadway must have a vertical clearance of not less than 17 feet above the 

roadway surface. 

(g) The department's chief bridge engineer is responsible for approving clearances proposed for 

new grade separation structures or for modifications of existing grade separation structures. 

(h) All railroad signs and signals must conform to the requirements of the Alaska Traffic 

Manual, 2005, described in 17 AAC 20.950(1), and adopted by reference, or the special 

provisions of a railroad permit issued under 17 AAC 15.471 relating to vertical clearances of 

signs and signals over highways or other highway-related facilities such as bike paths, pathways, 

and sidewalks. 

(i) Railroad communication, electric power, pipeline, and drainage facilities installed in the 

department rights-of-way must be installed in accordance with 17 AAC 15.120 - 17 AAC 

15.301. 

Alaska Admin. Code tit. 17, § 15.481 (2021) 

§ 15.491. Maintenance and repairs. 

(a) Upon completion of a railroad crossing on a highway, the railroad is responsible for the 

maintenance and repair of all track bed and rail components and any state property located 

within the width of the railway ties occupying the crossing area. The department is responsible 

for the maintenance and repair of all state property located outside the area within the railway 

ties. Allocation of the costs of all maintenance and repairs must be included in the railroad 

permit issued under 17 AAC 15.471. 

(b) The railroad must operate and maintain all railroad crossing signals or other protective 

devices. 

(c) Unless otherwise specified in the railroad permit, upon completion of a grade-separation 

structure, the department is responsible for the maintenance and repair of the structure and 

approaches and the railroad is responsible for the maintenance and repair of the track bed and rail 

components. 

Alaska Admin. Code tit. 17, § 15.491 (2021) 

Arizona (2) 

§ 28-6711. Railroad construction along improved highway prohibited; exception 

A. A railroad or street railway shall not be constructed along or on any portion of a highway 

improved under this article, except a crossing authorized by the board of supervisors. The board 

of supervisors shall not grant a franchise for the construction of a railroad or street railway along 

or on an improved portion of the highway, except for a crossing. 

B. If such a highway or portion of a highway, after having been improved, is included in the 

boundaries of an incorporated city or town, the municipal authorities may grant the franchise 

within the boundaries of the city or town on the express condition that the grantee shall pay to 

the county for the benefit of the county general fund an amount equal to the cost of the 
92 

improvement of that portion of the improved highway that will be occupied by the track of the 

railroad or street railway. 

Ariz. Rev. Stat. Ann. § 28-6711 (2021) 

§ 40-337. Power of commission over railway crossings 

A. No public highway or street shall be constructed across the track of any railroad at grade, nor 

shall the track of any railroad corporation be constructed across the track of any other railroad at 

grade, without the permission of the commission, but this provision shall not apply to the 

replacement of lawfully existing tracks. The commission may refuse permission or grant it upon 

such terms and conditions as it prescribes. 

B. The commission shall have the exclusive power: 

1. To determine and prescribe the manner, including the particular point of crossing, and the 

terms of installation, operation, maintenance, use and protection of each of the crossings. 

2. To alter or abolish crossings. 

3. To prescribe the terms upon which and the proportions in which the expense of the alteration 

or abolition of the crossing shall be divided between the parties affected or in interest. 

C. When the commission finds that public convenience and necessity demands establishment, 

creation or construction of a crossing of a street or highway over, under or upon the tracks or 

lines of any public service corporation, the commission may by order require the establishment, 

construction or creation of the crossing, and the crossing shall thereupon become a public 

crossing. The commission shall have the exclusive power to prescribe the character of crossings 

to be constructed and maintained by railroads where their lines cross public roads or streets of a 

town or city. 

Ariz. Rev. Stat. Ann. § 40-337 (2021) 

Arkansas (6) 

* § 14-186-210. Acquisition of property--Procedures 

(a) For the acquiring of rights-of-way and property necessary for the construction of terminal 

railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, 

wharves, piers, ships, docks, quays, elevators, compresses, refrigeration storage plants, 

warehouses, and other riparian and littoral terminals and structures and approaches to them and 

transportation facilities needful for the convenient use of them, and belt line roads and highways 

and causeways and bridges and other bridges and causeways, a municipal port authority shall 

have the right and power to acquire them by purchase, by negotiation, or by condemnation. 

(b)(1) Should a municipal port authority elect to exercise the right of eminent domain, 

condemnation proceedings shall be maintained by and in the name of the authority, and it may 

proceed as provided by the general laws of the State of Arkansas for the procedure by any 

county, municipality, or authority organized under the laws of this state, or by the Arkansas 

Department of Transportation, or by railroad corporations, or in any other manner provided by 

law, as the authority may, in its discretion, elect. 

(2) The power of eminent domain shall not apply to property of persons, state agencies, or 

corporations already devoted to public use. 

Ark. Code Ann. § 14-186-210 (West 2021) 

*§ 23-12-301. Crossings--Powers of State Highway Commission 
93 

The State Highway Commission shall have exclusive power to: 

(1) Determine and prescribe the manner, including the particular point, of crossing and the terms 

of installation, operation, maintenance, apportionment of expenses, use, and protection of each 

crossing of one (1) railroad by another railroad or street railroad by a railroad, so far as 

applicable; 

(2) Alter or abolish any such crossing; and 

(3) Require, where, in its judgment, it would be practical, a separation of grades of any such 

crossing and prescribe the terms upon which the separation shall be made and the proportions in 

which the expense of the alteration or abolition of the crossings or the separation of the grades 

shall be divided between the railroad or street railroad corporations affected or between the 

corporations and the state, county, municipality, or other public authority in interest. 

Ark. Code Ann. § 23-12-301 (West 2021) 

§ 23-12-304. Crossings--Inspections--Duty of State Highway Commission 

(a)(1) It shall be the duty of the State Highway Commission, or any representative of it, to 

inspect any road or street crossing in this state, either on its own initiative or when its attention is 

called to it by any citizen. 

(2) Upon a hearing the commission may make an order requiring the railroad company to protect 

the crossing in any manner which it considers just and reasonable, whether the crossings are at 

grade or over or under crossing and whether a public or private crossing. 

(b)(1) It shall further be the duty of the commission, or any representative thereof, to make a 

personal inspection of any designated place where it is desired that a road or street, either public 

or private, cross any railroad in this state. 

(2) Upon ten (10) days' notice as required by law and after a public hearing, the commission may 

make such order as in its judgment shall be just and proper. The order may provide for a crossing 

at grade, over or under the railroad, and shall be enforced as other orders made by the 

commission. 

(c) By applicable federal law, the United States Congress has declared that laws, rules, 

regulations, orders, and standards relative to railroad safety shall be nationally standard to the 

extent practicable and that each state shall conduct and maintain a survey of all crossings and 

assign priorities from a safety standpoint for appropriate improvements and protective devices. 

The commission has made the survey, given the crossings in Arkansas hazardous index ratings, 

and now administers the crossing safety program in Arkansas. In view of the above, the 

commission is hereby designated as the sole public body to deal with, and shall have exclusive 

jurisdiction over, the location and construction of new, and the improving and protecting of new 

and existing, street, road, and highway railroad crossings in Arkansas. 

Ark. Code Ann. § 23-12-304 (West 2021) 

§ 23-12-1002. Crossing location, construction, improvement, and protection--Exclusive 

State Highway Commission jurisdiction 

The State Highway Commission administers the railroad crossing safety program in Arkansas 

and has heretofore been designated by the General Assembly as the sole public body to deal with 

and has been given exclusive jurisdiction concerning the location, construction, improvement, 

and protection of railroad crossings in Arkansas. It is in the public's interest and safety that 

uniformity be established in other matters pertaining to the maintenance of railroad crossings and 

the operation and movement of trains in this state. 
94 

Ark. Code Ann. § 23-12-1002 (West 2021) 

§ 23-12-1003. Maintenance of crossings on public thoroughfares--Exclusive State Highway 

Commission jurisdiction 

The State Highway Commission is hereby designated as the sole public body to deal with and is 

hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location 

where any railroad crosses any public road, highway, or street in this state or where any public 

road, highway, or street crosses any railroad. 

Ark. Code Ann. § 23-12-1003 (West 2021) 

* § 23-12-1004. State Highway Commission--Investigations and studies--Rules 

(a) The State Highway Commission shall make such investigation and studies as it deems 

necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas 

counties, municipalities, and railroads operating within this state and unions representing railroad 

employees. 

(b) Pursuant to rules providing for an opportunity of notice and hearing, the commission shall 

promulgate appropriate rules pertaining to the maintenance of railroad crossings of state, county, 

city, or municipal streets and highways. 

Ark. Code Ann. § 23-12-1004 (West 2021) 

California (10) 

§ 8879.63. Highway-Railroad Crossing Safety Account; establishment of guidelines for 

fund allocation criteria; high-priority grade separation and railroad crossing safety 

improvements; reporting requirements 

(a) Prior to allocating funds appropriated from the Highway-Railroad Crossing Safety Account 

established pursuant to subdivision (j) of Section 8879.23, the commission, in cooperation with 

the Public Utilities Commission, the department, and the High-Speed Rail Authority, shall adopt 

guidelines to establish the criteria and process to allocate funds to an eligible project in the 

program. The guidelines shall be adopted no later than February 15, 2008, and only after the 

commission holds a public hearing in northern California and a public hearing in southern 

California to review and to receive public comment on the proposed guidelines. The commission 

may incorporate the hearings on the proposed guidelines into its regularly scheduled hearings. 

(b) Funds available under this section shall be used to provide the state match for local, federal, 

or private funds for high-priority grade separation and railroad crossing safety improvements in 

California. The commission shall adopt strategies to invest these funds in a manner to make 

railroad crossing safety improvements at any of the following: 

(1) Crossings where freight rail and passenger rail share the affected guideway. 

(2) Crossings with high incidents of motor vehicle-rail or pedestrian-rail accidents. 

(3) Crossings with high vehicle-hours of delay. 

(4) Crossings where an improvement will result in quantifiable emission benefits. 

(5) Crossings where the improvement will improve the flow of rail freight to or from a port 

facility. 

(c) The guidelines adopted by the commission pursuant to subdivision (a) shall articulate the 

amount of funds appropriated to the account that will be expended for purposes of paragraph (1) 

of subdivision (j) of Section 8879.23 and for purposes of paragraph (2) of subdivision (j) of 

Section 8879.23. 
95 

(d) The commission shall include in its annual report to the Legislature, required by Section 

14535, a summary of its activities related to the administration of this program. The summary 

should, at a minimum, include a description and the location of the projects contained in the 

program, the amount of funds allocated to each project, the status of each project, and a 

description of the improvements the program is achieving. 

Cal. Gov't Code § 8879.63 (West 2021) 

§ 1201. Permission to construct 

No public road, highway, or street shall be constructed across the track of any railroad 

corporation at grade, nor shall the track of any railroad corporation be constructed across a public 

road, highway, or street at grade, nor shall the track of any railroad corporation be constructed 

across the track of any other railroad or street railroad corporation at grade, nor shall the track of 

a street railroad corporation be constructed across the track of a railroad corporation at grade, 

without having first secured the permission of the commission. This section shall not apply to the 

replacement of lawfully existing tracks. The commission may refuse its permission or grant it 

upon such terms and conditions as it prescribes. 

Cal. Pub. Util. Code § 1201 (West 2021) 

§ 1202. Powers of commission 

The commission has the exclusive power: 

(a) To determine and prescribe the manner, including the particular point of crossing, and the 

terms of installation, operation, maintenance, use, and protection of each crossing of one railroad 

by another railroad or street railroad, of a street railroad by a railroad, of each crossing of a 

public or publicly used road or highway by a railroad or street railroad, and of a street by a 

railroad or of a railroad by a street. 

(b) To alter, relocate, or abolish by physical closing any crossing set forth in subdivision (a). 

(c) To require, where in its judgment it would be practicable, a separation of grades at any 

crossing established and to prescribe the terms upon which the separation shall be made and the 

proportions in which the expense of the construction, alteration, relocation, or abolition of 

crossings or the separation of grades shall be divided between the railroad or street railroad 

corporations affected or between these corporations and the state, county, city, or other political 

subdivision affected. 

(d) To authorize on an application-by-application basis and supervise the operation of pilot 

projects to evaluate proposed crossing warning devices, new technology, or other additional 

safety measures at designated crossings, with the consent of the local jurisdiction, the affected 

railroad, and other interested parties, including, but not limited to, represented railroad 

employees. 

Cal. Pub. Util. Code § 1202 (West 2021) 

§ 1202.1. Disagreement as to apportionment of costs; advancement of money; interim 

decision of commission; right of entry; condemnation

In any proceeding under Section 1202, where the application to the commission states that the 

parties are not in agreement as to apportionment of costs, but the applicant is willing to advance 

the amount of money reasonably necessary to enable the respondent to complete the work to be 
96 

done by it, the commission shall set the application for hearing as soon as its calendar permits on 

all of the following questions: 

(a) The necessity for the project. 

(b) The approval of the location and the engineering plans, including provisions for handling 

traffic during construction and the work to be performed by each party. 

(c) The sum to be advanced by the applicant for the work to be done by the respondent. The 

commission shall render as promptly as possible an interim decision effective within 20 days on 

the questions, reserving for a later hearing and decision the question of apportionment of costs. 

The decision shall also order the respondent to proceed upon receipt of the sum to be advanced 

by the applicant without delay to perform the work to be done by the respondent, integrating the 

work with that of the applicant or its contractor in such manner that neither will unreasonably 

obstruct or delay the work of the other, to the end that the people of the state may have the use of 

the project at the earliest possible date. 

In the event of the failure or refusal of the respondent to grant a right of entry to permit the 

applicant to proceed with the work to be performed by it or its contractor, the applicant may, 

pursuant to Section 19 of Article I of the Constitution, obtain an order of immediate possession 

in a court of competent jurisdiction if a condemnation action has previously been filed in that 

court, or file the action and obtain an order of immediate possession in the event the action has 

not previously been filed. Upon obtaining the order, the applicant may proceed in the same 

manner as if a right of entry had been granted, and the respondent shall proceed with its own 

work and integrate it with that of the applicant or its contractor. 

In the final decision apportioning costs, the commission shall credit the sum advanced by the 

applicant against the applicant's share of the costs. In the final decision, the commission shall 

also credit against the applicant's share of the costs any increases in those costs found by the 

commission to be directly attributable to the respondent's willful failure or refusal, after the 

effective date of the interim decision, to proceed with its own work or to integrate its work with 

that of the applicant or its contractor. 

Cal. Pub. Util. Code § 1202.1 (West 2021) 

§ 1202.5. Grade separation expenses; allocation between railroads and public agencies; 

standards; “public agency” defined

In prescribing the proportions in which the expense of construction, reconstruction, alteration, or 

relocation of grade separations shall be divided between railroad or street railroad corporations 

and public agencies, in proceedings under Section 1202, the commission, unless otherwise 

provided in this section, shall be governed by the following standards: 

(a) Where a grade separation project, whether initiated by a public agency or a railroad, will not 

result in the elimination of an existing grade crossing, located at or within a reasonable distance 

from the point of crossing of the grade separation, the commission shall require the public 

agency or railroad applying for authorization to construct such grade separation to pay the entire 

cost. 

(b) Where a grade separation project initiated by a public agency will directly result in the 

elimination of one or more existing grade crossings, located at or within a reasonable distance 

from the point of crossing of the grade separation, the commission shall apportion against the 

railroad 10 percent of the cost of the project. The remainder of such costs shall be apportioned 

against the public agency or agencies affected by such grade separation. 
97 

(c) Where a grade separation project initiated by a railroad will directly result in the elimination 

of an existing grade crossing, located at or within a reasonable distance from the point of 

crossing of the grade separation, the commission shall apportion 10 percent of the cost, 

attributable to the presence of the highway facilities, against the public agency or agencies 

affected by the project, and the remainder thereof to the railroad or railroads applying for 

authorization to construct such grade separation. 

(d) Where the project consists of an alteration or reconstruction of an existing grade separation 

for the purpose of increasing the capacity of the structure for highway purposes, the commission 

shall apportion 10 percent of the cost against the railroad and the balance against the public 

agency or agencies affected by the grade separation. There shall be no apportionment of cost to 

the railroad if it did not bear any of the cost of the original project, in which case the public 

agency or agencies shall pay 100 percent of the cost of the alteration or reconstruction of the 

grade separation. An allocation of funds set aside pursuant to Section 190 of the Streets and 

Highways Code may be made for such a project notwithstanding subdivision (d) of Section 2454 

of the Streets and Highways Code. 

Where the project consists of an alteration or reconstruction of an existing grade separation for 

the purpose of increasing the capacity of the structure for railway purposes, the commission shall 

apportion 10 percent of the cost against the public agency or agencies affected and the balance 

against the railroad applying for authorization to alter or reconstruct the grade separation. There 

shall be no apportionment of cost to the public agency or agencies if the agency or agencies did 

not bear any of the cost of the original project, in which case the railroad shall pay 100 percent of 

the cost of the alteration or reconstruction of the grade separation. 

(e) In the event the commission finds that a particular project does not clearly fall within the 

provisions of any one of the above categories, the commission shall make a specific finding of 

fact on the relation of the project to each of the categories, and in apportioning the costs, it shall 

assess against the railroad a reasonable percentage, if any, of the cost not exceeding the 

percentage specified in subdivision (b), dependent on the findings of the commission with 

respect to the relation of the project to each category. The remainder of such cost shall be 

apportioned against the public agency or agencies affected by the project. 

(f) In the event the commission finds that the respective shares of any apportionment should be 

divided between two or more railroads or two or more public agencies, the commission, to the 

extent that it has jurisdiction to do so in a particular proceeding before it, shall divide the shares 

between the railroads or the public agencies, or both, on any reasonable basis, to be decided by 

the commission, but in so doing shall follow the standards hereinabove prescribed for 

apportionment between railroads and public agencies, respectively. 

(g) The standards herein prescribed for apportionment of costs of grade separations shall not be 

applicable where federal funds are used. On such projects, the apportionments shall be in 

accordance with federal law and the rules, regulations, and orders of the federal agency 

administering such law, where applicable. 

(h) No provision of this section or of the Public Utilities Code shall be construed as in any way 

limiting the right of public agencies or railroads to negotiate agreements apportioning costs of 

grade separations, and the validity of any and all such agreements is hereby recognized for all 

purposes regardless whether the method of apportionment prescribed therein conforms to the 

standards hereinabove prescribed. 

As used in this section “public agency” includes a separation of grade district, as well as the 

state, a county, city, or other political subdivision. 
98 

Cal. Pub. Util. Code § 1202.5 (West 2021) 

§ 1202.6. Payment of railroad share by public agency operating system under contract with 

railroad corporation 

Any municipal corporation, transit district, rapid transit district, or other public entity which 

provides rail passenger transportation services through a contract with a railroad corporation, 

may pay all or part of the share of a grade separation project allocated to such railroad 

corporation, or all or part of such share of a project's cost negotiated and agreed upon as the 

railroad's share by the railroad and a public agency or agencies pursuant to subdivision (h) of 

Section 1202.5. In any case where the municipal corporation, transit district, rapid transit district, 

or other public entity agrees to pay all or part of the railroad's share, it may enter into the 

negotiations allocating costs and may be a party to the agreement assessing such costs. 

Cal. Pub. Util. Code § 1202.6 (West 2021) 

§ 190. Appropriation for grade separation projects 

Each annual proposed budget prepared pursuant to Section 165 shall include the sum of fifteen 

million dollars ($15,000,000), which sum may include federal funds available for grade 

separation projects, for allocations to grade separation projects, in accordance with Chapter 10 

(commencing with Section 2450) of Division 3. 

Cal. Sts. & High. Code § 190 (West 2021) 

§ 2452. Priority list 

Prior to July 1 of each year, the Public Utilities Commission shall establish a list, in order of 

priority, of projects that the commission determines to be most urgently in need of separation or 

alteration. The priority list shall be determined on the basis of criteria established by the Public 

Utilities Commission. 

Cal. Sts. & High. Code § 2452 (West 2021) 

§ 2453. Allocations for projects from priority list 

From the funds set aside pursuant to Section 190, as well as from any other funds that may be set 

aside for purposes of this chapter, the California Transportation Commission shall make 

allocations for projects contained in the latest priority list established pursuant to Section 2452. 

Such allocations shall be made for preconstruction costs and construction costs. Where 

allocations are made to a local agency, the requirements of Sections 2456 and 2457 shall first be 

met. 

Cal. Sts. & High. Code § 2453 (West 2021) 

§ 2454. Basis of allocations 

Allocations made pursuant to Section 2453 shall be made on the basis of the following: 

(a) An allocation of 80 percent of the estimated cost of the project shall be made; except that 

whenever contributions from other sources exceed 20 percent of the estimated cost, the 

allocation shall be reduced by the amount in excess of 20 percent of the estimated cost. 

(b) On projects that eliminate an existing crossing, or alter or reconstruct an existing grade 

separation, no allocation shall be made unless the railroad agrees to contribute 10 percent of the 

cost of the project. 
99 

(c)(1) Notwithstanding subdivisions (a) and (b), the total of these allocations for a single project 

shall not exceed five million dollars ($5,000,000) without specific legislative authorization. 

Cumulative allocations to a single project shall not exceed 80 percent of the cost to construct the 

project. 

(2) Notwithstanding paragraph (1), the California Transportation Commission may allocate up to 

fifteen million dollars ($15,000,000) to a single project if that project is the highest ranking 

project on the priority list established by the Public Utilities Commission pursuant to Section 

2452. 

(d)(1) Notwithstanding subdivisions (a) to (c), inclusive, a single project in excess of five million 

dollars ($5,000,000), but not exceeding twenty million dollars ($20,000,000), shall be considered 

without specific legislative authority, if the project (A) is included in the Public Utilities 

Commission's priority list of projects scheduled to be funded, (B) eliminates the need for future 

related grade separation projects, (C) provides projected cost savings of at least 50 percent to the 

state or local jurisdiction, or both of them, by eliminating the need for future projects, and (D) 

alleviates traffic and safety problems or provides improved rail service not otherwise possible. 

Projects approved pursuant to this subdivision shall be funded over a multiyear period, not to 

exceed five years, and the allocation for any one of those years shall not exceed the amount 

prescribed by subdivision (c) for a single project. 

(2) Not more than one-half of the total allocation available in any one fiscal year for grade 

separation projects may be used for the purposes of this subdivision. An agency that has received 

an allocation for a project approved pursuant to this subdivision shall not be eligible for an 

allocation for another project under this subdivision for a period of 10 years from the date of 

approval of that project. However, if funds are available for allocation, as determined by the 

Department of Transportation, an agency may be eligible for an allocation for another project. 

(e) Notwithstanding any of the provisions of this section or any other provision of law, when the 

state or a local agency uses funds derived from federal sources in financing its share of project 

costs, the railroad contribution, where required by federal law or regulation, shall be computed 

pursuant to federal law. 

(f) Notwithstanding any of the provisions of this section or any other provision of law, when the 

state or a local agency uses state funds in financing a portion of project costs, the railroad 

contribution, to the extent determined pursuant to this section, shall be calculated based on the 

cost of the grade separation only, and not the cost of any other part of the project. 

Cal. Sts. & High. Code § 2454 (West 2021) 

Colorado (1) 

*§ 40-4-106. Rules for public safety--crossings--civil fines--allocation of expenses 

(1)(a) The commission may, after a hearing on its own motion or upon complaint, make general 

or special orders, promulgate rules, or act by other means to require each public utility to 

maintain and operate its lines, plant, system, equipment, electrical wires, apparatus, tracks, and 

premises in such a manner as to promote and safeguard the health and safety of its employees, 

passengers, customers, subscribers, and the public and to require the performance of any other 

act that the health or safety of its employees, passengers, customers, subscribers, or the public 

may demand. 

(b) If, pursuant to this subsection (1), the commission issues an order or promulgates a rule 

requiring a railroad company to comply with railroad crossing safety regulations, the 

commission may impose a civil penalty pursuant to article 7 of this title 40, in an amount not to 
100 

exceed the maximum amount set forth in section 40-7-105(1), against a railroad company that 

fails to comply with the order or rule. 

(2)(a) The commission has the power to determine, order, and prescribe, in accordance with the 

plans and specifications to be approved by it, the just and reasonable manner including the 

particular point of crossing at which the tracks or other facilities of any public utility may be 

constructed across the facilities of any other public utility at grade, or above or below grade, or at 

the same or different levels, or at which the tracks or other facilities of any railroad corporation 

may be constructed across any public highway at grade, or above or below grade, or at which 

any public highway may be constructed across the tracks or other facilities of any railroad 

corporation at grade, or above or below grade and to determine, order, and prescribe the terms 

and conditions of installation and operation, maintenance, and warning at all such crossings that 

may be constructed, including the posting of personnel or the installation and regulation of lights, 

block, interlocking, or other system of signaling, safety appliance devices, or such other means 

or instrumentalities as may to the commission appear reasonable and necessary to the end, intent, 

and purpose that accidents may be prevented and the safety of the public promoted. 

(b) Whenever the commission orders in any proceeding before it, regardless of by whom or how 

such proceeding was commenced, that automatic or other safety appliance signals or devices be 

installed, reconstructed, or improved and operated at any crossing at grade of any public highway 

or road over the tracks of any railroad corporation, the commission shall also determine and 

order, after notice and hearing, how the cost of installing, reconstructing, or improving such 

signals or devices shall be divided between and paid by the interested railroad corporation whose 

tracks are located at the crossing on the one hand and the chief engineer and the interested city, 

city and county, town, county, or other political subdivision of the state on the other hand. In 

determining how much of the cost shall be paid by the railroad corporation, consideration shall 

be given to the benefit, if any, that will accrue from the signals or devices to the railroad 

corporation, but in every case the part to be paid by the railroad corporation shall be not less than 

twenty percent of the total cost of the signals or devices at any crossing, and the orders shall 

provide that every signal or device installed will be maintained by the railroad corporation for 

the life of the crossing to be so signalized. In order to compensate for the use of the crossings by 

the public generally, the commission shall also order that such part of the cost of installing, 

reconstructing, or improving the signals or devices as will not be paid by the railroad corporation 

be divided between the highway-rail crossing signalization fund and the city, town, city and 

county, county, or other political subdivision in which the crossing is located, and the 

commission shall fix in each case the amount to be paid from the highway-rail crossing 

signalization fund and the amount to be paid by the city, town, city and county, county, or other 

political subdivision. Any order of the commission under this section for the payment of any part 

of any such costs from the highway-rail crossing signalization fund is authority for the state 

treasurer to pay out of said fund to the person, firm, or corporation entitled thereto under the 

commission's order the amount so determined to be paid from said fund. The requirement of 

notice and hearing in this section is deemed to have been complied with by the commission's 

giving notice of and holding a hearing upon the question of whether any such signals or devices 

are required at any crossing; but in such cases the notice shall state that the question of how the 

costs will be borne and paid will be considered at and determined as a result of the hearing for 

which the notice is given. This paragraph (b) shall not apply to any grade crossing when all or 

any part of the cost of the installation, reconstruction, or improvement of the signals or devices at 

the crossing will be paid from funds available under any federal or federal-aid highway act. 
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(3)(a)(I) The commission also has power upon its own motion or upon complaint and after 

hearing, of which all the parties in interest including the owners of adjacent property shall have 

due notice, to order any crossing constructed at grade or at the same or different levels to be 

relocated, altered, or abolished, according to plans and specifications to be approved and upon 

just and reasonable terms and conditions to be prescribed by the commission, and to prescribe 

the terms upon which the separation should be made and the proportion in which the expense of 

the alteration or abolition of the crossing or the separation of the grade should be divided 

between the railroad corporations affected or between the corporation and the state, county, 

municipality, or public authority in interest. 

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), the affected 

railroad corporation, the commission, the department of transportation, or the local government 

responsible for supervising and maintaining the intersecting public highway or road may abolish 

any crossing at grade of any public highway or road over the tracks of a corporation if: 

(A) The crossing is without gates, signals, alarm bells, or warning personnel and is located 

within one-quarter mile of a crossing with gates, signals, alarm bells, or warning personnel or a 

separated grade crossing; 

(B) The crossing is not the only crossing that provides access to property; 

(C) No less than sixty days prior to the proposed abolition date, the railroad corporation, 

commission, department of transportation, or local government posts conspicuous notice of the 

proposed abolition at the crossing and gives written notice of the proposed abolition to all other 

entities authorized to initiate abolition of the crossing pursuant to this subparagraph (II); and 

(D) Neither any entity given notice nor any other interested party files an objection to the 

abolition pursuant to subparagraph (III) of this paragraph (a). 

(III) A crossing shall not be abolished pursuant to subparagraph (II) of this paragraph (a) if an 

entity given notice pursuant to sub-subparagraph (C) of subparagraph (II) of this paragraph (a) or 

any other interested party, within sixty days of receiving such notice, files with the commission 

and provides to the entity that gave notice of the proposed abolition a written objection to the 

abolition. The written objection shall include a statement by a professional engineer licensed to 

practice in Colorado that indicates that the engineer is familiar with the requirements of 

subparagraph (II) of this paragraph (a) and all relevant aspects of the crossing and has examined 

the crossing and believes that it is safe as designed. However, nothing in this subparagraph (III) 

shall preclude the abolition of the crossing pursuant to subparagraph (I) of this paragraph (a). 

(b)(I)(A) The commission is authorized to approve individual projects wherein the allocation of 

the total expenses of the separation of grades to be paid by the railroad corporation or railroad 

corporations may exceed two million five hundred thousand dollars. The commission may 

approve more than one project, the sum totals of which may exceed the two-million-fivehundred-thousand-dollar cap set forth in this subparagraph (I), but in no event shall an individual 

class I railroad corporation pay more than two million five hundred thousand dollars of the cost 

of a single project or the cost of more than one project in any calendar year. Nothing in this 

subparagraph (I) shall preclude any railroad corporation from voluntarily contributing more than 

its allotted share for grade separation construction in one year, and, in such event, all amounts 

contributed by such railroad exceeding its allotted share in any one year shall be credited to and 

shall serve to reduce any payment for grade separation construction expenses by that railroad in 

subsequent years. 

(B) Repealed by Laws 1993, S.B.93-18, § 15, eff. July 1, 1993. 
102 

(II) If the cost of a project is such that it calls for payment by a railroad corporation in more than 

one calendar year or if the amount due from the railroad corporation exceeds two million five 

hundred thousand dollars and thus must be made in consecutive calendar years, nothing in this 

section shall be construed to require that the approved project must be subjected to reapplication 

or rereview by the commission. 

(III) In determining how much of the total expense of the separation of grades shall be paid by 

the railroad corporation or railroad corporations and by the state, county, municipality, or public 

authority in interest, consideration shall be given to the benefits, if any, which accrue from the 

grade separation project and the responsibility for need, if any, for such project. The railroad 

corporation or railroad corporations and the state, county, municipality, or public authority in 

interest shall share the costs for that portion of the project which separates the grades and 

constructs the approaches thereto. The commission shall consider the costs of obtaining rightsof-way, the costs of construction, and the costs of engineering. To the extent that the 

requirements of the railroad corporation or railroad corporations and the state, county, 

municipality, or public authority in interest generate additional costs beyond that necessary to 

provide the grade separation, such costs shall be borne by the responsible entity. 

(IV) This paragraph (b) shall not apply to any project for the elimination of hazards at any 

railway-highway crossing when all or any part of the cost of such project will be paid from 

moneys made available for expenditure under title 23, U.S.C.; except that any amount paid by a 

railroad corporation for such an exempt project shall be credited against the two-million-fivehundred-thousand-dollar cap set forth in subparagraph (I) of this paragraph (b). 

(c)(I) The state, county, municipality, or public authority, at its discretion, may withdraw its 

request for allocation determination at any time prior to the issue of the final order of the 

commission. 

(II) The state, county, municipality, or public authority, at its discretion, after the hearing and 

prior to final order of the commission, may make a motion for a declaratory ruling on the cost 

allocation. In response to such a request, the commission shall make a declaratory ruling and 

shall provide the movant reasonable time to withdraw the request for allocation determination. 

(III) After the final order is issued, the project shall proceed, unless the commission revises the 

order after consideration of a request for change by the state, county, municipality, or public 

authority in interest. 

(d) The commission shall not order the abolition of any crossing for which a grade separation is 

determined to be necessary until this separation is constructed. 

(e) and (f) Repealed by Laws 1986, S.B.123, § 2, eff. July 1, 1986. 

(4) Repealed by Laws 1980, H.B.1135, § 1, eff. July 1, 1982. 

Colo. Rev. Stat. Ann. § 40-4-106 (West 2021) 

Connecticut (15) 

§ 13b-78t. Bond issue for Fix-it-First program for railroad crossings at grade 

(a) The State Bond Commission shall have power, in accordance with the provisions of this 

section, from time to time to authorize the issuance of special tax obligation bonds of the state in 

one or more series and in principal amounts in the aggregate, not exceeding two million five 

hundred thousand dollars. 

(b) The proceeds of the sale of said bonds, to the extent hereinafter stated, shall be used for the 

purpose of payment of the transportation costs, as defined in subdivision (6) of section 13b-75, 

with respect to the projects and uses hereinafter described, which projects and uses are hereby 
103 

found and determined to be in furtherance of one or more of the authorized purposes for the 

issuance of special tax obligation bonds set forth in section 13b-74. Any proceeds from the sale 

of said bonds shall be used by the Department of Transportation for the purpose of establishing a 

Fix-it-First program to repair, upgrade or eliminate the state's railroad crossings at grade. 

(c) None of said bonds shall be authorized except upon a finding by the State Bond Commission 

that there has been filed with it (1) a request for such authorization, which is signed by the 

Secretary of the Office of Policy and Management or by or on behalf of such state officer, 

department or agency and stating such terms and conditions as said commission, in its discretion, 

may require, and (2) any capital development impact statement and any human services facility 

colocation statement required to be filed with the Secretary of the Office of Policy and 

Management pursuant to section 4b-23, any advisory report regarding the state conservation and 

development policies plan required pursuant to section 16a-31 and any statement regarding farm 

land required pursuant to subsection (g) of section 3-20 and section 22-6, provided the State 

Bond Commission may authorize said bonds without a finding that the reports and statements 

required by this subdivision have been filed with it if said commission authorizes the secretary of 

said commission to accept such reports and statements on its behalf. No funds derived from the 

sale of bonds authorized by said commission, without a finding that the reports and statements 

required by this subdivision have been filed with it, shall be allotted by the Governor for any 

project until the reports and statements required by this subdivision, with respect to such project, 

have been filed with the secretary of said commission. 

(d) For the purposes of this section, each request filed as provided in this section for an 

authorization of bonds shall identify the project for which the proceeds of the sale of such bonds 

are to be used and expended and, in addition to any terms and conditions required pursuant to 

this section, include the recommendation of the person signing such request as to the extent to 

which federal, private or other moneys then available or thereafter to be made available for costs 

in connection with any such project should be added to the state moneys available or becoming 

available from the proceeds of bonds and temporary notes issued in anticipation of the receipt of 

the proceeds of bonds. If the request includes a recommendation that some amount of such 

federal, private or other moneys should be added to such state moneys, then, if and to the extent 

directed by the State Bond Commission at the time of authorization of such bonds, said amount 

of such federal, private or other moneys then available or thereafter to be made available for 

costs in connection with such project shall be added to such state moneys. 

(e) Any balance of proceeds of the sale of said bonds authorized for the projects or purposes of 

this section, in excess of the aggregate costs of all the projects so authorized, shall be used in the 

manner set forth in sections 13b-74 to 13b-77, inclusive, and in the proceedings of the State 

Bond Commission respecting the issuance and sale of said bonds. 

(f) Said bonds issued pursuant to this section shall be special obligations of the state and shall not 

be payable from or charged upon any funds other than revenues of the state pledged therefor in 

subsection (b) of section 13b-61 and section 13b-69, or such other receipts, funds or moneys as 

may be pledged therefor. Said bonds shall not be payable from or charged upon any funds other 

than such pledged revenues or such other receipts, funds or moneys as may be pledged therefor, 

nor shall the state or any political subdivision thereof be subject to any liability thereon, except 

to the extent of such pledged revenues or such other receipts, funds or moneys as may be pledged 

therefor. Said bonds shall be issued under and in accordance with the provisions of sections 13b74 to 13b-77, inclusive. 

Conn. Gen. Stat. Ann. § 13b-78t (West 2021) 
104 

§ 13b-204a. Crossings at grade. Attendance by commissioner at public hearing 

The Commissioner of Transportation, or the commissioner's designee, shall attend a public 

hearing concerning the safety and condition of a railroad crossing at grade, upon receipt by the 

commissioner of a petition that requests the commissioner to attend such hearing and is signed 

by twenty-five or more electors of the municipality in which such crossing is located. 

Conn. Gen. Stat. Ann. § 13b-204a (West 2021) 

§ 13b-265. Crossing highway or watercourse 

When it is necessary for the construction of a railroad to intersect or cross any watercourse not 

navigable or any public highway, the company may construct such railroad across or upon the 

same if the Commissioner of Transportation judges it necessary and authorizes it by his order. 

Such company shall restore such watercourse or highway to its former state or in a manner not to 

impair its usefulness. If any highway is so located that such railroad cannot be judiciously 

constructed across or upon the same without interfering therewith, such company may, with the 

consent of the commissioner, cause such highway to be changed or altered, so that such railroad 

may be constructed on the best site. Such company shall put such highway in as good situation 

and repair as it was previous to such alteration, under the direction of the commissioner, whose 

determination thereon shall be final. 

Conn. Gen. Stat. Ann. § 13b-265 (West 2021) 

§ 13b-267. Construction over highway at grade restricted 

Each company which locates and constructs a railroad across any highway shall construct it so as 

to cross over or under the same and may, under the direction of the Commissioner of 

Transportation, raise or lower the same at such crossing or change the location thereof and shall 

make and maintain such bridges, abutments, tunnels, arches, excavations, embankments and 

approaches as the commissioner orders and the convenience and safety of the public travel upon 

such highway may require; but the commissioner may, upon notice to such company and to the 

selectmen of the town or mayor of the city in which such crossing is situated, direct such 

company to construct its railroad at such crossing upon a level with the highway; but no such 

direction shall be given in any case except for special reasons, which shall be recorded in the 

records of the commissioner. 

Conn. Gen. Stat. Ann. § 13b-267 (West 2021) 

* § 13b-268. Construction of new highway across railroad. Construction of railroad 

crossing at grade 

(a) When a new highway is constructed across a railroad, such highway shall pass over or under 

the railroad as the Commissioner of Transportation directs. The company operating such railroad 

shall construct such crossing to the approval of the commissioner and may take land for the 

purposes of this section. The expense of such crossing construction shall be borne by either the 

town, city or borough constructing such highway, or by the company constructing the same, or 

by a sharing of the cost between the town, city or borough and the company, as the 

commissioner directs. 

(b) On or after October 1, 1989, no public railroad crossing at grade shall be constructed unless 

authorized by special act of the General Assembly. The Commissioner of Transportation, upon 

the request of the joint standing committee on transportation or upon his own initiative, shall 
105 

investigate and make recommendations concerning the creation of such a crossing. Such 

investigation shall include a public hearing on the creation of such a crossing. The commissioner 

shall provide reasonable notice to the town, city or borough where such crossing is to be located, 

any railroad utilizing the rail line and the party requesting the crossing and to the public through 

publication of notice in a newspaper having general circulation in the municipality where such 

crossing is to be located. Any proposed legislation for the creation of such a crossing shall be 

accompanied by a detailed report containing, but not limited to the following information: The 

date of the public hearing, any requirements for the protection of persons using the crossing, 

including but not limited to the protections established in sections 13b-342 to 13b-345a, 

inclusive, and a recommendation concerning the party to bear the costs of construction, 

installation and maintenance of such crossing. 

Conn. Gen. Stat. Ann. § 13b-268 (West 2021) 

§ 13b-271. Temporary grade crossings 

The Commissioner of Transportation, on the application in writing of the selectmen of any town, 

the mayor and common council of any city or the warden and burgesses of any borough or on the 

commissioner's own motion, may make all necessary orders concerning the establishment of a 

temporary grade crossing over the tracks of any railway during the period of construction of a 

permanent grade separation structure which will carry a highway over or under such tracks, 

provided the state, town, city or borough making such application shall bear the cost of any 

necessary signs, signals, gates, flagmen or other protective devices. 

Conn. Gen. Stat. Ann. § 13b-271 (West 2021) 

§ 13b-272. Relocation of grade crossing 

Notwithstanding any other provision of the general statutes, the Commissioner of Transportation, 

on the application in writing of the selectmen of any town, the mayor and common council of 

any city or the warden and burgesses of any borough or on his own motion, may make all 

necessary orders regarding the relocation of an existing grade crossing where it can be shown 

that the crossing at the revised location will be in the interests of public safety, necessity and 

convenience due to improved highway alignment, gradient, sight distance or such other reason as 

will result in better traffic operations at the crossing, provided the state, town, city or borough 

making such application shall bear the cost of such relocation and the maintenance thereafter 

shall be borne in the same manner as prior to such relocation. 

Conn. Gen. Stat. Ann. § 13b-272 (West 2021) 

§ 13b-274. Commissioner of Transportation may order removal of crossings. Land to be 

taken limited

The Commissioner of Transportation may, in the absence of any application therefor, when in 

the commissioner's opinion public safety requires an alteration in any highway crossed at grade 

by a railroad or by railroads belonging to or operated by more than one company, after a hearing 

had upon such notice as the commissioner deems reasonable to the company or companies 

owning or operating such railroad or railroads and to the selectmen of the town, mayor of the city 

or warden of the borough within which such highway is situated and to the owners of the land 

adjoining such crossing, order such alterations in such highway as the commissioner deems best, 

and shall determine and direct by whom such alterations shall be made, at whose expense and 
106 

within what time; provided, in all cases arising under this section, one-fourth of the expense, 

including damages and special damages as aforesaid, shall be paid by the state and the remainder 

shall be assessed upon the railroad company or companies benefited by such order; and provided 

such alterations as are thus made at the primary instance of the commissioner shall not be 

ordered so as to direct the construction of more than one bridge in any one year on any one 

railroad. Railroad companies may take land for the purpose of this section. No land shall be 

taken by any railroad company for the purpose mentioned in this section, except such as the 

commissioner finds to be necessary for such purpose; but no such taking need be based upon any 

special finding that public necessity and convenience require such taking. 

Conn. Gen. Stat. Ann. § 13b-274 (West 2021) 

§ 13b-275. Petition for elimination of dangerous condition at crossings. Hearing 

Any public service company or companies whose tracks cross over, under or upon a state 

highway or any other main highway leading from one town to another, the municipality within 

which such crossing is located may bring a petition in writing to the Commissioner of 

Transportation for authority to eliminate any dangerous condition which exists at such crossing, 

and said commissioner shall thereupon appoint a time and place for hearing such petition or the 

commissioner may, on his own motion set such hearing and shall give such notice thereof to 

such company or companies and to any public service company having tracks, wires, poles or 

other fixtures located in or adjacent to such highway at or near such crossing, and to such 

municipality, to all adjoining land owners whose property would be affected as he judges 

reasonable. The petitioner shall file with such petition plans and specifications for, and an 

estimate of the cost of, removing such dangerous condition, including the cost of all labor, 

materials and engineering services and of the taking of any land or interest in land that may be 

necessary, together with the names and addresses of all persons or corporations whose land 

would be affected by the elimination of such dangerous condition. 

Conn. Gen. Stat. Ann. § 13b-275 (West 2021) 

*§ 13b-276. Elimination of dangerous condition 

The Commissioner of Transportation, if he finds that a dangerous condition exists at such 

crossing, except a dangerous condition arising out of improper or inadequate maintenance, shall 

issue such order to such municipality or to any such public service company directing the 

removal, change or relocation of such crossing, highway, tracks, pipes, wires, poles or other 

fixtures or tree or building or other structure, as may be necessary to eliminate such dangerous 

condition; and shall apportion the cost thereof among such public service company or 

companies, such municipality and the state, and shall determine the conditions and the time and 

manner of the payment of such apportionments, provided the portion of the cost to be paid by 

such public service company in the elimination of any such dangerous conditions on state 

maintained highways shall not exceed ten per cent. The party or parties ordered by said 

commissioner to perform the work necessary to remove such dangerous condition shall serve 

written notice, at least thirty days prior to the approximate date of the commencement of such 

work, upon all other parties in interest, including any public service company whose plant is 

involved or affected by such work, and any such public service company shall provide such 

means as may be necessary for the continued use of such plant in such manner as to best serve 

the interests and convenience of the public. 
107 

Conn. Gen. Stat. Ann. § 13b-276 (West 2021) 

*§ 13b-279. Highway crossed by more than one railroad 

When the Commissioner of Transportation, upon an application brought under the provisions of 

section 13b-270, finds that any highway crosses or is crossed by the tracks of more than one 

railroad, and the tracks of such railroads are so near together that public convenience requires the 

work of separating the grades to be done under and in compliance with one order, he shall give 

notice to all the companies operating such railroads to appear before him and be heard upon the 

application. After such notice and hearing, said commissioner shall determine what alterations 

shall be made, if any, so as to separate the grades of all of such crossings at the same time and 

shall determine by whom such work shall be done, and he shall apportion the expense to be 

borne by the railroad companies among such companies in such manner as he deems equitable. 

Conn. Gen. Stat. Ann. § 13b-279 (West 2021) 

*§ 13b-282. Change in location of highways crossed by a railroad 

When any highway passes over or under a railroad, if the convenience and necessity of the 

public require a change in such highway, the town, city or borough in which such highway is 

located may bring a petition to the Commissioner of Transportation in the manner prescribed in 

section 13b-270, and, after the notice prescribed by said section, said commissioner shall proceed 

to a hearing on such matter and may make such order as the commissioner deems necessary for 

the convenience and necessity of the public or the safe and suitable operation of the railroad. For 

the purposes of this section, said commissioner shall have and exercise all powers of said 

commissioner concerning the removal of grade crossings, and land may be taken. The party upon 

whom is imposed, by such order, the duty of making such changes in such highway may use the 

material and abutments of any existing bridge in the old highway in the construction of a bridge 

in the substituted or changed highway. The expense of any changes ordered as hereinbefore 

provided shall be apportioned, among the railroad company and the town, city or borough 

interested therein, in such manner as the commissioner deems equitable; but in no case shall an 

amount in excess of one-half of the expense of such alteration, including land damages or special 

damages, be assessed upon any such town, city or borough. 

Conn. Gen. Stat. Ann. § 13b-282 (West 2021) 

§ 13b-284. Reimbursement of towns and cities 

The amount assessed by any order of the Commissioner of Transportation, or the Superior Court 

upon appeal therefrom, against any town or city in this state, for the removal of a grade crossing 

in a highway which was in existence before the construction of the railroad, shall be reimbursed 

by the state to such town or city. Such town or city shall present its claim to the Comptroller, 

with proofs and certificates to his satisfaction from the commissioner; and the Comptroller shall 

thereupon draw his order on the Treasurer in favor of such town or city for the amount which he 

finds due on such claim. 

Conn. Gen. Stat. Ann. § 13b-284 (West 2021) 

§ 13b-294. Guards for rails at crossings 

When any railroad is crossed by a highway at the same level, the company operating such 

railroad shall, at its own expense, so guard its rails by plank or otherwise as to secure a safe and 
108 

easy passage across its road. If the selectmen of any town, the mayor of any city or the warden of 

any borough represents in writing to the Commissioner of Transportation that a company has 

failed to comply with the requirements of this section in regard to any highway within such 

town, city or borough, said commissioner shall examine such crossing and make such order as he 

deems necessary to carry out the provisions of this section. 

Conn. Gen. Stat. Ann. § 13b-294 (West 2021) 

* § 13b-345. Duties of commissioner re grade crossings. Traffic control devices and 

measures. Signs. Log, investigation and repair of malfunctioning crossing gates or signals 

(a) The Commissioner of Transportation shall investigate conditions surrounding all railroad 

crossings with public highways at grade and determine at which of such crossings public safety 

reasonably requires that any person traveling upon the highway shall come to a stop or proceed 

with caution before passing over the tracks at such crossing. The commissioner may require the 

railroad company at each of such crossings so determined to erect and maintain on the highway 

and within the limits of its right-of-way a “stop”, “caution” or other sign of a type approved by 

the commissioner, and may require the company at any grade crossing to erect and maintain 

stop, caution, warning or other signs of a type approved by the commissioner, but where the 

tracks cross at grade on state highways, the commissioner shall prescribe the nature of traffic 

control devices and traffic control measures to be installed at such grade crossings. When traffic 

control measures are to be installed on state highways, they shall be furnished and installed by 

the Commissioner of Transportation. 

(b) The commissioner shall require each railroad company operating trains at or above twentyfive miles per hour, at all of its crossings at grade with gates or signals, to erect and maintain, 

within the limits of its right-of-way, a sign advising the public to call the 911 emergency 

telecommunications number upon the malfunctioning of any grade crossing gates or signals. 

Such sign shall be of a type approved by the commissioner. 

(c) The commissioner shall require each railroad company to maintain logs, subject to the 

inspection of the department, listing all reports of the malfunctioning of its grade crossing gates 

or signals. Each log shall contain information concerning all investigations and actions taken by 

the company to repair the malfunctioning gates or signals. Each company shall report to the 

municipality all actions taken to repair any malfunctioning gates or signals within the 

municipality. 

(d) Each railroad company, upon receiving a report of the malfunctioning of one of its crossing 

gates or signals, shall immediately investigate such report and repair any malfunction. Such 

inspection shall not be completed from a moving train. 

Conn. Gen. Stat. Ann. § 13b-345 (West 2021) 

Delaware (2) 

§ 703. Crossing by state highways with watercourses or railroads 

(a) The Department may cross any canal, navigable stream or watercourse with a state highway, 

but in such manner as not unnecessarily to impede the navigation and use thereof, and also may 

cross any railroad or railway with a state highway and acquire the necessary easement for such 

crossing either by agreement with the owner, or on failure to agree, by condemnation thereof in 

accordance with Chapter 61 of Title 10. However, no state highway shall cross any railroad or 

railway at grade except at a point or place where such railroad or railway is now crossed at grade 

by a public road, provided, however, state highways may cross spurs, sidings and branchlines of 
109 

any railroad or railway at grade if approval is first obtained from the Secretary of the Department 

of Transportation to whom reasons and supporting data for requesting at grade crossing shall be 

furnished. All at grade crossings so approved shall be furnished with crossing protection, 

required by applicable federal, state and local regulations. 

(b) The Department may enter upon the lands or waters of any person for the purpose of making 

such examination and surveys for proposed highways as shall be required to be made in the 

selection of the most advantageous route for such highway, but subject at all times to 

responsibility for all and any damages which shall be done to the property of any such person or 

persons. 

Del. Code Ann. tit. 17, § 703 (West 2021) 

§ 1804. Railroad crossings; construction and protection 

(a) No public carrier engaged in the transportation of passengers or property shall, without prior 

order of the Department, construct its facilities across the facilities of any other such public 

utility or across any public highway at grade or above or below grade, or at the same or different 

levels; and, without like order, no such crossing heretofore or hereafter constructed shall be 

altered, relocated or abolished. 

(b) The Department is hereby vested with exclusive power to determine and prescribe, by 

regulation or order, the points at which, and the manner in which, such crossing may be 

constructed, altered, relocated or abolished, and the manner and conditions, including protective 

devices, in or under which such crossings shall be maintained, operated and protected to 

effectuate the prevention of accidents and the promotion of the safety of the public. 

(c) Upon its own motion or upon complaint, the Department shall have exclusive power after 

hearing upon notices to all parties in interest, including the owners of adjacent property, to order 

any such crossing heretofore or hereafter constructed to be relocated or altered, or to be 

abolished upon such reasonable terms and conditions as shall be prescribed by the Department. 

The Department may order the work of construction, relocation, alteration, protection or 

abolition of any crossing aforesaid to be performed in whole or in part by any public carrier or 

municipal corporation or county concerned or by the Department, or, in the case of any crossing 

on private land, by the owner thereof; provided, however, that when the Department or other 

governmental authority maintaining any public highway determines to use federal aid moneys in 

the construction, relocation, alteration, protection or abolition of any crossing aforesaid, then the 

Department shall take this into account in allocating costs. 

(d) The term “public highway” as used in this section means any road, lane or street maintained 

by the State or any municipal corporation or county for use by the travelling public, that abuts 

any railroad track or immediately abuts the right-of-way thereof. 

Del. Code Ann. tit. 2, § 1804 (West 2021) 

District of Columbia (3) 

§ 9-1201.14. Streets to be under or over railroad tracks. 

(a) Any and all streets or highways within the District of Columbia now or hereafter planned or 

projected to cross any line of railroad, other than a street railway, in the District of Columbia, 

which may be hereafter opened to public use, shall be located, constructed, and maintained either 

beneath such railroad by a suitable subway, or above the same by a suitable viaduct bridge at 

such altitude as will not interfere with the free and safe operation thereof; provided, however, 

that nothing herein contained shall require the location, construction, or maintenance of any such 
110 

street or highway under or above any spur, industrial, switching or sidetrack, or branch line of 

any railroad unless the Mayor of the District of Columbia shall find the same is necessary in the 

public safety. 

(b) The cost and expense of any project for opening any such street or highway within the limits 

of such railroad company's right-of-way, including the cost of constructing the portion of any 

viaduct bridge, within said limits, shall be borne and paid as follows: 

(1) The District of Columbia shall apply to the payment of such cost and expense all federal-aid 

highway-railway grade separation funds available for use by the District of Columbia at the time 

any such project is programmed and all such funds which become available for use on such 

projects by the District of Columbia during the construction of such project; 

(2) If such federal-aid highway-railway grade separation funds are insufficient to pay the cost 

and expense of any such project, the portion not so covered shall be paid one-half by the railroad 

company, its successors and assigns, whose tracks are crossed and one-half by the District of 

Columbia; provided, that in no case shall the obligation of the railroad company affected exceed 

10 per centum of the total cost and expense of such project; 

(3) After construction, the cost of maintenance shall be wholly borne and paid in the case of 

highway overpasses by the District of Columbia, and in the case of highway underpasses by the 

railroad company, its successors and assigns, whose tracks are crossed; and 

(4) The portions of such streets planned or projected as above which lie within a right-of-way 

belonging to such railroad company shall be dedicated by such company as a public thoroughfare 

when the portions of such street adjoining such right-of-way have been similarly dedicated or 

otherwise acquired. 

D.C. Code Ann. § 9-1201.14 (West 2021) 

§ 9-1201.15. Subways and viaducts to eliminate grade crossings authorized. 

(a) The Mayor of the District of Columbia be, and he is hereby, authorized and directed to 

construct viaducts and approaches thereto, to carry Fern and Varnum Streets over the tracks and 

right-of-way of the Baltimore and Ohio Railroad Company and to construct a viaduct and 

approaches thereto to carry Eastern Avenue over the tracks and rights-of-way of The 

Philadelphia, Baltimore, and Washington Railroad Company and the Baltimore and Ohio 

Railroad Company, in accordance with plans and profiles of said works to be approved by the 

said Mayor; provided, that one-half of the total cost of constructing the viaduct and approaches 

thereto at Varnum Street and one-half of the total cost of constructing the viaduct and approaches 

thereto at Fern Street shall be borne and paid by the said Baltimore and Ohio Railroad Company, 

its successors and assigns, and that one-half of the total cost of constructing the viaduct and 

approaches thereto at Eastern Avenue shall be borne and paid by the said Philadelphia, Baltimore 

and Washington Railroad Company and the said Baltimore and Ohio Railroad Company, their 

successors and assigns, in proportion to the widths of their respective land holdings, to the 

Collector of Taxes of the District of Columbia for deposit to the credit of the District of 

Columbia, and the said half cost shall be valid and subsisting liens against the franchises and 

property of the railroad companies concerned and shall constitute a legal indebtedness against 

the said railroad companies in favor of the District of Columbia, and said liens may be enforced 

in the name of the District of Columbia by a bill in equity brought by the said Mayor in the 

Superior Court of the District of Columbia, or by any other legal proceeding against the said 

railroad companies; provided, that no street railway company shall use the said viaduct or any 

approaches thereto herein authorized for its tracks until said companies shall have paid to the 
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Collector of Taxes of the District of Columbia, a sum equal to one-fourth of the total cost of 

constructing said viaducts and approaches, to be applied to the credit of the District of Columbia. 

No limitation shall run against claims made by the District of Columbia under the provisions of 

this section. 

(b) For the purpose of carrying into effect the provisions of this section, the sum of $405,000 is 

hereby authorized to be appropriated, payable in like manner as other appropriations, for the 

expenses of the government of the District of Columbia, and the said Mayor is authorized to 

expend such sum or sums as may be necessary for personal services, engineering, and incidental 

expenses. The said Mayor is further authorized to acquire, out of the appropriation herein 

authorized, the necessary land, or any portion of the same, by purchase at such price or prices as 

in his judgment he may deem reasonable and fair, or, in his discretion, by condemnation in 

accordance with the provisions of §§ 9-1217.12 to 9-1217.24, under a proceeding or proceedings 

in rem instituted in the Superior Court of the District of Columbia; provided, that of the entire 

amount found to be due and awarded by the jury as damages for, and in respect of, the land to be 

condemned to carry the provisions of this section into effect, plus the costs and expenses of the 

proceeding or proceedings taken pursuant hereto, not less than one-half thereof shall be assessed 

by the jury as benefits, the amounts collected as benefits to be covered into the Treasury of the 

United States to the credit of the District of Columbia. 

(c) Hereafter, the Mayor of the District of Columbia is authorized, whenever in his judgment it 

may be necessary for the public safety, and subject to appropriations to be made therefor by 

Congress, to construct subways or viaducts and approaches thereto, in accordance with plans and 

profiles of said works to be approved by him, to carry any street or highway crossing at grade 

any line of railroad track or tracks in the District of Columbia, or any street or highway within 

the District of Columbia now or hereafter planned or projected to cross any such line of railroad, 

under or over said track or tracks; provided, that the total cost of constructing any project for 

such viaduct or subway and approaches thereto shall be borne and paid as follows: 

(1) The District of Columbia shall apply to the payment of the cost of such project all federal-aid 

highway-railway grade separation funds available for use by the District of Columbia at the time 

any such project is programmed and all such funds which become available for use on such 

project by the District of Columbia during the construction of such projects; and 

(2) If such federal-aid highway-railway grade separation funds are insufficient to pay the cost of 

any such project, the portion not so covered shall be paid one-half by the railroad company, its 

successors and assigns, whose tracks are crossed and one-half by the District of Columbia; 

provided further, that in no case shall the obligation of the railroad company affected exceed 10 

per centum of the total cost of such project; provided further, that in the event the rights-of-way 

of 2 or more railroad companies are so crossed said half cost as herein provided shall be paid by 

the said railroad companies, their successors and assigns, in proportion to the widths of their 

respective landholdings, but the obligations of such companies shall not, in the aggregate, exceed 

10 per centum of the cost of such project; provided further, that after construction the cost of 

maintenance shall be wholly borne and paid in the case of highway overpasses by the District of 

Columbia, and in the case of highway underpasses by the railroad company, its successors and 

assigns, whose tracks are crossed; provided further, that in the event the rights-of-way of 2 or 

more railroad companies are so crossed, the cost of maintenance shall be borne and paid in the 

case of highway underpasses by the said railroad companies, their successors and assigns, in 

proportion to the widths of their respective landholdings. All provisions in respect to the method 

of payment and credit of said half cost, creation of a lien in respect thereto and enforcement 
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thereof, conditions of use thereof by street railway companies, and every other kind of condition 

provided in subsection (a) of this section, and the authorization and every condition in respect 

thereto for the acquisition of any necessary land provided in subsection (b) of this section, in 

relation to the viaducts and their approaches therein authorized, are hereby made applicable to 

the subways, viaducts, and approaches authorized in this section the same as if enacted at length 

herein. 

D.C. Code Ann. § 9-1201.15 (West 2021) 

§ 9-1205.03. Construction of switch connections--Grade crossings. 

Subject only to the approval of the Mayor of the District of Columbia the crossing of any public 

street or alley other than New York Avenue, within the limits of the total area noted in § 9-

1205.01 may be at or on grade. The said railroad shall, when and as directed by the Mayor of the 

District of Columbia, construct at its entire cost and expense, an additional overhead bridge for 

the track hereby authorized to be established over such other street located between Montello 

Avenue and New York Avenue as such street may now or may hereafter be shown on the Plan of 

the Permanent System of Highways. 

D.C. Code Ann. § 9-1205.03 (West 2021) 

Florida (3) 

*§ 125.01. Powers and duties 

(1) The legislative and governing body of a county shall have the power to carry on county 

government. To the extent not inconsistent with general or special law, this power includes, but 

is not restricted to, the power to: 

(m) Provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; 

eliminate grade crossings; regulate the placement of signs, lights, and other structures within the 

right-of-way limits of the county road system; provide and regulate parking facilities; and 

develop and enforce plans for the control of traffic and parking. Revenues derived from the 

operation of toll roads, bridges, tunnels, and related facilities may, after provision has been made 

for the payment of operation and maintenance expenses of such toll facilities and any debt 

service on indebtedness incurred with respect thereto, be utilized for the payment of costs related 

to any other transportation facilities within the county, including the purchase of rights-of-way; 

the construction, reconstruction, operation, maintenance, and repair of such transportation 

facilities; and the payment of indebtedness incurred with respect to such transportation facilities. 

Fla. Stat. Ann. § 125.01 (West 2021) Excerpt from applicable statute published. 

§ 335.141. Regulation of public railroad-highway grade crossings; reduction of hazards 

(1)(a) The department shall have regulatory authority over all public railroad-highway grade 

crossings in the state, including the authority to issue permits which shall be required prior to the 

opening and closing of such crossings. 

(b) A “public railroad-highway grade crossing” is a location at which a railroad track is crossed 

at grade by a public road. 

(2)(a) The department, in cooperation with the several railroad companies operating in the state, 

shall develop and adopt a program for the expenditure of funds available for the construction of 

projects for the reduction of the hazards at public railroad-highway grade crossings. The 
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department and the railroad companies are not liable for any action or omission in the 

development of such program or for the priority given to any crossing improvement. 

(b) Every railroad company maintaining a public railroad-highway grade crossing shall, upon 

reasonable notice from the department, install, maintain, and operate at such crossing traffic 

control devices to provide motorists with warning of the approach of trains. The department shall 

base its notice on its adopted program for the reduction of hazards at such crossings and on 

construction efficiency considerations relating to the geographical proximity of crossings 

included in such program. The design of the traffic control devices must be approved by the 

department, and the cost of their purchase and installation must be paid from the funds described 

in paragraph (a). 

(c) Any public railroad crossing opened prior to July 1, 1972, shall be maintained by the railroad 

company at its own expense, unless the maintenance has been provided for in another manner by 

contractual agreement entered into prior to October 1, 1982. If the railroad company fails to 

maintain the crossing, the unit of government with jurisdiction over the public road that is 

crossed, after notifying the railroad company of the needed repairs and after giving the company 

30 days after the date of receipt of the notice to make the repairs, shall proceed to make the 

repairs. The cost of repairs shall thereupon become a lien upon the railroad and its rolling stock, 

which lien shall be enforceable by an ordinary suit at law. Any judgment rendered under this 

paragraph shall include a reasonable attorney's fee. 

(d) Prior to commencing the construction, rehabilitation, or maintenance of the railroad grade or 

highway approaches at a public railroad-highway grade crossing, the railroad company or 

governmental entity initiating the work shall notify the other party in order to promote the 

coordination of activities and to ensure a safe crossing with smooth pavement transitions from 

the grade of the railroad to the highway approaches. 

(3) The department is authorized to regulate the speed limits of railroad traffic on a municipal, 

county, regional, or statewide basis. Such speed limits shall be established by order of the 

department, which order is subject to the provisions of chapter 120. The department shall have 

the authority to adopt reasonable rules to carry out the provisions of this subsection. Such rules 

shall, at a minimum, provide for public input prior to the issuance of any such order. 

(4) Jurisdiction to enforce such orders shall be as provided in s. 316.640, and any penalty for 

violation thereof shall be imposed upon the railroad company guilty of such violation. Nothing 

herein shall prevent a local governmental entity from enacting ordinances relating to the 

blocking of streets by railroad engines and cars. 

(5) Any local governmental entity or other public or private agency planning a public event, such 

as a parade or race, that involves the crossing of a railroad track shall notify the railroad as far in 

advance of the event as possible and in no case less than 72 hours in advance of the event so that 

the coordination of the crossing may be arranged by the agency and railroad to assure the safety 

of the railroad trains and the participants in the event. 

Fla. Stat. Ann. § 335.141 (West 2021) 

*§ 341.302. Rail program; duties and responsibilities of the department 

The department, in conjunction with other governmental entities, including the rail enterprise and 

the private sector, shall develop and implement a rail program of statewide application designed 

to ensure the proper maintenance, safety, revitalization, and expansion of the rail system to 

assure its continued and increased availability to respond to statewide mobility needs. Within the 
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resources provided pursuant to chapter 216, and as authorized under federal law, the department 

shall: 

(10) Administer rail operating and construction programs, which programs shall include the 

regulation of maximum train operating speeds, the opening and closing of public grade 

crossings, the construction and rehabilitation of public grade crossings, and the installation of 

traffic control devices at public grade crossings, the administering of the programs by the 

department including participation in the cost of the programs. 

Fla. Stat. Ann. § 341.302 (West 2021) Excerpt from applicable statute published. 

Georgia (8) 

§ 32-6-190. Maintenance of grade crossings 

Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such 

grade crossings in such condition as to permit the safe and reasonable passage of public traffic. 

Such duty of maintenance shall include that portion of the public road lying between the track or 

tracks and for two feet beyond the ends of the crossties on each side and extending four feet 

beyond the traveled way or flush with the edge of a paved shoulder, whichever is greater, of such 

crossing. 

Ga. Code Ann. § 32-6-190 (West 2021) 

§ 32-6-191. Responsibility for construction of new or relocated grade crossings 

(a) Where a new grade crossing results from the construction of a new or relocated railroad line, 

the railroad shall be responsible for and bear all expenses of the construction of such grade 

crossing. The department, when such a grade crossing is on the state highway system, a county, 

when such a grade crossing is on its county road system, or a municipality, when such a grade 

crossing is on its municipal street system, may impose such terms and conditions on the nature 

and manner of construction of such a grade crossing, including the installation of protective 

devices, as may be necessary for the safe and reasonable passage of public traffic. 

(b) Where a new grade crossing results from the construction of a new or relocated public road, 

the department, when such road is on the state highway system, a county, when such road is on 

its county road system, or a municipality, when such road is on its municipal street system, shall 

be responsible for and bear all expenses of the construction of such grade crossing. The railroad 

may impose such terms and conditions on the nature and manner of construction of such a grade 

crossing, including the installation of protective devices, as may be reasonably necessary for the 

safety and convenience of the traveling public. While on the right of way of any railroad during 

the construction of any such grade crossing, employees or contractors of the department or any 

county or municipality shall be subject to such rules and regulations of the railroad as may be 

reasonably necessary for the protection of its traffic, passengers, property, and its safe operation. 

(c) Notwithstanding subsection (b) of this Code section, the department, in respect to a grade 

crossing on the state highway system, a county, in respect to a grade crossing on its county road 

system, or a municipality, in respect to a grade crossing on its municipal street system, may close 

and relocate an existing grade crossing by relocation of a part of the public road involved, 

whenever such closing and relocation is reasonably necessary in the interest of public safety; and 

the procedure for such closing and relocation and the division of the costs of construction shall 

be the same as provided in Code Sections 32-6-194 and 32-6-195 for elimination of a grade 

crossing by construction of an underpass or overpass. 
115 

(d) Where there is disagreement as to the terms and conditions imposed on the nature and 

manner of construction by the department, county, or municipality pursuant to subsection (a) of 

this Code section or by the railroad pursuant to subsection (b) of this Code section, the 

department shall make such determination after reasonable opportunity for a hearing is given to 

all parties concerned. 

Ga. Code Ann. § 32-6-191 (West 2021) 

§ 32-6-192. Underpass or overpass instead of new or relocated railroad line or public road 

When the department, the county, or the municipality having jurisdiction of a public road 

determines that it is reasonably necessary and in the public interest to use an underpass or 

overpass instead of a grade crossing at a new or relocated railroad track or tracks or at a new or 

relocated public road, the procedure to be followed, the division of costs, and the maintenance 

responsibilities shall be the same as are provided in Code Sections 32-6-194 through 32-6-198. 

Ga. Code Ann. § 32-6-192 (West 2021) 

§ 32-6-194. Procedure for grade crossing elimination 

(a) Whenever the department, a county, or a municipality shall decide to eliminate any grade 

crossing on its respective public road system by means of an underpass or overpass, prompt 

notice of such decision shall be given to the railroad or railroads involved; and within 30 days 

thereafter the representatives of the department, the county, or the municipality and of the 

railroads involved shall meet and, within 90 days, agree to a plan and specifications for the 

construction of a grade separation structure. Any such agreement between a county or 

municipality and a railroad shall be submitted to the department for its approval; and work 

leading to the elimination of the grade crossing pursuant to the agreement shall not commence 

until and unless the department approves the same. The department, county, or municipality, by 

agreement with the railroad or railroads involved, may apportion the work to be done in the 

construction of such grade separation structure between the railroad or railroads and the 

department or the county or the municipality. 

(b) If agreement is not reached within 90 days, the department, county, or municipality may 

proceed with construction of a grade separation structure or may by written order direct the 

railroad or railroads involved to proceed with the construction of a grade separation structure 

according to the plan and specifications accompanying such order, provided that no work shall 

be begun on any grade separation structure on a county or municipal public road system until and 

unless the department approves the plan and specifications of such structure. It shall be the duty 

of said railroad to begin work on any such grade separation structure within four months after 

receipt of an order to that effect and to complete that structure within a reasonable time, provided 

that the railroad shall not be required to do the actual physical work of providing approaches by 

fill to an overpass or the excavating beneath an underpass or the approaches thereto, although the 

cost of such work shall be considered as part of the costs of the grade crossing elimination, 

whether actually performed by the railroad, the department, the county, or the municipality; and 

such costs shall be apportioned as provided in Code Section 32-6-195. If the railroad does not 

begin work within four months after receipt of an order to that effect, the department, county, or 

municipality may proceed with the construction of the proposed grade separation structure. If the 

railroad begins work within four months after receipt of an order to that effect but thereafter fails 

to complete such work within a reasonable time, the department, county, or municipality may 

proceed to complete the unfinished work. 
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(c) In any case where the construction of all or part of a grade separation structure is done by the 

department, a county, or a municipality, a statement of any railroad's share of the costs of the 

project, as determined pursuant to Code Section 32-6-195, plus 8 percent per annum interest on 

each expenditure of the cost of such project shall be submitted to the railroad upon completion of 

the project. In the event that the railroad does not make payment or arrange to make payment to 

the department, county, or municipality within 60 days of receipt of the statement, the 

department shall certify the amount for collection to the Attorney General; or, in the case of a 

project on a county or municipal public road system, the county or municipality shall take 

appropriate action for the collection of the amount thereof. In the event said share is not paid 

within the time specified in this Code section, said share or any unpaid portion thereof shall bear 

interest at a rate of 8 percent per annum from the date due. 

(d) The department, a county, or a municipality shall not construct or require any railroad to 

construct an underpass of a plan, specification, or design, the strength of which, in the judgment 

of the railroad, shall not be sufficient to meet the requirements of its traffic thereover. In a plan 

providing for an overpass or underpass, the department, a county, or a municipality shall not 

interfere with or change the grade or alignment of the track or tracks of any railroad or relocate 

the line of the railroad without its consent. 

Ga. Code Ann. § 32-6-194 (West 2021) 

§ 32-6-195. Division of costs of grade crossing elimination project 

(a) The costs of the grade crossing elimination project in which the railroad or railroads shall be 

required to share shall include the costs of surveys, preparation of plans and specifications, the 

securing of estimates or bids, if any, and the total cost of construction of the grade separation 

structures involved, including the establishment of drainage and any excavation and other 

expenses involved in constructing public roadways or railroad lines under any grade separation 

structure. However, the railroad or railroads shall not be required to participate in the cost of any 

construction outside the limits of grade or alignment change required for the public road to go 

over or under the track or tracks of the railroad or railroads nor in any costs apportionable to 

purposes other than the elimination of the grade crossing. Where additional lanes are added to 

the public road, the railroad's share of the cost, if any, shall be based on the cost of a grade 

elimination project having the same number of lanes as the public road prior to the construction 

of said grade elimination project. 

(b)(1) The costs of the project shall be shared by the parties involved in such manner as may be 

agreed upon by the railroad or railroads involved and the department, county, or municipality. 

Such agreement shall have precedence over any existing agreement on the same subject matter 

and shall give consideration to the following factors: the benefits accruing to the railroad or 

railroads and to the public, respectively, from the elimination of the grade crossing; the 

circumstances under which the grade crossing was created; any preexisting rights of the railroad 

or railroads as result of being first in position; comparison of the degree of danger caused by the 

railroad or railroads and by quantity and character of traffic upon the public road; and what is 

generally, under comparable circumstances, considered to be reasonable, provided that in no 

event shall the railroad be required to pay more than 50 percent of the cost of a grade crossing 

elimination project on a county road system or on a municipal street system. In the event 

agreement cannot be reached, the determination of what portion of the costs shall be the fair and 

reasonable share of the railroads involved shall be made by the department after reasonable 

opportunity for hearing to all parties concerned. In making such determination, the department 
117 

shall give due regard to the considerations heretofore enumerated. The agreed value or, in the 

absence of agreement, the independently appraised value of the fee or any lesser interest in the 

right of way of the railroad used for such project shall be determined and such value credited to 

the railroad as a part of its participation in the cost of the project, provided that nothing in this 

Code section shall prevent the department, county, or municipality from exercising its rights of 

eminent domain as now or hereafter provided by law. 

(2) As used in this subsection, the term “costs of the project” means:

(A) In the case of a project for part of a county road or municipal street system, the total costs of 

such project less the sum of any funds for such project furnished by the federal and state 

governments; and 

(B) In the case of a project for part of the state highway system, the total costs of such project 

less any funds furnished by the federal government. 

Ga. Code Ann. § 32-6-195 (West 2021) 

§ 32-6-196. Temporary use of railroad right of way during construction 

All railroads shall permit the temporary use, free of cost, of so much of their rights of way as 

may be necessary during the construction or maintenance of any grade separation structures or 

any grade crossing or protective devices, provided that, whenever any employees or contractors 

of the department or of any county or municipality shall enter the right of way of any railroad, 

they shall be subject to any reasonable rules and regulations such railroad may make for the 

protection of its traffic, employees, passengers, and operations. 

Ga. Code Ann. § 32-6-196 (West 2021) 

§ 32-6-202. Procedure for requiring performance of maintenance responsibilities 

(a)(1) Whenever any maintenance of a grade separation structure, protective devices, or a grade 

crossing is necessary for the safe and reasonable passage of public traffic and such maintenance 

is the responsibility of a railroad under this part, the department in respect to the state highway 

system, the governing authority of the county in respect to its county road system, or the 

governing authority of the municipality in respect to its municipal street system may give written 

notice to the railroad of the necessity of such maintenance and order the railroad to comply with 

the maintenance requirements of this part. Such order shall be in writing and, as applicable, shall 

include the United States Department of Transportation inventory number and railroad milepost 

number, as well as the highway, street, or roadway name and number as identified on a general 

highway map prepared by the department. Such order shall be served upon the railroad by 

certified mail or statutory overnight delivery, return receipt requested. 

(2)(A) If any railroad fails to comply with such an order of a county or municipality within 30 

days after receipt of such notice and order, the county or municipal governing authority may file 

with the department a written request for review of the matter. Any such request for review shall 

be accompanied by a filing fee of $ 500.00 per grade crossing and shall include a copy of the 

order of the county or municipality. A copy of such request for review shall be served on the 

railroad by the county or municipality by certified mail or statutory overnight delivery, return 

receipt requested. The department shall within 30 days after the filing of such request investigate 

the matter, including undertaking consideration of any statement of position filed by the railroad 

within ten days after the filing of the request for review, and issue an order either requiring the 

railroad to take such action as is necessary for purposes of compliance with the maintenance 

requirements of this part or nullifying the order of the local governing authority. As part of such 
118 

order, the department shall assess all its costs of investigating and reviewing the matter against 

the railroad if a compliance order is issued or against the county or municipality if the order of 

the local governing authority is nullified, and the party so assessed shall be liable therefor to the 

department; provided, however, that any filing fee paid to the department by a county or 

municipality shall be applied to any such amount assessed against the county or municipality, 

and the balance of such filing fee, if any, shall be refunded to the county or municipality. Copies 

of any such order of the department shall be served upon the railroad and the local governing 

authority by certified mail or statutory overnight delivery, return receipt requested. The 

department shall keep detailed records of its costs of investigation and review for purposes of 

this subparagraph, and such records shall be subject to public inspection as provided by Article 4 

of Chapter 18 of Title 50. 

(B) If any railroad fails to comply with any order of the department under paragraph (1) of this 

subsection or subparagraph (A) of this paragraph within 30 days after receipt of such order, then 

after notice and opportunity for a hearing, the railroad shall be subject to a civil penalty in the 

amount of $500.00 per day from 30 days after the date of receipt of the order of the department 

until the railroad has complied with the order of the department; provided, however, that the 

department may grant an extension of time for compliance without penalty upon a showing that 

the railroad's failure to timely comply was due to force majeure. The provisions of this 

subparagraph are in addition to the provisions of Code Sections 32-1-10 and 32-6-1, if 

applicable. Any fine under this subparagraph shall be tolled for the period from the filing of a 

petition for a judicial review under Code Section 32-6-203 until the rendering of a final decision. 

(3) Each railroad whose track or tracks cross a public road in this state shall identify in writing to 

the department, by job title and with contact information, the appropriate office responsible for 

the maintenance of grade separation structures, protective devices, and grade crossings and upon 

which the notices and orders provided for in this subsection shall be served. Such information 

shall be kept current by the railroad and shall be made publicly available and accessible by the 

department. 

(4) Nothing in this subsection shall be construed so as to prevent the department, a county, or a 

municipality from performing any emergency maintenance which is necessary for the safe and 

reasonable passage of public traffic, provided reasonable notice is given to the railroad involved, 

and from collecting the expenses of such maintenance. 

(b) Whenever any maintenance of a grade separation structure, protective devices, or a grade 

crossing is reasonably necessary for the safe passage of railroad traffic and such maintenance is 

the responsibility of the department, a county, or a municipality, the railroad concerned may give 

written notice to the department, county, or municipality of the necessity of such maintenance. If 

the department, county, or municipality does not proceed with the performance of such 

maintenance within 30 days after receipt of such notice, the railroad may proceed to enforce 

performance of such maintenance as provided in Code Section 32-6-175. Nothing in this 

subsection shall be construed so as to prevent a railroad from performing any emergency 

maintenance which is necessary for the safe passage of railroad traffic, provided reasonable 

notice is given to the department, county, or municipality involved, and from collecting the 

expenses of such maintenance. 

Ga. Code Ann. § 32-6-202 (West 2021) 

§ 46-8-126. Crossings, acquisition of additional lands for 
119 

In all cases where a railroad crosses a highway and the cutting makes a change in the route of 

any such highway or a change is desirable with a view to easier ascent or descent, the railroad 

company may take such additional lands for the construction of such highway upon a new route 

as may be deemed necessary by the directors. In taking property under this Code section, the 

railroad company shall proceed in the manner provided in Title 22 for condemning rights of way 

and other property. 

Ga. Code Ann. § 46-8-126 (West 2021) 

Hawaii (2) 

§ 273-2. Granting public lands, etc. 

The department of land and natural resources, with the consent of the governor, may grant a 

right-of-way, not greater than forty feet in width, through all public lands, to any corporation as 

aforesaid for the purpose of building the railroad or railroads. With like consent and approval, 

the department may grant the use of such public lands, lying alongside and abutting such rightof-way, as may be reasonably necessary for buildings, stations, depots, or other structures, for 

railroad purposes only. 

Haw. Rev. Stat. Ann. § 273-2 (West 2021) 

§ 291C-92. All vehicles must stop at certain railroad grade crossings 

The director of transportation and the counties are authorized to designate particularly dangerous 

highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are 

erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the 

nearest rail of such railroad and shall proceed only if no train is approaching. If a train is 

approaching, and is approximately within fifteen hundred feet of the crossing, the driver must not 

proceed until after the train has passed. 

Haw. Rev. Stat. Ann. § 291C-92 (West 2021) 

Idaho (9) 

§ 62-206. Crossing other railroads and highways 

Whenever the track of such railroad crosses a railroad or highway, such railroad or highway may 

be carried under, over, or on a level with the track as may be most expedient; and in cases where 

an embankment or cutting necessitates a change in the line of such railroad or highway, the 

corporation may take such additional lands and materials as are necessary for the construction of 

such road or highway on such new line. If such other necessary lands cannot be had otherwise, 

they may be condemned as provided in the Code of Civil Procedure; and when compensation is 

made therefor, the same becomes the property of the corporation. 

Idaho Code Ann. § 62-206 (West 2021) 

§ 62-301. Crossings of state highways and railroads--Elimination or alteration--Cost 

Whenever a state highway crosses or shall hereafter cross one or more railroads, and whenever 

the Idaho transportation department shall determine that the elimination of a grade crossing, 

whether by separation of grades or by relocation of the highway or railroad or both, or the 

reconstruction of an existing structure under or over the railroad or railroads, is necessary for 

public safety and convenience or for the proper construction or reconstruction of said state 

highway, the said Idaho transportation department shall have full authority to negotiate with and 
120 

enter into an agreement with the railroad company or companies, and with any other persons and 

authorities concerned, to provide for the method of elimination or alteration and for the division 

of the cost thereof between the state and the railroad company or companies and any other 

parties to such agreement, such cost to include all changes of highway or railroads made 

necessary by the existence of the crossing and by the elimination or alteration thereof, and the 

acquisition of any right of way required therefor. 

Idaho Code Ann. § 62-301 (West 2021) 

§ 62-302. Complaint to public utilities commission 

If the Idaho transportation department shall be unable to agree with the railroad company or 

companies upon the elimination or alteration to be made or upon the division of the cost of such 

elimination or alteration, said department, or railroad company or companies, shall make written 

complaint to the public utilities commission, setting forth the changes and alteration desired and 

the necessity therefor. 

Idaho Code Ann. § 62-302 (West 2021) 

§ 62-303. Crossings not on state highways--Elimination or alteration 

Whenever a highway not a state highway crosses one or more railroads, the local authorities in 

their respective jurisdictions, or railroad company or companies, shall have the same authority 

and perform the same duties with respect to the elimination or alteration of such crossing as are 

granted to and required of the Idaho transportation department and railroad company or 

companies by this chapter. 

Idaho Code Ann. § 62-303 (West 2021) 

§ 62-304. Hearing and order by public utilities commission 

Whenever a complaint is made to the public utilities commission by the Idaho transportation 

department, or by a railroad company or companies, or upon motion by the Idaho public utilities 

commission, or local authorities in their respective jurisdictions with respect to the elimination or 

alteration of a crossing of a highway with one or more railroads the said commission shall and is 

hereby authorized and empowered to hear and determine such complaint in accordance with the 

provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, taking into consideration the 

necessity for such elimination or alteration and the cost thereof, the location of any crossing and 

the manner in which it shall be constructed or reconstructed and maintained, or whether a 

crossing is to be eliminated and the provisions therefor, and shall make such order in relation 

thereto as shall be equitable, and shall determine what portion of the cost shall be paid by any 

party to the controversy: provided, that no cost shall be charged to the Idaho public utilities 

commission, and that no portion of the cost of eliminating or altering a crossing not on a state 

highway shall be ordered to be paid out of the state highway fund. 

Idaho Code Ann. § 62-304 (West 2021) 

§ 62-304B. Administration of the railroad grade crossing protection account 

Subject to the provisions of section 62-304, Idaho Code, the Idaho transportation department is 

charged with sole and exclusive administration of the railroad grade crossing protection account. 

Idaho Code Ann. § 62-304B (West 2021) 
121 

§ 62-304C. Apportionment of costs 

The Idaho transportation department shall follow federal guidelines on such grade crossing 

improvement projects as are to be funded in whole or in part under any federal act, and where the 

project is not funded entirely by federal funds, the Idaho transportation department may use 

moneys in the railroad grade crossing protection fund to pay all or a portion of the matching 

funds required. 

On projects where federal-aid funds are not being utilized in whole or in part, the Idaho 

transportation department shall apportion the entire cost of the engineering, installation, 

reconstruction or improvement of any signal or device as described in section 62-304A, Idaho 

Code, between the railroad company or companies and the Idaho transportation department or 

the local authority, in proportion to the respective benefits to be derived. The Idaho 

transportation department may use moneys in the railroad grade crossing protection fund to pay 

all or a portion of the cost apportioned to the Idaho transportation department or local authority 

involved. 

The railroad company or companies owning the track or tracks upon which the improvement 

shall be made shall perform all construction and maintenance of the signals or devices and shall 

be reimbursed for such part of said costs not to be borne by it, but in allocating said costs and 

dividing the same among the parties involved, the Idaho transportation department shall limit the 

amount to be charged against the railroad company or companies to a maximum of ten percent 

(10%) of the total cost of such construction, unless the crossing is a new one proposed by the 

railroad company or companies, in which case the entire cost of construction shall be 

apportioned to said railroad company or companies. 

Upon application to the Idaho transportation department, and with the approval of the Idaho 

transportation board, a maximum of twenty-five thousand dollars ($25,000) annually may be 

provided from the railroad grade crossing protection fund to support public education and safety 

programs which promote awareness of public safety at railroad grade crossings of public streets, 

roads or highways over the tracks of any railroad company or companies. 

Idaho Code Ann. § 62-304C (West 2021) 

§ 62-306. Construction and maintenance of railroad grade crossings 

Whenever a state or county highway crosses or shall hereafter cross a railroad at grade, the 

railroad company shall at its own expense construct and maintain that portion of such highway 

between the rails and for a distance of not less than two (2) feet outside the outer rails. The 

crossing shall be planked or surfaced with other suitable material for the full width of the 

traveled way, including shoulders, and shall be maintained at all times in a smooth and firm 

condition. Where a public agency having jurisdiction of the highway crossing the railroad wishes 

to have the crossing surfaced with material of higher quality, the public agency and the railroad 

company may agree that the railroad company install the material and that the additional cost, 

over and above the cost of the railroad company's standard installation, may be paid for by the 

public agency with public funds. 

Idaho Code Ann. § 62-306 (West 2021) 

§ 62-307. Permission for new crossing of highways and railroads 

No new railroad and no alteration or extension of an existing railroad shall hereafter cross any 

highway at grade, and no new highway shall hereafter cross any railroad at grade without the 

written permission of the Idaho transportation board first having been obtained. Neither a side 
122 

track, team track, passing track nor house track shall be deemed a railroad within the meaning of 

this section. The term highway as used in this section shall not include streets and alleys in cities. 

Idaho Code Ann. § 62-307 (West 2021) 

Illinois (8) 

*§ 505/8. Distribution of proceeds of tax 

§ 8. Except as provided in subsection (a-1) of this Section, Section 8a, subdivision (h)(1) of 

Section 12a, Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all money received by the 

Department under this Act, including payments made to the Department by member jurisdictions 

participating in the International Fuel Tax Agreement, shall be deposited in a special fund in the 

State treasury, to be known as the “Motor Fuel Tax Fund”, and shall be used as follows:

(a) 2 1/2 cents per gallon of the tax collected on special fuel under paragraph (b) of Section 2 and 

Section 13a of this Act shall be transferred to the State Construction Account Fund in the State 

Treasury; the remainder of the tax collected on special fuel under paragraph (b) of Section 2 and 

Section 13a of this Act shall be deposited into the Road Fund; 

(c) $3,500,000 shall be transferred each month to the Grade Crossing Protection Fund to be used 

as follows: not less than $12,000,000 each fiscal year shall be used for the construction or 

reconstruction of rail highway grade separation structures; $2,250,000 in fiscal years 2004 

through 2009 and $3,000,000 in fiscal year 2010 and each fiscal year thereafter shall be 

transferred to the Transportation Regulatory Fund and shall be accounted for as part of the rail 

carrier portion of such funds and shall be used to pay the cost of administration of the Illinois 

Commerce Commission's railroad safety program in connection with its duties under subsection 

(3) of Section 18c-7401 of the Illinois Vehicle Code,2 with the remainder to be used by the 

Department of Transportation upon order of the Illinois Commerce Commission, to pay that part 

of the cost apportioned by such Commission to the State to cover the interest of the public in the 

use of highways, roads, streets, or pedestrian walkways in the county highway system, township 

and district road system, or municipal street system as defined in the Illinois Highway Code,3 as 

the same may from time to time be amended, for separation of grades, for installation, 

construction or reconstruction of crossing protection or reconstruction, alteration, relocation 

including construction or improvement of any existing highway necessary for access to property 

or improvement of any grade crossing and grade crossing surface including the necessary 

highway approaches thereto of any railroad across the highway or public road, or for the 

installation, construction, reconstruction, or maintenance of a pedestrian walkway over or under 

a railroad right-of-way, as provided for in and in accordance with Section 18c-7401 of the 

Illinois Vehicle Code. The Commission may order up to $2,000,000 per year in Grade Crossing 

Protection Fund moneys for the improvement of grade crossing surfaces and up to $300,000 per 

year for the maintenance and renewal of 4-quadrant gate vehicle detection systems located at 

non-high speed rail grade crossings. The Commission shall not order more than $2,000,000 per 

year in Grade Crossing Protection Fund moneys for pedestrian walkways. In entering orders for 

projects for which payments from the Grade Crossing Protection Fund will be made, the 

Commission shall account for expenditures authorized by the orders on a cash rather than an 

accrual basis. For purposes of this requirement an “accrual basis” assumes that the total cost of 

the project is expended in the fiscal year in which the order is entered, while a “cash basis” 

allocates the cost of the project among fiscal years as expenditures are actually made. To meet 

the requirements of this subsection, the Illinois Commerce Commission shall develop annual and 

5-year project plans of rail crossing capital improvements that will be paid for with moneys from 
123 

the Grade Crossing Protection Fund. The annual project plan shall identify projects for the 

succeeding fiscal year and the 5-year project plan shall identify projects for the 5 directly 

succeeding fiscal years. The Commission shall submit the annual and 5-year project plans for 

this Fund to the Governor, the President of the Senate, the Senate Minority Leader, the Speaker 

of the House of Representatives, and the Minority Leader of the House of Representatives on the 

first Wednesday in April of each year; 

35 Ill. Comp. Stat. Ann. 505/8 (West 2021) Excerpt from applicable statute published. 

*§ 5/4-101. Powers and duties of department

§ 4-101. The Department shall have the powers and duties stated in Sections 4-101.1 to 4-

101.16, inclusive. 

605 Ill. Comp. Stat. Ann. 5/4-101(West 2021) 

§ 5/4-101.16. Schedule of priorities of needs for separation of railroad-highway grade 

crossings 

§ 4-101.16. To prepare or cause to be prepared and maintain or cause to be maintained a 

schedule of priority of needs in the selection of railroad-highway grade crossings to be separated 

without regard to whether the highway is maintained by the State or any county, township or 

municipality. Such schedule shall be based on current and projected vehicular traffic and train 

movements over the railroad-highway grade crossing, the frequency and duration of interruptions 

to vehicular traffic, and the impact of separating the railroad-highway grade crossing on adjacent 

residential, economic and governmental interests. 

605 Ill. Comp. Stat. Ann. 5/4-101.16 (West 2021) 

§ 5/5-701.14. Construction and maintenance of grade separations 

§ 5-701.14. Any county board may also use its allotted motor fuel tax funds for the construction 

and maintenance of grade separations and approaches thereto which avoid or replace grade 

crossings at intersections of county highways and railroad tracks. 

605 Ill. Comp. Stat. Ann. 5/5-701.14 (West 2021) 

§ 5/18c-1502.10. Railroad-Highway Grade Crossing and Grade Separation Fee 

§ 18c-1502.10. Railroad-Highway Grade Crossing and Grade Separation Fee. Beginning with 

calendar year 2004, every rail carrier shall pay to the Commission for each calendar year a fee of 

$28 for each location at which the rail carrier's track crosses a public road, highway, or street, 

whether the crossing be at grade, by overhead structure, or by subway. The fee shall be based on 

the number of the crossings as of January 1 of each calendar year, and the fee shall be due by 

February 1 of each calendar year. 

625 Ill. Comp. Stat. Ann. 5/18c-1502.10 (West 2021) 

*§ 5/18c-7401. Safety Requirements for Track, Facilities, and Equipment 

(2) Adoption of Federal Standards. The track safety standards and accident/incident standards 

promulgated by the Federal Railroad Administration shall be safety standards of the 

Commission. The Commission may, in addition, adopt by reference in its regulations other 

federal railroad safety standards, whether contained in federal statutes or in regulations adopted 

pursuant to such statutes. 
124 

(3) Railroad Crossings. No public road, highway, or street shall hereafter be constructed across 

the track of any rail carrier at grade, nor shall the track of any rail carrier be constructed across a 

public road, highway or street at grade, without having first secured the permission of the 

Commission; provided, that this Section shall not apply to the replacement of lawfully existing 

roads, highways, and tracks. No public pedestrian bridge or subway shall be constructed across 

the track of any rail carrier without having first secured the permission of the Commission. The 

Commission shall have the right to refuse its permission or to grant it upon such terms and 

conditions as it may prescribe. The Commission shall have power to determine and prescribe the 

manner, including the particular point of crossing, and the terms of installation, operation, 

maintenance, use, and protection of each such crossing. 

The Commission shall also have power, after a hearing, to require major alteration of or to 

abolish any crossing, heretofore or hereafter established, when in its opinion, the public safety 

requires such alteration or abolition, and, except in cities, villages, and incorporated towns of 

1,000,000 or more inhabitants, to vacate and close that part of the highway on such crossing 

altered or abolished and cause barricades to be erected across such highway in such manner as to 

prevent the use of such crossing as a highway, when, in the opinion of the Commission, the 

public convenience served by the crossing in question is not such as to justify the further 

retention thereof; or to require a separation of grades, at railroad-highway grade crossings; or to 

require a separation of grades at any proposed crossing where a proposed public highway may 

cross the tracks of any rail carrier or carriers; and to prescribe, after a hearing of the parties, the 

terms upon which such separations shall be made and the proportion in which the expense of the 

alteration or abolition of such crossings or the separation of such grades, having regard to the 

benefits, if any, accruing to the rail carrier or any party in interest, shall be divided between the 

rail carrier or carriers affected, or between such carrier or carriers and the State, county, 

municipality or other public authority in interest. However, a public hearing by the Commission 

to abolish a crossing shall not be required when the public highway authority in interest vacates 

the highway. In such instance the rail carrier, following notification to the Commission and the 

highway authority, shall remove any grade crossing warning devices and the grade crossing 

surface. 

The Commission shall also have power by its order to require the reconstruction, minor 

alteration, minor relocation, or improvement of any crossing (including the necessary highway 

approaches thereto) of any railroad across any highway or public road, pedestrian bridge, or 

pedestrian subway, whether such crossing be at grade or by overhead structure or by subway, 

whenever the Commission finds after a hearing or without a hearing as otherwise provided in 

this paragraph that such reconstruction, alteration, relocation, or improvement is necessary to 

preserve or promote the safety or convenience of the public or of the employees or passengers of 

such rail carrier or carriers. By its original order or supplemental orders in such case, the 

Commission may direct such reconstruction, alteration, relocation, or improvement to be made in 

such manner and upon such terms and conditions as may be reasonable and necessary and may 

apportion the cost of such reconstruction, alteration, relocation, or improvement and the 

subsequent maintenance thereof, having regard to the benefits, if any, accruing to the railroad or 

any party in interest, between the rail carrier or carriers and public utilities affected, or between 

such carrier or carriers and public utilities and the State, county, municipality or other public 

authority in interest. The cost to be so apportioned shall include the cost of changes or alterations 

in the equipment of public utilities affected as well as the cost of the relocation, diversion or 

establishment of any public highway, made necessary by such reconstruction, alteration, 
125 

relocation, or improvement of said crossing. A hearing shall not be required in those instances 

when the Commission enters an order confirming a written stipulation in which the Commission, 

the public highway authority or other public authority in interest, the rail carrier or carriers 

affected, and in instances involving the use of the Grade Crossing Protection Fund, the Illinois 

Department of Transportation, agree on the reconstruction, alteration, relocation, or improvement 

and the subsequent maintenance thereof and the division of costs of such changes of any grade 

crossing (including the necessary highway approaches thereto) of any railroad across any 

highway, pedestrian bridge, or pedestrian subway. 

Every rail carrier operating in the State of Illinois shall construct and maintain every highway 

crossing over its tracks within the State so that the roadway at the intersection shall be as flush 

with the rails as superelevated curves will allow, and, unless otherwise ordered by the 

Commission, shall construct and maintain the approaches thereto at a grade of not more than 5% 

within the right of way for a distance of not less the 6 feet on each side of the centerline of such 

tracks; provided, that the grades at the approaches may be maintained in excess of 5% only when 

authorized by the Commission. 

625 Ill. Comp. Stat. Ann. 5/18c-7401 (West 2021) Excerpt from applicable statute published. 

*§ 5/18c-7402. Safety requirements for railroad operations 

(2) Other operational requirements. 

(c) Special speed limit; pilot project. The Commission and the Board of the Commuter Rail 

Division of the Regional Transportation Authority shall conduct a pilot project in the Village of 

Fox River Grove, the site of the fatal school bus accident at a railroad crossing on October 25, 

1995, in order to improve railroad crossing safety. For this project, the Commission is directed to 

set the maximum train speed limit for Regional Transportation Authority trains at 50 miles per 

hour at intersections on that portion of the intrastate rail line located in the Village of Fox River 

Grove. If the Regional Transportation Authority deliberately fails to comply with this maximum 

speed limit, then any entity, governmental or otherwise, that provides capital or operational funds 

to the Regional Transportation Authority shall appropriately reduce or eliminate that funding. 

The Commission shall report to the Governor and the General Assembly on the results of this 

pilot project in January 1999, January 2000, and January 2001. The Commission shall also 

submit a final report on the pilot project to the Governor and the General Assembly in January 

2001. The provisions of this subsection (c), other than this sentence, are inoperative after 

February 1, 2001. 

(d) Freight train crew size. No rail carrier shall operate or cause to operate a train or light engine 

used in connection with the movement of freight unless it has an operating crew consisting of at 

least 2 individuals. The minimum freight train crew size indicated in this subsection (d) shall 

remain in effect until a federal law or rule encompassing the subject matter has been adopted. 

The Commission, with respect to freight train crew member size under this subsection (d), has 

the power to conduct evidentiary hearings, make findings, and issue and enforce orders, 

including sanctions under Section 18c-1704 of this Chapter. As used in this subsection (d), “train 

or light engine” does not include trains operated by a hostler service or utility employees.

(3) Report and investigation of rail accidents. 

(b) Investigations. The Commission may investigate all railroad accidents reported to it or of 

which it acquires knowledge independent of reports made by rail carriers, and shall have the 

power, consistent with standards and procedures established under the Federal Railroad Safety 
126 

Act, as amended,1 to enter such temporary orders as will minimize the risk of future accidents 

pending notice, hearing, and final action by the Commission. 

625 Ill. Comp. Stat. Ann. 5/18c-7402 (West 2021) Excerpt from applicable statute published. 

§ 5/18c-7403. Enforcement and Waiver of Safety Requirements 

§ 18c-7403. Enforcement and Waiver of Safety Requirements. (1) Enforcement. Except with 

regard to grade crossing obstructions under Section 18c-7402 of this Chapter and trespass on 

railroad rights of way and yards under Section 18c-7503 of this Chapter, jurisdiction to initiate 

actions to enforce provisions of this Chapter is vested exclusively in the Commission. Where a 

valid federal statute, regulation, or order sets forth procedures or sanctions for violation of safety 

standards, and such procedures or sanctions are preemptive of state law, the Commission shall 

exercise its enforcement jurisdiction under this Article in accordance therewith. Otherwise, the 

provisions of this Chapter regarding enforcement procedures and sanctions shall apply. 

(2) Waiver. The Commission may waive any of the safety requirements under this Article if 

continued adherence to the requirement or requirements is not required for the safety of railroad 

employees or the public. 

625 Ill. Comp. Stat. Ann. 5/18c-7403 (West 2021) 

Indiana (15) 

§ 8-6-1-7 Relocation or consolidation of crossings; hearing on establishment or extension of

highway at grade over railroad; construction of new railroad 

Sec. 7. (a) Whenever the department finds it best to relocate or to consolidate highway crossings 

over railroads in this state, it has jurisdiction for that purpose, and may serve the board of county 

commissioners and the railroad companies with notice, and shall proceed to hear and determine 

said matters, and thereupon make such orders as, in the opinion of the department, are necessary 

to make the said relocation or consolidation effective. Such orders shall be binding upon the 

parties so served with the notice, and if not observed by them within the time prescribed in said 

orders, the department shall proceed as provided in section 4 of this chapter to enforce such 

orders. 

(b) Whenever it shall be desired to establish or extend a highway at grade over any railroad in 

this state, it shall be necessary, before establishing or extending the highway, that the petitioners 

shall, by a procedure to be prescribed by the department, petition to obtain the authority of the 

department under IC 8-6-7.7-3.4. The grant or refusal of authority therefor by the department 

shall be final and conclusive except as provided in this chapter. 

(c) Whenever it shall be desired by any railroad company to construct a new railroad at grade 

over any public highway or highways in this state, it shall be necessary for a company, by a 

procedure to be prescribed by the department, to petition to obtain the authority of the 

department under IC 8-6-7.7-3.4, but it shall not be necessary to obtain such authority when such 

new railroad has secured its rights of way or is under construction. The grant or refusal of such 

authority shall be final and conclusive, except as provided in this chapter. Nothing herein shall 

prevent the department from subsequently altering or rescinding any grant or refusal of authority 

to construct such highway or railway, if, in its discretion, such alteration should be made. 

Ind. Code Ann. § 8-6-1-7 (West 2021) 

§ 8-3-1-21.2 Restoration; apportionment of costs 
127 

Sec. 21.2. (a) The department may order the apportionment of costs that result from the 

restoration, under section 21.1(b) of this chapter, of grade crossings with abandoned railroads 

among the railroads and the public agencies. After receiving a petition from a railroad or an 

affected public agency, the department shall: 

(1) give notice of the pending action; 

(2) provide an opportunity for the affected parties to be heard by the commission; 

(3) apportion the costs among the railroad and the public agency according to section 21.1 of this 

chapter; and 

(4) adopt rules under IC 4-22-2 to establish the respective responsibilities of railroads and public 

agencies performing restoration work on grade crossings with abandoned railroads. 

(b) The department shall determine the reasonableness of the cost of the restoration charged to 

the railroad under section 21.1(c) of this chapter if the railroad petitions for that determination. 

Ind. Code Ann. § 8-3-1-21.2 (West 2021) 

§ 8-5-1-3 Crossings; maintenance 

Sec. 3. Whenever such railroad crossing is constructed in the manner provided for in the 

preceding section, it shall be the duty of each company respectively to maintain and keep in 

repair its own track, so as at all times to provide a ready, safe and convenient crossing for all 

locomotives, trains or cars passing on either road at such point. 

Ind. Code Ann. § 8-5-1-3 (West 2021) 

§ 8-6-1-4 Hearings on location and construction; orders 

Sec. 4. Whenever the department shall come to the conclusion, whether on account of the 

topography of the ground at the crossings, or on account of the great number of travelers using 

any crossing of a highway and railroad, or for any reason deemed by the department to be 

sufficient, that the grades of such crossing should be separated, and it shall be found practicable 

to do so, the department shall serve with notice the railroad company or companies, and also 

serve with notice the board of commissioners of the county or counties in which such highway 

crossing is located. Said notice shall set out that the department, on the day named, will consider 

the matter of separation of the grades at such crossing and the department shall have jurisdiction 

of the parties and the subject matter in said proceedings and shall hear and determine the matter. 

If satisfied that said crossing is dangerous to life and that safety and the accommodation of the 

public requires that the grades be separated, and that it is practicable to separate said grades, the 

department may so order. The department shall, in said order, prescribe the manner in which 

such separation shall be accomplished. The cost of such separation shall be borne one-fourth ( 1⁄4) 

by the county and counties in which such grade is separated and three-fourths ( 3⁄4 ) by the 

railroad company or companies, and whenever the department may order any such grades 

separated, it may, if it shall deem it best, relocate or consolidate highway crossings over 

railroads, street railroads, interurban street railroads, or suburban street railroads in this state, and 

may relocate or consolidate highways leading to any such crossing. If any of the parties to such 

proceeding fail or refuse to obey the orders of the department, the department may proceed, in 

any circuit or superior court of anyone (1) of the counties in which said highway crossing may be 

located, to enforce its orders. The provisions of this section shall not apply to cities of over 

twenty thousand (20,000) population. 

Ind. Code Ann. § 8-6-1-4 (West 2021) 
128 

§ 8-6-1-8 Number of crossings, determination 

Sec. 8. In determining the number of grade crossings the separation of which may be required 

under the provisions of this chapter, the railroad companies, street railroad, interurban street 

railroad, or suburban street railroad companies operating the lines of railway shall alone be 

considered, whether such lines are operated under the ownership of such companies or by lease, 

operating contract or otherwise. The number of miles so operated shall be determined by the 

length of the occupied main track right of way, regardless of the number of tracks operated 

thereon. 

Ind. Code Ann. § 8-6-1-8 (West 2021) 

§ 8-6-2.1-1 Separation or alteration of grade levels of public highway 

Sec. 1. The board of public works or board of public works and safety, referred to in this chapter 

as the board, of a city may, by resolution, require the separation or alteration of the grade levels 

of any public highway in the city and of any railroad crossing the public highway, either by 

carrying the public highway under or over the railroad, or by carrying the railroad under or over 

the public highway, or by any combination of these means. 

Ind. Code Ann. § 8-6-2.1-1 (West 2021) 

§ 8-6-2.1-2 Agreements for removal of railroad facilities; relocation and reconstruction of 

facilities 

Sec. 2. The board may enter into an agreement or agreements with any railroad company for the 

removal of any track, roadbed, yard, station or other railroad facilities, and provide for the 

relocation and reconstruction of those facilities or any part of them if the board determines it 

necessary in connection with an improvement to provide for the abandonment for railroad 

purposes of any right-of-way, land or other property owned and used or occupied for railroad 

purposes by any railroad company. 

Ind. Code Ann. § 8-6-2.1-2 (West 2021) 

*§ 8-6-2.1-3 State highway commission powers 

Sec. 3. (a) The Indiana department of transportation shall participate in the proceedings and in 

the cost of any improvements made pursuant to the proceedings provided for by this chapter if 

any improvements involve a highway which is part of the state highway system or a street or 

highway selected by the Indiana department of transportation as a route of a highway in the state 

highway system. 

(b) If the Indiana department of transportation participates in any proceedings as set out in this 

chapter and in the cost of improvements made pursuant to the proceedings, the county in which 

the city is located shall also participate in the proceedings and in the cost of any improvements 

that are made pursuant to the proceedings. 

Ind. Code Ann. § 8-6-2.1-3 (West 2021) 

*§ 8-6-3-1 Percentage allocation; railroads and public entities 

Sec. 1. (a) Whenever the separation of grades at the intersection of a railroad or railroads (as 

defined in IC 8-3-1-2) and a public street or highway is constructed, the railroad or railroads 

shall pay five (5) percent of the cost of the grade separation as provided in this chapter. 
129 

(b) This chapter shall apply to an existing crossing, a new crossing, or the reconstruction of an 

existing grade separation. 

(c) If more than one (1) railroad (as defined in IC 8-3-1-2) is involved in a separation, the 

railroads involved shall divide the amount to be paid by the railroads by agreement between the 

railroads. If the railroads fail to agree, the circuit court, superior court, or probate court of the 

county in which the crossing is located shall have jurisdiction, upon the application of a party, to 

determine the division of the amount to be paid by the railroads. The decision of the court is 

final, unless one (1) or more parties deeming themselves aggrieved by the decision of the court 

shall appeal therefrom to the court of appeals of Indiana within thirty (30) days, or within 

additional time not exceeding ninety (90) days, as may be granted by the court. The appeal shall 

be taken in substantially the same manner as an appeal in a civil case from the circuit court, 

superior court, or probate court. 

(d) If a grade separation shall involve a state highway that is a part of the state highway system 

of Indiana, or a street or highway selected by the Indiana department of transportation as a route 

of a highway in the state highway system, the state, out of the funds of the Indiana department of 

transportation or funds appropriated for the use of the Indiana department of transportation, shall 

pay ninety-five percent (95%) of the cost of the grade separation. 

(e) Before the Indiana department of transportation shall proceed with a grade separation within 

a city or town, the Indiana department of transportation shall first obtain the consent of the city, 

by a resolution adopted by the board or officials of the city having jurisdiction over improvement 

of the streets of the city, and any material modification of the plans upon which the consent was 

granted shall first be approved by the city by a similar resolution. 

(f) If such grade separation is on a highway or street not a part of the highways under the 

jurisdiction of the Indiana department of transportation, or a part of a route selected by it, but is 

within any city or town of the state, the city or town shall pay one-half ( 1⁄2 ) of ninety-five 

percent (95%) of the total of such cost and the county in which the crossing is located shall be 

liable for and pay one-half ( 1⁄2 ) of the ninety-five percent (95%). 

(g) If a grade separation that involves a state highway that is a part of the state highway system 

of Indiana, or a street or highway selected by the Indiana department of transportation as a route 

of a highway in the state highway system, necessitates the grade separation on other highways or 

streets, not a part of the highways under the jurisdiction of the Indiana department of 

transportation but within any city of the state of Indiana, then of the total cost of the grade 

separation on a highway or street not under the jurisdiction of the Indiana department of 

transportation but necessitated by the grade separation involving a highway or street which is a 

part of the state highway system, the city shall pay one-fourth ( 1⁄4 ) of ninety-five percent (95%) 

and the county in which the crossing is located shall be liable for and pay one-fourth ( 1⁄4 ) of the 

ninety-five percent (95%) of the total of the costs and the state out of the funds of the Indiana 

department of transportation or funds appropriated for the use of the Indiana department of 

transportation, shall be liable for and pay one-half ( 1⁄2 ) of the remaining portion. 

(h) If a crossing is not within any city or town and does not involve a highway under the 

jurisdiction of the Indiana department of transportation, then the county in which the crossing is 

located shall pay the ninety-five percent (95%) of the total cost which is not paid by the railroad 

or railroads. 

(i) The division of the cost of grade separation applies when the grade separation replaces and 

eliminates an existing grade crossing at which active warning devices are in place or ordered to 

be installed by a state regulatory agency, but when the grade separation does not replace nor 
130 

eliminate an existing grade crossing the state, county or municipality, as the case may be, shall 

bear and pay one hundred percent (100%) of the cost of the grade separation. 

(j) In estimating and computing the cost of the grade separation, there shall be considered as a 

part of costs all expenses reasonably necessary for preliminary engineering, rights-of-way and all 

work required to comply with the plans and specifications for the work, including all changes in 

the highway and the grade thereof and the approaches to the grade separation, as well as all 

changes in the roadbed, grade, rails, ties, bridges, buildings, and other structural changes in a 

railroad as may be necessary to effect the grade separation and to restore the railroad facilities 

aforesaid to substantially the same condition as before the separation. 

(k) The required railroad share of the cost shall be based on the costs for preliminary 

engineering, right-of-way, and construction within the limits described below: 

(1) Where a grade crossing is eliminated by grade separation, the structure and approaches for 

the number of lanes on the existing highway and in accordance with the current design standards 

of the governmental entity having jurisdiction over the highway involved. 

(2) Where another facility, such as a highway or waterway, requiring a bridge structure is located 

within the limits of a grade separation project, the estimated cost of a theoretical structure and 

approaches as described under subdivision (1) to eliminate the railroad-highway grade crossing 

without considering the presence of the waterway or other highway. 

(3) Where a grade crossing is eliminated by railroad or highway relocation, the actual cost of the 

relocation project, or the estimated cost of a structure and approaches as described under 

subdivision (1), whichever is less. 

(l) If the Indiana department of transportation or any city, town, or county is unable to reach an 

agreement with a railroad company after determining that construction or reconstruction of a 

grade separation, which replaces or eliminates the need for a grade crossing, is necessary to 

protect travelers on the roads and streets of the state, the appropriate unit or combination of units 

of government shall give a written notice of its intention to proceed with the construction or 

reconstruction of a grade separation to the superintendent or regional engineer of the railroad 

company. The notice of intention shall be made by the adoption of a resolution stating the need 

for the grade separation. If, after thirty (30) days, the railroad has not agreed to a division of 

inspections, plans and specifications, the number and type of jobs to be completed by each 

agency, a division of costs, and other necessary conditions, the Indiana department of 

transportation, city, town, or county may proceed with the grade separation exercising any and 

all of its powers to construct or reconstruct a bridge and, notwithstanding other provisions of this 

chapter, may pay for up to one hundred percent (100%) of the cost of the project. If the railroad 

is unable, for good cause, to pay the share of the cost required by this section, the city, town, or 

county may certify the amount owed by the railroad to the county auditor who shall prepare a 

special tax duplicate to be collected and settled for by the county treasurer in the same manner 

and at the same time as property taxes are collected. However, before the Indiana department of 

transportation, city, town, or county undertakes to do the work themselves they shall notify an 

agent of the railroad as to the time and place of the work. 

Ind. Code Ann. § 8-6-3-1 (West 2021) 

§ 8-6-3-2 Application of other laws; maintenance after construction 

Sec. 2. (a) This chapter shall not authorize the separation of grade crossings of railroads and 

highways where not authorized by other laws, but shall be considered as supplemental to other 

laws, and all division of costs as provided for in this chapter, and all provisions for the payment 
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and collection of such costs and expenses and other provisions of other laws relating to the 

subject matter shall continue in effect, except as inconsistent with this chapter. 

(b) Provided, however, that any such railroad or railroads shall be authorized to make all changes 

in the roadbed, grade, rails, ties, bridges, buildings, and other structural changes as may be 

necessary to effect such grade separation, and to restore such railroad facilities aforesaid to 

substantially the same condition as before said separation and the costs and expenses incurred by 

said railroad or railroads, and in excess of the amount, if any, to be borne by the railroad or 

railroads, as in this chapter provided, shall be paid by the state, county, or municipality, as the 

case may be, to such railroad or railroads making such changes. 

(c) After the construction of any such grade separation, the public authority or municipality 

having jurisdiction over such street or highway shall maintain the street or highway, and 

structures supporting it, and the drainage thereof, where the street or highway is carried over the 

railroad or railroads, and the railroad or railroad companies shall maintain its or their railway 

tracks, and where the street or highway is carried under any such railroad or railroads, then the 

public authority or municipality having jurisdiction over such street or highway, shall maintain 

the street or highway, and the drainage thereof, and the railroad or railroads shall maintain its or 

their roadbed and tracks and structures supporting the same. 

Ind. Code Ann. § 8-6-3-2 (West 2021) 

§ 8-6-7.7-3.1 Duty of department to specify criteria; considerations in applying criteria 

Sec. 3.1. (a) The Indiana department of transportation shall adopt rules under IC 4-22-2 

specifying criteria for: 

(1) the department to use in determining whether to open a new public railroad grade crossing; 

and 

(2) the department or a unit (as defined in IC 36-1-2-23) to use in determining whether to abolish 

a public railroad grade crossing. 

(b) In applying criteria required by subsection (a) to determine whether to open a new public 

railroad grade crossing, deny a public grade crossing closure, or abolish a public railroad grade 

crossing, the department or unit shall consider the following: 

(1) Timetable speed of passenger trains operated through the crossing. 

(2) Distance to an alternate crossing. 

(3) Accident history of the crossing for the five (5) years preceding the department's or the unit's 

consideration. 

(4) Amount of vehicular traffic and posted speed limits for the crossing. 

(5) Amount of freight trains and their timetable speeds operated through the crossing. 

(6) Type of warning device present at the crossing, if any. 

(7) Alignment of the roadway and the railroad, and the angle of the intersection of an alignment 

at the crossing. 

(8) Use of the crossing by: 

(A) trucks carrying hazardous materials; 

(B) vehicles carrying passengers for hire; 

(C) school buses; and 

(D) emergency vehicles. 

(9) Other appropriate criteria as determined by the department. 

Ind. Code Ann. § 8-6-7.7-3.1 (West 2021) 
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§ 8-6-7.7-4 Warning signals; costs; installation; time; civil penalties 

Sec. 4. (a) The Indiana department of transportation, whenever it orders the construction, 

installation, replacement, relocation, modernization, or improvement of automatic train-activated 

warning signals, may prescribe the division of the costs of the equipment, the installation of the 

equipment, the construction, and the operation and maintenance of the equipment between the 

railroad and the public. The share of the costs allocated to the public shall be paid with funds 

appropriated to the department for such purpose. In allotting the costs, IC 8-23-5-2 applies 

except as provided in subsections (b) through (c). 

(b) Whenever a grade crossing not protected by automatic warning signals is ordered so 

protected, the department shall prescribe the division of the cost of the equipment, its 

installation, its operation and maintenance, and its construction between the railroad involved 

and the public, giving due regard to the net benefits received by the parties, and the causes 

creating the need for signals at the crossing. 

(c) The physical work of constructing, installing, replacing, relocating, modernizing, or 

improving, and thereafter operating and maintaining automatic warning signals under order of 

the department shall be performed by the railroad involved. All orders of the department relating 

to the signals shall provide for allocation among the parties involved for the extraordinary costs 

of signal repair or replacement if they are damaged or destroyed by accident or external causes. 

(d) When the department orders the railroad to proceed with the construction, installation, 

relocation, modernization, or replacement of automatic signals at a grade crossing, the 

department shall order the railroad involved to complete the construction, installation, relocation, 

modernization, or replacement of signals not later than twelve (12) months after the date of the 

order. 

(e) A railroad may request the department for additional time to complete the construction, 

installation, relocation, modernization, or replacement of signals specified in the department's 

order under subsection (d). The railroad shall submit the request for additional time in writing to 

the department. The request shall specifically set forth the basis for the railroad's need for 

additional time to complete the work. The department's decision to grant or deny a request for 

additional time is not subject to review under IC 4-21.5. 

(f) If the railroad fails to complete the construction, installation, relocation, modernization, or 

replacement of signals by the date specified: 

(1) in the department's order under subsection (d); or 

(2) by the department if a request for additional time is granted by the department under 

subsection (e); 

the department may assess a civil penalty against the railroad of not more than one thousand 

dollars ($1000) for each day the construction, installation, relocation, modernization, or 

replacement of signals is late. 

(g) All civil penalties collected under this section shall be deposited with the treasurer of state to 

be deposited by the treasurer of state in the railroad grade crossing fund created under IC 8-6-

7.7-6.1. 

Ind. Code Ann. § 8-6-7.7-4 (West 2021) 

§ 8-6-12-1 Suit to collect municipal expenses; collection by special tax duplicate 

Sec. 1. (a) Each railroad company whose road or tracks lie in any public street, road, or alley in 

any city, town, or county shall properly grade, plank, gravel, or asphalt the road and tracks in 

accordance with the grade and surfacing material of the public street, road, or alley in such a 
133 

manner as to afford security for life and property of persons and vehicles using the public streets, 

roads, or alleys. 

(b) If a railroad company fails to comply with the provisions of this section, the city, town, or 

county in which the public street, road, or alley is located may, after thirty (30) days written 

notice to the superintendent or regional engineer of railroad company, do the work and either: 

(1) recover the amount of the cost thereof from the railroad company by suit filed in any court of 

competent jurisdiction, in which case the city, town or county may collect reasonable attorney 

fees; or 

(2) certify the amount owed to the county auditor who shall prepare a special tax duplicate to be 

collected and settled for by the county treasurer in the same manner and at the same time as 

property taxes are collected; 

provided, that before the municipal corporation, city, town, or county shall undertake to do the 

work themselves they shall notify an agent of the railroad as to the time and place. 

Ind. Code Ann. § 8-6-12-1 (West 2021) 

§ 8-23-5-2 Construction and reconstruction of railroad crossings; costs; repair and 

maintenance 

Sec. 2. (a) If a highway or road is being constructed or reconstructed so that it crosses or 

intersects the existing tracks of a railroad at grade level at a point where no crossing previously 

existed, the department, county, city, or town under whose jurisdiction the crossing lies shall pay 

the cost of the construction of the new crossing, the approaches to the crossing, and the cost of 

the necessary protective or crossing warning signals. After construction, the owner or lessee of 

the railroad shall maintain the crossing and protective or crossing warning signals and keep them 

in repair at the owner's or lessee's cost. 

(b) If the owner or lessee of a railroad is constructing or reconstructing railroad tracks so that the 

tracks cross or intersect a highway or road at grade level at a point where no railroad crossing 

previously existed, the owner or lessee of the railroad shall pay the cost of the construction of the 

new crossing, the approaches to the crossing, and the cost of the necessary protective or crossing 

warning signals. After construction, the owner or lessee of the railroad shall maintain the 

crossing and protective or crossing warning signals and keep them in repair at the owner's or 

lessee's cost. 

(c) If a highway or road crosses or intersects the tracks of a railroad at grade level and the 

highway or road is reconstructed to alter the existing crossing or intersection by a change of 

grade, widening or changing the type of pavement, or by changing the angle of the intersection, 

the department, county, city, or town under whose jurisdiction the crossing lies shall pay the cost 

of the reconstruction of the crossing, the approaches to the crossing, and the cost of the necessary 

protective or crossing warning signals. After reconstruction, the owner or lessee of the railroad 

shall maintain the crossing and protective or crossing warning signals and keep them in repair at 

the owner's or lessee's cost. 

(d) If the owner or lessee of a railroad reconstructs or alters the tracks of a railroad that crosses or 

intersects a highway or road at grade level so that it is necessary to reconstruct or alter the 

crossing or intersection, the owner or lessee of the railroad shall pay the cost of the 

reconstruction or altering of the crossing, the approaches to the crossing, and the cost of the 

necessary protective or crossing warning signals. After construction, the owner or lessee of the 

railroad shall maintain the crossing and protective or crossing warning signals and keep them in 

repair at the owner's or lessee's cost. 
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(e) Notwithstanding subsections (a) through (d), the department, a county, a city, or a town under 

whose jurisdiction a railroad crossing lies may provide highway or road surface maintenance at a 

railroad crossing if the department, county, city, or town requests and receives written approval 

from the railroad owner or lessee before commencing the highway or road surface maintenance. 

The cost of the maintenance may be wholly or partially borne by the department, county, city, or 

town upon agreement with the railroad. 

(f) Any construction, reconstruction, or maintenance of highway or road surfaces provided for in 

this section may be paid for from funds obtained under 23 U.S.C. 130. 

(g) A railroad whose tracks lie in any public highway or road shall properly grade, surface, and 

maintain the highway, road, and railroad tracks within the boundaries described in subsection 

(h): The railroad is responsible for the repair and maintenance of the grade and surface occupied 

by the railroad tracks, including the space: 

(1) in accordance with the grade and surfacing material of the highway or road; and 

(2) in a manner as to afford security for life and property of persons and vehicles using the 

highway or road. 

(h) The railroad is responsible for the repair and maintenance of the grade and surface occupied 

by the railroad tracks, including the space: 

(1) between the rails of a railroad track; 

(2) between the railroad tracks if there are at least two (2) railroad tracks; and 

(3) that extends eighteen (18) inches in width on the outside of each rail of a railroad track. 

Ind. Code Ann. § 8-23-5-2 (West 2021) 

§ 8-23-9-40 Railroad crossings; separation of grades 

Sec. 40. Whenever a state highway is being constructed or reconstructed and the highway crosses 

or intersects a railroad, the department may, if in its opinion it is practicable, separate grades at 

the crossings. If the department is unable to agree with the railroad as to the separation and the 

method of accomplishing the separation, the department shall apply to the utility regulatory 

commission by verified petition asking that the grades be separated at the crossing. 

Ind. Code Ann. § 8-23-9-40 (West 2021) 

Iowa (15) 

*§ 306.10. Power to establish, alter, or vacate 

In the construction, improvement, operation or maintenance of any highway, or highway system, 

the agency which has control and jurisdiction over such highway or highway system, shall have 

power, on its own motion, to alter or vacate and close any such highway or railroad crossing 

thereon, and to establish new highways or railroad crossing thereon which are or are intended to 

become a part of the highway system over which said agency has jurisdiction and control. 

Iowa Code Ann. § 306.10 (West 2021)

§ 306.11. Hearing--place--date 

In proceeding to the vacation and closing of a road, part thereof, or railroad crossing, the agency 

in control of the road, or road system, shall fix a date for a hearing on the vacation and closing in 

the county where the road, or part thereof, or crossing, is located, and if located in more than one 

county, then in a county in which any part of the road or crossing is located. If the road to be 

vacated or changed is a secondary road located in more than one county, the boards of 
135 

supervisors of the counties, acting jointly, shall fix a date for a hearing on the vacation or change 

in either or any of the counties where the road, or part thereof, is located. If the proposed 

vacation is of part of a road right-of-way held by easement and will not change the existing 

traveled portion of the road or deny access to the road by adjoining landowners, a hearing is not 

required. 

Iowa Code Ann. § 306.11 (West 2021) 

§ 310.4. Use of fund 

Said farm-to-market road fund is hereby appropriated for and shall be used in the establishment, 

construction, reconstruction or improvement of the farm-to-market road system, including the 

drainage, grading, surfacing, resurfacing, construction of bridges and culverts, the elimination, 

protection, or improvement of railroad crossings, the acquiring of additional right-of-way and all 

other expenses incurred in the construction, reconstruction or improvement of said farm-tomarket road system under this chapter. 

Iowa Code Ann. § 310.4 (West 2021) 

*§ 312.2. Allocations from fund 

1. The treasurer of state shall, on the first day of each month, credit all road use tax funds which 

have been received by the treasurer, to the primary road fund, the secondary road fund of the 

counties, the farm-to-market road fund, and the street construction fund of cities in the following 

manner and amounts: 

a. To the primary road fund, forty-seven and one-half percent. 

b. To the secondary road fund of the counties, twenty-four and one-half percent. 

c. To the farm-to-market road fund, eight percent. 

d. To the street construction fund of the cities, twenty percent. 

2. The treasurer of state shall before making the allotments in subsection 1 credit annually to the 

highway grade crossing safety fund the sum of seven hundred thousand dollars, credit annually 

from the road use tax fund the sum of nine hundred thousand dollars to the highway railroad 

grade crossing surface repair fund, credit monthly to the primary road fund the dollars yielded 

from an allotment of sixty-five hundredths of one percent of all road use tax funds for the 

express purpose of carrying out section 307.24, subsection 5, section 313.4, subsection 2, and 

section 307.45, and credit annually to the primary road fund the sum of five hundred thousand 

dollars to be used for paying expenses incurred by the state department of transportation other 

than expenses incurred for extensions of primary roads in cities. All unobligated funds provided 

by this subsection, except those funds credited to the highway grade crossing safety fund, shall at 

the end of each year revert to the road use tax fund. Funds in the highway grade crossing safety 

fund shall not revert to the road use tax fund except to the extent they exceed five hundred 

thousand dollars at the end of any biennium. The cost of each highway railroad grade crossing 

repair project shall be allocated in the following manner: 

a. Twenty percent of the project cost shall be paid by the railroad company. 

b. Twenty percent of the project cost shall be paid by the highway authority having jurisdiction 

of the road crossing the railroad. 

c. Sixty percent of the project cost shall be paid from the highway railroad grade crossing surface 

repair fund. 

Iowa Code Ann. § 312.2 (West 2021) Excerpt from applicable statute published. 
136 

§ 327G.15. Railway and highway crossing at grade 

1. Wherever a railway track crosses or shall hereafter cross a highway, street or alley, the railway 

corporation owning such track and the department, in the case of primary highways, the board of 

supervisors of the county in which such crossing is located, in the case of secondary roads, or the 

council of the city, in the case of streets and alleys located within a city, may agree upon the 

location, manner, vacation, physical structure, characteristics and maintenance of the crossing 

and flasher lights or gate arm signals at the crossing and allocation of costs thereof. The 

department shall become a party to the agreement if grade crossing safety funds are to be used. 

Up to seventy-five percent of the maintenance cost of flasher lights or gate arm signals at the 

crossing and an unlimited portion of the cost of installing flasher lights or gate arm signals at the 

crossing may be paid from the grade crossing safety fund. 

2. Notwithstanding other provisions of this section, maintenance of flasher lights or gate signals 

installed or ordered to be installed before July 1, 1973, shall be assumed wholly by the railroad 

corporation. 

3. a. Payments from the grade crossing safety fund shall be made by the treasurer of state upon 

certification by the department that the terms of the agreement have been followed. 

b. The department shall promulgate rules according to chapter 17A for processing claims to the 

grade crossing safety funds. 

4. The provisions of this section shall not apply to the repair of the grade crossing surface. 

Iowa Code Ann. § 327G.15 (West 2021) 

§ 327G.16. Disagreement--application--notice 

If the persons specified in section 327G.15 cannot reach an agreement, either party may make 

written application to the department requesting resolution of the disagreement. The department 

shall request the department of inspections and appeals to set a date for hearing. The department 

of inspections and appeals shall give ten days' written notice of the hearing date. 

Iowa Code Ann. § 327G.16 (West 2021) 

*§ 327G.17. Hearing--order 

1. The department of inspections and appeals shall hear the evidence of each party to the 

controversy and shall make an order, which may include, pursuant to chapters 6A and 6B, 

authority to condemn, resolving the controversy. The order shall include the portion of the 

expense to be paid by each party to the controversy. In determining what portion of the expense 

shall be paid by each party, the department of inspections and appeals may consider the ratio of 

the benefits accruing to the railroad or the governmental unit or both, to the general public use 

and benefit. 

2. The order of the department of inspections and appeals is subject to review by the state 

department of transportation. The decision of the state department of transportation is the final 

agency action. 

Iowa Code Ann. § 327G.17 (West 2021) 

§ 327G.18. Railway company to hold in trust 

Any portion of the expense of making such crossing changes and alterations borne by any 

municipal corporation or township, the state or any person, shall forever be held in trust by such 
137 

railroad corporation or its successors, and no part of such funds shall constitute any part of the 

value of its property on which it is entitled to receive a return. 

Iowa Code Ann. § 327G.18 (West 2021) 

§ 327G.19. Grade crossing fund 

There is hereby created a fund which shall be known as the highway grade crossing safety fund 

and shall be made up of the amount allocated by the state treasurer from the road use tax fund. 

Iowa Code Ann. § 327G.19 (West 2021) 

§ 327G.21. Condition after change--temporary ways 

When a railroad company changes, alters, or repairs a highway crossing, it shall upon completion 

of the work leave it free from obstructions to travel and in good condition. If travel will be 

obstructed while any alterations or repairs are being made, the railroad company shall provide 

safe and convenient temporary ways for the public to avoid or pass such obstructions. 

Iowa Code Ann. § 327G.21 (West 2021) 

*§ 327G.25. Closing of crossing for repair or upgrade 

A railway corporation shall not close a railway crossing to the traveling public for more than 

thirty days for the purpose of repairing or upgrading the crossing. A railway corporation 

violating this section shall, upon conviction, be subject to a schedule “one” penalty. 

Iowa Code Ann. § 327G-25 (West 2021) 

§ 327G.29. Grade crossing surface repair fund 

1. There is established a highway railroad grade crossing surface repair fund in the office of the 

treasurer of state. The department may credit to this fund: 

a. Moneys appropriated to the department from the general fund of the state. 

b. Moneys appropriated to the department from the road use tax fund or the primary road fund. 

c. Available federal funds. 

d. Moneys acquired by the department from any gift, grant, or contributions from any source. 

2. Notwithstanding the provisions of section 8.33, unencumbered funds remaining in the 

highway railroad grade crossing surface repair fund at the close of each fiscal year ending on 

June 30 shall revert to the road use tax fund. 

Iowa Code Ann. § 327G.29 (West 2021) 

§ 327G.30. Adjustment of expense 

1. If a grade crossing surface of a railroad track and a highway, street, or alley shall require 

repairs or maintenance, the costs for the maintenance may be paid as provided in section 312.2, 

subsection 2. 

2. If the railroad corporation and the jurisdiction having authority agree on the method of 

crossing maintenance and establish an agreement to each contribute costs as provided in section 

312.2, subsection 2, a copy of the agreement shall be filed with the department which shall 

allocate an amount of the cost for the work if funds are available in the highway railroad grade 

crossing surface repair fund. The department shall make appropriate notification if the fund is 

exhausted in which case agreements shall not be made under this section until additional funds 

are available. The fund shall be administered by the department. 
138 

3. Upon completion of the agreed repair work, a statement of costs shall be filed with the 

department by the railroad corporation in a form and manner prescribed by the department. The 

department, upon approval of the statement, shall pay to the railroad corporation an amount of 

the cost of the work from the highway railroad grade crossing surface repair fund as provided in 

section 312.2, subsection 2. The owner of the track and the jurisdiction entering into the 

agreement shall each pay the cost as provided in section 312.2, subsection 2. 

Iowa Code Ann. § 327G.30 (West 2021) 

§ 327G.31. Disagreement resolved 

If a railroad corporation and the jurisdiction having authority cannot reach agreement on grade 

crossing surface repair and maintenance, either party may appeal to the department of 

inspections and appeals if prior to disagreement both parties have filed a statement with the state 

department of transportation to the effect that they have entered into negotiations on grade 

crossing surface repair and maintenance of a particular crossing. The department of inspections 

and appeals shall resolve the dispute in the manner provided in sections 327G.16 and 327G.17, 

except for the allocation of costs. 

Iowa Code Ann. § 327G.31 (West 2021) 

§ 434.13. Operating expenses 

There shall not be included in said operating expenses any payments for interest or discount, or 

construction of new tracks, except needed sidings, for raising or lowering tracks above or below 

crossings at grade in cities, for new equipment except replacements, for reducing any bonded or 

permanent debt, nor for any other item of operating expenses not fairly and reasonably 

chargeable as such in railway accounts. 

Iowa Code Ann. § 434.13 (West 2021) 

Kansas (6) 

§ 12-1633. Railways and street railways; crossings; construction of viaducts or tunnels; 

regulation of speed; appraisement and payment of damages; liens; actions; penalties 

The governing body of cities of the first and second class shall have the power to regulate the 

crossings of railway and street-railway tracks and provide precautions and adopt ordinances 

regulating the same; to regulate the running of street railways or cars and to adopt ordinances 

relating thereto and to govern the speed thereof; to regulate the running of railway engines and 

cars, except speed, and to adopt ordinances relating thereto; and to make other and further 

provisions, rules and regulations to prevent accidents at crossings and on tracks of railways, and 

to prevent fires from engines, and to require all railway companies to erect viaducts over or 

tunnels under their tracks at the crossings of streets. 

Kan. Stat. Ann. § 12-1633 (West 2021) Excerpt from applicable statute published. 

§ 14-434. Levees; depot grounds; railway crossings; running of trains; regulation of speed 

The council shall have power to regulate levees, depots, depot grounds, and places of storing 

freight and goods, and to provide for the passage of railways through the streets and public 

grounds of the city; also to regulate the crossings of railway tracks and to provide precautions 

and adopt ordinances regulating the same; to regulate the running of railway engines and cars, 

except speed, and to adopt ordinances relating thereto; and to make any other and further 
139 

provisions, rules and restrictions to prevent accidents at crossings, and on the tracks of railways, 

and to prevent fires from engines. 

On and after the effective date of this act, that part or parts of any rule, regulation or ordinance 

adopted pursuant to this section regulating the speed of railway engines and cars shall not be of 

any force or effect, and that part or parts shall be null and void. 

Kan. Stat. Ann. § 14-434 (West 2021) 

§ 66-227. Crossings 

It is hereby made the duty of every person or corporation owning or operating any railroad 

crossed by a public highway, county highway or township road to make, and keep in good repair, 

good and sufficient crossings for such highway, road or street over their tracks, including all the 

grading, bridges, ditches and culverts within their right-of-way that may be necessary to make a 

safe crossing. The vertical profile or alignment of the centerline of the highway, road or street 

through the crossing shall comply with the American association of state highway and 

transportation officials (AASHTO) design manual titled, “a policy on geometric design of 

highways and streets” as published and in effect on January 1, 2001.

When the highway crossing the track is improved by the construction of a hard-surfaced road, 

the railroad company shall pave the space between the rails and for a distance of two feet on each 

side thereof with a pavement of the same or a better type for the full width of the pavement on 

the highway. On other crossings where the highway has not been improved, the planking or other 

material used between and for a distance of one foot outside of the rails shall be of a length to 

equal the roadway width measured perpendicular to the axis of the highway. Nothing in this act 

shall be construed to repeal any provision of law relating to railroad crossings on streets in cities 

of the first and second class. 

Kan. Stat. Ann. § 66-227 (West 2021) 

§ 66-228. Same; penalty; time within which to restore crossing 

Every person or corporation failing to comply with the provisions of this act shall be deemed 

guilty of a misdemeanor and shall be fined not less than five dollars, nor more than fifty dollars, 

for each and every violation hereof and each day same shall be allowed to remain out of repair 

shall be a separate offense: Provided, however, When any such crossings have been properly 

constructed as provided in this act, and shall become defective because of accident or unusual 

severe or stormy weather, the person or corporation whose duty it is to maintain the same, shall 

have ten days in which to restore said crossing to its proper condition before the penalty herein 

provided for shall attach. 

Kan. Stat. Ann. § 66-228 (West 2021) 

§ 68-414. Improvement of railroad crossings on state highway system; division of cost; 

safety devices or signals 

The secretary of transportation, in the construction, improvement, reconstruction or maintenance 

of the state highway system, shall have the power and authority to compel all railroad companies 

operating steam or electric railroads in this state to construct, improve, reconstruct or maintain in 

a manner to be approved by the secretary of transportation, viaducts, tunnels, underpasses, 

bridges or grade crossings where the lines of said railroad companies intersect state highways, 

when in the judgment of the secretary such viaducts, tunnels, underpasses, bridges or grade 
140 

crossings are necessary for the proper construction of the state highway system, for the safety of 

the general public, or for the elimination of a dangerous grade crossing. The expense of such 

construction, improvement, reconstruction or maintenance may be divided between the railroad 

company and the secretary of transportation in a fair and equitable proportion to be determined 

by the secretary of transportation, said secretary, however, to pay not to exceed fifty percent 

(50%) of the cost of any construction, improvement, reconstruction or maintenance of viaducts, 

tunnels, underpasses or bridges, but such fifty percent (50%) limitation shall not apply to express 

highways or freeways established pursuant to K.S.A. 68-2301. Otherwise, grade crossings shall 

be constructed and maintained at the expense of the railroad company. 

If after due notice to said railroad company that in the judgment of the secretary of transportation 

the construction, improvement, reconstruction or maintenance of such viaduct, tunnel, underpass, 

bridge or grade crossing is necessary, said railroad company fails to comply with the secretary's 

order as provided by this section, said secretary is empowered and authorized to forthwith 

construct, improve, reconstruct or maintain such viaduct, tunnel, underpass, bridge or grade 

crossing and the amount so expended for such construction, improvement, reconstruction or 

maintenance shall comprise a charge against such railroad company and the secretary shall 

render a bill to such railroad company stating the amount expended and for what purpose, and 

upon the failure or refusal of such railroad company to make payment of the amount due the 

state the secretary shall forward all data and information to the attorney general of this state, who 

shall immediately institute a suit in the name of the secretary of transportation for the recovery of 

the amount reported by the secretary of transportation as due from the railroad company for its 

proportion of the cost of the construction, improvement, reconstruction or maintenance of such 

viaduct, tunnel, underpass, bridge or grade crossing. Upon the recovery of such fund said 

secretary shall deposit same with the state treasurer and said sum shall be apportioned to the 

different funds in the amounts expenditures from such funds were made. 

Kan. Stat. Ann. § 68-414 (West 2021) Excerpt from applicable statute published. 

§ 68-509. Elimination of grade crossings; division of costs between railroad and county; 

eminent domain; publication notice; appeal from award; warning signals 

The county engineer and board of county commissioners, in designating the county road system, 

shall eliminate all steam or electric road grade crossings and all other dangerous places on the 

highways so far as practicable, by paralleling such steam or electric roads, constructing 

undergrade or overhead crossings, relocating the highways or using such other means as may be 

necessary to properly safeguard the traveling public. The expense of eliminating railroad 

crossings shall be divided between the railroad company and the county, in a fair and equitable 

proportion determined by the secretary of transportation, who shall determine the necessity for 

eliminating such crossing. 

When the elimination, protection or improvement of a railroad grade crossing, as finally 

determined to be necessary by the secretary, requires the relocation, laying out, altering, 

widening or vacating of a highway, the board of county commissioners may purchase or acquire 

by donation any land required and, by order of the board, cause the highway to be relocated, laid 

out, altered, widened or vacated. Such order of the board of county commissioners shall cause 

any land so procured to become a public highway without further action. If the owner of any land 

required for the relocation, laying out, altering or widening of a highway for the purposes 

mentioned in this section refuses to sell or donate such land, the board of county commissioners 

shall exercise the right of eminent domain in the following manner: 
141 

The board of county commissioners by order shall determine the nature of the changes required 

in such road, the approximate amount and location of land required to be taken therefor and the 

time and place at which the road will be viewed. The board shall publish a notice once in the 

official county paper, not less than 15 days and not more than 25 days before the viewing of the 

road. A similar notice shall be sent by certified mail to the owners of lands affected by such 

change, at the address where the owner's tax statement is sent. Such notice shall set out the 

substance of the order and its date, the time and place the commissioners will begin to view the 

road and give all parties a hearing. 

The board shall direct the county engineer to meet with it at such time and place, unless the new 

locations of roads made necessary by the changes have already been definitely surveyed and 

located. Upon the day stated in the notice, or on the following day, the county commissioners 

shall meet at the place stated in the notice and proceed to view the road and changes required; 

shall view all lands required to be taken for the relocation, laying out, altering or widening of the 

highway for the purposes described in this section; and shall appraise the value thereof and 

assess the damages thereto. The county commissioners shall forthwith file in the office of the 

county clerk of the county a written report of their findings, along with the plat of the road as 

changed. All applications for damages must be filed in writing with the county clerk on or before 

the first day of the next regular session of the board following the filing of the report. The board 

at such session shall finally determine the amount to be paid as damages to any owner of the 

land. The amounts so allowed shall be paid from the general fund or the road fund of the county. 

The right of appeal from the award of damages made by the board of county commissioners shall 

be the same as is now provided by law in other road cases, but such appeal shall not delay any 

work upon or in relation to the road. If lands are appropriated for the relocation of any county or 

township road, which relocation is deemed necessary to avoid one or more railroad crossings or 

other dangerous places, the railroad company shall pay such part of the cost, not less than 1⁄2 or 

more than 3⁄4, as determined by the secretary of transportation. Such part of the cost shall be paid 

by the railroad company to the county and shall be used to reimburse the funds from which the 

cost of land and damages were paid. The secretary of transportation, upon the request of any 

county or township board, may require suitable safety devices or warning signals at dangerous or 

obscure railroad crossings to indicate the approach of trains, which shall be installed and 

maintained by the railroad company. The secretary may require the removal of spoil banks and 

other obstructions to view and the grading of approaches to the tracks, the cost of which shall be 

borne by the railroad company and county or township jointly or severally in the proportions 

determined by the secretary. The secretary may require the construction of suitable warning signs 

at a distance of 200 to 300 feet on both sides of all railroad grade crossings if, in the judgment of 

the secretary, signs are necessary for the safety of travel. All such warning signs on township 

roads shall be erected by the townships and those on the county roads by the county. 

Kan. Stat. Ann. § 68-509 (West 2021) 

Kentucky (7) 

§ 177.110 Railroad crossings; construction of KRS 177.120 to 177.210 

(1) The provisions of KRS 177.120 to 177.210 shall not apply to any railroad lines or tracks 

constructed across primary roads after March 23, 1926. 

(2) Where railroad lines or tracks constructed after March 23, 1926 cross any primary road, the 

department shall determine the character of the crossing to be constructed by the railroad 

company, and the cost of such crossings shall be paid for by the railroad company. 
142 

Ky. Rev. Stat. Ann. § 177.110 (West 2021) 

§ 177.120 Department may order elimination of grade crossings or substitution; standards 

to be set by administrative regulations; closure of grade crossings 

(1) Whenever the department considers it necessary for the public safety, it may order any 

railroad company owning or operating a railroad in this state, to eliminate any grade crossing or 

change any existing overhead or underpass structure where any public road crosses the railroad 

tracks of the company. The department may determine whether a substitute crossing should be 

established and if so, the location of the crossing to be substituted, and whether it shall pass over 

or under the railroad tracks or intersect them at grade. 

(2) In accordance with this section, the department shall promulgate administrative regulations 

by December 1, 1992, that contain standards governing the closure of public grade crossings. In 

adopting standards, the department shall request and consider written comments from affected 

local governments and shall consider that the number of redundant and inherently dangerous 

grade crossings in this state should be reduced and that public safety will be enhanced by 

reducing the number of redundant and inherently dangerous grade crossings. 

(3) On or before July 1, 1993, and on or before July 1 of each of the next four (4) years, and as 

necessary thereafter, the department shall compose a list of grade crossings proposed to be 

closed. The list shall be developed by applying the standards set forth in the administrative 

regulations adopted under subsection (2) of this section. Grade crossings that are part of an 

abandonment, closing, or removal shall not be included in the list. The department shall notify 

the public officials having the necessary authority and the railway companies operating the 

railroads of the proposed closures. Either affected party may request a public hearing, and if 

requested, the department shall hold a public hearing and apply in its determination the 

information gained at the public hearing and administrative regulations developed under 

subsection (2) of this section. If after the hearing the department determines that closure is 

warranted, it may order the crossing closed. 

(4) If a request for a hearing on a particular crossing is not received within thirty (30) days of 

notice of the opportunity for a public hearing advertised pursuant to the requirements of KRS 

Chapter 424, the department shall order the crossing closed. 

Ky. Rev. Stat. Ann. § 177.120 (West 2021) 

§ 177.130 Hearing; order; plans, specifications, and estimates of cost 

If the department finds that a crossing proposed for vacation should be replaced with another 

grade crossing or a grade separation, it shall give at least ten (10) days' notice by certified mail, 

return receipt requested, to the railroad company and to the chief executive officer of the affected 

unit of local government of a public hearing to be held at a time and place stated in the notice. At 

the public hearing, the department shall consider whether or not the proposed grade separation or 

substitute crossing is reasonably necessary and the most advantageous method of enhancing the 

public convenience and necessity. If the department finds that the grade separation or substitute 

crossing is reasonably necessary, it shall make an order to that effect and furnish a copy thereof 

by certified mail, return receipt requested, to the railroad company and to the chief executive 

officer of the affected unit of local government. The order shall specify the location of the 

crossing to be substituted and whether it shall pass over or under the railroad tracks or intersect 

them at grade, the width of the crossing, and the angle at which the crossing shall meet and 

converge into the roadbed on either side of the railroad tracks. The order may direct the railroad 
143 

company to prepare plans, specifications, and estimates of cost for the grade separation or 

substitute crossing in accordance with the general plan prescribed by the order. The order may 

provide that the plans, specifications, and estimates of cost shall be prepared by the department. 

Ky. Rev. Stat. Ann. § 177.130 (West 2021) 

§ 177.140 Railroad company to present plans and estimates of cost 

Within ninety (90) days after the entry of an order directing a grade separation or change, and the 

preparation of plans, specifications, and estimates of cost by the railroad company, the railroad 

company shall present to the department plans, specifications, and estimates of cost for the grade 

separation or change, including the necessary approaches thereto. 

Ky. Rev. Stat. Ann. § 177.140 (West 2021) 

§ 177.190 Appeal by railroad company to Circuit Court 

(1) Any railroad company dissatisfied with a final order of the department directing the 

elimination of any grade crossing or change of existing overhead or underpass structure, or any 

order modifying or amending the final order may appeal by filing a petition in the clerk's office 

of the Franklin Circuit Court in accordance with KRS Chapter 13B. 

(2) On the hearing of the appeal, the Circuit Court shall determine whether the elimination of the 

grade crossing, or the change in existing overhead or underpass structure, is reasonably 

necessary for the safety of the traveling public, and whether the plans and specifications 

prescribed by the order of the department are reasonably adequate to provide safety of operation 

for the trains of the railroad company, its employees and the public, and make reasonably 

adequate provisions for the future development of the railroad company's facilities. 

(3) If the court finds from the evidence that the elimination of the grade crossing or change in 

existing overhead or underpass structure is not reasonably necessary for the safety of the 

traveling public, it shall, by final judgment, enjoin the department from enforcing its final order. 

(4) If the court finds from the evidence that the elimination of the grade crossing or change in 

existing overhead or underpass structure is reasonably necessary for the safety of the traveling 

public, it shall, by final judgment, either order the railroad company to proceed with the work in 

accordance with the final order of the department, or in accordance with other plans and 

specifications prescribed by the court. 

Ky. Rev. Stat. Ann. § 177.190 (West 2021) 

§ 189.561 Investigation of certain public grade crossings not equipped with gates; results; 

costs 

(1) The cabinet shall investigate any public grade crossing not equipped with gates, with an 

average daily traffic of four thousand (4,000) or more, at which two (2) or more accidents 

involving a train and a vehicle traversing the crossing of a railroad and a highway have occurred 

in a consecutive five (5) year period, beginning January 1, 1986. The cabinet shall not consider 

nonfatal accidents caused by mechanical failure of the motor vehicle; accidents in which the 

operator of the highway motor vehicle was in violation of the provisions of KRS Chapter 189A; 

or other nonwarning signal related cause as set forth by the cabinet in an administrative 

regulation. If the cabinet installed active warning devices under its normal crossing safety 

improvement program since January 1, 1986, the five (5) year period for the determination of 

accidents shall begin at the time of this installation. The cabinet shall request written comments 
144 

from the affected local government prior to reaching a decision on a particular crossing. After 

receiving a report from the affected local government supporting the installation of gates, the 

cabinet, utilizing matching funds available from the Federal Highway Administration's 

rail/highway grade crossing safety program, shall program the installation of gates at the 

crossing. Locations which do not receive a favorable report from the affected local government 

shall be reconsidered at the time of the next update of the five (5) year accident period. 

(2) The cost of installing gates shall be the responsibility of the cabinet and railroad in 

accordance with KRS 277.065 and shall not be charged to any unit of local government. 

Ky. Rev. Stat. Ann. § 189.561 (West 2021) 

§ 277.065 Allocation of costs of eliminating grade crossings between railroad and 

governmental unit 

The entire construction costs of projects for the elimination of hazards of railroad-highway 

crossings, including the separation or protection of grades at crossings, the reconstruction of 

existing railroad grade crossing structures, and the relocation of highways to eliminate railroad 

grade crossings which may be paid for in whole or part from state funds, including, but not 

limited to, the cost of preparing the plans and specifications and supervising the improvement, 

the acquisition of necessary property, the construction of approaches, drainage structures, 

roadways and pavements, accommodations for public utilities, and damages paid to abutting 

property owners, shall be allocated between the railroad involved, and the governmental unit or 

units involved in the same ratio as the net benefit received by such railroad from the project 

bears to the net benefit accruing to the public using the highway, and in no case shall the net 

benefit to any railroad or railroads be deemed to be more than ten percent (10%) of the total 

benefit resulting from the project. The Department of Highways shall be responsible for 

determining the proportion of the benefits derived by the railroad from the project, and shall fix 

standards for the determining of said benefits which shall be consistent with the standards 

adopted for similar purposes by the United States Bureau of Public Roads under the Federal-AidHighway Act of 19441. The cost of maintenance of all structures for the elimination of railroad 

grade crossings, and of installations for the protection of existing grade crossings, constructed or 

installed under this section, shall be borne by the governmental unit or units constructing them. 

Before any state funds shall be expended for any project constructed under this section, a 

contract shall be entered into between the railroad and the governmental unit or units involved 

setting forth the duties of each as to construction and maintenance of the project. 

Ky. Rev. Stat. Ann. § 277.065 (West 2021) 

Louisiana (5) 

§ 3701. Railroad crossings; permits; sharing cost 

A. Where the tracks of a railroad cross or limit access to a state highway or a street or alley of a 

municipality or parish, the governing authority may require that a railroad company notify the 

governing authority in writing prior to any work being done on the railroad crossing. 

B. The governing authority shall have the authority to acquire and construct such public 

crossings as it deems necessary under its general expropriation authority and may require the 

railroad to pay one-half of the cost of constructing and maintaining a public crossing or viaduct 

over their tracks, or of constructing and maintaining a subway under their tracks, the other onehalf of the cost of the construction and maintenance to be borne by the municipality or parish. 

The cost of the construction shall include all expenses incident thereto. 
145 

La. Stat. Ann. § 33:3701 (2021) 

§ 3703. Apportionment between railroads crossing street 

If there are more than one railroad crossing the street or alley or limiting access to a state 

highway, the one-half of the cost not paid by the municipality or parish shall be apportioned 

between or among the railroads according to the number of tracks of each railroad crossing the 

street or alley. 

La. Stat. Ann. § 33:3703 (2021) 

§ 3705. Railroads required to maintain lights at crossings 

A. Municipalities or parishes which have their streets lighted may require railroad companies to 

maintain lights at the intersections of their tracks within the limits of the municipality or parish, 

similar to and of equal power as those in use for the lighting of the streets. 

B. Any railroad company affected by the exercise of the power conferred by this Section may 

appeal to the courts to test the necessity for and the reasonableness of any ordinance passed 

under the authority of this Section. 

La. Stat. Ann. § 33:3705 (2021) 

§ 386. Repairs to railway grade crossings and crossing warning devices; responsibility on 

railroads 

A. Whenever a highway crosses a railroad track at grade, and the grade crossing needs repair and 

should, in the judgment of the chief engineer or his duly authorized representative, be repaired, 

and if, after fifteen days' notice in writing, the railroad company whose tracks are crossed 

thereby fails to repair it, the department may make the repairs and maintain the crossing and 

charge the expenses thereof to the railroad company. 

B. Whenever a warning device located at a railroad crossing needs repair or is not being 

maintained in compliance with federal guidelines and should, in the judgment of the chief 

engineer or his duly authorized representative, be repaired or receive maintenance, written notice 

of the necessity of such repair or maintenance shall be given to the railroad company owning the 

track at which the device is located. If the railroad does not proceed with the repair or 

maintenance within thirty days after receipt of the notice, the department may initiate the 

performance of the repair or maintenance of the warning device and charge the expenses thereof 

to the railroad company. 

La. Stat. Ann. § 48:386 (2021) 

§ 390. Railroad grade crossing improvement and elimination; notification 

A. The secretary shall complete a study of all public railroad grade crossings to establish 

priorities for improvement, relocation, or closure in compliance with federal guidelines and shall 

develop a prioritized plan for implementing railroad grade crossing improvements, relocations or 

closures pursuant to 23 U.S.C. § 130, known as the Federal Railroad Crossing Safety Program. 

The priority list shall be annually revised to reflect any changes made under the provisions of 

this Section. The department's plan shall be conducted in accordance with federal guidelines and 

Title 23 of the Code of Federal Regulations Part 646 relative to railroad-highway projects. 

B. (1) The department, when it determines that it is necessary for the safety of the public, may 

improve, change the location of or abolish any existing public grade crossing on any state-
146 

maintained highway; however, prior to taking such action, the department shall take the 

following actions: 

(a) Notify any and all affected persons owning land that is within a two- mile radius of the public 

grade crossing proposed to be improved, changed, or closed. 

(b) Post a notice at the grade crossing proposed to be improved, changed, or closed. 

(2) No provisions of this Section shall impose any liabilities of any nature upon the state of 

Louisiana or any agency thereof, nor shall any action or omission of the department be 

discoverable or admissible in any state court in Louisiana, and no record or document of the 

department compiled or prepared in connection with actions taken by the department pursuant to 

this Section, R.S. 48:390.1 or 23 U.S.C. 130 shall be discoverable or admissible in any state 

court in Louisiana. 

C. Repealed by Acts 2005, No. 347, § 3. 

D. Repealed by Acts 2005, No. 347, § 3. 

E. Repealed by Acts 2005, No. 347, § 3. 

F. No railroad company operating in this state shall be authorized to close any public railroad 

grade crossing along Louisiana Highway 23 in Jefferson and Plaquemines parishes before 

December 31, 2006, and no such closure of a public railroad grade crossing along this route shall 

be closed unless the closure of such crossing has been deemed necessary by the Department of 

Transportation and Development pursuant to an evaluation conducted in accordance with the 

provisions of this Section or R.S. 48:390.1. 

G. (1) Notwithstanding the provisions of this Section, R.S. 48:390.1, or any other provision of 

law or rule to the contrary, the closing of a railroad grade crossing by a railroad company shall 

not be considered interruption for purposes of acquisitive prescription, and any crossing closed 

by a railroad since January 1, 2006, shall be re-opened upon the attainment of thirty years 

peaceful and otherwise uninterrupted use or possession of servitude of use or passage across the 

railroad grade crossing with or without just title. 

(2) For the purposes of this Subsection, a crossing shall include a private rural residence or 

agricultural crossing or other means of access over the railroad right-of-way. 

H. (1) A railroad corporation owning or operating a railway in this state, which is constructed 

across the land of any person leaving a portion of the land of such person on either side of its 

right-of-way, shall, when ordered to by the commissioner of the Department of Agriculture and 

Forestry, allow said crossing to remain open at a private rural residence or agricultural crossing 

or other means of access over its right-of-way. 

(2) The Department of Agriculture and Forestry shall promulgate rules and regulations for the 

implementation of this Subsection no later than January 1, 2009. 

I. The department shall, no later than December 31, 2012, promulgate rules and regulations 

pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate 

committees on transportation, highways, and public works, to implement the provisions of 

Subsections A, B, F, and G of this Section, including but not limited to notice, whom to notify, 

methods of notice, and posting requirements. 

La. Stat. Ann. § 48:390 (West 2021)

Maine (6) 

§ 7202. Location of railroad crossings; expense; appeals 

Town ways and highways may be laid out across, over or under any railroad track or through or 

across any land or right-of-way of any railroad corporation, if the Department of Transportation, 
147 

after notice and hearing, so determines. The Department of Transportation may refuse its 

permission or grant permission on terms and conditions as it may prescribe, and the need, if any, 

for installation, maintenance and operation of signals, gates or other protective measures and 

may determine whether the expense of building and maintaining so much of the way as is within 

the limits of the railroad corporation shall be borne by the corporation or by the municipality in 

which the way is located or by the State, or the Department of Transportation may apportion the 

expense between the railroad corporation and the municipality or State. The expense of operating 

and maintaining any protective device shall be borne by the corporation operating the railroad. 

The expense of installing protective devices at crossings on state and state aid highways shall be 

apportioned between the railroad corporation and the State as the Department of Transportation 

shall determine. The expense of installing protective devices at crossings on town ways shall be 

apportioned between the railroad corporation and the municipality as the department shall 

determine. The Department of Transportation shall report its determinations and decisions, file 

the same in its principal office at Augusta and send copies by mail or otherwise to each of the 

parties subject to the determination, order or decision. Determinations, orders or decisions shall 

be final and binding on all parties unless an appeal from any determination, order or decision 

shall be taken to the Superior Court in the county where the crossing is located. The Department 

of Transportation shall be made a party in the appeal. The appellant shall, within 14 days from 

the date of the filing of the determination, order or decision, file in the office of the department 

its reasons for appeal and shall cause to be served on any other interested parties a copy of the 

reasons for appeal certified by the department. The presiding Justice shall make an order or 

decree on the appeal as law and justice may require. An appeal may be taken to the law court as 

in other actions. The final adjudication shall be recorded as provided in section 7204 and a copy 

of the final decision sent to the Department of Transportation. Costs may be taxed and allowed to 

either party at the discretion of the court. 

Me. Rev. Stat. Ann. tit. 23, § 7202 (2021) 

§ 7203. Maintenance of railroad crossings already laid out 

Notwithstanding any section of Part 7,1 in case of ways already laid out which cross over or 

under any railroad track or tracks and not at grade, the allocation of the expense of maintaining 

so much of the way as is within the limits of the railroad shall be determined, de novo, as 

provided by section 7202, by the Department of Transportation on application to it by any 

corporation whose track is or tracks are so crossed, or on application by the municipal officers of 

any town in which the crossing is located, or on application by the Department of Transportation. 

Me. Rev. Stat. Ann. tit. 23, § 7203 (2021) 

§ 7210. Temporary crossings 

A railroad company may, for the purpose of accommodating lumbering operations and for the 

transportation in ordinary vehicles of wood, coal, ice, hay or other commodities, establish and 

maintain temporary crossings of any railroad operated by it, by agreement with any person who 

may request the crossing for its purposes. On petition, the Department of Transportation, after 

notice and hearing, may direct any railroad company to establish and maintain the temporary 

crossings at places on its line of road as the department deems expedient, and after that the 

railroad company shall establish the crossings and maintain them in accordance with this section 

and sections 7211 to 7213. 
148 

Whenever, in the opinion of the department, any temporary railroad crossing established under 

this section is no longer necessary, the department may, on its own motion or on petition of any 

interested party, after notice and hearing, order the crossing discontinued. 

Me. Rev. Stat. Ann. tit. 23, § 7210 (2021) 

§ 7213. Crossings kept open part of year; expense apportioned 

Each temporary crossing shall be kept open only during the time each year as the parties 

interested in the crossing may agree on, or as the Department of Transportation may specify in 

cases where the department directs the crossings to be established. When the department directs 

any temporary crossing to be established, it shall determine who shall bear the expense of 

establishing and maintaining the crossing and it may, if it sees fit, apportion the expense between 

the railroad company and the person or persons who have petitioned for the crossing. The 

expense of the crossing signs and the planking between the rails shall in any event be borne by 

the railroad company. 

Me. Rev. Stat. Ann. tit. 23, § 7213 (2021) 

§ 7230. Partial reimbursement of cost 

The State, by or through the Department of Transportation, may reimburse railroad corporations 

for up to 50% of their annual cost of maintaining public at-grade railroad crossings and crossing 

protection devices. These crossing protection devices shall include signals, gates, crossbucks and 

grade separation bridges carrying highways over railroad lines. The actual reimbursement shall 

be calculated for each railroad based on the following formula. “Cost” shall include all 

reimbursable costs incurred by the railroad, as determined by the commissioner, less any 

payments made to the railroad by any other entities. 

For the purpose of this section, public at-grade crossings shall be those crossings determined by 

the Commissioner of Transportation to be public crossings. Public crossings shall not include 

crossings on rail lines abandoned, embargoed or listed by the railroad corporation in Category I, 

Category II or Category III, as defined by the United States Interstate Commerce Commission, 

on the railroad corporation's most recent system diagram map filed with the United States 

Interstate Commerce Commission. 

The State may provide annually each railroad corporation with a reimbursement payment. For atgrade crossings, the payment must be determined based on each railroad corporation's verified 

average cost for crossing maintenance multiplied by the number of eligible crossings, with a 

maximum payment of $2,500 per crossing. 

Payment to any railroad corporation may be made contingent on the railroad corporation 

performing specified maintenance on specific crossings or grade separation bridges when, in the 

judgment of the commissioner, the public welfare or safety requires that the maintenance be 

performed. If the railroad corporation fails to perform the required maintenance, the department 

may contract with others for the work or perform the work itself. In either case, reimbursement 

of the actual costs shall be made to the entity performing the maintenance or causing the 

maintenance to be performed. The reimbursement payment to each railroad corporation shall be 

adjusted to reflect the costs of any maintenance performed by others on lines for which the 

railroad corporation is responsible under this provision. The adjustment shall also reflect an 

amount to cover the department's administrative costs for arranging the maintenance to be 

performed. 
149 

Each railroad corporation which seeks reimbursement under this section must report annually its 

actual maintenance costs for the previous calendar year which shall be used to calculate the 

reimbursement. The department shall establish guidelines to determine allowable maintenance 

costs. 

This annual report shall describe its maintenance program for public grade crossings and 

highway over railroad grade separation bridges. The report shall include the total actual costs 

incurred, total quantities of materials used and work hours expended for the previous year. The 

department may audit records and supporting documentation relating to costs incurred by 

railroad corporations. 

The commissioner shall develop guidelines to require that any railroad corporation, prior to 

receiving a reimbursement for the maintenance of the line on which an eligible crossing is 

located shall file an annual plan by December 1st of each calendar year. The plan shall describe 

the condition of the line, the maintenance to be performed in the year for which reimbursement is 

sought, the speed at which trains will be allowed to operate over that line, the posted vehicle load 

limit on grade separation bridges and any other information required by the commissioner. The 

commissioner may also require as a condition of reimbursement that certain noncrossing 

maintenance or repairs be performed on the line or that the line be maintained to allow trains to 

operate at a certain speed, that vehicle load limits on grade separation bridges be maintained or 

that other measures affecting the safety and maintenance of the track be taken by the railroad 

corporation. 

Me. Rev. Stat. Ann. tit. 23, § 7230 (2021) 

§ 7231. Petition; damages; expenses; temporary ways 

The municipal officers in instances of town ways crossing or crossed by a railroad, whether the 

crossing be at grade or otherwise, or any railroad corporation may petition the Department of 

Transportation alleging that public safety or public convenience either to the traveling public or 

in the operation of the railroad services requires abolishment of or reconstruction of or alteration 

of crossings or its approaches; or change in the method of crossing a public way; or the closing 

of a crossing and the substitution of another; or the removal of obstructions to the sight at the 

crossing and requesting the situation be remedied. The Department of Transportation shall 

appoint a time and place for a hearing after notice of not less than 10 days to the petitioners, the 

railroad corporation, the municipality in which the crossing is situated, the owners or occupants 

of the land adjoining the crossing or adjoining that part of the way to be changed in grade. After 

notice and hearing, the Department of Transportation shall make its determination to insure 

safety or public convenience and by whom the abolishment, reconstruction, alteration, change or 

removal shall be made. The jurisdiction of the Department of Transportation shall exist whether 

the change or alterations in the crossing is within or without the limits of a public way. To 

facilitate the abolishment, reconstruction, alterations, changes or removals, highways and other 

ways may be raised or lowered or the courses of the same way may be altered to permit a 

railroad to pass at the side thereof. For the purposes aforesaid land may be taken and damages 

awarded as provided for laying out highways. The Department of Transportation shall determine 

how much land may be taken and shall fix the damages sustained by any person whose land is 

taken and the special damages which the owner of land adjoining the public way may sustain by 

reason of any change in the grade of the way. 

Appeal from any decision, order or award of the commission may be had as provided in section 

7233. The Department of Transportation shall apportion the expenses pertaining thereto and 
150 

damages as follows: If the way involved is a state highway, 50% to the department and 50% to 

the railroad corporation; if the way involved is a state aid highway, 50% to the department and 

the municipality or municipalities in which the way is located, the pro rata share being 

determined by the percentage of state aid granted on the way involved and 50% to the railroad 

corporation; if the way involved is a town way, 35% to the State, to be paid out of the General 

Fund, 15% to the town, or in cases under the last paragraph of this section 15% to the county 

commissioners of the county in which the way is located and over which the county 

commissioners have jurisdiction, and 50% to the railroad corporation, provided that the 

department may vary the aforesaid percentages of expense and damages as it may deem proper 

after due consideration of the relative benefits to be derived from the abolishment, alteration or 

reconstruction, and provided that the amount ordered to be paid by the railroad corporation shall 

not in any event exceed 50% of the expenses and damages. The Department of Transportation 

may approve agreements made by the railroad corporation and other parties in interest in respect 

to the work or varying the percentages, provided the amount to be paid by the town shall not 

exceed the 15% specified unless the town shall vote otherwise, as to any elimination or alteration 

made under this section, the department may determine what work fairly and properly should be 

regarded as highway construction. 

Notwithstanding the preceding paragraph, the cost of reconstruction of railroad grade separation 

structures carrying the highway over the railroad, including the alterations to the approaches to 

said structure, on nonfederal aid state aid highways shall be apportioned as follows: 70% to the 

Department of Transportation, 10% to the railroad corporation and 20% to the municipality or 

the county having jurisdiction of the roads in any unorganized township in which said structure 

is located, provided that the department may vary the aforesaid percentages of cost as it may 

deem proper after due consideration of the relative benefits to be derived from the 

reconstruction. 

The Department of Transportation may make an order relative to the maintenance of crossings at 

grade or otherwise as it may deem necessary, and may determine whether expense shall be borne 

by the railroad corporation, by the municipality in which any crossing is located or by the State 

by or through the department; or the department may apportion the expense equitably between 

the railroad corporation, the municipality and the State by or through the Department of 

Transportation. 

While the use of any way is obstructed in carrying out the foregoing provisions of this section, 

such temporary way shall be provided as the department may order. The Department of 

Transportation shall not make any order on any petition filed under this section until they are 

satisfied, by investigation or otherwise, that the financial condition of the corporation operating 

the railroad in question will enable the corporation to comply with the order, and that the 

probable benefit to the public will warrant the order and the probable expense resulting from the 

order, and that the order can be complied with without exceeding the state appropriation 

available. 

The county commissioners shall have the same right of petition under this section, with respect 

to roads in unorganized places laid out by them under section 4001, as have municipal officers of 

a municipality under the provisions of this section. In case a petition is filed by them, all parties 

interested in the subject matter of the petition shall be notified by the Department of 

Transportation of the filing of the petition and given opportunity to appear and be heard. 

Me. Rev. Stat. Ann. tit. 23, § 7231 (2021) 
151 

Maryland (5) 

§ 8-640. Maintenance and repair of railroad grade crossing or separation 

Duty of railroad to maintain grade crossings of highways 

(a) At each grade crossing of a highway and a railroad, the railroad shall: 

(1) Keep its roadbed and the highway in proper repair so as to provide absolutely safe and easy 

approach to and crossing of the tracks; or 

(2) Subject to approval by the Administration, construct a railroad grade separation. 

Abandonment, relocation, or construction of railroad grade crossing or separation 

(b)(1) The Administration may abandon, relocate, construct, or reconstruct any railroad grade 

crossing or railroad grade separation that is dangerous or inconvenient for public travel. 

(2) If a railroad grade crossing is dangerous or inconvenient for public travel, the Administration 

may construct a railroad grade separation. 

Terms and conditions of work 

(c)(1) The Administration may require the railroad to do any of the work needed under this 

section, on the terms and conditions that the Administration specifies. 

(2) If the railroad fails to do any work required of it under this section, the Administration may 

perform the work itself and collect the railroad's share of the cost from the railroad. 

Md. Code Ann., Transp. § 8-640 (West 2021) 

§ 8-641. Payment of relocation expenses of public or private utility 

In general 

(a) The Administration shall pay the costs of relocation to any public or private utility whose 

facilities are altered or relocated because of a railroad grade crossing or railroad grade separation 

project. The plans for the alteration or relocation shall be approved by the utility. 

Damages resulting from elimination of railroad grade crossing or separation 

(b) If the owner of land adjacent to any State highway suffers damages as the result of the 

elimination of a railroad grade crossing or railroad grade separation from that highway, the 

owner may sue the Administration and the railroad for these damages. 

Md. Code Ann., Transp. § 8-641 (West 2021) 

§ 8-642. Costs of railroad grade crossing or railroad grade separation project or 

maintenance 

In general 

(a) As to the costs of any railroad grade crossing or railroad grade separation project or 

maintenance: 

(1) 25 percent of these costs shall be paid by the railroads that benefit from the crossing or 

separation; and 

(2) 75 percent of these costs shall be paid by the Administration. 

Apportionment of railroad costs 

(b) If two or more railroads benefit from the crossing or separation, the railroads' 25 percent 

share shall be apportioned among them as determined by the Administration. 

Md. Code Ann., Transp. § 8-642 (West 2021) 

§ 8-643. Fines and penalties 

Failure of railroad to comply with order of Administration 
152 

(a) If any railroad does not comply with an order of the Administration under this part to do work 

on a railroad grade crossing or railroad grade separation or to pay its share of the costs of any 

railroad grade crossing or railroad grade separation project or maintenance, the railroad is guilty 

of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each day that the 

order is not complied with. 

Construction with other penalties 

(b) The penalty provided for in this section is in addition to any other remedies available to the 

Administration. 

Md. Code Ann., Transp. § 8-643 (West 2021) 

§ 9-306. Crossing highways 

(c)(1) Except as provided in paragraph (2) of this subsection, whenever a Maryland railroad 

company constructs an overgrade or undergrade crossing, all grade crossings within 600 yards of 

the new crossing may be closed by the Maryland railroad company and another crossing may not 

be opened within 600 yards of the new crossing. (2) The prohibition against the maintenance and 

opening of a grade crossing within 600 yards of a newly constructed overgrade or undergrade 

crossing does not apply: (i) in a municipal corporation, without the consent of the mayor and 

council; and (ii) in an unincorporated area of a county with a population of 2,000 or more people, 

without the consent of the local governing body. 

Md. Code Ann., Pub. Util. § 9-306 (West 2021) Excerpt from applicable statute published. 

Massachusetts (17) 

§ 1. Repair of highways and town ways at expense of towns 

Highways and town ways, including railroad crossings at grade with such highways and town 

ways, shall be kept in repair at the expense of the town in which they are situated, so that they 

may be reasonably safe and convenient for travelers, with their horses, teams, vehicles and 

carriages at all seasons. A city or town shall submit a letter of request for such repair and for 

approval by the state department of highways. Upon receipt of such approval, the city or town 

shall be reimbursed by the commonwealth from monies which may be appropriated therefor by 

the commonwealth and the federal government to defray expenses of such repairs for safety 

programming. Such reimbursement will not create liability, of any kind, either civil or criminal 

on the part of the commonwealth or the federal government. 

Mass. Gen. Laws Ann. ch. 84, § 1 (West 2021) 

§ 52. Payment of cost of construction and maintenance of crossings 

All expenses of, and incident to, constructing and maintaining any roadway or parkway crossing 

a railroad, as provided in the three preceding sections, shall be borne by the commonwealth, and 

shall be paid out of the funds available for use by the commission for boulevard or reservation 

purposes, unless otherwise determined by an agreement between the commission and any such 

railroad corporation. 

Mass. Gen. Laws Ann. ch. 92, § 52 (West 2021) 

§ 57. Consent of department 
153 

A railway shall not be constructed across the tracks of a railroad nor shall a railroad be 

constructed across the tracks of a railway at the same level therewith without the consent of the 

department. 

Mass. Gen. Laws Ann. ch. 159, § 57 (West 2021) 

§ 58. Supervision of crossing following consent of department 

In any case in which the consent or approval of the department required by law for any crossing 

at grade is given, it may, after notice to the parties interested and a hearing, impose conditions, 

limitations, restrictions and regulations relative to such crossing, its construction and use, and 

may change and modify them. 

Mass. Gen. Laws Ann. ch. 159, § 58 (West 2021) 

§ 59. Proceedings to alter crossing 

If a public way and a railroad cross each other, and the board of aldermen of the city or the 

selectmen of the town where the crossing is situated, or the department of highways, if the 

crossing and its approaches are in direct continuation of a state highway, or the directors of the 

railroad corporation, or the directors of a railway company having tracks on said way, deem it 

necessary for the security or convenience of the public that an alteration not involving the 

abolition of a crossing at grade should be made in the crossing, the approaches thereto, the 

location of the railroad or way, or in a bridge at the crossing, they shall apply to the board of 

county commissioners, or, if the crossing is situated, in whole or in part, in Boston, to the 

department of telecommunications and energy, which shall, after public notice, hear all parties 

interested, and, if it decides that such alteration is necessary, shall prescribe the manner and 

limits within which it shall be made, and shall forthwith certify its decision to the parties and to 

said department of telecommunications and energy. If a state highway and a railroad cross each 

other and the department of highways, after public notice and a hearing of all parties interested, 

decides that it is necessary for the security or convenience of the public that an alteration as 

aforesaid should be made in the crossing, the approaches thereto, the location of the railroad or 

way, or in a bridge at the crossing, and if no application under the foregoing provisions of this 

section relative to said crossing is then pending, said department of highways may order such 

alteration, prescribing in such order the manner and limits within which such alteration shall be 

made, and shall forthwith certify its decision to the parties and to said department of 

telecommunications and energy; provided, that a party aggrieved by a decision or order of said 

department of highways hereunder may appeal to the department of telecommunications and 

energy in the same manner as in the case of an appeal under section one hundred and eleven of 

chapter one hundred and sixty by a person aggrieved by a decision or order of the county 

commissioners, and the provisions of sections one hundred and eleven to one hundred and 

thirteen, inclusive, of said chapter shall apply to appeals hereunder except that for the purposes 

of this section, reference in said sections one hundred and eleven to one hundred and thirteen, 

inclusive, to the county commissioners shall refer to the department of highways. 

Hearings by the department of highways shall be held in the county where such crossing is 

situated and a copy of its decision and of the plan of said alteration shall be filed by it in the 

office of the county commissioners of the said county. This proceeding may include any case 

where there is need of the rebuilding of a highway bridge or any structural change or renewal in 

order to strengthen or improve it. If any railway company is authorized to lay and use tracks 

upon the said way, the said company shall bear such part of the expense of building, rebuilding, 
154 

changing, renewing, repairing or improving a bridge forming a part of said way, or of altering or 

improving the approaches thereto, as the commission provided for in sections sixty-one and 

sixty-two deem just. 

Mass. Gen. Laws Ann. ch. 159, § 59 (West 2021) 

§ 75. Determination of method of crossing highways 

No railroad corporation shall purchase or take by eminent domain or enter upon or use, except 

for making surveys, any land or other property for the construction of its railroad or of any 

branch or extension thereof until the county commissioners of the county where such land or 

other property is situated, after hearing the parties, have determined the manner in which the 

railroad shall cross the highways and other ways within such county, nor until it has obtained 

from the department the consent required by sections ninety-seven and one hundred and two in 

all cases in which the county commissioners adjudge that public necessity requires the crossing 

at the same level; and notice of such hearing shall be given by publication for three successive 

weeks in one or more newspapers published in such county, the last publication to be at least 

seven days before the hearing. 

Mass. Gen. Laws Ann. ch. 160, § 75 (West 2021) 

§ 75. Damages 

All damages sustained by any person in his property by the taking of land for or by the 

alterations of the grade of a public way, or by an abutter thereon by the discontinuance of such 

public way, to the same extent as damages are recoverable by abutters on ways discontinued by 

towns, or by the taking of an easement in land adjoining a public way, shall primarily be paid by 

the city or town, or, in case such public way is a state highway, by the commonwealth; and all 

damages caused by the taking of land for the railroad or by the change or discontinuance of a 

private way, or by the taking of an easement in land adjoining a private way or a railroad 

location shall primarily be paid by the railroad corporation. Any amount paid by way of damages 

by the commonwealth or the city or town or the railroad corporation primarily liable therefor 

shall be subject to investigation by the department of highways, unless such settlements are 

assented to in writing by all parties in the proceeding. If the parties interested cannot agree upon 

said damages, any party may have the damages determined under chapter seventy-nine. All 

expense resulting from the necessary relocating or changing of streams and watercourses 

forming the natural drainage channels of the territory where alterations of grades are authorized, 

and of sewers, drains and pipes therein owned and operated by a city or town, shall be primarily 

paid by said city or town, and shall be a part of the actual cost of the alterations specified in 

section seventy. 

Mass. Gen. Laws Ann. ch. 159, § 75 (West 2021) 

§ 76. Cost of temporary tracks constructed due to alteration of grade crossing 

If such bridge is altered, rebuilt, improved or repaired under sections fifty-nine to sixty-four, 

inclusive, of chapter one hundred and fifty-nine, the cost of construction of the tracks upon and 

over such temporary location shall be reckoned as a part of the charges and expenses of the 

alteration, improvement or repair of the crossing, to be apportioned by the special commission as 

provided thereunder. 

Mass. Gen. Laws Ann. ch. 161, § 76 (West 2021) 
155 

§ 77. Expenses of maintenance and repair 

After the completion of the work, the expense of maintenance and repair shall be paid as follows: 

if the public way crosses the railroad by an overhead bridge, the superstructure and subflooring 

of the bridge and its abutments or other supports shall be maintained and kept in repair by the 

railroad corporation, but the approaches of the bridge and the pavement or wearing surface over 

the subflooring shall be maintained and kept in repair by the city or town where situated, or, in 

case such public way is a state highway, by the commonwealth; if the public way passes under 

the railroad, the bridge and its abutments or supports shall be maintained and kept in repair by 

the railroad corporation, and the public way and its approaches shall be maintained and kept in 

repair by the city or town where situated, or, in case such public way is a state highway, by the 

commonwealth; if several railroads cross a public way at or near a given point, the department of 

highways shall apportion and award in what manner and proportion each of said railroad 

corporations shall maintain and keep in repair the superstructure and subflooring of the bridge 

and its abutments or supports if the public way crosses the railroad by an overhead bridge, and 

the bridge and its abutments or supports if the public way passes under said railroads. 

Mass. Gen. Laws Ann. ch. 159, § 77 (West 2021) 

§ 80. Proceedings upon agreement as to alterations 

If the board of aldermen of a city or the selectmen of a town where a public way and a railroad 

cross each other and the directors of the railroad corporation deem it necessary for the security 

and convenience of the public that alteration should be made in such crossing, in the approaches 

thereto, in the location of the railroad or public way or in the grades thereof, or in a bridge at 

such crossing, or that such crossing should be discontinued with or without building a new way 

in substitution therefor, and they agree as to the alterations to be made, a written instrument 

signed, in behalf of a city, by the mayor, authorized by the board of aldermen, or in behalf of a 

town, by the chairman of the selectmen, authorized by vote of the town, and by the president of 

the railroad corporation, authorized by its directors, specifying the manner and limits within 

which the alterations shall be made, and by which party the work shall be done, or how it shall 

be apportioned between the city or town and the railroad corporation, the general method of 

construction, the grades for the railroad and the public way, and also what land or other property 

it is necessary to take, and what portion, if any, of an existing public way is to be discontinued, 

and how the cost thereof shall be apportioned between the city or town and the railroad 

corporation, shall be valid and binding on the city or town and the railroad corporation, 

respectively, and have the same force and effect as an order of the department of highways under 

section seventy, if the department of telecommunications and energy, after notice to all parties 

interested by advertisement and a public hearing, approves of the alterations set forth in the 

agreement as necessary for the convenience and security of the public; provided, that the 

department of highways, acting on behalf of the commonwealth, may, if in its judgment it seems 

advisable, join in such an agreement to abolish any grade crossing, thereby engaging the 

commonwealth to pay to the parties entitled thereto under the agreement, such amount as said 

department deems just, and such an agreement in which the commonwealth so joins shall be 

valid and binding on the commonwealth as well as the other parties thereto, and shall have the 

same force and effect as an order of said department under said section seventy, after approval as 

aforesaid by the department of telecommunications and energy. Said agreement, when approved 

by the department of telecommunications and energy and filed in its office, shall establish the 

locations as thus altered, and if it is necessary to take land or an easement therein to provide such 
156 

new locations, the department of highways, in case of the abolition of a grade crossing to the cost 

of which the commonwealth is to contribute, otherwise the department of telecommunications 

and energy, shall take the same by eminent domain on behalf of the commonwealth, of the city 

or town, and of the railroad corporation, respectively, under chapter seventy-nine. Except as 

otherwise provided in this section, so much of section seventy-four as relates to the taking of 

land, and so much of section seventy-five as relates to the right of any person to recover damages 

sustained in consequence of such taking or of the alterations made in pursuance of said order 

shall apply to the taking of land and to damages sustained under an agreement made pursuant to 

this section. The crossing and approaches shall be maintained and kept in repair as provided in 

section seventy-seven, unless the parties agree otherwise. If the agreement provides for the 

abolition of a grade crossing to the cost of which the commonwealth is to contribute, the 

department of highways shall keep itself informed of the progress and character of the work and 

of the amounts reasonably expended for work done or for damages, so far as rendered necessary 

for the abolition of the grade crossing; and for that purpose it may employ any necessary agents, 

and, from time to time, as it may consider proper, shall issue certified statements of the amount 

legally and properly expended for such abolition of a grade crossing. A street railway company 

or county or other party which would be affected by the alteration of a crossing as aforesaid may 

join in any agreement under this section. 

Mass. Gen. Laws Ann. ch. 159, § 80 (West 2021) 

§ 97. Highway crossings; obstructions; grade separations 

A railroad laid out across a public way shall be so constructed as not to obstruct the same; and, 

unless the county commissioners and the department authorize a crossing at the same level as 

provided in section one hundred and two, it shall be constructed so as to pass either over or under 

the way, as prescribed in the following section, and conformably to any decree which may be 

made by the county commissioners under section one hundred. 

Mass. Gen. Laws Ann. ch. 160, § 97 (West 2021) 

§ 100. Alteration of grade of highway; decree of county commissioners; security 

A railroad corporation may raise or lower a public way to permit its railroad to pass over or 

under the same; but before proceeding to cross or to alter or excavate for the purpose of crossing 

the way, it shall obtain from the county commissioners a decree prescribing what alterations may 

be made in the way, and what structures erected at the crossing, and the manner and time of 

making or erecting the same; and before entering upon, excavating or altering the way, it shall 

give to the city or town where the crossing is situated security, satisfactory to the commissioners, 

that it will faithfully comply with the requirements of the decree to their acceptance, and will 

indemnify the city or town against all damages and charges by reason of a failure so to do. 

If, upon the petition of the board of aldermen or selectmen, it appears that such corporation has 

excavated or altered a public way without obtaining the decree and giving the security required 

by this section, or has neglected for fifteen days to give security as required by section one 

hundred and six, the supreme judicial court may enjoin it from entering upon, altering, 

excavating or crossing the way until such decree has been obtained or such security given. 

Mass. Gen. Laws Ann. ch. 160, § 100 (West 2021) 
157 

§ 101. Alteration of course of highway; decree of county commissioners; security; eminent 

domain 

A railroad corporation may alter the course of a public way to facilitate the crossing thereof by 

its railroad or to permit its railroad to pass at the side thereof without crossing, if, after notice to 

the city or town where the way is situated, and a hearing, the county commissioners decide that 

such alteration will not essentially injure the way, and make a decree prescribing the time and 

manner of such alteration. If it is necessary to take land for such alteration, the county 

commissioners shall take the same by eminent domain under chapter seventy-nine on behalf of 

the county, city or town having jurisdiction over the alteration of such way, and before entering 

upon, excavating or altering such way the corporation shall give to such county, city or town 

security satisfactory to the commissioners that it will indemnify such county, city or town for all 

damages and charges which it is obliged to pay by reason of such taking. 

Mass. Gen. Laws Ann. ch. 160, § 101 (West 2021) 

§ 102. Level grade crossing of highway 

If a railroad is laid out across a public way, the county commissioners, or the department of 

highways in the case of a state highway, upon the application of the railroad corporation, or of 

the board of aldermen of the city or selectmen of the town where the crossing is situated, after 

notice to all persons interested and a hearing, may adjudge that public necessity requires the 

crossing at the same level, and may, if the department also consents in writing to such crossing at 

the same level, make a decree specially to authorize and require the corporation so to construct 

its railroad, in such manner as shall be prescribed in the decree, and the commissioners, or the 

department of public works in the case of a state highway, may modify such decree or may 

revoke it at any time before the construction of the railroad at such crossing. 

Mass. Gen. Laws Ann. ch. 160, § 102 (West 2021) 

§ 103. Level grade crossing; rails protected to enable easy passage 

A railroad corporation whose railroad is crossed by a public way at the same level shall, at its 

own expense, so guard or protect its rails by plank, timber or otherwise as to secure a safe and 

easy passage across its railroad; and if, in the opinion of the county commissioners, any 

subsequent alteration of the highway or other way or additional safeguards are required at the 

crossing, they may make a decree ordering the corporation to establish the same as provided in 

section one hundred. 

Mass. Gen. Laws Ann. ch. 160, § 103 (West 2021) 

§ 104. Proceedings to lay out public way across railroad 

A public way may be laid out across a railroad previously constructed, if the county 

commissioners, or the department of highways in the case of a state highway, adjudge that public 

necessity and convenience so require; and in such case, after notice to the railroad corporation 

and a hearing of all parties interested, said commissioners or division, or a city or town by 

authority of the county commissioners granted upon petition of its board of aldermen or 

selectmen, may thus lay out a way across a railroad, in such manner as not to injure or obstruct 

the railroad, and otherwise in conformity with sections ninety-seven and ninety-eight. A public 

way shall not be permitted to cross at a level with the railroad unless it is determined by the 

department of highways, in the case of a state highway, or the county commissioners, in the case 
158 

of any other public way, after notice to all persons interested and a hearing, that public necessity 

so requires, and the department of telecommunications and energy consents thereto in writing. If 

it is necessary in the laying out, construction or alteration of a state highway across a railroad to 

alter or relocate the railroad, the department of highways may take by eminent domain under 

chapter seventy-nine, on behalf of the railroad corporation, land or rights in land necessary for 

such alteration or relocation with the written approval of the department of telecommunications 

and energy. Charges and expenses for such alteration or relocation shall be paid by the 

department of highways. A copy of the proceedings of the department of highways in laying out 

a state highway under this section, including a copy of the plan of so much of said way as lies 

within the location of the railroad, shall be filed in the office of the county commissioners of the 

county where such way is located. 

Mass. Gen. Laws Ann. ch. 160, § 104 (West 2021) 

§ 106. Remedy of obstruction or for failure to repair 

If, upon application to the county commissioners by the board of aldermen or selectmen, and 

after notice to the corporation which owns or operates a railroad, and a hearing, it appears that 

the railroad so crosses a public way other than a state highway as to obstruct it, contrary to 

section ninety-seven, or to a decree made under section one hundred, or that the corporation 

refuses or neglects to keep a bridge or other structure required or necessary at such crossing in 

proper repair, the county commissioners may make a decree prescribing what repairs shall be 

made by the corporation at the crossing, and the time within which they shall be made. A 

commission of three disinterested persons, appointed as provided in section sixty-two of chapter 

one hundred and fifty-nine, shall determine which party shall carry such decision into effect and 

which party shall pay the charges and expenses of making such repairs and the future charges for 

keeping such bridge or crossing and the approaches thereto in repair, as well as the costs of the 

application to the county commissioners, or the department, and of the hearing before said 

commission; and it may apportion all such charges, expenses and costs between the railroad 

corporation, the railway company having tracks on said way, and the counties, cities or towns 

where said crossing is situated and other cities and towns which may be specially benefited; 

provided, that the parties in interest may waive the appointment of the commission and 

determine the foregoing by written agreement to be filed in the proceeding. If a railway company 

is authorized to lay and use tracks upon any bridge in a highway built, repaired or altered as 

above provided for, or the approaches to which are altered or improved as above provided for, 

the said commission shall determine what part of the charges and expenses of making such 

changes or improvements, or of keeping such bridge or crossing and approaches in good 

condition, shall be paid by said railway company. They may further order the corporation to give 

security, as provided in section one hundred, for the faithful performance of the requirements of 

the decree and for the indemnity of the city or town upon a failure in such performance. 

Mass. Gen. Laws Ann. ch. 160, § 106 (West 2021) 

Michigan (6) 

*§ 247.661. State trunk line fund 

Sec. 11. (1) A fund to be known as the state trunk line fund is established in the state treasury as 

a separate fund. The money deposited in the state trunk line fund is appropriated to the 

department for the following purposes in the following order of priority: 
159 

(a) For the payment, but only from money restricted as to use by section 9 of article IX of the 

state constitution of 1963, of bonds, notes, or other obligations in the following order of priority: 

(i) For the payment of contributions pledged before July 18, 1979 and required to be made by the 

state highway commission or the state transportation commission under contracts entered into 

before July 18, 1979, under 1941 PA 205, MCL 252.51 to 252.64, for the payment of the 

principal and interest on bonds issued under 1941 PA 205, MCL 252.51 to 252.64, for the 

payment of which a sufficient sum is irrevocably appropriated. 

(ii) For the payment of the principal and interest upon bonds designated “State of Michigan, 

State Highway Commissioner, Highway Construction Bonds, Series I”, dated September 1, 

1956, in the aggregate principal amount of $25,000,000.00, issued pursuant to former 1955 PA 

87 and the resolution of the state administrative board adopted August 6, 1956, for the payment 

of which a sufficient sum is irrevocably appropriated. 

(iii) For the payment of the principal and interest on bonds issued under section 18b1 for 

transportation purposes other than comprehensive transportation purposes as defined by law and 

the payment of contributions pledged to the payment of principal and interest on bonds issued 

under section 18d2 and contracts entered into under section 18d by the state highway 

commission or state transportation commission to be made pursuant to contracts entered into 

under section 18d. A sufficient portion of the fund is irrevocably appropriated to pay, when due, 

the principal and interest on bonds or notes issued under section 18b for purposes other than 

comprehensive transportation purposes as defined by law, and to pay the annual contributions of 

the state highway commission and the state transportation commission as are pledged for the 

payment of bonds issued under contracts authorized by section 18d. 

(b) For the transfer of money appropriated under section 10(1)(i)3 to the transportation economic 

development fund, but the transfer shall be reduced each fiscal year by the amount of debt 

service to be paid in that year from the state trunk line fund for bonds, notes, or other obligations 

issued to fund projects of the transportation economic development fund, which amount shall be 

certified by the department. 

(c) For the transfer of money appropriated under section 10(1)(a) to the rail grade crossing 

account in the state trunk line fund for expenditure for rail grade crossing improvement purposes 

at rail grade crossings on public roads and streets under the jurisdiction of this state, counties, 

cities, or villages. The department shall select projects for funding in accordance with the 

following: 

(i) Not more than 50% or less than 30% of this money and matched federal money shall be 

expended for state trunk line projects. 

(ii) In prioritizing projects for this money, in whole or in part, the department shall consider train 

and vehicular traffic volumes, accident history, traffic control device improvement needs, and 

the availability of funding. 

(iii) Consistent with the other requirements for this money, the first priority for money deposited 

under this subdivision for rail grade crossing improvements and retirement shall be to match 

federal money from the railroad-highway grade crossing improvement program or other 

comparable federal programs if a match is required under federal law. 

(iv) If the department and a road authority with jurisdiction over the crossing formally agree that 

the grade crossing should be eliminated by permanent closing of the public road or street, the 

physical removal of the crossing, roadway within railroad rights of way and street termination 

treatment shall be negotiated between the road authority and railroad company. The money 

provided to the road authority as a result of the crossing closure shall be credited to its account 
160 

representing the same road or street system on which the crossing is located and shall be used for 

any transportation purpose within that road authority's jurisdiction. 

(d) For the transfer of money appropriated under section 10(1)(b) to the grade crossing surface 

account in the state trunk line fund for expenditure for rail grade crossing surface improvement 

purposes at rail grade crossings on public roads and streets under the jurisdiction of counties, 

cities, or villages. Projects shall be selected for funding in accordance with the following: 

(i) In prioritizing projects, the department shall consider vehicular traffic volumes, relative 

crossing surface condition, the ability of the railroad and local road authority to make 

coordinated improvements, and the availability of funding. 

(ii) The grade crossing surface account shall fund 60% of the project cost, with the remaining 

40% funded by the railroad company. 

(iii) Funding under the grade crossing surface account shall be limited to items of work that are 

normally the responsibility of the railroad under section 309 of the railroad code of 1993, 1993 

PA 354, MCL 462.309. Maintenance of the roadway approaches to the crossing will continue to 

be the responsibility of the party with jurisdiction over that roadway. 

(e) For the total operating expenses of the state trunk line fund for each fiscal year as 

appropriated by the legislature. 

(f) For the preservation of state trunk line highways and bridges. 

(g) For the opening, widening, improving, construction, and reconstruction of state trunk line 

highways and bridges, including the acquisition of necessary rights of way and the work 

incidental to that opening, widening, improving, construction, or reconstruction. Those sums in 

the state trunk line fund not otherwise appropriated, distributed, determined, or set aside by law 

shall be used for the construction or reconstruction of the national system of interstate and 

defense highways, referred to in this act as “the interstate highway system” to the extent 

necessary to match federal aid money as the federal aid money becomes available for that 

purpose; and, for the construction and reconstruction of the state trunk line system. 

(h) The department may enter into agreements with a local road agency or a private sector 

company to perform work on a highway, road, or street. The agreements may provide for the 

performance by any of the contracting parties of any of the work contemplated by the contract 

including maintenance, engineering services, and the acquisition of rights of way in connection 

with the work, by purchase or condemnation by any of the contracting parties in its own name, 

and for joint participation in the costs, but only to the extent that the contracting parties are 

otherwise authorized by law to expend money on the highways, roads, or streets. The department 

also may contract with a local road agency to advance money to a local road agency to pay the 

costs of improving railroad grade crossings on the terms and conditions agreed to in the contract. 

A contract may be executed before or after the state transportation commission borrows money 

for the purpose of advancing money to a local road agency, but the contract shall be executed 

before the advancement of any money to a local road agency by the state transportation 

commission, and shall provide for the full reimbursement of any advancement by a local road 

agency to the department, with interest, within 15 years after advancement, from any available 

revenue sources of the local road agency or, if provided in the contract, by deduction from the 

periodic disbursements of any money returned by the state to the local road agency. 

(i) For providing inventories of supplies and materials required for the activities of the 

department. The department may purchase supplies and materials for these purposes, with 

payment to be made out of the state trunk line fund to be charged on the basis of issues from 

inventory in accordance with the accounting and purchasing laws of this state. 
161 

(2) Notwithstanding any other provision of this act, the department shall annually expend at least 

90% of state revenue appropriated annually to the state trunk line fund less the amounts 

described in subdivisions (a) to (i) for the preservation of highways, roads, streets, and bridges 

and for the payment of debt service on bonds, notes, or other obligations described in subsection 

(1)(a) issued after July 1, 1983, for the purpose of providing money for the preservation of 

highways, roads, streets, and bridges. Of the amounts appropriated for state trunk line projects, 

the department shall, where possible, secure pavement warranties for full replacement or 

appropriate repair for contracted construction work on pavement projects whose cost exceeds 

$2,000,000.00 and projects for new construction or reconstruction undertaken after the effective 

date of the 2015 amendatory act that amended this subsection. The department shall compile and 

make available to the public an annual report of all warranties that were secured under this 

subsection and all pavement projects whose costs exceed $2,000,000.00 where a warranty was 

not secured as provided in subsection (14). If an appropriate certificate is filed under section 

18e4 but only to the extent necessary, this subsection does not prohibit the use of any amount of 

money restricted as to use by section 9 of article IX of the state constitution of 1963 and 

deposited in the state trunk line fund for the payment of debt service on bonds, notes, or other 

obligations pledging for the payment thereof money restricted as to use by section 9 of article IX 

of the state constitution of 1963 and deposited in the state trunk line fund, whenever issued, as 

specified under subsection (1)(a). The amounts that are deducted from the state trunk line fund 

for the purpose of the calculation required by this subsection are as follows: 

(a) Amounts expended for the purposes described in subsection (1)(a) for the payment of debt 

service on bonds, notes, or other obligations issued before July 2, 1983. 

(b) Amounts expended to provide the state matching requirement for projects on the national 

highway system and for the payment of debt service on bonds, notes, or other obligations issued 

after July 1, 1983, for the purpose of providing money for the state matching requirements for 

projects on the national highway system. 

(c) Amounts expended for the construction of a highway, street, road, or bridge to 1 or more of 

the following or for the payment of debt service on bonds, notes, or other obligations issued after 

July 1, 1983, for the purpose of providing money for the construction of a highway, street, road, 

or bridge to 1 or more of the following: 

(i) A location for which a building permit has been obtained for the construction of a 

manufacturing or industrial facility. 

(ii) A location for which a building permit has been obtained for the renovation of, or addition to, 

a manufacturing or industrial facility. 

(d) Amounts expended for capital outlay other than for highways, roads, streets, and bridges or to 

pay debt service on bonds, notes, or other obligations issued after July 1, 1983, for the purpose of 

providing money for capital outlay other than for highways, roads, streets, and bridges. 

(e) Amounts expended for the operating expenses of the department other than the units of the 

department performing the functions assigned on January 1, 1983 to the bureau of highways. 

(f) Amounts expended pursuant to contracts entered into before January 1, 1983. 

(g) Amounts expended for the purposes described in subsection (5). 

(h) Amounts appropriated for deposit in the transportation economic development fund and the 

rail grade crossing account pursuant to section 10(1)(a) and (h). 

(i) Upon the affirmative recommendation of the director of the department and the approval by 

resolution of the state transportation commission, those amounts expended for projects vital to 
162 

the economy of this state, a region, or local area or the safety of the public. The resolution shall 

state the cost of the project exempted from this subsection. 

(3) Notwithstanding any other provision of this act, the department shall expend annually at least 

90% of the federal revenue distributed to the credit of the state trunk line fund in that year, 

except for federal revenue expended for the purposes described in subsection (2)(b), (c), (f), and 

(i) and for the payment of notes issued under section 18b(9) on the preservation of highways, 

roads, streets, and bridges. The requirement of this subsection is waived if compliance would 

cause this state to be ineligible according to federal law for federal revenue, but only to the 

extent necessary to make this state eligible according to federal law for that revenue. 

(15) As used in this section: 

(a) “Local road agency” means that term as defined in section 9a.7 

(b) “Rail grade crossing improvement purposes” means 1 or more of the following:

(i) The installation and modernization of active and passive warning devices at railroad grade 

crossings. 

(ii) The installation or improvement of grade crossing surfaces. 

(iii) Modification, relocation, or modernization of railroad grade crossing active and passive 

warning devices necessitated by roadway improvement projects. 

(iv) Test installations of innovative warning devices or other innovative applications. 

(v) Construction of new grade separations. 

(vi) A cash incentive payment made pursuant to subsection (1)(c)(iv) for any public road or 

street crossing, in an amount no greater than the cost of installing flashing light signals and half 

roadway gates at the crossing. 

(vii) Any other work that would be eligible for funding under the federal railroad-highway grade 

crossing improvement program or other comparable programs. 

Mich. Comp. Laws Ann. § 247.661 (West 2021) Excerpt from applicable statute published. 

§ 462.301. Assessment of physical condition and safety needs of grade crossings; notice; 

diagnostic study team review; funding of adjustments or improvements; administration of 

funds; routine inspections 

Sec. 301. (1) The department, upon request of any interested party or by its own interest, may 

when it considers necessary assess the physical condition and safety needs of grade crossings of 

railroad tracks with public streets and highways or with a nonmotorized trail by scheduling a 

diagnostic study team review at the grade crossing or group of grade crossings. Written notice 

shall be given to all parties 15 days before the review. Each affected organization shall be 

represented by a knowledgeable individual prepared to contribute information requested in the 

notice and empowered to make decisions on behalf of that party. A decision by a diagnostic 

study team concerning the safety needs of a grade crossing based upon current roadway and 

railroad traffic levels, speeds and other parameters, funding arrangements, division of 

responsibility, and scheduling will be mutually decided to accommodate adjustments or 

improvements, relocations, closures, grade separations, or other changes reasonably required in 

the interest of public welfare and safety. The department shall issue an order confirming the 

agreements reached, in writing, to all parties. 

(2) If consensus cannot be reached during the diagnostic study team review, the department, by 

order to the affected parties, shall require such adjustments or improvements, relocations, 

closures, or other changes as may be reasonably required in the interest of public welfare and 

safety. The railroad or railroads having responsibility for the track or tracks in the grade crossing, 
163 

and the road authority having jurisdiction of the streets or highways shall be given due notice and 

have the right to a hearing. 

(3) The cost of an adjustment or improvement, relocation, closure, grade separation, or other 

change determined necessary by a department order shall be funded as provided in this act. Items 

of work which would usually be at the expense of the railroad or road authority may be funded 

from the following sources if the work is eligible for such funding and if the funds are available: 

(a) First, from federal funds obtained through the federal aid railroad-highway grade crossing 

improvement program. 

(b) Second, from state funds obtained through the railroad grade crossing account of the state 

trunk line fund. 

(4) The department shall administer these funds in an efficient and equitable manner by 

establishing an annual prioritization of grade crossing safety improvements. Items of work 

determined to be routine maintenance items shall not be eligible for funding from these funding 

sources. The department may, at its own discretion, approve or disapprove the use of these funds 

for items of grade crossing surface and roadway approach work. Federal funds obtained for high 

speed rail corridor grade crossing improvements, needed to accommodate trains at speeds 

exceeding 79 miles per hour, shall be expended prior to the use of those federal and state funds 

of the type referenced in subsection (3)(a) and (b) on a high speed rail corridor. No federal or 

state funds of the type referenced in subsection (3)(a) and (b) shall be expended for construction 

of grade separations on federally designated high speed rail corridors. 

(5) The department may, through routine inspections, periodically serve notice to affected 

parties, that existing devices and conditions exist at public grade crossings need corrective 

action. The railroads or road authorities, or both, shall, at their cost and according to their 

respective responsibility, expeditiously correct the deficiency and advise the department in 

writing when the work is completed. 

Mich. Comp. Laws Ann. § 462.301 (West 2021) 

§ 462.305. Specification of details of construction, repair, or reconstruction of grade 

crossing in department orders 

Sec. 305. An order of the department need not specify the details of the construction, repair, or 

reconstruction of a physical grade crossing unless the circumstances surrounding a particular 

grade crossing so require. An order of the department shall take into consideration time required 

for design, acquisition of materials, and construction time, including seasonal difficulties, and the 

volume of similar projects pending. 

Mich. Comp. Laws Ann. § 462.305 (West 2021) 

§ 462.307. Approval and regulation of grade crossings 

Sec. 307. (1) A new public street, highway, or a new nonmotorized trail shall not be constructed 

across the tracks of any railroad, or the new tracks of any railroad shall not be constructed across 

a public street, highway, or nonmotorized trail until approval is granted by the department. Upon 

application, the department shall investigate the location of the proposed crossing. 

(2) The department, when it determines necessary for the safety of the public, may change the 

location of or abolish any existing public grade crossing after not less than 30 days' notice in the 

area affected by the crossing. A public hearing shall be held by the department if requested by 

any affected party. Within 30 days after the date of the hearing, the department may issue an 

order to close the existing grade crossing. Any person, local unit of government, or road 
164 

authority having an interest in the abolishment of an existing grade crossing, within 30 days after 

the closure order of the department, may commence an action in the circuit court for the county 

of Ingham against the department as defendant to vacate or set aside the order. 

(3) Commencing with the date of the federal designation of a high-speed rail corridor, a public or 

private at-grade street or highway or a farm, bicycle, or pedestrian crossing shall not be 

constructed across the railroad tracks of that corridor except for a crossing consolidation or 

relocation approved by the department. 

(4) If the location of a proposed crossing is found to be necessary, feasible, and may be made 

reasonably safe for a crossing at grade, the department shall grant permission for the crossing. 

The department shall require installation of such traffic control devices as in its judgment may be 

appropriate. When a crossing necessitated by a new roadway across an existing track is 

permitted, the department shall simultaneously, after investigation and hearing, order the 

abolishment of 1 or more existing grade crossings having less than 100 vehicles a day within the 

same road authority jurisdiction, if the involved road authority and railroad may waive hearing 

thereon. 

(5) If the department determines that the proposed location may not be made reasonably safe for 

a grade crossing, it shall deny permission for the crossing and require the crossing to be 

redesigned, if constructed at that location, or to be made other than at grade in accordance with 

section 319.1 If the department determines that it is impractical to secure a safe crossing at the 

point in question, either at grade or otherwise, it shall deny the grade crossing. 

(6) The full cost of constructing a new street or highway across an existing railroad, or of a new 

railroad track or tracks across an existing street or highway, shall be borne by the party 

requesting the crossing. The following shall apply to a new or relocated grade crossing: 

(a) The plans for the grade crossing shall be approved by both railroad and road authority. If 

there is a failure to agree, the department shall settle the points of disagreement by the terms of 

its order. 

(b) The relocation of an existing grade crossing or the establishment of a new grade crossing at 

which the existing public highway grade crossing is completely abandoned, shall be constructed 

and the cost borne in the same manner as in the case of a new grade crossing. The maintenance 

responsibility of the relocated crossing shall be the same as the removed crossing unless 

otherwise agreed to by the parties. 

(c) Temporary grade crossings shall be constructed, maintained, and removed at the sole expense 

of the parties requesting the same. 

(d) The cost of construction shall include the direct construction cost of the roadbed, track 

structure, grade crossing surface, pavement, traffic control devices and drainage, including all 

material, labor, and services and other costs of construction. 

(e) After construction, the grade crossing and traffic control devices shall be maintained as 

provided in this act. 

(7) Upon approval of any new grade crossing project requested by a road authority, the road 

authority shall notify the railroad, in writing, to furnish a competent inspector and other 

necessary persons to inspect the construction of the grade crossing which shall be constructed 

according to the order of the department. The road authority shall pay to the railroad the actual 

costs incurred by the railroad for the time actually and necessarily spent in inspecting 

construction. Upon approval of any new grade crossing project requested by a railroad, the 

railroad shall notify the road authority, in writing, to furnish a competent inspector and other 

necessary persons to inspect the construction of the grade crossing which shall be constructed 
165 

according to the order of the department. The railroad shall pay to the road authority the actual 

costs incurred by the road authority for the time actually and necessarily spent in inspecting 

construction. 

(8) A road authority may request a railroad or a railroad may request a road authority, in writing, 

to reconstruct, change, widen, or alter that portion of an existing grade crossing with a public 

street or highway for which they are responsible to accommodate the requesting party's plans for 

reconstruction, change, widening, or alteration of their crossing related facility. The requesting 

party shall notify the other party to conform to the change simultaneously with the requesting 

party's work. However, if the party requested to make changes refuses, the requesting party may 

make application to the department for a determination. The department, after due hearing on the 

issue, shall determine the matters in dispute by order. The full cost of the reconstructing, change, 

widening, or alteration shall be borne by the party requesting it, unless otherwise agreed to. 

(9) If a track through any grade crossing is abandoned through legal proceedings, the railroad, at 

its cost as part of routine maintenance, shall remove the tracks and any active traffic control 

devices and then shall restore the street or highway surface in a manner satisfactory to the road 

authority. The road authority, at its cost as part of routine maintenance, shall remove all passive 

traffic control devices. The track and all traffic control devices shall be removed within 1 year of 

the abandonment. Until such removal is complete, the railroad and road authority shall maintain 

it in accordance with this act. 

(10) If a track through any grade crossing becomes unnecessary for the conduct of railroad 

services, the railroad, at its cost as part of routine maintenance, shall remove the track and any 

active traffic control devices and then shall restore the street or highway surface in a manner 

satisfactory to the road authority. The road authority, at its cost as part of routine maintenance, 

shall remove all passive traffic control devices. The department may order the railroad to remove 

the track and any traffic control devices if there is not a likelihood of continued use. Until the 

track and all traffic control devices are removed, the railroad and road authority shall maintain it 

in accordance with this act. 

Mich. Comp. Laws Ann. § 462.307 (West 2021) 

§ 462.319. Construction or reconstruction of highway/railroad grade separation structure 

Sec. 319. (1) The construction of a new highway/railroad grade separation structure or the total 

reconstruction of an existing grade separation structure shall require a written agreement between 

all affected railroads, the road authority, and any other parties required by law to participate in 

the construction or funding of the grade separation. As a minimum, the written agreement shall 

include the following: 

(a) A detailed statement of the work to be performed by each party. 

(b) Methods of payment. 

(c) A description of any work to be performed by the affected parties at no cost to the project. 

(d) Each party's share of the project cost. 

(e) An itemized estimate of the cost of work to be performed by the railroad. 

(f) Methods to be used for performing the work, including contract and force account work. 

(g) Maintenance responsibilities. 

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

(i) Appropriate reference to or identification of plans and specifications. 
166 

(j) Statements defining the conditions under which the railroad will provide or require protective 

services during performance of the work, the type of protective services, and the method of 

reimbursement to the railroad. 

(k) Required minimum horizontal and vertical clearances for each track and roadway passing 

over or under the separation. 

(l) A clause providing transfer of responsibilities to successive parties in the event of the change 

of ownership or jurisdiction of the railroad or highway. 

(m) The parties responsible to expeditiously remove the grade separation structure and cost 

responsibility if the grade separation is no longer needed. 

Each party signing the agreement shall receive an executed copy of the agreement and shall 

retain the agreement or a facsimile of the agreement for the life of the structure. If the roadway 

or railroad changes jurisdiction or ownership, the copy of the agreement shall be provided to the 

new affected party. 

(2) The partial reconstruction of an existing highway/railroad grade separation, the alteration of 

an existing grade separation for increased railroad or highway facilities, or the removal of an 

existing grade separation shall be accomplished under the terms and conditions of the existing 

agreement or agreements covering the existing grade separation. If no agreement exists for the 

separation or if the existing agreement does not adequately address the proposed work, a new 

written agreement meeting the requirements of subsection (1) shall be executed before 

commencement of the work. 

(3) For new construction, partial reconstruction, alteration, or removal of a grade separation, as 

provided for in subsections (1) and (2), where the affected parties cannot come to agreement, 

either the railroad or road authority may request, in writing, the department to order the 

construction, reconstruction, alteration, or removal of a grade separation. A request by a railroad 

or road authority shall include proposed profiles, plans, maps, and specifications showing the 

portions of the street or highway and the railroad or railroads, for which the grade is to be 

changed or modified and the details of construction necessary for the improvements. 

(4) The department shall set a day for a hearing on the request and give written notice, together 

with a copy of the request, to all known interested parties in the proceeding at least 10 days 

before the day set for the hearing, and on the day set for hearing, or at any adjournment or 

continuance of the hearing, the parties in interest shall be entitled to be heard. The department 

may issue summonses or subpoenas to enforce the attendance of witnesses at the hearing and 

may make such examination of the location of the grade separation as it considers necessary. 

(5) If after the hearing the department finds that the separation of grades, the reconstruction of 

existing grade separations, or the alteration of existing grade separations for increased highway 

or railroad facilities is necessary for the public convenience, welfare, and safety, it may by 

proper order approve the separation of grades, the reconstruction of existing grade separations, or 

the alteration of existing grade separations for increased highway or railroad facilities, together 

with the profiles, plans, maps, and specifications to govern the work. If it finds that there is no 

such necessity, it may by proper order deny the request. The department, if in its judgment finds 

it is necessary for the public convenience, welfare, and safety, may change or alter the location 

of a grade separation. When existing grade crossings of any streets or highways with the railroad 

are near an involved grade separation, plans for which are approved pursuant to this act, and are 

situated within a reasonable distance of the site approved for grade separation, and when it is 

considered practical and reasonable to abolish any of such crossings by connecting the streets or 

highways to the highway directly served by the approved grade separation project, the 
167 

department may order such crossings closed, may specify or approve the nature of connections to 

the highways interrupted by closing these crossings, and may require that the work be included 

as a part of the grade separation project. Profiles, plans, maps, and specifications for structures 

and railroad and highway approaches shall be prepared, unless otherwise agreed upon, by the 

party whose traffic is to be carried thereon, and likewise, unless otherwise agreed upon, the work 

of construction shall be performed by the party whose traffic is to be carried by such 

construction. However, if the profiles, plans, maps, and specifications of any party or parties 

have not been agreed to in writing by the other parties interested in the improvement before the 

day set for hearing on the application before the department, the department shall in its order 

prescribe the manner in which the separation of grades, the reconstruction of existing grade 

separations, or the alteration of existing grade separations shall be affected, fix and approve the 

profiles, plans, maps, and specifications, and in this behalf may approve in whole or in part, 

modify, or alter the plans submitted by the applicant. 

(6) Unless otherwise agreed upon, the cost of constructing and making separation of grades, the 

reconstruction of existing grade separations, or the alteration of existing grade separations for 

increased highway or railroad facilities, computed as provided in this act, shall be borne 

according to the benefits received, except that projects requested by the road authority shall not 

exceed 15% by the affected railroad with the balance paid by the road authority, and projects 

requested by the railroad shall not exceed 15% by the affected road authority with the balance 

paid by the railroad. If there is more than 1 affected railroad, and the railroads do not agree on 

the division of the amount to be borne by each, then the division shall be made by the order of 

the department. If the amount to be borne by more than 1 road authority is not agreed upon, the 

division of the amount to be borne by them shall be made by the order of the department. 

(7) Unless otherwise agreed upon, the department shall determine the parts or sections of a grade 

separation undertaking that shall be maintained by the railroad and the part or sections that shall 

be maintained by the road authority. Unless there are special conditions which complicate a 

direct allotment of the division of maintenance responsibilities, the maintenance of the structure 

and approaches and corresponding items of work shall be performed and the cost shall be borne 

entirely by the party whose traffic is carried thereon. The railroad shall repair or replace, at its 

own expense, any portions that may be damaged or destroyed by accident or otherwise arising 

from railroad traffic, and the road authority will repair or replace, at its own expense, any 

portions that may be damaged or destroyed by highway traffic. 

(8) In computing the costs of an improvement, abuttal damages, property acquisition costs, 

engineering costs, all the other costs of construction, both temporary and permanent, including 

railroad and highway approaches to the structure incident to the separation of grades, 

reconstruction of existing grade separations, and the alteration of existing grade separations for 

increased highway or railroad facilities as set forth in the profiles, plans, maps, and specifications 

approved by the department may be considered. Additional property acquired or to be acquired 

for economizing the cost of the improvement and necessary to the grade separation structure and 

immediate approaches for preserving the existing railroad or highway may be considered a 

construction cost and included in the cost of the improvement. 

Mich. Comp. Laws Ann. § 462.319 (West 2021) 

§ 462.321. Condemnation of right-of-way and other property for grade crossings, grade 

separation structures, and clear vision areas 
168 

Sec. 321. If a railroad and road authority enter into an agreement or if the department orders or 

otherwise authorizes the construction, relocation, or improvement of a railroad crossing at grade, 

the construction of a grade separation structure, the reconstruction of an existing grade 

separation, the alteration of existing grade separations for increased highway or railroad 

facilities, or the establishment of a clear vision area, the right-of-way and other property rights 

necessary for the project, unless otherwise agreed upon, shall be acquired by condemnation in 

the same manner as property is acquired for other highway purposes. 

Mich. Comp. Laws Ann. § 462.321 (West 2021) 

Minnesota (11) 

§ 161.20. General powers of commissioner 

Subdivision 1. Provisions of constitution. The commissioner shall carry out the provisions of 

article 14, section 2, of the Constitution of the state of Minnesota. 

Subd. 2. Property acquisition; agreements and contracts. (a) The commissioner is authorized: 

(4) to contract on an equitable basis with railroad companies for the installation and reinstallation 

of safety devices at trunk highway-railroad grade crossings, and for the construction, 

reconstruction, and maintenance of bridges and approaches existing or necessary for the 

separation of grades at railroad and trunk highway intersections; and 

(5) in carrying out duties, to let all necessary contracts in the manner prescribed by law. 

(b) The commissioner may make agreements with and cooperate with any governmental 

authority for the purpose of effectuating the provisions of this chapter. 

Minn. Stat. Ann. § 161.20 (West 2021) Excerpt from applicable statute published. 

§ 219.071. Maintenance of grade-crossing surfaces 

Subdivision 1. Standards. It is the primary responsibility of the owner or lessee of railroad track 

to keep grade-crossing surfaces over public highways safe and passable for vehicular traffic in a 

manner consistent with appropriate federal track safety standards. The surfaces must extend the 

full width of the public highway within the railroad track structure. 

Subd. 2. Payment of costs. If a grade-crossing surface, as defined in section 219.16, needs 

improvement, repair, or maintenance, the cost for the improvement, repair, or maintenance may 

be paid jointly by the owner or lessee of the track, the road authority having jurisdiction over the 

public highway involved and funds available to the department for grade-crossing surfaces from 

the following sources: 

(1) money appropriated to the department in the future for the purposes of this section; 

(2) available federal funds allocated for the grade-crossing program established by this section; 

and 

(3) money acquired by the department by gift, grant, or contribution from any source for 

purposes of this section. 

Subd. 3. Cost allocation agreement. If the owner or lessee of the railroad track and the road 

authority having jurisdiction over the public highway involved agree upon the allocation of the 

cost of repair or maintenance of the grade-crossing surface, a copy of the agreement must be 

filed with the commissioner. If the parties to the negotiations contemplate using funds described 

in subdivision 2, either party shall notify the commissioner before the conclusion of negotiations 

and the department may participate in the negotiations and may be a party to the agreement and 

participate in the costs incurred subsequent to agreement. 
169 

Subd. 4. Commissioner determination. (a) If the owner or lessee of the railroad track and the 

road authority having jurisdiction over the public highway at the grade crossing cannot reach an 

agreement under subdivision 3 regarding repair or maintenance of a grade-crossing surface, 

either party may invoke the jurisdiction of the department by (1) filing with the commissioner a 

statement setting forth the status of negotiations and (2) requesting the commissioner to make a 

final determination of the dispute. 

(b) The commissioner, after notifying in writing the parties involved in the negotiations and 

providing an opportunity for the parties to participate in a conference, may order the repair or 

maintenance of the grade-crossing surface within a reasonable time as needed to comply with the 

standards set forth in subdivision 1. 

(c) The order of the commissioner, in addition to enforcing the responsibility of the owner or 

lessee of the railroad track in question, may provide for participation in the costs of the project 

(1) by the road authority, (2) from the funds available to the department in subdivision 2, or (3) 

through other formulas as may be practical and reasonable under the circumstances. 

(d) A party failing to comply with an order of the commissioner is subject to a penalty of $50 for 

each day of noncompliance, to be recovered for the state in a civil action instituted by the 

department. Each day of noncompliance constitutes a separate offense. 

Subd. 5. Appeal. A party subject to an order issued under subdivision 4 may appeal the order of 

the commissioner to the district court of the county in which the grade crossing is located. In 

case of appeal, the same proceedings must be conducted as are now provided by law for an 

appeal from orders of the commissioner. Orders of the commissioner must be enforced by the 

attorney general. 

Minn. Stat. Ann. § 219.071 (West 2021) 

§ 219.08. Crossings; changing grade of approaches 

When a railroad company changes or raises the grade of its tracks at a crossing, it shall also 

grade the approaches on each side so as to make the approach and crossing of the tracks safe for 

vehicles. 

Minn. Stat. Ann. § 219.08 (West 2021) 

§ 219.09. Multiple tracks across road; railroad duty 

When a railroad company has more than one track crossing a highway, it is unlawful to raise or 

maintain one track at a higher grade than the other tracks; and the company shall raise or lower 

such tracks to about the same level so as not to endanger the safe passage of teams and other 

vehicles over the tracks at those crossings. 

Minn. Stat. Ann. § 219.09 (West 2021) 

§ 219.10. Penalty for violation 

Subdivision 1. Noncompliance, penalty. A railroad company who refuses or neglects to comply 

with sections 219.08 and 219.09 within 30 days after being notified in writing to comply by a 

road authority is guilty of a violation of sections 219.08 and 219.09 and subject to a fine of $50 

for each day that the crossing is left unsafe. Each day of violation constitutes a separate offense. 

Subd. 2. Duty of county attorney. A county attorney may institute court proceedings to collect 

fines, costs and disbursements on the part of the road authority making the complaint, and $100 

attorney's fees for each prosecution. 
170 

Minn. Stat. Ann. § 219.10 (West 2021) 

§ 219.14. Railroad crossing protected 

Subdivision 1. Investigation. The commissioner of transportation on the commissioner's own 

motion may investigate and determine whether a railroad crossing over a street or public 

highway, that is or will be opened to public travel, is or will be dangerous to life or property. The 

commissioner may order the crossing protected in any manner the commissioner finds 

reasonable and proper, including requiring the company to separate the grades. 

Subd. 2. Hearing. The commissioner shall give the interested railroad company and road 

authority notice of the investigation as the commissioner deems reasonable, and an opportunity 

to be heard before an order is made. 

Minn. Stat. Ann. § 219.14 (West 2021) 

§ 219.39. Dangerous crossing; complaint, hearing 

Upon written complaint authorized by the governing body of a city or county, by the board of 

supervisors of a town, or by authorized officers of a subject railroad, alleging that a railroad 

crossing a street, road, or highway in the city, town, or county is dangerous to life and property, 

and giving the reasons for the allegations, the commissioner shall investigate the matters 

contained in the complaint and, when necessary, initiate a hearing. 

Minn. Stat. Ann. § 219.39 (West 2021) 

§ 219.40. Dangerous crossing determination procedures and remedies 

Subdivision 1. Commissioner determination. (a) If a complaint is made under section 219.39, the 

commissioner of transportation shall determine, after investigation by the commissioner or after 

hearing, whether the crossing is hazardous and may require the railroad company to (1) provide 

flaggers at the crossing, (2) adopt safety devices as the commissioner deems necessary to protect 

the crossing properly, (3) remove any structure, embankment, or other obstruction to the view, 

(4) close the crossing complained of or other crossing in the vicinity, or (5) construct an 

overhead or maintain an underground crossing and divide the cost between the railroad company, 

the town, county, municipal corporation, or state Transportation Department interested, on terms 

and conditions as may seem just and equitable. 

(b) The commissioner may require the complaining city, town, or county to remove an 

embankment, structure, or other obstruction to the view as may be reasonable and necessary to 

properly protect the crossing. 

Subd. 2. Hearing. If the complainant road authority or the railroad files exceptions to an order of 

the commissioner made under this section without a hearing, the commissioner shall convene a 

hearing on the original complaint. 

Subd. 3. Order; costs allocated. If the commissioner or its designee after notice and hearing 

orders (1) the installation of a safety device, (2) the construction, reconstruction, modernization, 

or replacement of major parts, as defined by rule of the commissioner, of the safety devices, 

gates, or other types of special protection, (3) the removal of a structure, embankment, or other 

obstruction to the view, or (4) the construction, reconstruction, or maintenance of an 

underground or overhead crossing on a public road, street, or highway, it may in the same order 

direct that the costs be divided between the railroad company and the public authority involved 

as the parties may agree, or, if they fail to agree, then as determined by the commissioner on the 
171 

basis of benefit to the users of each. However, the commissioner may defer determination of the 

division of costs to a subsequent order to be made on the basis of evidence previously taken. 

Subd. 4. Funds to pay costs. (a) If a state trunk highway is involved, the state's share of the costs 

must be paid from funds available to the Department of Transportation. 

(b) In all other cases the public's share of the costs must be paid from available funds or from the 

trunk highway fund, if ordered by the commissioner, or from any combination of these funds or 

other available funds; provided that a highway, street, or road fund must only be expended for 

the costs on a highway, street, or road within the political subdivision charged with its 

maintenance and care and only upon the highways, streets, or roads for which the fund was 

allocated or created. 

Minn. Stat. Ann. § 219.40 (West 2021) 

§ 219.403. Applicability to local laws 

Nothing in this section or section 161.20, 219.40, or 219.071 changes existing law relating to the 

rights and liabilities of a city, town, or county in connection with the construction or 

maintenance of a railroad crossing, grade separation, or signal system, or impairs the terms or 

conditions of an existing arrangement or agreement, or renewals of it, between a railroad 

company and a municipality for the maintenance of a railroad crossing, grade separation, or 

signal system. 

Minn. Stat. Ann. § 219.403 (West 2021) 

§ 219.445. Southern rail corridor improvement plan 

Subdivision 1. Corridor development. The commissioner of transportation shall develop a 

corridor improvement plan for grade crossings intersecting or crossing the railway right-of-way 

in the railway corridor that runs east to west across southern Minnesota within all of the counties 

of Winona, Olmsted, Dodge, Steele, Waseca, Blue Earth, Brown, Redwood, Lyon, and Lincoln. 

Subd. 2. Grade crossing recommendations. (a) The corridor improvement plan must include 

crossing-by-crossing assessments based on ten-year and 20-year projections of train and vehicle 

volumes that will identify minimum improvements necessary at crossings with moderate levels 

of exposure, consistent with rules adopted by the commissioner. The plan must include 

identification of all crossings that are candidates for grade separations where levels of exposure 

exceed 300,000, or crossings that meet the criteria identified in the rules adopted by the 

commissioner. For purposes of this section, “levels of exposure” means average daily vehicle 

traffic multiplied by the number of trains per day at a crossing. 

(b) In cities where the department has identified multiple grade separation candidates, the plan 

must include a strategy that identifies the appropriate mix of safety improvements at all crossings 

in the city and that considers optimal locations for grade separations, crossing consolidations, 

and other grade crossing safety improvements and traffic routing options. 

(c) The department shall consider crossings that are candidates for closure, consistent with rules 

adopted by the commissioner governing the vacating of a grade crossing. 

(d) When community plans have been developed by the affected railroad company and local 

governing bodies, the department shall review the community plans for compliance with the 

department's minimum criteria for necessary crossing improvements at all public crossings as 

identified in the commissioner's rules. The agreed-to community plans take precedence over the 

elements of the corridor improvement plan. 
172 

Subd. 3. Local government and railroad participation; federal review. (a) The commissioner shall 

provide an opportunity for an affected railroad company or local governing body to participate in 

developing the corridor improvement plan. The commissioner shall allow an affected local 

governing body the opportunity to review the corridor improvement plan before executing an 

agreement for grade crossing improvements in the corridor improvement plan between the 

department and the railroad company and before forwarding the plan to the federal Surface 

Transportation Board (STB). 

(b) Paragraph (a) does not preclude the department from providing comments or information 

related to the railway corridor improvement project to the STB or any other governing body 

related to construction activities or environmental impact statement preparation. 

Subd. 4. Final plan; hold harmless. (a) The final plan must be submitted to any affected area 

transportation partnership, local unit of government, and railroad company within the corridor 

area in order to provide future grade crossing safety improvement planning guidance. 

(b) Unless otherwise specifically agreed to as part of the plan, the development of a corridor 

improvement plan does not bind the state or any local government unit to a specific 

implementation timetable or to funding the cost of proposed recommended safety upgrades. 

Minn. Stat. Ann. § 219.445 (West 2021) 

*§ 219.1651. Grade crossing safety account 

A Minnesota grade crossing safety account is created in the special revenue fund, consisting of 

money credited to the account by law. Money in the account is appropriated to the commissioner 

of transportation for rail-highway grade crossing safety projects on public streets and highways, 

including engineering costs. At the discretion of the commissioner of transportation, money in 

the account at the end of each biennium may cancel to the trunk highway fund. 

Minn. Stat. Ann. § 219.1651 (West 2021) 

Mississippi (5) 

§ 21-37-9. Railway crossings 

The governing authorities of municipalities shall have the power and authority to regulate the 

crossings of railways, and to provide precautions and prescribe rules regulating the same. Said 

authorities shall have the power and authority to make any other and further provisions, rules and 

regulations to prevent accidents at crossings and on the tracks of railroads, and to prevent fires 

from engines. Said authorities shall have the power and authority to require railroad companies 

to erect viaducts over or gates across their tracks at the crossing of streets. 

Miss. Code. Ann. § 21-37-9 (West 2021) 

§ 57-43-15. Mississippi Highway-Railroad Grade Crossing Safety Account 

(1) There is established within the Railroad Revitalization Fund a new account to be entitled the 

Mississippi Highway-Railroad Grade Crossing Safety Account. The account shall be 

administered by the Mississippi Department of Transportation and shall consist of: 

(a) Such monies as are transferred to it on July 1, 2001, from the Mississippi Grade Crossing 

Closure Account; 

(b) Thirty-five percent (35%) of collections from the locomotive fuel tax imposed under Section 

27-59-307 for the previous year; and 
173 

(c) Monies transferred to it from the Railroad Revitalization Fund, pursuant to the provisions of 

Section 2 of Chapter 497, Laws of 2009. 

Unexpended amounts remaining in the account at the end of a fiscal year shall not lapse into the 

State General Fund; and any interest earned on amounts in the account shall be deposited to the 

credit of the account. 

(2) The Mississippi Transportation Commission, after consulting with the railroads operating in 

Mississippi, shall promulgate rules to ensure equitable allocation of the funds described in 

subsection (1) of this section to projects throughout the state, and shall consider the proportionate 

number of main line track miles of each railroad and the number of public roadway/railroad 

grade crossings on each railroad's main line. Expenditure of monies from the Mississippi 

Highway-Railroad Grade Crossing Safety Account shall be limited to the following purposes: 

(a) Financial aid for closure of public roadway/railroad grade crossings; 

(b) Realignment of construction costs of roadways being rerouted to facilitate a closure of a 

public roadway/railroad grade crossing; 

(c) Monies to match federal or other funds for a grade separation eliminating an at-grade 

crossing of a public roadway and railroad; 

(d) Installation, maintenance or upgrade of highway-railroad grade crossing signals, at the 

discretion of the Mississippi Transportation Commission, based upon the federal Railroad 

Administration ranking of all Mississippi highway-railroad grade crossings. Not less than ten 

percent (10%) of the monies necessary to defray the costs of such installations must be federal 

funds; 

(e) Separation of grades of highway/railroad crossings; 

(f) Improvement of any grade crossing including the necessary roadway approaches thereto of 

any railroad across a public road highway; 

(g) Construction, reconstruction, repair or replacement of the grade crossing surface structure; 

and 

(h) Installation of an automatic advance warning signal alerting a motorist that a grade crossing 

is ahead. 

(3) The Mississippi Department of Transportation shall consider all requests from the state's 

diagnostic review of public roadway/railroad grade crossings and from individual railroads for 

expenditure of funds for the purposes described in subsection (2) of this section, and shall 

establish uniform criteria and guidelines relating to such crossings and the expenditure of funds. 

Miss. Code. Ann. § 57-43-15 (West 2021)

§ 65-1-175. Jurisdiction and powers concerning railroad crossings 

(1) The jurisdiction of the Mississippi Department of Transportation shall be exclusive with 

respect to public roadway/railroad crossings either at grade or otherwise except to the extent that 

its jurisdiction is preempted by valid federal statute, regulation or order. 

(3) The Mississippi Department of Transportation shall have power, upon its own motion, or 

upon complaint, and after having made proper investigation and after notice and hearing, if 

requested, to require the installation of adequate and appropriate luminous reflective warning 

signs, luminous flashing signals, crossing gates illuminated at night, or other warning devices in 

order to promote the health and safety of the public. Luminous flashing signals or crossing gate 

devices heretofore installed at grade crossings and those installations hereafter approved by the 

department shall be deemed adequate and appropriate. The department shall have authority to 

determine the number, type and location of such signs, signals, gates or other protective devices 
174 

which shall conform as near as may be with generally recognized national standards, and the 

department shall have authority to prescribe the division of the cost of the installation and 

subsequent maintenance of such signs, signals, gates or other warning devices between the rail 

carrier or carriers, the public highway authority in interest and the Mississippi Department of 

Transportation. In no event shall any costs assessed against either the public highway authority 

in interest or the rail carrier exceed ten percent (10%) of the costs of the materials and 

installation. 

(4) Nothing in this section shall be construed as amending, repealing or modifying any duty or 

responsibility that railroads had, if any, immediately before July 1, 1992 with regard to any 

applicable state or federal laws, statutes, regulations or orders pertaining to the maintenance of 

signals, signs and warning devices at roadway/railroad crossings. 

Miss. Code. Ann. § 65-1-175 (West 2021) Excerpt from applicable statute published. 

§ 65-7-121. Abandonment of county roads by board of supervisors; considerations 

(1) The board of supervisors of any county may, upon its own motion or upon the petition of any 

interested resident of the county, by resolution spread upon its minutes, declare any section of 

the county road system abandoned upon its finding that one or more of the following 

circumstances are applicable to the section in question: 

(a) The section does not provide primary access to occupied properties; 

(b) Traffic on the section has for a period of at least ten (10) consecutive years been intermittent 

and of such low volume that no substantial public purpose is being served thereby; 

(c) The board of supervisors has, for a period of at least the previous five (5) consecutive years, 

not maintained such section as part of the county road system; or 

(d) For any reason, the public interest or convenience does not require the section to remain open 

to the public or that it is in the public interest or convenience to close, vacate and abandon the 

section. 

(2) Except as provided in subsection (3) of this section, before any section of the county road 

system may be abandoned as provided in this section, the board of supervisors shall hold a public 

hearing on the question of such abandonment and shall publish notice of such hearing at least 

two (2) times, not less than two (2) weeks prior to the date of the hearing, in a newspaper having 

general circulation in the county. 

(3) Repealed. 

(4) The resolution of the board of supervisors abandoning any section of the county road system 

will abrogate the easement theretofore owned, held, claimed or used by or on behalf of the 

general public but will not affect any private easements. 

(5) Upon the abandonment of any section of the county road system, the board of supervisors 

shall post clearly visible signs at any intersection of the abandoned roadway with the county road 

system indicating that the abandoned section is no longer part of the county road system and is 

not maintained by the county. Once the required signs are posted, the county shall not be liable 

for the death of or injury to a vehicle owner, operator or passenger, or for damage to a vehicle or 

its contents, resulting from a dangerous condition on the abandoned section. If there exists a 

public railroad grade crossing or railroad bridge on the section of county road so abandoned, the 

county shall furnish the railroad or individual owning such railroad trackage with a copy of the 

resolution authorizing the abandonment and thereupon, the railroad company or individual 

owning such trackage may barricade the crossing or remove the bridge. 
175 

(6) From and after July 1, 2000, any proceedings under this section shall be documented in the 

official record of the county road system in accordance with the requirements of Section 65-7-4. 

Miss. Code. Ann. § 65-7-121 (West 2021) 

§ 77-9-252. Grade crossings; installation and costs 

(1) Any developer, corporation, individual or other private entity requesting or applying for a 

new public railroad grade crossing shall be responsible for all costs for installing appropriate 

warning devices, for installing appropriate crossing surfaces and approaches, for establishing 

appropriate crossing profiles and for obtaining easements to maintain sight distance as deemed 

necessary for such crossing by a diagnostic survey team comprised of the Mississippi 

Department of Transportation Rails Engineer, a representative from the Federal Highway 

Administration, a representative of the affected railroad company and a representative of the 

affected local governmental jurisdiction. 

(2) When an existing private railroad grade crossing maintained for or by a private party is 

requested to become a publicly maintained railroad grade crossing, or when an existing private 

railroad grade crossing maintained for or by a private party is permitted by that party to be used 

as a public railroad grade crossing, the private party shall be responsible for all costs for 

installing warning devices, for replacing or modifying crossing surfaces and approaches as 

appropriate, for establishing appropriate crossing profiles and for obtaining easements to 

maintain sight distances as deemed necessary by the diagnostic survey team described in 

subsection (1) of this section for safety of the traveling public at such crossing before opening 

such crossing to the public. As used in this section, the term “private railroad grade crossing” 

means any privately maintained road or street not under the jurisdiction of a public entity that 

crosses a railroad, and which is permitted by a private railroad company or by other agreement, 

deed or law to cross its railroad tracks and right-of-way. 

(3) Any developer, corporation, individual or other private entity requesting or applying for a 

new public railroad grade crossing or for conversion of an existing private railroad grade 

crossing to a public railroad grade crossing, at the time of the request or application, shall notify 

the local roadway authority and the Mississippi Department of Transportation of such request or 

application. 

Miss. Code. Ann. § 77-9-252 (West 2021) 

Missouri (4) 

§ 229.380. Overseer's complaint as to grade crossings 

When any public road in this state shall run across two or more tracks of railroad within two 

hundred feet of each other, and any road overseer of the road district shall make complaint to the 

county commission that the difference in grade of such railroad tracks is such as to interfere with 

the passage of any vehicle on such road, then such county commission shall make an order to the 

county surveyor to examine such crossings and report his opinion as to any change necessary to 

be made in any grade, and if he shall be of the opinion that such crossings are such as to interfere 

with the travel on such road, he shall report the facts to the county commission at any regular or 

adjourned term thereof, first giving the railroad companies interested notice of the day when he 

will present such matter to the county commission. 

Mo. Ann. Stat. § 229.380 (West 2021) 
176 

§ 389.610. Railroad crossings construction and maintenance, highways and transportation

commission to have exclusive power to regulate and provide standards -- apportionment of 

cost 

1. No public road, highway or street shall be constructed across the track of any railroad 

corporation, nor shall the track of any railroad corporation be constructed across a public road, 

highway or street, nor shall the track of any railroad corporation be constructed across the track 

of any other railroad or street railroad corporation at grade nor shall the track of a street railroad 

corporation be constructed across the tracks of a railroad corporation at grade, without having 

first secured the permission of the state highways and transportation commission, except that this 

subsection shall not apply to the replacement of lawfully existing tracks. The commission shall 

have the right to refuse its permission or to grant it upon such terms and conditions as it may 

prescribe. 

2. Every railroad corporation shall construct and maintain good and sufficient crossings and 

crosswalks where its railroad crosses public roads, highways, streets or sidewalks now or 

hereafter to be opened. 

3. The state highways and transportation commission shall make and enforce reasonable rules 

and regulations pertaining to the construction and maintenance of all public grade crossings. 

These rules and regulations shall establish minimum standards for: 

(1) The materials to be used in the crossing surface; 

(2) The length and width of the crossing; 

(3) The approach grades; 

(4) The party or parties responsible for maintenance of the approaches and the crossing surfaces. 

4. The state highways and transportation commission shall have the exclusive power to 

determine and prescribe the manner, including the particular point of crossing, and the terms of 

installation, operation, maintenance, apportionment of expenses, use and warning devices of 

each crossing of a public road, street or highway by a railroad or street railroad, and of one 

railroad or street railroad by another railroad or street railroad. In order to facilitate such 

determinations, the state highways and transportation commission may adopt pertinent 

provisions of The Manual on Uniform Traffic Control Devices for Streets and Highways or other 

national standards. 

5. The state highways and transportation commission shall have the exclusive power to alter or 

abolish any crossing, at grade or otherwise, of a railroad or street railroad by a public road, 

highway or street whenever the state highways and transportation commission finds that public 

necessity will not be adversely affected and public safety will be promoted by so altering or 

abolishing such crossing, and to require, where, in its judgment it would be practicable, a 

separation of grades at any crossing heretofore or hereafter established, and to prescribe the 

terms upon which such separation shall be made. When a road authority lawfully closes or 

vacates a roadway which provided access to a railroad crossing, the state highways and 

transportation commission shall issue an order authorizing removal of the crossing by the 

railroad within thirty days of being notified of such action by the roadway authority or railroad. 

6. The state highways and transportation commission shall have the exclusive power to prescribe 

the proportion in which the expense of the construction, installation, alteration or abolition of 

such crossings, the separation of grades, and the continued maintenance thereof, shall be divided 

between the railroad, street railroad, and the state, county, municipality or other public authority 

in interest. 
177 

7. Any agreement entered into after October 13, 1963, between a railroad or street railroad and 

the state, county, municipality or other public authority in interest, as to the apportionment of any 

cost mentioned in this section shall be final and binding upon the filing with the state highways 

and transportation commission of an executed copy of such agreement. If such parties are unable 

to agree upon the apportionment of the cost, the state highways and transportation commission 

shall apportion the cost among the parties according to the benefits accruing to each. In 

determining such benefits, the state highways and transportation commission shall consider all 

relevant factors including volume, speed and type of vehicular traffic, volume, speed and type of 

train traffic, and advantages to the public and to such railroad or street railroad resulting from the 

elimination of delays and the reduction of hazard at the crossing. 

9. The exclusive power of the state highways and transportation commission pursuant to this 

section shall be subject to review, determination, and prescription by the administrative hearing 

commission, upon application to the administrative hearing commission by any interested party 

in accordance with section 621.040. Upon filing of an application pursuant to this subsection, the 

administrative hearing commission is vested with the exclusive power of the state highways and 

transportation commission otherwise provided in this section, with reference to matters 

reviewed, determined or prescribed by the administrative hearing commission. 

Mo. Rev. Stat. § 389.610 (West 2021) Excerpt from applicable statute published. 

§ 389.612. Grade crossing safety account created--fee charged, amount--who must pay--

purpose and use of fund--transfer to state road fund, when 

1. The owner of a motor vehicle shall pay a railroad crossing safety fee of twenty-five cents 

when such person registers or renews the registration of a motor vehicle. All revenue collected 

by the director of revenue pursuant to this section shall be deposited in the state treasury to the 

credit of the state highways and transportation department fund in an account to be known as the 

“Grade Crossing Safety Account”, which is hereby created.

2. Funds from the grade crossing safety account shall be used for installation, construction or 

reconstruction of automatic signals or other safety devices or other safety improvements at 

crossings of railroads and public roads, streets or highways. That portion of the costs 

proportioned to the state, county, municipality or other public authority in interest, for 

installation, construction or reconstruction of automatic signals or other safety devices or other 

safety improvements at crossings of railroads and public roads, streets or highways which the 

division of motor carrier and railroad safety orders pursuant to section 389.610 shall be paid out 

of the grade crossing safety account, except that when any part of such costs can be paid from 

funds available under any federal program or the Federal-Aid Highway Act such part shall not be 

paid from the grade crossing safety account. No more than ninety percent of the cost of 

improving any grade crossing shall be paid out of the grade crossing safety account. The division 

shall, in cooperation with other governmental agencies of the state, determine if any portion of 

the cost can be paid from funds available pursuant to any federal program or the Federal-Aid 

Highway Act. The division may order the payment of the amount determined pursuant to section 

389.610 to the person, firm, or corporation entitled thereto from the grade crossing safety 

account. Notwithstanding any other provision of this section to the contrary, the division of 

motor carrier and railroad safety within the department of economic development may expend 

annually out of the grade crossing safety account an amount not greater than one hundred 

thousand dollars of the total annual receipts deposited in the state treasury to the credit of such 

account to pay for administrative expenses of the division incurred in carrying out the division's 
178 

railroad grade crossing closure program. The provisions of this section shall not limit or enlarge 

the division's expenditures out of the grade crossing safety account for any other purposes or the 

division's expenditures out of any other account or fund. 

3. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the grade crossing 

safety account shall not be transferred and placed to the credit of the state road fund until the 

amount in the account at the end of the biennium exceeds two times the amount encumbered 

from the account to carry out the purposes of this section in the preceding fiscal year. The 

amount, if any, in the account which shall be transferred to the credit of the state road fund shall 

be that amount in the account which exceeds two times the amount encumbered from the account 

to carry out the purposes of this section in the preceding fiscal year. 

Mo. Ann. Stat. § 389.612 (West 2021) 

§ 389.645. Crossing in city, town or village, division may regulate, when 

The division, upon application or complaint by a city, town or village, or upon its own motion, 

may regulate the crossing within a municipality of a highway, street or roadway with railroad 

tracks, require precautions, regulate the running, handling and operation of railway engines and 

cars, govern the speed of railway engines, cars and trains, and make and enforce orders and 

restrictions to promote public safety and convenience at such crossings and on such railroad 

tracks. 

Mo. Ann. Stat. § 389.645 (West 2021) 

Montana (8) 

*§ 15-70-102. Allocation of funds--participation in railroad grade crossing protection 

(1) The amount determined necessary may be allocated from the highway restricted account 

provided for in 15-70-126 for each fiscal year for expenditures and commitments made for 

participation by the department of transportation with railroads in construction of railroad grade 

crossing protection on any public highway or road, except those designated on the national, 

primary, or urban highway systems, as defined in 60-1-103, within the state. The department of 

transportation shall select those grade crossings in the state that, in the opinion of the department, 

are most in need of additional crossing protection and shall finance the cost of the improvements 

solely from this allocation. 

(2) Signal protection provided under this section is limited to electric or automatic flashing lights 

or gates, depending on the amount and nature of the hazards present at the crossing, and 

participation in construction of the signals must be on the same basis and under the same 

standards as are applicable and used in connection with protection of grade crossings on 

commission-designated highway systems, as defined in 60-1-103, within the state. The highway 

restricted account may not be used for protection of grade crossings on the secondary system 

where the protection is considered necessary and when the cost is financed in part with federalaid highway funds. 

(3) In addition to the funds allocated, counties and cities may authorize the use of funds available 

to counties and cities under the provisions of 15-70-101 for participation in the installation in 

grade crossing protection within the county or city. 

Mont. Code Ann. § 15-70-102 (West 2021) 
179 

*§ 60-2-121. Authority of commission to prioritize expenditures on railroad crossings--

public hearing 

(1) The commission shall adopt rules to prioritize the expenditure of funds on railroad crossings. 

(2) If requested by the board of county commissioners of any county, the commission shall 

conduct a public hearing in the affected county on the priority assigned any railroad crossing, 

and based on the evidence presented at the public hearing, the commission may revise the 

priority of the railroad crossing. 

Mont. Code Ann. § 60-2-121 (West 2021) 

§ 69-14-602. Construction and maintenance of railroad crossings outside of incorporated 

cities and towns 

At all places in the state, outside of incorporated cities and towns where a lawfully established 

public highway crosses any railroad, it shall be the duty of the railroad company owning or 

operating such railroad to construct and thereafter maintain in proper condition a good and safe 

crossing. 

Mont. Code Ann. § 69-14-602 (West 2021) 

*§ 69-14-603. Railroad crossings in unincorporated towns or villages 

In any unincorporated community ordinarily known as a village or town where the public 

necessity and convenience require a railroad crossing at the intersection of the railroad with any 

street or highway, whether lawfully established or otherwise, which is commonly used by the 

public, the board of county commissioners of the county may order the construction and 

maintenance of such railroad crossing. Upon such order becoming final and effective, it shall be 

the duty of the railroad company to construct and maintain in proper condition a good and safe 

crossing. The board of county commissioners may order more than one railroad crossing in such 

unincorporated community, as provided in this section, when the public necessity and 

convenience require more than one such crossing to afford reasonable facilities for public travel. 

Mont. Code Ann. § 69-14-603 (West 2021)

§ 69-14-604. Procedure to order construction of crossing 

If a board of county commissioners orders the construction of a railroad crossing, the board shall 

enter an order upon its minutes, specifying the place of the crossing. A copy of the order must be 

served upon the railroad company, and a copy must be immediately mailed to the public service 

commission. 

Mont. Code Ann. § 69-14-604 (West 2021) 

§ 69-14-605. Time for completion of crossing 

It shall be the duty of a railroad company to construct a crossing ordered by the board of county 

commissioners of any county within 60 days after service of such order; provided, however, that 

in case any crossing shall be ordered requiring any extended period of construction, such 

additional time as is reasonably necessary to complete the same shall be allowed by the 

commission upon the proper application for such extension. 

Mont. Code Ann. § 69-14-605 (West 2021) 

§ 69-14-607. Overhead or underground crossings 
180 

(1) No railroad crossing, other than a grade crossing, shall be ordered by any board of county 

commissioners. 

(2)(a) The public service commission may, however, upon petition or request in writing of any 

board of county commissioners, order an overhead or underground crossing at any place where a 

railroad crossing has not been constructed and is required by the provisions of 69-14-601 through 

69-14-611; provided, in its judgment, the safety, necessity, and convenience of the traveling 

public require such crossing. 

(b) When any such petition or request is presented, the commission shall fix a date for hearing 

the same and shall give at least 10 days' written notice to the board of county commissioners and 

the owner or operator of the railroad to be affected by such order of the time fixed for the 

hearing. At such hearing, the commission shall hear all testimony offered as to the safety, 

necessity, and convenience of the traveling public requiring such a crossing and the expense of 

constructing and maintaining the same and shall make such investigation and inspection of the 

conditions at the place of crossing as may be deemed necessary or advisable and shall thereupon 

determine whether such order should be made. 

(3) In the event an overhead or underground crossing is ordered, the commission may in its 

discretion require the same to be constructed and maintained by and at the expense of the 

railroad company or may apportion the expense between the railroad company and the county in 

which said crossing is located. The part of the expense apportioned to said county, if any, shall 

be paid to the railroad company from the funds of said county properly applicable to the payment 

of such expense. 

Mont. Code Ann. § 69-14-607 (West 2021) 

§ 69-14-611. Penalty for failure to comply with crossing order 

Any railroad company failing to construct any crossing after the order or decision requiring the 

construction of same has become final, within the time herein provided or within any extension 

of time granted by the commission, shall for each day's failure pay to the state a fine of not less 

than $10 or more than $100, to be recovered in a civil action in the name of the state, and it shall 

be the duty of the county attorney of the county within which is located the site of the proposed 

crossing to prosecute such action. 

Mont. Code Ann. § 69-14-611 (West 2021) 

Nebraska (17) 

*§ 15-261. Railroads; railroad crossings; buses; safety regulations; installation of safety 

devices 

A city of the primary class may regulate railroad crossings, provide precautions, and prescribe 

rules for running railway engines or cars, and their speed, for prevention of accidents at crossings 

or on tracks or by fires from railway engines. A city of the primary class may regulate the 

running of buses and require heating and cleaning thereof. A city of the primary class may 

require reasonable lighting of railway crossings in such manner as the city council may 

prescribe. If the owner or operator fails to comply, the city may cause such requirement to be 

complied with and assess the expense of such requirements against such railway company to be 

collected as other taxes and to be a lien on the real estate belonging to such company, or may 

enforce compliance by action of mandamus. The city may enforce such regulations as are 

otherwise provided by law and may require railways to keep flagpersons at all railway street 

crossings where necessary to protect the public against injury to person or property, and require 
181 

the installation, maintenance, and proper operation of gates, flashing signals, or other warning 

devices to ensure such safety. A city of the primary class may compel railways to conform tracks 

to grades at any time established, to keep tracks level with the street surface, and may compel 

railways to keep streets open, construct and keep in repair ditches, drains, sewers, and culverts 

along or under their right-of-way or tracks, and lay and maintain paving upon their whole rightof-way on paved streets. 

Neb. Rev. Stat. Ann. § 15-261 (West 2021) 

*§ 17-143. Railroads; location, grade, and crossing; regulation 

A city of the second class shall have the power to provide for and change the location, grade, and 

crossing of any railroad. 

Neb. Rev. Stat. Ann. § 17-143 (West 2021) 

*§ 74-1311. Department; determine railroad crossing safety measures needed 

The department shall have authority to determine that (1) a railroad crossing shall be eliminated, 

(2) automatic railroad grade crossing protection devices shall be installed, modified, or 

improved, (3) an overpass or underpass is needed at a railroad crossing, or (4) other measures are 

necessary to improve public safety at railroad crossings. 

Neb. Rev. Stat. Ann. § 74-1311 (West 2021) 

§ 74-1312. Department; establish priority list for railroad crossing safety improvement 

The department shall establish and update, as needed, a priority list for improving the safety of 

railroad crossings in Nebraska. The list shall identify all crossings in need of safety 

improvements and the relative order of need. 

Neb. Rev. Stat. Ann. § 74-1312 (West 2021) 

*§ 74-1314. Political subdivision; determine need for railroad crossing safety measure; 

notice to railroad; priority 

When any political subdivision of this state determines that public safety will be improved by 

eliminating a crossing, by the installation, substantial modification, or improvement of automatic 

railroad grade crossing protection, or by construction of an overpass or underpass where a street, 

road, or highway intersects with a line of the railroad company within its jurisdiction, and 

demand is made upon the railroad company concerned, the political subdivision shall inform the 

department of such fact. 

Upon receiving such notice, or upon its own determination, the department shall forthwith 

examine the crossing concerned, in conjunction with representatives of the political subdivision, 

to determine whether the position of such crossing on the priority list established under section 

74-1312 should be adjusted. 

Neb. Rev. Stat. Ann. § 74-1314 (West 2021) 

§ 74-1315. Department; utilize federal funds; matching funds; how paid 

The department shall utilize any federal funds available in the construction of railroad grade 

crossing protection devices or other safety improvements. If funds are needed to match any 

federal funds the political subdivision in which the crossing is located shall contribute half of the 
182 

matching funds needed but shall not be required to provide more than five percent of the total 

cost. If it is determined by the department that a railroad crossing safety project involving federal 

funds will result in ascertainable benefits to the railroad such railroad may be required to provide 

up to five percent of the total cost of the project. The balance of any matching funds needed shall 

be paid by the department from the Grade Crossing Protection Fund. 

Neb. Rev. Stat. Ann. § 74-1315 (West 2021) 

§ 74-1317. Grade Crossing Protection Fund; created; purpose; investment 

In order to promote public safety at the intersection of railroad lines and all classes of highways, 

there is hereby created a special fund known as the Grade Crossing Protection Fund which shall 

be established in the state treasury to be used in furnishing financial assistance in the 

improvement of the safety of railroad grade crossings in this state, including the elimination of 

such crossings, the construction, substantial modification, or improvement of and the 

maintenance of automatic crossing protection at such grade crossings, and the construction and 

maintenance of overpasses and underpasses at railroad crossings. Any money in the fund 

available for investment shall be invested by the state investment officer pursuant to the 

Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. 

Neb. Rev. Stat. Ann. § 74-1317 (West 2021) 

*§ 74-1318. Grade Crossing Protection Fund; department; administer; procedure; division 

of cost; responsibility for protection devices; powers and duties 

The department is hereby empowered to administer the funds deposited in the Grade Crossing 

Protection Fund as follows: 

(2) Except as otherwise provided in section 74-1315, in order to facilitate and protect the interest 

of the public as a whole and to compensate for the statewide use of such crossings by the public, 

the department shall pay ninety-five percent of the cost of overpasses, underpasses, and 

automatic railroad grade crossing protection measures or devices from the fund for all such 

projects in which an agreement among the department, the railroad, and the political subdivision 

is executed on or after May 24, 1979, and the balance of the cost shall be borne by the political 

subdivision, except that in any county in which a railroad transportation safety district has been 

formed, such balance shall be borne entirely by the political subdivision. For all such projects in 

which an agreement among the department, the railroad, and the political subdivision was 

executed prior to May 24, 1979, the costs shall continue to be borne in the same manner as they 

were prior to such date; 

(3) It shall be the sole responsibility of the railroad company involved to maintain all automatic 

railroad grade crossing protection devices existing in this state; 

(4) The department shall allocate the amount to be borne by the fund for the cost of construction, 

installation, or substantial modification or improvement of the automatic devices for the 

protection of the railroad grade crossing concerned under this section and section 74-1317; and 

(5) The department shall enter into and enforce agreements involving the fund and the 

supervision of the construction, installation, substantial modification or improvement, and 

maintenance of such overpasses, underpasses, and automatic safety devices for which any part of 

the cost is borne from the fund and the auditing and collection of the bills covering the cost 

thereof. The department is further authorized to enter into such contracts with any railroad 

companies and political subdivisions affected which are necessary to carry out this section and 

section 74-1317. 
183 

Neb. Rev. Stat. Ann. § 74-1318 (West 2021) Excerpt from applicable statute published. 

§ 74-1329. Act, how cited 

Sections 74-1329 to 74-1343 shall be known and may be cited as the Nebraska Highway-Rail 

Grade Crossing Safety and Consolidation Act. 

Neb. Rev. Stat. Ann. § 74-1329 (West 2021) 

*§ 74-1332. Crossings; jurisdiction of department 

The Department of Transportation shall have jurisdiction over all crossings outside of 

incorporated villages, towns, and cities, both public and private, across, over, or under all 

railroads in the state, except as provided in sections 74-1338 to 74-1340, and shall adopt and 

promulgate such rules and regulations for the construction, repair, and maintenance of the 

crossings as the department deems adequate and sufficient for the protection and necessity of the 

public. 

Neb. Rev. Stat. Ann. § 74-1332 (West 2021) 

*§ 74-1333. Crossings; public; maintenance 

The owner of any railroad tracks which are crossed by a public road shall make and keep in good 

repair good and sufficient crossings for such road over its tracks, including all the grading, 

bridges, ditches, and culverts that may be necessary within its right-of-way. Such crossings shall 

be not less than twenty feet wide and shall be solidly constructed with no openings or filled 

spaces except such as are necessary for the track. The railroad crossings shall be made of durable 

material equal to the height of the railroad track. The Department of Transportation may, upon 

proper investigation and hearing, impose additional reasonable requirements as the 

circumstances may warrant. 

Neb. Rev. Stat. Ann. § 74-1333 (West 2021) 

*§ 74-1336. Crossings; complaints; hearing; order; rules and regulations 

(1) Whenever a complaint is filed in writing with the Department of Transportation by the duly 

authorized officers of any incorporated village or city or by the owner or operator of any railroad 

track, relative to any crossing within the affected village or city, praying for relief from the 

matters complained of, the department shall hold a hearing and shall make such order as the facts 

warrant. The findings of the department, subject to the right of appeal, shall be binding on the 

parties to the suit. 

(2) The department shall adopt and promulgate rules and regulations for the construction, repair, 

and maintenance of all crossings, both public and private, across, over, and under all railroads 

within the corporate limits of any incorporated village or city. The rules and regulations shall be 

substantially the same as the rules and regulations under section 74-1332. 

Neb. Rev. Stat. Ann. § 74-1336 (West 2021) 

§ 74-1337. Crossings; public; county board; agreement 

Whenever railroad tracks cross a public highway at grade, outside of incorporated cities and 

villages, the owner of the railroad tracks and the county board of the county in which such 

crossing is located may agree upon any change, alteration, or construction of any crossing as will 

promote the public convenience or safety, and they may also agree upon the relocation of any 
184 

highway so as to eliminate such crossings entirely or so as to carry them over or under such 

railroad and upon the apportionment of the expenses incident to any such change, alteration, 

relocation, or construction between the owner of the railroad tracks and the county or other 

public authority in interest. 

Neb. Rev. Stat. Ann. § 74-1337 (West 2021) 

*§ 74-1338. Crossings; public; failure of county board and railroad to agree; power of 

department 

If the owner of the railroad track and the county board or other public authority in interest fail to 

agree upon any of the matters or things mentioned in section 74-1337, either the owner or the 

county board or other public authority in interest, in the name of the county or other public 

authority in interest, may file an application with the Department of Transportation, setting forth 

such fact together with a statement of the change, alteration, relocation, or construction it wants, 

the estimated cost thereof, and such other facts as may be relevant and asking the department to 

enter an order directing that the change, alteration, relocation, or construction be made. The 

department shall proceed to hear the application in the manner provided by law, and if it finds 

that the application should be granted, it shall enter an order accordingly, designating in the order 

what portion of the expense of complying with the order shall be paid by the railroad carrier and 

what portion shall be paid by the county or other public authority in interest, if any. 

Neb. Rev. Stat. Ann. § 74-1338 (West 2021) 

*§ 74-1341. Grade crossing safety; responsibility 

The Department of Transportation, which possesses the requisite engineering expertise, highway 

and rail planning function, and highway safety mission and is the repository for state and federal 

funding for both rail and highway projects, shall be the agency responsible for grade crossing 

safety. 

Neb. Rev. Stat. Ann. § 74-1341 (West 2021) 

*§ 74-1342. Comprehensive public safety program; department; duties 

(1) The Department of Transportation shall adopt and promulgate rules and regulations 

establishing a comprehensive public safety program to deal with problems associated with public 

and private highway-rail grade crossings. In designing such a program, the department shall 

establish a process for assessing the risk to the public from particular grade crossings and for 

reducing or eliminating such risk in a cost-effective and timely manner. The department shall 

actively solicit input from the public and from representatives of county and municipal 

governments, the Federal Highway Administration, the Federal Railroad Administration, and any 

other individuals or entities with an interest in grade crossing safety. 

(2) The grade crossing safety assessment process may include the following factors: 

(a) Volume of trains; 

(b) Volume of motor vehicles, including character, function, and type of vehicular traffic through 

the crossing; 

(c) Number of tracks at the crossing; 

(d) Geometry of the crossing, including acute angles; 

(e) Sight-distance restrictions, if any; 

(f) Train and motor vehicle speed; 
185 

(g) Accident history; 

(h) Character of proximate road network, including distance and travel time to adjacent 

crossings; 

(i) Frequency and duration of roadway blockage by trains, including citation history; 

(j) Emergency response routes, including alternatives; 

(k) Economic impact of crossing; 

(l) Current and foreseeable development in the vicinity of the crossing; and 

(m) Location of schools and hospitals. 

Neb. Rev. Stat. Ann. § 74-1342 (West 2021) 

*§ 74-1343. Assessment process; recommendations; department; duties 

The Department of Transportation shall establish the grade crossing safety assessment process no 

later than twelve months after September 13, 1997, and shall recommend to the Legislature no 

later than eighteen months after September 13, 1997, an equitable formula for funding grade 

crossing risk abatement. 

Neb. Rev. Stat. Ann. § 74-1343 (West 2021) 

Nevada (2) 

*§ 704.300. Railroad crossings: Powers of Commission; payment of expenses 

1. After an investigation initiated either upon the Commission's own motion or as the result of 

the filing of a formal application or complaint by the Department of Transportation, the board of 

county commissioners of any county, the town board or council of any town or municipality, or 

any railroad company, the Commission may order for the safety of the traveling public: 

(a) The elimination, alteration, addition or change of a highway crossing or crossings over any 

railroad at grade, or above or below grade, including its approaches and surface. 

(b) Changes in the method of crossing at grade, or above or below grade. 

(c) The closing of a crossing and the substitution of another therefor. 

(d) The removal of obstructions to the public view in approaching any crossing. 

(e) Such other details of use, construction and operation as may be necessary to make gradecrossing elimination, changes and betterments for the protection of the public and the prevention 

of accidents and motor vehicle crashes effective. 

3. If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 

1, all costs incurred by reason of the hearing, including, but not limited to, publication of notices, 

reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the 

governmental unit or units affected and 50 percent to the railroad or railroads. 

Nev. Rev. Stat. Ann. § 704.300 (West 2021) Excerpt from applicable statute published. 

§ 704.305. Railroad crossings: Apportionment of costs of construction, reconstruction and

protective devices; maintenance of surface 

1. The entire cost of a new grade crossing or a new grade separation, including any automatic 

protection devices that may be required, where no existing grade crossing located at or in the 

immediate vicinity of the new grade crossing or grade separation structure is eliminated, shall be 

apportioned to and borne by the governmental unit or units affected if a governmental unit 

initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad. 
186 

3. Where automatic protection devices are added or materially altered, changed or improved at 

an existing grade crossing, 87 percent of the cost of such added, altered, changed or improved 

automatic protection devices shall be apportioned to and borne by the governmental unit or units 

affected and 13 percent of the cost shall be apportioned to and borne by the railroad or railroads. 

4. The cost of maintaining any new, added or materially altered, changed or improved grade 

crossing automatic protection devices and appurtenances shall be apportioned 50 percent to the 

governmental unit or units affected and 50 percent to the railroad or railroads. 

5. The maintenance of a new or reconstructed grade separation structure shall be performed by 

the governmental unit or units affected, and the cost thereof shall be apportioned to and be borne 

by the governmental unit or units affected, except that the maintenance of waterproofing, ballast, 

ties, tracks and other railroad equipment shall be performed by the railroad or railroads, and the 

cost of such maintenance shall be apportioned to and borne by the railroad or railroads. 

6. The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet 

on the outer side of each outermost rail, and such maintenance shall include, but is not limited to, 

the railroad roadbed, rails and all appurtenant facilities. 

7. On projects where federal funds are used, apportionment and division of costs shall be in 

accordance with federal law and the rules, regulations and orders of the federal agency 

administering such law to the extent that such law, rule or regulations and orders require a 

different apportionment of costs than is set forth in this section. The provisions of this section 

may not otherwise be invoked on projects to the extent that such federal law, rules, regulations 

and orders are applicable. 

8. The provisions of this section impose no limitation upon the right of governmental units or 

railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by 

such agreement, the Commission shall order that costs be apportioned and borne in the manner 

provided by such agreement. 

Nev. Rev. Stat. Ann. § 704.305 (West 2021) Excerpt from applicable statute published. 

New Hampshire (7) 

§ 373:1 Facilities. 

It shall be the duty of every railroad to provide suitable crossings, stations and other facilities for 

the accommodation of the public, and suitable gates, crossings, cattle passes and other facilities 

for the accommodation of persons whose lands are divided, or are separated from a highway, by 

a railroad. 

N.H. Rev. Stat. Ann. § 373:1 (West 2021) 

§ 373:1-a State-Owned Rail Lines. 

I. In instances where the state has acquired rail properties, the state shall have the same duty as 

under RSA 373:1 to provide suitable crossings and other facilities for the accommodation of the 

public and to provide suitable gates, crossings and other facilities for the accommodation of 

persons whose lands are divided, or are separated from a highway, by the state-owned railway. 

II. Any party or landowner seeking crossing or other facilities pursuant to paragraph I shall make 

application for such crossing or other facility to the department of transportation. 

III. The commissioner shall adopt rules, under RSA 541-A, establishing procedures and criteria 

for review of such applications and issuance of agreements for crossings and other facilities on 

state-owned rail property, including establishment of reasonable application and annual renewal 

fees. 
187 

IV. Such agreements shall include provision for apportionment of costs for construction and 

protection including insurance requirements and installation of appropriate safety devices. 

V. The state shall provide such warning signs as are required for governmental authorities 

maintaining public crossings over state-owned railroad lines pursuant to RSA 373:11. 

N.H. Rev. Stat. Ann. § 373:1-a (West 2021) 

§ 373:2 Reconstruction. 

Upon petition of a railroad, the selectmen of a town, or the mayor and council of a city, the 

department of transportation, after notice and hearing, may require a railroad (a) to separate the 

grades where a highway and railroad cross at grade or where a railroad crosses another railroad 

at grade, (b) to change the location of a highway or a railroad in order to avoid or improve a 

grade crossing or (c) to reconstruct or otherwise alter or improve any existing bridge or 

underpass and the approaches thereto in instances where separation of grades has been effected, 

or (d) to improve the approaches to any grade crossing so as to make them as nearly level as 

practicable where any such action is found necessary in the interest of safety to the railroad or 

the public. At any such hearing, the director of the division of motor vehicles shall sit and confer 

with the department of transportation in an advisory capacity in the determination of the 

necessity for such reconstruction and the apportionment of the cost of the same. 

N.H. Rev. Stat. Ann. § 373:2 (West 2021) 

§ 373:3 Apportionment of Costs. 

Any order issued under RSA 373:2 shall provide for the apportionment of the cost (1) between 

the railroads in interest if the crossing eliminated or improved is a railroad crossing or (2) 

between the railroad and the state if such crossing is located at the intersection of a railroad and a 

state highway, trunk line or state-aided highway, or (3) between the railroad and the municipality 

if such crossing is located at the intersection of a railroad and a highway other than those above 

specified. In making such apportionment, the department of transportation shall give due 

consideration to whether the railroad or the highway was first constructed, to the nature and 

volume of highway traffic, to the number of trains operated by the railroad at the crossing, and 

all other relevant facts and circumstances. After such reconstruction, the abutments and 

superstructure of the bridge or underpass shall be maintained by the railroad; but the department 

of transportation may direct that the wearing surface of a highway at the crossing be maintained 

by the state or by the town or city whenever it finds that justice so requires. 

N.H. Rev. Stat. Ann. § 373:3 (West 2021) 

*§ 373:4 Consent of Department of Transportation. 

No railroad hereafter constructed shall cross another railroad, a highway or other way, at grade, 

unless the consent in writing of the department of transportation is first obtained. 

N.H. Rev. Stat. Ann. § 373:4 (West 2021) 

§ 373:5 Neglect to Obtain. 

If a railroad shall neglect to comply with the requirements of RSA 373:4, the department of 

transportation may subsequently approve the crossing made by the railroad, or may order it to 

make such changes therein as the public good requires. If the railroad shall fail to comply with 

such order, it shall be guilty of a felony. 
188 

N.H. Rev. Stat. Ann. § 373:5 (West 2021) 

§ 373:6 New Highways. 

No highway shall be laid out or constructed across a railroad at grade without the like consent of 

the department of transportation. 

N.H. Rev. Stat. Ann. § 373:6 (West 2021) 

New Jersey (10) 

*§ 27:1A-62. Transfer of functions, powers and duties of board of public utility 

commissioners with respect to railroad grade crossings and bridges to commissioner and 

department of transportation 

The functions, powers and duties of the Board of Public Utility Commissioners with respect to 

elimination and regulation of railroad grade crossings and protective devices in connection 

therewith and the regulation of bridges or passages over or under any railroad or right-of-way 

pursuant to R.S. 48:2-28, R.S. 48:2-29, and articles 10, 11 and 12 of chapter 12 of Title 48 of the 

Revised Statutes are transferred to and shall be exercised and performed by the Commissioner 

and Department of Transportation. 

N.J. Stat. Ann. § 27:1A-62 (West 2021) 

§ 27:8-6. Commissioner authorized to accept federal funds; expenditure 

The commissioner may accept any funds allocated or granted to this state for expenditure by the 

department under the provisions of the national industrial recovery act or the emergency relief 

appropriation act of 1935 for the cost of highway or bridge construction, including the 

elimination of hazards to highway traffic, such as the separation of grades at railroad crossings, 

the reconstruction of existing railroad grade crossing structures, the relocation of highways to 

eliminate railroad crossings, the widening of narrow bridges and roadways, the building of foot 

paths, the replacement of unsafe bridges, the construction of routes to avoid congested areas, the 

construction of facilities to improve accessibility and the free flow of traffic, and the cost of any 

other construction that will provide safer traffic facilities or definitely eliminate existing hazards 

to pedestrian or vehicular traffic whether such highways, bridges or hazards are part of the state 

highway system or otherwise, and expend the same in the manner required by the provisions of 

the national industrial recovery act or the federal emergency relief appropriation act of 1935, and 

do all work and make all contracts and agreements required for such purposes. 

N.J. Stat. Ann. § 27:8-6 (West 2021) 

§ 48:2-28. New grade crossings; approval of board 

No highway shall be constructed across the tracks of any railroad company at grade, nor shall 

any track over which locomotives, railroad or street railway cars are to pass be laid across any 

highway, so as to make a new crossing at grade, nor shall the tracks of any railroad, street 

railway or traction company be laid across the tracks of any other such company without first 

obtaining permission from the board. 

This section shall not apply to the replacement of lawfully existing tracks. 

N.J. Stat. Ann. § 48:2-28 (West 2021) 
189 

§ 48:12-49.1. Construction of bridges or passages; installation of protective devices; 

division of expenses; contracts to improve railroad grade crossings 

The railroad company or companies involved shall pay 15% and the Department of 

Transportation, out of funds to be provided for that purpose, shall pay 85% of the entire expense 

of constructing any bridge or passage over or under the railroad or right-of-way pursuant to order 

of the department under R.S.48:12-49. Such expense shall include, without limitation thereto, 

damages to adjacent property and the cost of removing, relaying or relocating any municipal 

pipes, conduits or subways. 

In lieu of the apportionment of expenses as set forth above, if the department finds that such 

construction of any bridge or passage is necessary due to increased vehicular or pedestrian traffic 

within the limits of the municipality or county having jurisdiction over the road, street or avenue 

involved, the department may order the entire expense to be paid as follows: 15% by the railroad 

company or companies involved, 15% by the municipality (or municipalities) or county (or 

counties) having jurisdiction over the roads, streets or avenues involved and 70% by the 

department. 

The railroad company or companies involved shall pay 5% and the department, out of funds to 

be provided for that purpose, shall pay 95% of the entire expense: (a) of enlarging, changing, 

reconstructing, relocating or modifying any bridge or passage over or under the railroad or rightof-way, or of reconstructing any passage across the railroad or right-of-way; pursuant to order of 

the department under R.S.48:12-49 and as to which actual work is commenced on or after April 

1, 1965; or (b) the installation, change, reconstruction, relocation or modification of protective 

devices or other provision for the protection of the traveling public at grade crossings pursuant to 

order of the department under R.S.48:2-29, 48:12-54 or 48:12-55 and as to which actual work is 

commenced on or after April 1, 1967. Such expense shall include, without limitation thereto, 

damages to adjacent property and the cost of removing, relaying or relocating any municipal 

pipes, conduits or subways. With respect to crossings at grade, such expense shall not include the 

cost of rails, ties or ballast. The protective devices or other provision for the protection of the 

traveling public at grade crossings shall be maintained by the railroad at its own cost and 

expense. 

In lieu of the apportionment of expenses as set forth in the preceding paragraph, if the 

department finds that such installation, enlargement, change, reconstruction, relocation or 

modification is necessary due to increased vehicular or pedestrian traffic within the limits of the 

municipality or county having jurisdiction over the road, street or avenue involved, the 

department may order the entire expense to be paid as follows: 5% by the railroad company or 

companies involved, 15% by the municipality (or municipalities) or county (or counties) having 

jurisdiction over the roads, streets or avenues involved and 80% by the department. 

The municipalities and counties involved are hereby authorized and empowered to make such 

payments. 

Notwithstanding the provisions of R.S.48:12-49 or any other law, rule or regulation to the 

contrary, a municipality or a county, as the case may be, upon the approval of the Commissioner 

of Transportation, is authorized to enter into a contract with a railroad company for the 

construction, reconstruction, maintenance or repair of any passage at grade across a railroad or 

right-of-way located within the boundaries of its geographic jurisdiction and the protective 

devices thereon designed to protect the public health and safety, including, but not limited to, 

safety gates, electric bells, and electric signs or signals. The contract shall set forth the rights and 

responsibilities of the parties thereto, including the apportionment of payments and costs. 
190 

N.J. Stat. Ann. § 48:12-49.1 (West 2021) 

§ 48:12-53. Construction of tracks along city streets; elevated roads; contracts 

The municipal authorities of any city except a city of the first class may permit any railroad 

company to lay and construct its tracks along and upon any street or highway or above the street 

or highway by means of an elevated structure and may contract with such company, fixing the 

terms and conditions as to maintenance of crossings, speed of trains and payment of 

consideration for such use and may do all things necessary to carry out such contract and any 

such contract made prior to March thirtieth, one thousand nine hundred and five, is hereby 

ratified and confirmed. 

No such railroad shall be constructed along or above any such street or highway until the 

company shall have acquired the right of the owners abutting thereon by agreement or 

condemnation proceedings. 

N.J. Stat. Ann. § 48:12-53 (West 2021) 

§ 48:12-68. Annual program by state highway department; maximum yearly expenditure 

The State Highway Department, before January 1 of each year, shall formulate a program, 

covering the work to be started or completed during the ensuing year, for the elimination of 

railroad crossings at grade on State highways, the improvement, relocation, alteration and 

reconstruction of crossings of railroads and State highways not at grade, and the location and 

construction of new crossings of railroads and State highways not at grade, where the 

construction of the new crossings of railroads and State highways not at grade result or will 

result in the closing, abandonment or combination of an existing grade crossing at or in the 

vicinity of the new State highway crossing. 

The aggregate estimated cost of the work in such annual program, in which railroad companies 

will share, shall not exceed $2,000,000.00. 

N.J. Stat. Ann. § 48:12-68 (West 2021) 

§ 48:12-70. Division of cost between railroads and Highway Department 

The cost of the work to be shared by railroad companies and the State Highway Department 

provided for in any annual program, exclusive of the cost of the surface paving on roadways and 

the curbing, sidewalk paving and guardrails on approaches, which shall be constructed at the sole 

expense of the State, shall be borne and paid 5% by the railroad company or companies involved 

and 95% by the State. 

N.J. Stat. Ann. § 48:12-70 (West 2021) 

§ 48:12-71. Agreement for division of cost 

The State Highway Department and any railroad company or companies may enter into an 

agreement on the basis of the division of the cost, as provided by section 48:12-70 of this Title, 

covering the work in the annual program, or the elimination of any crossing at grade or the 

improvement, relocation, alteration or reconstruction of any crossing not at grade on any State 

highway, in addition to the work provided for in such program. 

N.J. Stat. Ann. § 48:12-71 (West 2021) 

§ 48:12-72. Expense of certain crossings not at grade 
191 

The State Highway Department shall bear the entire expense of locating and constructing all 

crossings of railroads and State highways not at grade to carry new highways over or under the 

railroads where the construction of such crossings does not result or will not result in the closing, 

abandonment or combination of an existing grade crossing at or in the vicinity of the new 

highway crossing. 

N.J. Stat. Ann. § 48:12-72 (West 2021) 

§ 54:29A-10. Grade crossing improvements exempt 

The value of the taxable property of each railroad used for railroad purposes shall be ascertained 

without including: 

(a) Any part of the cost of improvements, relocation, reconstruction, elimination or avoidance of 

highway grade crossings, including State highways, made pursuant to Title 48 of the Revised 

Statutes, or pursuant to the provision of an agreement for any of such purposes with a 

municipality made after April 27, 1931, but such exemptions shall apply only to main lines and 

branches existing on April 27, 1931; 

(b) The cost essential to the improvement, relocation or reconstruction of existing grade 

separation structures made after January 1, 1960, pursuant to said Title 48 or pursuant to a said 

agreement; 

(c) Any part of the cost of installing or replacing protective devices for the protection of the 

traveling public at grade crossings, such devices to be exempt from and after the assessing date 

of January 1, 1960. 

The exemptions specified in subparagraphs (a) and (b) above shall not apply to any additions and 

betterments voluntarily made by a railroad in connection with grade crossing projects. 

N.J. Stat. Ann. § 54:29A-10 (West 2021) 

New Mexico (2) 

§ 63-3-36. Construction and maintenance of highway crossings 

A. Subject to the provisions of Subsection B hereof, every railroad company in this state shall 

construct and maintain in good condition, at its own expense, good and sufficient crossings at all 

places in this state where its railroad crosses public highways, city, town or village streets at 

grade, now or hereafter to be opened for public use. Such crossings shall be constructed of 

planks, macadam, concrete or other suitable material in such manner as to be level with the top 

of the rails for a reasonable distance on each side of each rail. 

B. Any highway-railroad crossing at grade that may hereafter be constructed or reconstructed by 

the state highway department will be a full plank crossing of a material approved by the state 

highway department and railroad, to be installed by the railroad company at the state highway 

department's expense. If a joint investigation of railroad and highway engineers shows that a 

highway-railroad crossing at grade should be reconstructed, then the highway department shall 

pay the railroad for the initial full plank crossing. Said constructed or reconstructed crossing will 

be maintained in good condition at the railroad company's own expense. 

N.M. Stat. Ann. § 63-3-36 (West 2021) 

§ 63-3-38. Maintenance of grade crossing 
192 

After construction of every grade separation, the state transportation commission shall maintain 

the highway roadbed and the structures supporting it and the railroad shall maintain its roadway 

and track and the structures supporting them. 

N.M. Stat. Ann. § 63-3-38 (West 2021) 

New York (5) 

§ 51. Repair of highways at railroad crossings 

Whenever a highway crosses a railroad track at grade and such grade crossing is out of repair, if 

it is the judgment of the commissioner of transportation, the board of supervisors of a county, the 

board of aldermen of a city, the board of trustees of a village or the town superintendent of 

highways of a town that the same should be repaired, the commissioner of transportation, the 

board of supervisors of a county, the board of aldermen of a city, the board of trustees of a 

village or the town superintendent of a town may repair and maintain the same and charge the 

expense thereof to the railroad company over whose railroad such crossing is repaired and 

maintained, if after fifteen days' notice in writing such railroad company neglects or refuses to 

repair the same. 

N.Y. High. Law § 51 (McKinney 2021) 

§ 91. Alteration or rehabilitation of existing crossing 

The mayor or city manager and common council of any city, the president or mayor and trustees 

of any village, the town board of any town, the board of supervisors or county executive and the 

county legislature of any county having jurisdiction over street, avenue, highway or road which 

crosses or is crossed by a surface railroad at grade, below grade or above grade by structures 

heretofore constructed, or any surface railroad corporation whose railroad crosses or is crossed 

by a street, avenue, highway or road at grade, below or above grade, may bring their petition in 

writing to the commissioner of transportation, therein alleging that public interest requires 

rehabilitation, an alteration in the manner of such crossing, its approaches, the method of 

crossing, the location of the crossing, a change in the existing structure by which such crossing is 

made, the closing and discontinuance of a crossing and the diversion of the travel thereon to 

another street, avenue, highway road or crossing, or if not practicable to change such crossing 

from grade, below grade or above grade or to close or discontinue the same, the opening of an 

additional crossing for the partial diversion of travel from the grade, below grade or above grade 

crossing and praying that the same may be ordered. Upon any such petition being brought the 

commissioner of transportation shall appoint a time and place for hearing the petition, and shall 

give such notice thereof as he shall judge reasonable, of not less than ten days, however, to such 

petitioner, the railroad corporation, the municipality in which such crossing is situated, and if 

such crossing is in whole or in part in an incorporated village having not to exceed twelve 

hundred inhabitants, also to the supervisor or supervisors of the town or towns in which such 

crossing is situated, and in all cases to the owners of the lands adjoining such crossing and 

adjoining that part of the street, avenue, highway or road to be changed in grade or location or to 

be discontinued, or the land to be opened for a new crossing and to such other parties deemed by 

him to be interested in the proceeding. The commissioner of transportation shall give public 

notice of said hearing; and upon such notice and after a hearing or hearings the commissioner of 

transportation shall determine what alterations or changes, if any, shall be made. The decision of 

the commissioner of transportation rendered in any proceeding under this section shall be 

communicated, after final hearing, to the petitioner, the railroad corporation, the municipal 
193 

corporation and all other parties who appeared at said hearing by counsel or in person. Any 

person aggrieved by such decision, or by a decision made pursuant to sections eighty-nine and 

ninety, and who was a party to said proceeding, may within sixty days appeal therefrom to the 

appellate division of the supreme court in the department in which such crossing is situated, and 

to the court of appeals, in the same manner and with like effect as is provided in the case of 

appeals from an order of the supreme court. This section shall not apply to a state highway or 

any other highway upon which the commissioner of transportation proposes to alter an existing 

crossing of a railroad pursuant to any section of the highway law. 

N.Y. R.R. Law § 91 (McKinney 2021) 

§ 93-a. Maintenance and removal of highway-railroad crossing at grade 

The responsibility of a railroad corporation to maintain and keep in repair highway-railroad 

crossings at grade as provided by law shall not terminate upon the abandonment of the railroad 

or a portion thereof, but such responsibility with respect to state highways shall continue, unless 

otherwise agreed upon by the railroad corporation and the state, and with respect to highways 

other than state highways, shall continue unless otherwise agreed upon by the governing body, or 

its designee, of the municipality having jurisdiction over the highway. Such responsibility shall 

continue until the crossing at grade has been removed and the highway pavement restored by the 

railroad corporation and/or pursuant to agreement with the railroad corporation by the state or 

municipality having jurisdiction over the highway, to such usable condition as the commissioner 

or the municipality having jurisdiction over the highway, respectively, shall deem reasonable. 

Such responsibility to maintain and remove may be transferred with the approval of the 

commissioner, and shall thereafter pass to the transferee of the railroad corporation or successor 

in interest to the abandoned railroad right-of-way. If such approval is not obtained, the 

responsibility for maintenance and removal shall continue with the railroad. Upon failure to 

remove abandoned railroad facilities at a highway-railroad crossing at grade within one year 

after the date of the abandonment by the railroad corporation, the municipality having 

jurisdiction over the highway may petition the commissioner for an order to compel removal. 

The commissioner upon receipt of such a petition, or on its own motion with respect to state 

highways, shall serve notice upon the party responsible for the removal of the highway-railroad 

crossing at grade that a hearing, at a specified date, will be held to determine whether the 

highway-railroad crossing at grade should be removed. After conclusion of such hearings, the 

commissioner shall, by order, determine whether it is in the public interest to require removal of 

the crossing at grade. If the commissioner determines that the crossing at grade should be 

removed, the order shall direct such removal and describe the manner of removal and the party 

responsible for such removal and may establish a penalty for non-compliance with such order at 

a sum equalling the actual cost, considering salvage, of such removal to be paid to the state with 

respect to state highways or to the municipality having jurisdiction over the highway with respect 

to highways other than state highways. Any funds so paid shall be utilized to effect such 

removal. Any person aggrieved by such decision, and who was a party to said proceeding, may 

within sixty days after the service of such decision appeal therefrom to the appellate division of 

the supreme court in the department in which such crossing is located, and to the court of 

appeals, in the same manner and with like effect as is provided in the case of appeals from an 

order of the supreme court. 

N.Y. R.R. Law § 93-a (McKinney 2021) 
194 

§ 95. Proceedings by commissioner of transportation for alteration of existing crossings 

The commissioner of transportation may, in the absence of any application therefor, when in his 

opinion public interest requires an alteration in an existing grade crossing or a change in any 

existing structure above or below grade, institute proceedings on his own motion for any 

alteration in an existing grade crossing or structure for which a municipal corporation may 

petition under section ninety-one, upon such notice as he shall deem reasonable, of not less than 

ten days however, to the railroad company, the municipal corporation and the person or persons 

interested, and proceedings shall be conducted as provided in section ninety-one. 

Notwithstanding any other provision of law the commissioner of transportation shall not, within 

areas which were within the jurisdiction of the transit commission on March thirty-first, nineteen 

hundred forty-three, order the elevation of any railroad running longitudinally on a right-of-way 

in, upon or along a street, avenue, highway or road without the concurrent approval of the local 

authorities of the city on which the railroad or such part thereof is located. The changes in 

existing grade crossings or structures authorized or required by the commissioner of 

transportation in any one year shall be so distributed and apportioned over and among the 

railroads and the municipalities of the state as to produce such equality of burden upon them for 

their proportionate part of the expenses as herein provided for as the nature and circumstances of 

the cases before it will permit. 

N.Y. R.R. Law § 95 (McKinney 2021) 

*§ 359. Construction, reconstruction and improvement 

1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a 

highway connection, the authority shall proceed with the construction, reconstruction or 

improvement thereof. All such work shall be done pursuant to a contract or contracts which shall 

be let to the lowest responsible bidder, by sealed proposals publicly opened, after public 

advertisement and upon such terms and conditions as the authority shall require; provided, 

however, that the authority may reject any and all proposals and may advertise for new 

proposals, as herein provided, if in its opinion, the best interests of the authority will thereby be 

promoted; provided further, however, that at the request of the authority, all or any portion of 

such work, together with any engineering required by the authority in connection therewith, shall 

be performed by the commissioner and his subordinates in the department of transportation as 

agents for, and at the expense of, the authority. 

2. All construction, reconstruction and improvements and any engineering work required in 

connection therewith which are performed on behalf of the authority by the commissioner shall 

be carried on, generally, in the same manner and subject to the same provisions of law as apply 

to the construction and improvement of state highways. 

3. Highway and railroad grade crossings shall in general be separated by structures to be 

determined by the authority, and the authority is hereby authorized to combine or relocate 

intersecting highways, to adjust traffic to such grade separation structures, except that the grade 

crossing elimination structures involved in public service commission cases number fifty-four 

hundred seventy-two and nine thousand fifty-eight shall remain under the jurisdiction of such 

commission. The cost of all such structures, except such part as is otherwise payable, shall be 

borne by the authority. Telephone and telegraph wires, power transmission and gas, oil and water 

lines, conduits, cables of every kind and nature, which may be affected by thruway construction, 

reconstruction or improvement, may, in the discretion of the authority, be relocated in suitable 

facilities and the expense of such relocation and of installing such facilities shall be borne by the 
195 

authority. The work of such relocation may be done by the owner of such wires, lines, conduits 

and cables, and the authority is hereby empowered to enter into an agreement with such owner 

for the performance of all or any part of the work of such relocations at the expense of the 

authority. 

4. In the case of a separation of a grade crossing pursuant to the preceding subdivision, the 

structure shall be maintained and repaired by the authority. Whenever the authority determines 

that a separation structure carrying a highway under the jurisdiction of a municipality requires 

major repair or reconstruction, the authority, with the approval of the commissioner of 

transportation and after consultation with such municipality, may close the bridge and provide 

adequate alternative detour routing and signing. In the case of municipal highways, the 

responsibility for rehabilitation and reconstruction of the wearing surface, sidewalks, curbs and 

railings shall be the responsibility of the authority. Highways combined, relocated or carried over 

or under a thruway section or connection, or a highway connection, under the provisions of the 

preceding subdivision, shall, upon completion of the work, revert to and become the 

responsibility, with regard to maintenance and repair, of the state or municipality, as the case 

may be, formerly having jurisdiction there over. 

N.Y. Pub. Auth. Law § 359 (McKinney 2021) 

North Carolina (4) 

*§ 136-18. Powers of Department of Transportation

The Department of Transportation is vested with the following powers: 

(11) To regulate, abandon, and close to use grade crossings on any road designated as part of the 

State highway system, and whenever a public highway has been designated as part of the State 

highway system and the Department of Transportation, in order to avoid a grade crossing or 

crossings with a railroad or railroads, continues or constructs the road on one side of the railroad 

or railroads, the Department of Transportation may abandon and close to use the grade crossings; 

and whenever an underpass or overhead bridge is substituted for a grade crossing, the 

Department of Transportation may close to use and abandon the grade crossing and any other 

adjacent crossing. 

N.C. Gen. Stat. Ann. § 136-18 (West 2021) Excerpt from applicable section of statute published.

§ 136-20. Elimination or safeguarding of grade crossings and inadequate underpasses or 

overpasses 

(a) Whenever any road or street forming a link in or a part of the State highway system, whether 

under construction or heretofore or hereafter constructed, shall cross or intersect any railroad at 

the same level or grade, or by an underpass or overpass, and in the opinion of the Secretary of 

Transportation such crossing is dangerous to the traveling public, or unreasonably interferes with 

or impedes traffic on said State highway, the Department of Transportation shall issue notice 

requiring the person or company operating such railroad to appear before the Secretary of 

Transportation, at his office in Raleigh, upon a day named, which shall not be less than 10 days 

or more than 20 days from the date of said notice, and show cause, if any it has, why such 

railroad company shall not be required to alter such crossing in such way as to remove such 

dangerous condition and to make such changes and improvements thereat as will safeguard and 

secure the safety and convenience of the traveling public thereafter. Such notice shall be served 

on such railroad company as is now provided by law for the service of summons on domestic 
196 

corporations, and officers serving such notice shall receive the same fees as now provided by law 

for the service of such summons. 

(b) Upon the day named, the Secretary of Transportation shall hear said matter and shall 

determine whether such crossing is dangerous to public safety, or unreasonably interferes with 

traffic thereon. If he shall determine that said crossing is, or upon the completion of such 

highway will be, dangerous to public safety and its elimination or safeguarding is necessary for 

the proper protection of the traffic on said State highway, the Secretary of Transportation shall 

thereupon order the construction of an adequate underpass or overpass at said crossing or he may 

in his discretion order said railroad company to install and maintain gates, alarm signals or other 

approved safety devices if and when in the opinion of said Secretary of Transportation upon the 

hearing as aforesaid the public safety and convenience will be secured thereby. And said order 

shall specify that the cost of construction of such underpass or overpass or the installation of 

such safety device shall be allocated between the railroad company and the Department of 

Transportation in the same ratio as the net benefits received by such railroad company from the 

project bear to the net benefits accruing to the public using the highway, and in no case shall the 

net benefit to any railroad company or companies be deemed to be more than ten percent (10%) 

of the total benefits resulting from the project. The Secretary of Transportation shall be 

responsible for determining the proportion of the benefits derived by the railroad company from 

the project, and shall fix standards for the determining of said benefits which shall be consistent 

with the standards adopted for similar purposes by the United States Bureau of Public Roads 

under the Federal-Aid Highway Act of 1944. 

(c) Upon the filing and issuance of the order as hereinbefore provided for requiring the 

construction of any underpass or overpass or the installation and maintenance of gates, alarm 

signals or other safety devices at any crossing upon the State highway system, it shall be the duty 

of the railroad company operating the railroad with which said public road or street intersects or 

crosses to construct such underpass or overpass or to install and maintain such safety device as 

may be required in said order. The work may be done and material furnished either by the 

railroad company or the Department of Transportation, as may be agreed upon, and the cost 

thereof shall be allocated and borne as set out in subsection (b) hereof. If the work is done and 

material furnished by the railroad company, an itemized statement of the total amount expended 

therefor shall, at the completion of the work, be furnished the Department of Transportation, and 

the Department of Transportation shall pay such amount to the railroad company as may be 

shown on such statement after deducting the amount for which the railroad company is 

responsible; and if the work is done by the Department of Transportation, an itemized statement 

of the total amount expended shall be furnished to the railroad company, and the railroad 

company shall pay to the Department of Transportation such part thereof as the railroad company 

may be responsible for as herein provided; such payment by the railroad company shall be under 

such rules and regulations and by such methods as the Department of Transportation may 

provide. 

(d) Within 60 days after the issuance of the order for construction of an underpass or overpass or 

the installation of other safety devices as herein provided for, the railroad company against 

which such order is issued shall submit to the Department of Transportation plans for such 

construction or installation, and within 10 days thereafter said Department of Transportation, 

through its chairman of the Department of Transportation, shall notify such railroad company of 

its approval of said plan or of such changes and amendments thereto as to it shall seem advisable. 

If such plans are not submitted to the Department of Transportation by said railroad company 
197 

within 60 days as aforesaid, the chairman of the Department of Transportation shall have plans 

prepared and submit them to the railroad company. The railroad company shall within 10 days 

notify the chairman of the Department of Transportation of its approval of the said plans or shall 

have the right within such 10 days to suggest such changes and amendments in the plans so 

submitted by the chairman of the Department of Transportation as to it shall seem advisable. The 

plans so prepared and finally approved by the chairman of the Department of Transportation 

shall have the same force and effect, and said railroad company shall be charged with like 

liability, and said underpass or overpass shall be constructed or such safety device installed in 

accordance therewith, as if said plans had been originally prepared and submitted by said 

railroad company. If said railroad company shall fail or neglect to begin or complete the 

construction of said underpass or overpass, or the installation of such safety device, as required 

by the order of the Secretary of Transportation, said Secretary of Transportation is authorized 

and directed to prepare the necessary plans therefor, which plans shall have the same force and 

effect, and shall fix said railroad company with like liability, as if said plans had been originally 

prepared and submitted by said railroad company, and the Department of Transportation shall 

proceed to construct said underpass or overpass or install such safety device in accordance 

therewith. An accurate account of the cost of said construction or installation shall be kept by the 

Department of Transportation and upon the completion of such work a statement of that portion 

thereof chargeable to such railroad company as set out in the order of the Department of 

Transportation shall be rendered said railroad company. Upon the failure or refusal of said 

company to pay the bill so rendered, the Department of Transportation shall recover the amount 

thereof by suit therefor against said company in the Superior Court of Wake County: Provided, 

that the payment by such railroad company of said proportionate part may be made under such 

rules and regulations and by such methods as the Department of Transportation may provide. If 

the Department of Transportation shall undertake to do the work, it shall not obstruct or impair 

the operation of the railroad and shall keep the roadbed and track safe for the operation of trains 

at every stage of work. If said railroad company shall construct such underpass or overpass or 

shall install such safety devices in accordance with the order of the Secretary of Transportation, 

the proportionate share of the cost thereof as set out in subsection (b) hereof shall upon the 

completion of said work be paid to the railroad company by the Department of Transportation. 

The Department of Transportation may inspect and check the expenditures for such construction 

or installation so made by the railroad company and an accurate account of the cost thereof shall 

upon the completion of said work be submitted to the Department of Transportation by the 

railroad company. If the Department of Transportation shall neglect or refuse to pay that portion 

of the cost of said construction or installation chargeable to it, the railroad company shall recover 

the amount thereof by suit therefor against the Department of Transportation in the Superior 

Court of Wake County. 

(e) If any railroad company so ordered by the Secretary of Transportation to construct an 

underpass or overpass or to install safety devices at grade crossings as hereinbefore provided for 

shall fail or refuse to comply with the order of the Secretary of Transportation requiring such 

construction or installation, said railroad company shall be guilty of a Class 3 misdemeanor and 

shall only be fined not less than fifty dollars ($50.00) nor more than one hundred dollars 

($100.00) in the discretion of the court for each day such failure or refusal shall continue, each 

said day to constitute a separate offense. 

(f) The jurisdiction over and control of said grade crossings and safety devices upon the State 

highway system herein given the Department of Transportation shall be exclusive. 
198 

(g) From any order or decision so made by the Secretary of Transportation the railroad company 

may appeal to the superior court of the county wherein is located the crossing affected by said 

order. Such appeal shall not defer or delay the construction of such underpass or overpass or the 

installation of such safety device as required by the order of the Secretary of Transportation, but 

the railroad company shall proceed to comply with such order in accordance with his terms. The 

action of the railroad company in complying with and carrying out such order pending said 

appeal shall not prejudice or affect the right or remedies of such railroad company on such 

appeal. Upon such appeal the court shall determine only whether the order of the Secretary of 

Transportation for such construction or installation is unreasonable and unnecessary for the 

protection of the traveling public and the apportionment of the cost to the extent hereinafter 

provided in this subsection, and if upon the hearing of said appeal it shall be determined that said 

order was unnecessary for the protection of the traveling public, the Department of 

Transportation shall bear the total cost of the construction of such underpass or overpass or the 

installation of such safety device. In the event the decision on appeal should be that the 

construction or installation was necessary but the cost or apportionment thereof unreasonable, 

then the railroad company shall bear its proportion as provided in this section of such cost as 

may be determined on appeal to have been reasonable to meet the necessity of the case. Upon 

said appeal from an order of the Secretary of Transportation, the burden of proof shall be upon 

the railroad company, and if it shall not be found and determined upon said appeal that said order 

was unreasonable or unnecessary for the protection of the traveling public at said crossing, then 

such railroad company shall bear its proportion of the cost of such construction or installation in 

accordance with this section. 

(h) The Department of Transportation shall pay the cost of maintenance of all overpasses and the 

railroad company shall pay the cost of maintenance of all underpasses constructed in accordance 

with this section. The cost of maintenance of safety devices at all intersections of any railroad 

company and any street or road forming a link in or a part of the State highway system which 

have been constructed prior to July 1, 1959, or which shall be constructed thereafter shall be 

borne fifty percent (50%) by the railroad company and fifty percent (50%) by the Department of 

Transportation. The maintenance of said overpasses and underpasses shall be performed by the 

railroad company or the Department of Transportation as may be agreed upon and 

reimbursement for the cost thereof, in accordance with this section, shall be made annually. The 

maintenance of such safety devices shall be performed by the railroad company and 

reimbursement for the cost thereof, in accordance with this section, shall be made annually by 

the Department of Transportation. 

N.C. Gen. Stat. Ann. § 136-20 (West 2021) 

§ 136-195. To regulate crossings and to abolish grade crossings 

The Department may require the raising or lowering of any tracks or roadway at any grade 

crossing in a road or street not forming a link in or part of the State highway system and 

designate who shall pay for the same by partitioning the cost of said work and the maintenance 

of such crossing among the railroads and municipalities interested in accordance with the 

formula provided for grade crossing alterations or eliminations on the State highway system in 

G.S. 136-20(b). 

N.C. Gen. Stat. Ann. § 136-195 (West 2021) 

§ 160A-298. Railroad crossings 
199 

(a) A city shall have authority to direct, control, and prohibit the laying of railroad tracks and 

switches in public streets and alleys and to require that all railroad tracks, crossings, and bridges 

be constructed so as not to interfere with drainage patterns or with the ordinary travel and use of 

the public streets and alleys. 

(b) The costs of constructing, reconstructing, and improving public streets and alleys, including 

the widening thereof, within areas covered by railroad cross ties, including cross timbers, shall 

be borne equally by the city and the railroad company. The costs of maintaining and repairing 

such areas after construction shall be borne by the railroad company. 

(c) A city shall have authority to require the installation, construction, erection, reconstruction, 

and improvement of warning signs, gates, lights, and other safety devices at grade crossings, and 

the city shall bear ninety percent (90%) of the costs thereof and the railroad company shall bear 

ten percent (10%) of the costs. The costs of maintaining warning signs, gates, lights, and other 

safety devices installed after January 1, 1972, shall be borne equally by the city and the railroad 

company. The maintenance shall be performed by the railroad company and the city shall pay 

annually to the railroad company fifty percent (50%) of these costs. In maintaining maintenance 

cost records and determining such costs, the city and the railroad company shall use the same 

methods and procedures as are now or may hereafter be used by the Board of Transportation. 

(e) Whenever the widening, improving, or other changes in a street require that a railroad bridge 

be relocated, enlarged, heightened, or otherwise reconstructed, the city shall bear ninety percent 

(90%) of the costs and the railroad company shall bear ten percent (10%) of the costs. 

(f) It is the intent of this section to make uniform the law concerning the construction and 

maintenance of railroad crossings, bridges, underpasses, and warning devices within cities. To 

this end, all general laws and local acts in conflict with this section are repealed, and no local act 

taking effect on or after January 1, 1972, shall be construed to modify, amend, or repeal any 

portion of this section unless it specifically so provides by express reference to this section. 

N.C. Gen. Stat. Ann. § 160A-298 (West 2021) Excerpt from applicable statute published. 

North Dakota (2) 

§ 24-09-08. Additional safeguards at crossings may be required 

The commission, upon written application made to it by the director, the board of county 

commissioners of any county, the board of supervisors of any township, any municipality, the 

railroad company, or upon its own motion, shall investigate and determine whether any railroad 

grade crossing over any state, county, township, or municipal highway in the state is dangerous 

to life and property and needs protection further than that set out in this chapter, and may order 

the same protected in any manner it may find reasonable and proper, including a requirement that 

the railroad company separate the grades. In such cases, the commission shall give the railroad 

company interested such notice of the investigation as it deems reasonable and an opportunity to 

be heard before any order is made. The railroad company interested, within thirty days after the 

service of a copy of such order upon it, may appeal to the district court of the county within 

which such crossing is situated. 

N.D. Cent. Code Ann. § 24-09-08 (West 2021) 

§ 24-09-10. Changing or closing railroad crossing--Power of public service commission--

Hearing 

It is in the interest of public safety to eliminate unnecessary railroad grade crossings whenever 

reasonable access can be safely provided at another crossing. Whenever it is desired, either by 
200 

the public officials having the necessary authority or by the railway company operating the 

railroad, to establish, vacate, or relocate any crossing of a public highway and a railroad, or to 

separate grades, and an agreement cannot be reached between the public official and the railway 

company, either as to the necessity for establishing, vacating, or relocating a crossing or for 

separating grades, as to place, manner of construction, or a reasonable division of the expense, 

either party may file a petition with the commission, setting forth the facts and submitting the 

matter to it for determination. The commission, after giving notice as it shall deem reasonable, 

shall conduct a hearing and shall issue its order determining whether there should be an 

establishment, vacation, or relocation of the crossing in question, or a separation of grades, and 

dividing the expense of the establishment, relocation, or separation of grades. Irrespective of the 

establishment, relocation, or the consideration of further reasonable protection of a crossing, if 

the commission finds any railroad crossing to be unnecessary or unsafe, it shall order the 

crossing closed after reasonable notice and hearing. Whenever a final order is entered vacating or 

closing a crossing, it must be vacated or closed at the railroad company's expense. 

N.D. Cent. Code Ann. § 24-09-10 (West 2021) 

Ohio (25) 

§ 4907.471. Survey to determine crossings with highest probability of accident; additional 

protective devices 

(A) The public utilities commission shall survey all public crossings of railroads at grade, 

whether on state, county, or township highways or on streets or ways within municipal 

corporations. The commission shall devise a formula according to sound highway engineering 

practice for determining the probability of accident at each such crossing and may include in the 

formula factors representing volume of vehicular traffic, volume of train traffic, history of 

previous accidents, train type and speed, limitations of view, intersection angle, number of 

tracks, highway alignment, and such other special factors and conditions as are in its opinion 

relevant. The commission shall submit the formula to the director of transportation, who shall 

review it to ensure that it is consistent with applicable federal requirements. 

The commission shall classify all such public crossings according to that formula and shall 

prepare a priority list for the protection of such crossings, giving highest priority to the crossings 

at which the commission finds the highest probability of accident, and lowest priority to the ones 

at which it finds the least probability of accident, provided that for the purposes of this section 

the commission shall place first on the list any crossing that meets all of the following criteria: 

(1) The crossing is at a section of railroad track that is being reactivated on or after May 1, 1990, 

and that has not been used for at least three years prior to the reactivation as determined by the 

commission; 

(2) The territory abutting the railroad's right-of-way for a distance of three hundred feet or more 

has been improved with residences during the period of time the track was not being used; 

(3) The commission has designated the crossing as dangerous and hazardous under division (A) 

of this section. 

The priority list shall be for the use of the commission in carrying out this section and sections 

4907.47,4907.474, and 4907.475 of the Revised Code and shall not be admissible in evidence in 

any action to recover damages for negligence arising out of the use of such grade crossings. The 

list shall be made available to the department of transportation for use in carrying out sections 

4511.61 and 4955.33 of the Revised Code. 
201 

The survey shall be continuous, and after the original list is prepared, the commission may 

change the respective priority ratings as it may from time to time determine. When new crossings 

at grade are opened, the commission shall survey them and place them on the priority list at such 

places as in its opinion the probability of accident at those crossings warrants. 

Ohio Rev. Code Ann. § 4907.471 (West 2021) Excerpt from applicable statute published. 

*§ 4907.472 Grade crossing protection fund 

(A) There is hereby created in the state treasury the grade crossing protection fund for the 

purpose of paying: 

(1) The public share of the cost of reducing hazards at public highway-railway crossings at any 

location where a railway and a public highway intersect each other at a common grade, when 

such protection is ordered by the public utilities commission pursuant to section 4907.47, 

4907.471, or 4907.49 of the Revised Code; 

(2) The costs incurred by the commission in administering sections 4907.47 to 4907.476 of the 

Revised Code. 

(B) Moneys for the fund shall be provided from the motor fuel tax levied under section 5735.05 

of the Revised Code and any federal funds apportioned and allocated to the state for the 

reduction of hazards at railroad grade crossings. One hundred thousand dollars shall be 

transferred to the fund each month as provided for in section 5735.051 of the Revised Code, and 

may be expended by the commission to pay the public share of the costs for reducing hazards at 

railway crossings with highways, roads, or streets on the state, county, township, or municipal 

highway and street systems and the costs incurred by the commission in administering sections 

4907.47 to 4907.476 of the Revised Code, provided that not more than ten per cent of the 

amounts thus transferred each fiscal year may be used for paying such administrative costs that 

fiscal year. 

Ohio Rev. Code Ann. § 4907.472 (West 2021) 

§ 4907.474 Closing of municipal crossings 

(A) In making the survey provided for by section 4907.471 of the Revised Code, the public 

utilities commission shall determine as to each crossing whether there is a demonstrable need for 

such crossing to exist and whether the crossing could be closed to vehicular traffic, or to 

pedestrian traffic, or to both, and the travel over the crossing diverted to other crossings. In 

making this determination, the commission shall consider all of the following: 

(1) The daily vehicular and train traffic at the crossing to be closed; 

(2) The daily vehicular and train traffic at any alternate crossings; 

(3) The daily increase in vehicular traffic at alternate crossings resulting from proposed crossing 

closures; 

(4) The nature of the roadway at any alternate crossings; 

(5) The total number of crossings within one linear mile of the crossing to be closed; 

(6) The type of advance warning devices at any alternate crossings; 

(7) The sight distances at any alternate crossings, including any permanent obstruction affecting 

distance of view; 

(8) The impact of closure on vehicular traffic, emergency vehicles, commercial enterprises, and 

any other factors pertinent to municipal corporations and other populated areas; 

(9) Any other factor the commission determines appropriate. 
202 

(B) If the commission finds that there is not a demonstrable need for a crossing to exist 

according to the factors listed in divisions (A)(1) to (9) of this section and that the crossing could 

be closed, and if the crossing is on a street or way within a municipal corporation, the 

commission shall hold a public hearing on the issue of the possible closing of the crossing to 

vehicular traffic, or to pedesterian traffic, or both, and invite comments on the closing and the 

effects the closing would have on the vehicular and pedestrian traffic patterns within the 

municipal corporation. The commission also shall hold such a hearing upon application of the 

municipal corporation within which a crossing is located, or upon application of the railroad 

having jurisdiction over a crossing, if the municipal corporation or railroad believes that there is 

not a demonstrable need for the crossing to exist and that the crossing should be closed to the 

public. Any such application filed by a municipal corporation or railroad shall be on a form 

provided by the commission. Notice of the hearing shall be published once a week for three 

consecutive weeks in a newspaper of general circulation in the municipal corporation in which 

the crossing at issue is located. The hearing shall be held at a location within the boundaries of 

the municipal corporation. If, after the hearing, it is the opinion of the commission that there is 

not a demonstrable need for the crossing to exist according to the factors listed in divisions 

(A)(1) to (9) of this section and that the crossing should be closed, the commission shall issue an 

order to the legislative authority of the municipal corporation in which the crossing is located 

directing it to discontinue the crossing and close it to vehicular traffic, or to pedestrian traffic, or 

both, by ordinance. The commission shall enter the order upon its journal. The legislative 

authority of the municipal corporation, within thirty days after receipt of the order from the 

commission, shall discontinue the crossing and close it to vehicular traffic, or to pedestrian 

traffic, or both, as specified in the order of the commission. 

(C) The municipal corporation or railroad may file with the commission an application for a 

rehearing of the commission's order issued under division (B) of this section. Any application for 

a rehearing of an order issued by the commission under this section shall be filed in accordance 

with and meet the requirements contained in section 4903.10 of the Revised Code, and any 

rehearing held by the commission shall be conducted in accordance with that section. 

The municipal corporation or railroad may appeal the order of the commission, as affirmed or 

modified by the commission after the rehearing, to the supreme court. 

(D) The commission shall assess the costs, as determined by the commission, of the closure of a 

crossing under this section against the railroad having jurisdiction over the crossing. If a 

municipal corporation or railroad applies for closure of a crossing under division (B) of this 

section, the commission may assess the costs of any investigation conducted under this section to 

make the determination required by division (A) of this section against the municipal corporation 

or railroad that applies for the closure. 

Ohio Rev. Code Ann. § 4907.474 (West 2021) 

§ 4907.49 Apportionment of crossing expense between railroads; agreements with 

municipalities 

When two or more railroads cross a public highway or street at a dangerous crossing, the 

expenses incurred in the erection and maintenance of gates, bells, or other devices, and of 

necessary gatekeepers or flaggers, and apportioned by the public utilities commission as railroad 

expense, shall be shared equally by the railroads. 

Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code do not prevent the use of 

automatic bells or other mechanical devices by a railroad at a public crossing not declared 
203 

dangerous by the public utilities commission, nor do they prevent state, county, township, or 

municipal officials from entering into an agreement with a railroad to pay all or part of the 

expense of erecting a warning device. Any funds levied and made available for highways or 

street purposes may be used to pay the public share of the cost under such an agreement. If a gate 

is erected or a flagger is stationed and maintained by a railroad, either alone or pursuant to such 

an agreement, the gate or flagger shall not be abandoned nor an automatic bell or other 

mechanical device substituted for the gate or flagger, unless the commission consents to the 

abandonment or substitution. 

Ohio Rev. Code Ann. § 4907.49 (West 2021) 

§ 4955.20 Highway crossings and sidewalks; maintenance and repair 

Companies operating a railroad in this state shall build and keep in repair good and sufficient 

crossings over or approaches to such railroad, its tracks, sidetracks, and switches, at all points 

where any public highway, street, lane, avenue, alley, road, or pike is intersected by such 

railroad, its tracks, sidetracks, or switches. Such companies shall build and keep in repair good 

and sufficient sidewalks on both sides of streets intersected by their railroads, the full width of 

the right of way owned, claimed, or occupied by them. The board of township trustees shall have 

power to fix, and determine the kind and extent, and the time and manner of constructing, 

crossings and approaches outside of municipal corporations. 

The legislative authority of a municipal corporation may exercise the same powers as to 

crossings, approaches, and sidewalks within municipal corporations as such board exercises 

concerning crossings and approaches outside of municipal corporations. Such crossings, 

approaches, and sidewalks shall be constructed, repaired, and maintained by the railroad 

companies as so ordered. 

Ohio Rev. Code Ann. § 4955.20 (West 2021) 

§ 4955.45 Reports; inspections; safety measures 

(A) Each municipal corporation or township that has established a railroad quiet zone pursuant to 

sections 4955.41 to 4955.47 of the Revised Code shall submit a report to the commission every 

three years after the date of first operation of the zone. The report shall be in such form and 

contain such information as the commission shall prescribe by rule, including, but not limited to, 

information on the number of traffic citations issued at the crossing, roadway traffic counts at the 

crossing, and changes to the crossing and roadway due to construction or improvements. 

(B) Once every three years after the date of first operation of a railroad quiet zone established 

pursuant to section 4955.42 of the Revised Code, the public utilities commission shall inspect 

each public grade crossing in the zone and issue a report documenting the compliance of the 

zone with the commission order issued under that section. The commission also may inspect 

such a crossing at any other time. 

(C) The commission at any time and by order, after notice and opportunity for the filing of 

comments, may require at a public grade crossing in a railroad quiet zone established pursuant to 

section 4955.42 of the Revised Code the implementation and use of such safety measures as it 

considers necessary and appropriate to ensure that safety measures are appropriate and adequate 

for the crossing or to ensure compliance with an order issued under division (C) of that section or 

with the guidelines for the use and operation of those measures as set forth in Appendix (A) of 

65 F. R. 2230 to 2270, including to the extent such guidelines are applicable upon any adoption 
204 

of regulations pursuant to the “Swift Rail Development Act,” Pub. L. No. 103-440, 108 Stat. 

4615, 49 U.S.C. 20153. 

Ohio Rev. Code Ann. § 4955.45 (West 2021) 

*§ 4957.01 Alteration or elimination of grade or other crossings 

If the legislative authority of a municipal corporation in which a railroad and a street or other 

public highway cross each other at a grade or otherwise, or the board of county commissioners of 

a county in which a railroad and a public road or highway cross each other at grade, and the 

board of directors of the railroad company are of the opinion that the security and convenience of 

the public require alterations in such crossing, the approaches to such crossing, the location of 

the railroad or public way, or the grades thereof, so as to avoid a crossing at grade, or that such 

crossing should be discontinued with or without building a new way in substitution for it, and if 

they agree as to the alterations they may be made as provided in sections 4957.02 to 4957.09, 

inclusive, of the Revised Code. The board of county commissioners of a county has the same 

powers with respect to that part of a state, county, or township road which lies within the limits 

of a municipal corporation as are conferred upon municipal corporations to alter, or require to be 

altered, any railroad crossings, or to require any improvement in connection with them to be 

made, and to apportion the cost thereof between the county and such railroad as is provided in 

sections 4957.10 to 4957.26, inclusive, of the Revised Code. 

Ohio Rev. Code Ann. § 4957.01 (West 2021)

§ 4957.02 Resolution to alter or abolish 

When it is deemed necessary by a municipal corporation or a county to join with any railroad 

company in the alteration or abolition of a grade or other crossing, the legislative authority of the 

municipal corporation, by a two-thirds vote of all the members elected to it, or the board of 

county commissioners of the county, by a unanimous vote, by resolution, shall declare such 

necessity and intent, and state in it the manner in which the alterations in the crossing are to be 

made, giving the method of constructing the new crossing with the grades for the railroad and 

public way, what land or other property it is necessary to appropriate and how the cost is to be 

apportioned between the municipal corporation or county and the railroad company, and by 

whom the work of construction is to be done and how its cost is to be apportioned between the 

municipal corporation or county and the railroad company. 

Such resolution shall be published and notice of its passage given to owners of property abutting 

on the proposed improvement, in the manner provided as to resolutions of a city legislative 

authority declaring the necessity of a contemplated public improvement. Claims for damages 

caused must be filed in the manner and within the time prescribed in such cases. 

Ohio Rev. Code Ann. § 4957.02 (West 2021) 

§ 4957.04 Acquiring necessary property; sale to railroad company 

The land or property required to make the alteration in the street or highway necessitated by a 

proposed crossing improvement, shall be purchased or appropriated by the municipal corporation 

or county in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised 

Code. The land or property required to make the alteration in the railroad necessitated by the 

proposed improvement shall be purchased or appropriated by the railroad company in the 

manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The municipal 
205 

corporation or county may also acquire the land or property, or a part thereof, required to make 

the alteration in the railroad and subsequently sell the same or a part thereof at private sale to the 

railroad for such purposes, and execute and deliver a deed for it. 

Ohio Rev. Code Ann. § 4957.04 (West 2021) 

§ 4957.05 Apportionment of cost 

The cost of the construction of the improvement in a crossing, including the cost of land or 

property purchased or appropriated, and the payment of damages to abutting property shall be 

apportioned as follows: 

(A) The railroad company, or companies if several railroads cross a public way at or near the 

same point, shall pay, unless otherwise agreed upon, fifteen per cent; 

(B) The municipal corporation or county shall pay eighty-five per cent. 

Ohio Rev. Code Ann. § 4957.05 (West 2021) 

§ 4957.06 Cost of maintenance of bridge borne by county or state 

After the completion of the crossing alteration, the crossings and approaches shall be kept in 

repair as follows: 

(A) When the public way crosses a railroad, or railroad and interurban railroad, by an overhead 

bridge, the cost of maintenance must be borne by the county or the state as may be provided by 

law. 

(B) When the public way passes under a railroad, or railroad and interurban railroad, the bridge 

and its abutments shall be kept and maintained by the railroad company, or the railroad company 

and interurban railroad company, as the case may be, in such proportions as are fixed by 

agreement between the parties or, in the absence of such agreement, in such proportions as may 

be fixed by the court of common pleas of the county in which the improvement is located, and 

the public way and its approaches shall be maintained and kept in repair by the county in which 

they are situated or by the state as may be provided by law. 

Ohio Rev. Code Ann. § 4957.06 (West 2021) 

§ 4957.09 Grade crossing on county line road 

When a grade crossing is on a county line road, the boards of county commissioners of the 

counties in which such crossing is situated may join in all the proceedings necessary for the 

abolition of such grade crossing. That part of the cost of making such change in the crossing and 

of keeping it in repair which is not agreed to be paid by the railroad company shall be paid by the 

counties in equal proportions. The money for such purpose shall be raised as in cases of county 

road crossings. 

Ohio Rev. Code Ann. § 4957.09 (West 2021) 

§ 4957.10 Powers as to grades above or below railroad tracks 

Any municipal corporation may raise or lower, or cause to be raised or lowered, the grade of any 

street or way owned by it, either within or without its municipal limits, above or below railroad 

tracks, and may require any railroad company operating a railroad across such streets or ways to 

raise or lower the grade of its tracks and may construct ways or crossings above the tracks of any 

railroad, or require the railroad company to construct ways or crossings that are to be passed 

under its tracks. “Railroad” includes interurban railroads and “railroad company” includes 
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interurban railroad companies engaged in the operation of cars by electricity or other motive 

power. Any municipal corporation may require such railroad company to erect permanent piers, 

abutments, or any other appropriate supports in the ways, crossings, streets, roads, or alleys, 

whenever in the opinion of the legislative authority of the municipal corporation, the raising or 

lowering of the grade of any such railroad tracks, or the raising or lowering of the construction of 

such ways, crossings, or other supports may be necessary, upon the conditions set forth in 

sections 4957.10 to 4957.26, inclusive, of the Revised Code. 

Ohio Rev. Code Ann. § 4957.10 (West 2021) 

§ 4957.11 Changes in location of public ways 

When the legislative authority of a municipal corporation deems it necessary in the abolishment 

of grade crossings to change the location of any street, alley, road, or way such legislative 

authority may relocate such street, alley, road, or way, or any part thereof, may vacate the whole 

or any portion of such street, alley, road, or way abandoned by such relocation, and cause the 

improvements contemplated to be placed in such relocated street, alley, road, or way. 

Ohio Rev. Code Ann. § 4957.11 (West 2021) 

§ 4957.14 Petition to court 

Either the municipal corporation or the railroad company, after the expiration of three months 

from the passage of the ordinance referred to by section 4957.12 of the Revised Code, may apply 

to the court of common pleas by petition accompanied by the necessary plans prepared by the 

municipal corporation or company, asking that any grade crossing be abolished. Such plans must 

show the grades to be established for such streets, the changes to be made in the location of 

streets, alleys, roads, or ways, the height, character, and estimated cost of any viaduct or way 

above or below railroad tracks, the number, character, and location of piers, abutments, and 

supports to be permanently located in the streets, alleys, roads, or ways in the municipal 

corporation, and the change of grade to be made in any railroad tracks, including sidetracks and 

switches. 

Ohio Rev. Code Ann. § 4957.14 (West 2021) 

§ 4957.15 Procedure 

Upon the filing of a petition under section 4957.14 of the Revised Code, accompanied by plans, 

the railroad company or municipal corporation opposed to the prayer of such petition, or directly 

interested in it, shall have the right, within sixty days thereafter, to file an answer to such petition 

and to present other plans for the abolition of such crossing. After the expiration of such period 

of sixty days, the court shall proceed to a hearing upon the petition and any answers that have 

been filed, which hearing must be advanced upon the docket upon motion of either party. After 

examination of all plans presented to it and after hearing the evidence, the court shall make a 

finding as to whether the security and convenience of the public require that alterations be made 

in the crossing or the approaches to it, or in the location of the railroad or public way, or any 

grades thereof, so as to avoid a crossing at common grade, or that such crossings, or any of them, 

be discontinued with or without building a new way in substitution therefor, and whether such 

plans or any of them are reasonable and practicable. 

Ohio Rev. Code Ann. § 4957.15 (West 2021) 
207 

§ 4957.18 Apportionment of cost between municipal corporation and railroad 

The cost of constructing a crossing improvement authorized, including the making of ways, 

crossings, or viaducts, above or below the railroad tracks, and the raising or lowering of the 

grades of the railroad tracks and sidetracks for such distance as is required by such municipal 

corporation and made necessary by such improvement, together with the cost of land or property 

purchased or appropriated, and damages to owners of abutting or other property, shall be borne, 

unless otherwise agreed upon, eighty-five per cent by the municipal corporation and fifteen per 

cent by such railroad company. The municipal corporation shall have a right of action against 

any such company for the recovery of fifteen per cent or other agreed proportion of such costs 

payable by it, with interest from the time they become due. Such municipal corporation and 

company may agree as to what part of the work shall be done by the company, and may fix the 

amount, or agree upon a method or basis for calculating and ascertaining the amount, to be 

allowed or credited to the company for doing the work. Such company shall be entitled to deduct 

from its fifteen per cent or other agreed proportion of the cost of the improvement, the expense 

incurred by it in the change of its grade required by the municipal corporation or made necessary 

by it under such specifications, but only if the amount of expense, or a method or basis for 

calculating it, has been agreed upon in writing between the municipal corporation and the 

company. If the amount of work done by the company, or made necessary by reason of such 

change of grade on lowering or raising its tracks, exceeds fifteen per cent or other agreed 

proportion of the cost of the improvement, then it shall have the right to recover the amount with 

interest in excess of fifteen per cent or other agreed proportion of the expenses, in an action at 

law against the municipal corporation. 

Ohio Rev. Code Ann. § 4957.18 (West 2021) 

§ 4957.19 Payment of railroad company's proportion of cost 

The legislative authority of a municipal corporation may, by ordinance, prescribe the manner and 

time of payment by a railroad company of the proportion of the cost of a crossing improvement 

which the company is required to pay. 

Ohio Rev. Code Ann. § 4957.19 (West 2021) 

§ 4957.24 Cost of maintenance 

After the completion of the work, crossings and approaches shall be kept in repair as follows: 

(A) When the public way crosses a railroad by an overhead bridge, the cost of maintenance must 

be borne by the municipal corporation; 

(B) When the public way passes under the railroad, the bridge and its abutments shall be kept 

and maintained by the railroad company, and the public way and its approaches shall be 

maintained and kept in repair by the municipal corporation in which they are situated. 

Ohio Rev. Code Ann. § 4957.24 (West 2021) 

§ 4957.28 Railroad crossings 

Every railroad company building a new line of road under its charter powers across a highway 

shall construct it above or below the grade of the highway, unless it is allowed to build it at grade 

as provided in sections 4957.30 to 4957.32, inclusive, of the Revised Code. Such company may 

exercise the power contained in its charter and the general laws for altering the grade and 

location of highways in order to avoid grade crossings. 
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Ohio Rev. Code Ann. § 4957.28 (West 2021) 

§ 4957.29 Highway crossings 

Every municipal corporation or other authority building a highway across an existing railroad 

shall construct it above or below the grade of such railroad, unless allowed to build at grade as 

provided by sections 4957.30 to 4957.32, inclusive, of the Revised Code. The cost of such work 

shall be paid, unless otherwise agreed upon, eighty-five per cent by such municipal corporation 

or other authority, and fifteen per cent by the company owning the railroad. “Railroad” includes 

interurban railroads, and “railroad company” includes interurban railroad companies engaged in 

the operation of cars by electricity or other motive power which said companies may adopt or 

use. The method or procedure for the construction of such highway and the manner of 

construction of it shall be governed by the laws regulating the abolition of grade crossings. 

Ohio Rev. Code Ann. § 4957.29 (West 2021) 

§ 4957.30 Petition for grade crossings 

When it is desired by a railroad company constructing a new railroad or in changing or altering 

the location of one previously constructed, or by any municipal corporation or authority 

constructing a new highway, that the railroad or highway should be so constructed that they will 

cross each other at the same grade, or if it is desired to divert, change, or alter an existing public 

highway, a petition shall be presented by the party desiring such construction or diversion, to the 

court of common pleas of the county within which the crossing or diversion is situated. If it is the 

authority constructing a highway asking for the right to cross a railroad, the railroad company 

shall be the defendant. If it is a railroad company asking for the right to cross a highway, or 

divert, change, or alter any existing public highway in a municipal corporation, such municipal 

corporation shall be the defendant. If outside the municipal corporation, and a road or highway 

other than on the state highway system, the board of township trustees of the township and the 

board of county commissioners of the county shall be the defendants. If it is a road or highway 

on the state highway system, the director of transportation shall be the defendant. Summons shall 

be served and the rule days and the rights of the defendants to plead shall be the same as in civil 

actions in such court. 

Ohio Rev. Code Ann. § 4957.30 (West 2021) 

§ 4957.31 Contents of petition 

The petition referred to in section 4957.30 of the Revised Code shall set forth the reasons that are 

supposed to make such change or alteration necessary or desirable. The court of common pleas 

thereupon shall have the jurisdiction of the parties and the subject matter of the petition, and may 

proceed to examine the matter, either by evidence, by reference to a master commissioner, or 

otherwise. If satisfied that such construction is reasonably required to accommodate the public, 

or to avoid excessive expense, in view of the small amount of traffic on the highway or railroad, 

and considering the future uses to which the highway may be adapted, or in view of the 

difficulties of other methods of construction, or for other good and sufficient reasons, the court 

shall make an order permitting such crossing at a grade or diversion to be established. In such 

order, the court may prescribe that gates, signals, watchmen, or other safeguards shall be 

maintained by the railroad company, in addition to the signals and safeguards prescribed by law, 

and all such orders shall be binding upon the parties and be observed by them. 
209 

All costs and expenses of the proceedings shall be ascertained and allowed by the court of 

common pleas and be paid by such party as it decides, or apportioned by the court between the 

parties, and may be collected by execution out of such court. 

Ohio Rev. Code Ann. § 4957.31 (West 2021) 

§ 5561.01 Road grade above or below railroad tracks 

Any county may raise or lower the grade of any state or intercounty highway above or below the 

tracks of railroads and parallel and adjacent interurban railways within the county, and require 

any railroad company operating a railroad in such county, and any interurban railway company 

operating an interurban railway parallel and adjacent to the railroad, to raise or lower the grade 

of its tracks, above or below any state or intercounty highway, and may construct ways or 

crossings for such highway above the tracks of any railroad and parallel and adjacent interurban 

railway, or require the railroad company and any interurban railway company operating an 

interurban railway, parallel and adjacent to such railroad, to construct ways or crossings therefor 

that are to be passed under its tracks. Such companies may be required to erect permanent piers, 

abutments, or any other appropriate supports for any of such works on state and intercounty 

highways within the county, whenever, in the opinion of the board of county commissioners, the 

raising or lowering of the grade of any such tracks, or the raising, lowering, or construction of 

such highways or supports is necessary; upon the terms of sections 4957.06 and 5561.01 to 

5561.15, inclusive, of the Revised Code. 

Ohio Rev. Code Ann. § 5561.01 (West 2021) 

§ 5561.06 Apportionment of cost between county and railroad; right of action 

The cost of constructing a grade crossing improvement, including the making of ways, crossings, 

or viaducts, above or below the railroad tracks, and the raising or lowering of the grades of the 

railroad tracks and sidetracks for such distance as required by the county and made necessary by 

such improvement, including the cost of moving or changing existing structures and other 

incidental expenses, together with the cost of land or property purchased or appropriated, and 

damages to owners of abutting or other property, shall be borne, unless otherwise agreed upon, 

eighty-five per cent by the county and fifteen per cent by such railroad company, including any 

interurban railroad company, the crossing of whose tracks with such highway is involved. 

The county shall have a right of action against such company for the recovery of the fifteen per 

cent of the costs payable by it, with interest from the time it becomes due such county and 

company may agree as to what part of the work is to be done by the company, and also fix the 

amount to be allowed or credited to the company for doing the work. Such company may deduct 

from its fifteen per cent of the cost of the improvement, the expense incurred by it in the change 

of its grade required by the county or made necessary by it under such specifications, but only in 

case the amount of the expense has been agreed upon in writing between the county and the 

company. If the amount of work done by the company, or made necessary by reason of such 

change of grade on lowering or raising its tracks, exceeds fifteen per cent of the cost of the 

improvement, then it may recover the amount with interest in excess of fifteen per cent of the 

expenses, in an action at law against the county. 

In connection with any such improvement, the board of county commissioners or the director of 

transportation, and the railroad company or any interurban railway company whose tracks are to 

be raised or lowered, or over or under whose tracks the proposed improvement is to pass, may 

agree as to the proportions of such construction, the cost of which is to be shared, and upon the 
210 

percentages of the cost to be borne by the county or state, and by the railroad company or 

interurban railway company, but if no such agreement is made this section shall apply. 

Ohio Rev. Code Ann. § 5561.06 (West 2021) 

Oklahoma (7) 

§ 81. Jurisdiction of Corporation Commission over crossings 

The Corporation Commission is given full jurisdiction over all public highway crossings, where 

same cross steam or electric railroads or railways within the State of Oklahoma. 

Okla. Stat. Ann. tit. 17, § 81 (West 2021)

§ 82. Expense of crossings 

The expense of construction and the maintenance of public highway grade crossings shall be 

borne by the railroad or railway company involved. For overgrade or undergrade public highway 

crossings over or under steam or electric railroad or railway, the assignment of cost and 

maintenance shall be left to the discretion of the Corporation Commission; but in no event shall 

the city, town or municipality be assessed with more than fifty percent (50%) of the actual cost 

of such overgrade or undergrade crossings. 

Okla. Stat. Ann. tit. 17, § 82 (West 2021)

*§ 84. Location and kind of crossing 

The Corporation Commission shall have exclusive jurisdiction to determine and prescribe the 

particular location of highway crossings, for steam or electric railways, the protection required, 

to order the removal of all obstructions as to view of such crossings, to alter or abolish any such 

crossings, and to require, where practicable, a separation of grade at any such crossing, 

heretofore or hereafter established. 

Okla. Stat. Ann. tit. 17, § 84 (West 2021) 

§ 86. Extra hazardous crossings--Protective devices--Costs 

The Oklahoma Corporation Commission shall have the authority, after having made proper 

investigations, to designate those grade crossings which are extra hazardous. At all such 

crossings so designated, the Commission shall have the authority to order the installation of 

appropriate protective devices. All such installations to be performed by the railroad. The 

Commission shall have the authority to determine the number, type, and location of such signs, 

signals, gates or other protective devices, which, however, shall conform as near as may be with 

generally-recognized national standards, and said Commission shall have authority to prescribe 

the division of the cost of the installation of such signs, signals, gates or other protective devices 

between the public utility and the state or its political subdivisions; provided, however, that the 

cost to the utility shall be not less than ten percent (10%) or more than twenty-five percent (25%) 

of the total costs. The railroads shall be responsible for all subsequent maintenance and cost 

thereof. Provided, however, that the results of investigation or investigations, findings, 

determinations, or orders of the Corporation Commission shall not be admissible in any civil 

action. 

Okla. Stat. Ann. tit. 17, § 86 (West 2021)
211 

§ 87. Payment of state costs 

All such division of costs that become an obligation of the state shall be paid from funds 

accruing to the credit of the State Highway Construction and Maintenance Fund under 68 

O.S.1963, Supp., § 5-504(b), and all such division of costs that become an obligation of a 

municipal corporation or other political subdivision of the state shall be paid from the funds 

accruing to the various counties of the state under 68 O.S.1963 Supp., § 5-504(d). 

Okla. Stat. Ann. tit. 17, § 87 (West 2021)

§ 122. Temporary ways 

Every railroad corporation, while employed in raising or lowering any turnpike or other way, or 

in making any other alterations, by means of which the said way may be obstructed, shall 

provide and keep in good order, suitable temporary ways to enable travelers to avoid or pass 

such obstructions. 

Okla. Stat. Ann. tit. 66, § 122 (West 2021) 

*§ 128. Construction and maintenance of crossings 

A. It shall be the duty of every railroad company or corporation doing business, or operating a 

line of railroad, within this state, to construct a crossing across that portion of its track, roadbed 

or right-of-way over which any public highway may run, and maintain the same unobstructed, in 

a good condition for the use of the public, and to build and maintain in good condition all bridges 

and culverts that may be necessary on its right-of-way at such crossing. 

B. Any railroad company or corporation that fails to construct and maintain said crossing in 

accordance with the recommendations set forth in the United States Department of 

Transportation Railroad-Highway Grade Crossing Handbook, for thirty (30) days after written 

notice by the Oklahoma Corporation Commission to the agent or employee of any railroad 

company or corporation in the county where such work or repairs are needed, shall be subject to 

a contempt proceeding before the Oklahoma Corporation Commission. 

Okla. Stat. Ann. tit. 66, § 128 (West 2021) 

Oregon (17) 

§ 374.305. Permission to build on rights of way 

(1) A person may not place, build or construct on the right of way of any state highway or county 

road, any approach road, structure, pipeline, ditch, cable or wire, or any other facility, thing or 

appurtenance, or substantially alter any such facility, thing or appurtenance or change the manner 

of using any such approach road without first obtaining written permission from the Department 

of Transportation with respect to state highways or the county court or board of county 

commissioners with respect to county roads. 

(2) After written notice of not less than 10 days to the permittee and an opportunity for a hearing, 

the department with respect to crossings over a state highway and the county court or board of 

county commissioners with respect to crossings over a county road may abolish any crossing at 

grade by a private road or may alter or change any private road crossing when the public safety, 

public convenience and the general welfare require the alteration or change. 

Or. Rev. Stat. Ann. § 374.305 (West 2021) 

§ 824.018. Grade Crossing Protection Account 
212 

(1) There is established in the State Highway Fund an account to be known as the Grade 

Crossing Protection Account. There shall be credited to the account each fiscal year, from funds 

received by the State Highway Fund from the registration of vehicles and licensing of drivers 

under the Oregon Vehicle Code, the sum of $300,000 plus an amount equal to 50 percent of the 

cost of carrying out the duties, functions and powers imposed upon the Department of 

Transportation by ORS 824.200 to 824.256. State-shared highway fund revenues for cities and 

counties, as well as Department of Transportation expenditures for the elimination of hazardous 

railroad-highway crossings, shall be computed and allocated prior to any appropriation or 

transfer to the account. The amount of $300,000 credited to the account is continuously 

appropriated and shall be expended for railroad-highway crossing safety as authorized by ORS 

824.242 to 824.248 and subsection (2) of this section. The amount credited to the account for 

paying the cost of carrying out the duties, functions and powers of the department by ORS 

824.200 to 824.256 is transferred and appropriated to the Department of Transportation and shall 

be used as provided in ORS 824.010 (3). No more than $100,000 in the aggregate shall be 

allocated from the account in any one fiscal year for costs of construction, reconstruction, 

alteration or relocation of separated crossings; provided however the unapportioned amount in 

the Grade Crossing Protection Account at the end of each fiscal year may be allocated for costs 

of reconstruction, alteration or relocation of separated crossings. 

(2) Moneys credited to the account may also be allocated for such highway purposes as the 

Department of Transportation deems appropriate in order to enhance safety at railroad-highway 

crossings. The Department of Transportation may allocate no more than $100,000 annually to 

railroads to defray the costs of maintenance of protective devices at railroad-highway crossings. 

(3) As used in this section, “highway,” “maintenance costs,” “protective device” and “railroad” 

have the meaning given those terms in ORS 824.200. 

Or. Rev. Stat. Ann. § 824.018 (West 2021) 

*§ 824.019. Grade Crossing Safety Improvement Fund 

(1) The Grade Crossing Safety Improvement Fund is established separate and distinct from the 

General Fund. Interest earned by the Grade Crossing Safety Improvement Fund shall be credited 

to the fund. 

(2) Notwithstanding ORS 823.991, all civil penalties collected under ORS 824.222 and 824.223 

shall be paid by the Department of Transportation into the State Treasury within 30 days after the 

collection thereof and shall be placed by the State Treasurer to the credit of the Grade Crossing 

Safety Improvement Fund. Moneys in the fund are continuously appropriated to the Department 

of Transportation for the purpose of grade crossing safety improvement projects. 

Or. Rev. Stat. Ann. § 824.019 (West 2021) 

*§ 824.202. Authority to regulate crossings 

It is the policy of this state to achieve uniform and coordinated regulation of railroad-highway 

crossings and to eliminate crossings at grade wherever possible. To these ends, authority to 

control and regulate the construction, alteration, and protection of railroad-highway crossings is 

vested exclusively in the state, and in the Department of Transportation as provided in ORS 

824.200 to 824.256. 

Or. Rev. Stat. Ann. § 824.202 (West 2021) 
213 

§ 824.204. Application to construct grade crossings 

(1) Except for the repair of lawfully existing roads and highways or the replacement of tracks, no 

highway shall be constructed across the track of any railroad company at grade, nor shall the 

track of any railroad company be constructed across a highway at grade, without having first 

secured the permission of the Department of Transportation. 

(2) Whenever any railroad company desires to cross any established and existing highway at 

grade or any public authority desires to lay out and extend any highway over and across any 

established and existing railroad at grade, it shall file with the department its application setting 

forth the objections and difficulties of making such crossing either above or below the grade of 

the existing highway or railroad. 

(3) Upon receipt of the above application the department, after hearing, unless a hearing is not 

required under ORS 824.214, shall: 

(a) Determine whether the public safety, public convenience and general welfare require a grade 

separation; and 

(b) In the event a grade separation is not required, determine whether the application should be 

refused or granted, and upon what terms and conditions. 

(4) If the grade crossing is approved, the department shall determine and prescribe the manner of 

its construction, maintenance and use, the kind and location of protective devices to be installed, 

the allocation of costs and the place of the crossing. 

Or. Rev. Stat. Ann. § 824.204 (West 2021) 

*§ 824.206. Elimination or alteration of crossing; installation of protective devices 

(1) The Department of Transportation may, upon its own motion or upon application by a 

railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not 

required under ORS 824.214, and upon finding that such action is required by the public safety, 

necessity, convenience and general welfare: 

(a) Eliminate a grade crossing by relocation of the highway; 

(b) Alter or abolish any grade crossing or change the location thereof, or require a separation of 

grades at any such crossing; 

(c) Alter or change any existing crossing at separated grades; 

(2) The department shall prescribe the time and manner of such alteration, change, installation or 

alteration, and the terms and conditions thereof. 

Or. Rev. Stat. Ann. § 824.206 (West 2021) Excerpt from applicable section of statute published. 

824.210. Authority to construct crossings above or below grade 

No highway shall be constructed across the track of any railroad company above or below grade, 

nor shall the track of any railroad company be constructed across a highway above or below 

grade, without having first secured the permission of the Department of Transportation. If 

permission is granted, the department shall, after a hearing, unless hearing is not required under 

ORS 824.214, prescribe the terms and conditions upon which such crossing shall be made and 

shall allocate the cost of construction and maintenance. 

Or. Rev. Stat. Ann. § 824.210 (West 2021) 

§ 824.212. Crossing construction and maintenance specifications; application; priorities 
214 

(1) The Department of Transportation shall adopt regulations prescribing specifications for the 

construction and maintenance of railroad-highway crossings, both at grade level and at separated 

grades. The specifications shall be developed in consultation with representatives of cities and 

counties and shall conform to nationally recognized and commonly used standards to ensure that 

the crossings are constructed and maintained in a manner that conforms to the public safety, 

necessity, convenience and general welfare, including but not limited to the projected 

transportation needs. 

(2) Specifications for separate crossings adopted under subsection (1) of this section do not apply 

to crossings in existence on the effective date of the regulation prescribing the specifications. 

However, within a reasonable period after the effective date, crossings shall be altered or 

reconstructed to comply with the regulations in effect at the time of the alteration or 

reconstruction. 

(3) Priorities for such alterations or reconstruction shall be established by the Department of 

Transportation, based upon the expressed need of the public authority in interest, and upon such 

other factors as danger or inconvenience to motorists, age of the structure, frequency of reported 

accidents and degree of noncompliance with regulations. 

(4) If the public authority in interest or the railroad company fails to so alter or reconstruct a 

crossing, the department, after following the procedures specified in ORS chapter 183 for 

contested cases, may order the alteration or reconstruction and proceed in accordance with ORS 

824.216. 

Or. Rev. Stat. Ann. § 824.212 (West 2021) 

§ 824.226. Unsafe or dangerous crossings; notice and hearing; order to close or install 

protective devices 

(1) The Department of Transportation on its own motion may, or upon application by the 

common council or mayor of any city, or any county judge or county commissioner or county 

roadmaster, or by five or more residents and taxpayers in any city, county or road district to the 

effect that a public highway and a railroad cross one another in such city, county or road district 

at the same level, and that such grade crossing is unsafe and dangerous to travelers over such 

highway or railroad, shall, give notice to the railroad company, of the filing of such application, 

and furnish a copy of the same to the railroad company, and order a hearing thereon in the 

manner provided for contested case hearings under ORS chapter 183. 

(2) If upon such hearing it appears to the satisfaction of the department that the crossing 

complained of is unsafe and dangerous to human life, the department may order the crossing 

closed or order and direct the railroad or public authority to install and maintain proper 

protective devices, and establish a date by which such devices are to be installed and placed into 

operation. The department shall apportion the installation and maintenance costs thereof in 

accordance with ORS 824.242 to 824.246, and, notwithstanding the provisions of ORS chapter 

183, shall suspend the effective date of the order until the public authority in interest has 

consented to the apportionment and has agreed to comply therewith. 

Or. Rev. Stat. Ann. § 824.226 (West 2021) 

§ 824.238. Costs divided between railroad and public authority 

The following costs shall be divided between the railroad and the public authority in interest in 

such proportion as the Department of Transportation finds just and equitable under the 

circumstances in each case: 
215 

(1) That portion of the cost of any alteration or change resulting in the elimination of a grade 

crossing under ORS 824.206 (1) by reason of relocation of the highway which is directly 

chargeable to the grade elimination. 

(2) The costs of construction, change, alteration, abolition and relocation of any grade crossing 

involved in a proceeding arising under ORS 824.204, 824.206 or 824.226. 

(3) The costs of maintenance of crossings above or below grade under ORS 824.206 and 

824.210. 

(4) Any cost otherwise apportionable under the terms of ORS 824.242 to 824.246 or 824.248 (1) 

to the extent that funds are not available from the Grade Crossing Protection Account. 

Or. Rev. Stat. Ann. § 824.238 (West 2021) 

§ 824.240. Crossings on state highways, sources of funding 

(1) As to all crossings above or below grade constructed on state highways, the proportion of 

expense to be borne by public authority in interest shall be paid from the state highway funds. 

(2) Any public authority in interest acting through its governing body may, at its option, by 

agreement with the Department of Transportation, bear a share of the expense of constructing 

any railroad crossing above or below grade on a state highway. 

(3) If federal funds allocated specifically for removal of hazards at hazardous railroad-highway 

crossings are available for any part of the work to be performed, the Department of 

Transportation shall cause such funds to be used for such purposes. 

Or. Rev. Stat. Ann. § 824.240 (West 2021) 

§ 824.242. Installation costs for protective devices to be apportioned 

In any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, unless the 

parties agree otherwise, installation costs of protective devices shall be apportioned as follows: 

(1) At an existing crossing, a crossing relocated pursuant to ORS 824.206 or 824.226, or a 

crossing previously closed by order of the Department of Transportation and reopened in a 

proceeding under ORS 824.204: 

(a) For devices to be installed at or in advance of the crossing and which are activated 

immediately in advance of, and during, each train movement over the crossing: 

(A) Seventy-five percent to the Grade Crossing Protection Account; 

(B) Five percent to the public authority in interest; and 

(C) Twenty percent to the railroad company. 

(b) For devices which are primarily designed for the purpose of illuminating the crossing or its 

approaches during hours of darkness: 

(A) Not less than 90 percent to the Grade Crossing Protection Account; 

(B) Not more than five percent to the public authority in interest; and 

(C) Not more than five percent to the railroad company for such devices to be installed at the 

crossing. 

(c) For all other protective devices: 

(A) Seventy-five percent to the Grade Crossing Protection Account; and 

(B) Twenty-five percent to the public authority in interest for such devices to be installed by it at 

or in advance of the crossing; or 

(C) Twenty-five percent to the railroad company for such devices to be installed by it at the 

crossing. 
216 

(2) Except as provided in subsection (4) of this section, at a new crossing requested by a public 

authority, 100 percent of the installation costs shall be paid by the public authority in interest. 

(3) Except as provided in subsection (4) of this section, at a new crossing requested by a railroad 

company, 100 percent of the installation costs shall be paid by the railroad company. 

(4) If the Department of Transportation converts an unauthorized railroad-highway crossing to a 

crossing authorized under ORS 824.204, the department shall apportion installation costs of 

protective devices as provided in subsection (1) of this section, or, if federal funds are available, 

installation costs may be apportioned as provided in ORS 824.250. 

Or. Rev. Stat. Ann. § 824.242 (West 2021) 

§ 824.244. Maintenance costs for protective devices to be apportioned 

Unless the parties agree otherwise, maintenance cost of protective devices at grade crossings 

installed pursuant to ORS 824.204, 824.206 or 824.226 shall be apportioned as follows: 

(1) One hundred percent to the railroad company for devices at the crossing actually installed 

and maintained by the railroad. 

(2) One hundred percent to the public authority in interest for devices at or in advance of the 

crossing actually installed and maintained by the authority, except as provided under subsection 

(3) of this section. 

(3) Fifty percent to the railroad company, and 50 percent to the public authority in interest, for 

devices at the crossing installed and maintained by the public authority which are primarily 

designed for the purpose of illuminating the crossing during hours of darkness and which are not 

activated immediately in advance of, or during, each train movement. 

Or. Rev. Stat. Ann. § 824.244 (West 2021) 

§ 824.246. Crossing closure costs to be apportioned 

If in any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, the 

Department of Transportation requires the closure of any existing crossing within the jurisdiction 

of the public authority in interest, the department may apportion to the railroad company, for 

such crossing closed, an amount not to exceed five percent of the cost of installation of 

protective devices at any new or other existing crossing within the jurisdiction of the public 

authority in interest. Any additional costs paid by the railroad company shall reduce the share 

otherwise apportionable to the public authority in interest. 

Or. Rev. Stat. Ann. § 824.246 (West 2021) 

§ 824.248. Costs for constructing or altering crossings above or below grade to be 

apportioned 

In any proceeding involving a crossing above or below grade arising under ORS 824.206 or 

824.210, unless the parties agree otherwise, the cost of construction, reconstruction, or alteration 

of such crossings shall be apportioned as follows: 

(1) At existing crossings above or below grade: 10 percent of the cost of reconstruction or 

alteration to the public authority in interest and all remaining costs of reconstruction or alteration 

to the Grade Crossing Protection Account and the railroad in interest as is just and equitable 

under the circumstances in each case. 

(2) At a new crossing requested by a public authority: All construction costs to the public 

authority in interest. 
217 

(3) At a new crossing requested by a railroad company: All construction costs to the railroad 

company. 

Or. Rev. Stat. Ann. § 824.248 (West 2021) 

§ 824.250. Apportionment of federal funds; remaining costs 

In the event any protective device is to be installed or altered at an existing or relocated crossing 

or any reconstruction or alteration is made at an existing separation structure, with the aid of any 

federal funds administered by the Federal Highway Administration of the United States 

Department of Transportation, the Oregon Department of Transportation shall, unless the parties 

agree otherwise: 

(1) Apportion the amount of such federal funds to payment of installation, reconstruction, or 

alteration costs; and 

(2) Apportion the remaining costs of installation, reconstruction, alteration, and maintenance as 

provided by ORS 824.238 and 824.242 to 824.248; however, in a case where the federal fund 

assistance equals or exceeds 75 percent of the cost of installing, altering and reconstructing 

protective devices at an existing or relocated crossing, the remaining costs, except for 

maintenance costs, may be allocated entirely to the Grade Crossing Protection Account. 

Or. Rev. Stat. Ann. § 824.250 (West 2021) 

§ 824.254. Submission of progress claims for reimbursement; audit; estimate of project 

costs 

(1) Upon issuance of an order apportioning costs to the Grade Crossing Protection Account, the 

railroad company or the public authority in interest may submit to the Department of 

Transportation progress claims, not to exceed 80 percent of the apportionment, for 

reimbursement for the cost of labor, and other services provided to date of billing, and for the 

costs of materials stockpiled at the project site or specifically purchased and delivered for use on 

the project. Upon completion of the construction, reconstruction or alteration of a crossing, or of 

the installation or alteration of grade crossing warning or safety devices at a crossing, the railroad 

company or the public authority in interest shall present to the department for approval its claim 

for reimbursement for the costs thereof in the amount apportioned to the Grade Crossing 

Protection Account less progress payments previously made. When a claim is approved, the 

department shall, as funds become available, order the claim paid from the account. 

(2) The department may make such audit as the department considers necessary before or after 

each such disbursement for the purpose of determining that the money is expended for the 

purposes and under the conditions authorized by ORS 824.242 to 824.248. By presentation of its 

claim, the railroad company and the public authority consent to make pertinent records showing 

costs of labor and materials available to the department. 

(3) Notwithstanding subsection (1) of this section, upon issuance of an order apportioning costs 

to the Grade Crossing Protection Account, and upon agreement with the Department of 

Transportation, the railroad company or public authority in interest shall submit an estimate of 

the costs of the project. The railroad company or public authority in interest may submit 

statements for lump-sum reimbursement from the account during and at the completion of the 

construction, reconstruction or alteration of a crossing, or of the installation or alteration of a 

grade crossing warning or safety device at a crossing. 

Or. Rev. Stat. Ann. § 824.254 (West 2021) 
218 

Pennsylvania (6) 

§ 2111. Proceedings to vacate grade crossings 

Wherever any railroad is or shall be crossed at grade by a public road, street, or highway, and the 

railroad company shall have constructed or shall construct, or there shall have been or shall be 

constructed by others, with such company's consent, an undergrade subway or an overgrade 

bridge or crossing, sufficiently near said public crossing to reasonably accommodate the 

traveling public, the court of quarter sessions of the county in which the said crossing exists, 

upon petition of said railroad company or other persons, may, if satisfied that said undergrade 

subway or overgrade bridge or crossing reasonably accommodates the traveling public, after 

notice to any corporation using or occupying or authorized to use or occupy the street, proposed 

to be vacated, with tracks, wires, pipes or conduits, and, by rule to show cause, to the supervisors 

if the said crossing is in a township, or to the burgess or mayor if said crossing is in a borough or 

city, and after testimony, taken either in open court or by deposition, as the court may direct, 

order that said road, street, or highway where it crosses said railroad at grade, and its approaches 

on both sides, shall be vacated, and that the said undergrade crossing or subway or the overgrade 

bridge or crossing and its approaches on both sides, substituted therefor, shall be a public 

highway, and be maintained by the proper authorities; and any company which had rights in or 

upon the street so vacated shall have, and be permitted to exercise, the same rights upon said 

streets, highways, bridges, and subways so opened, and to connect the same with its system 

without obtaining further authority or consent. 

36 Pa. Stat. And Cons. Stat. Ann. § 2111 (West 2021) 

§ 2702. Construction, relocation, suspension and abolition of crossings 

(a) General rule.--No public utility, engaged in the transportation of passengers or property, 

shall, without prior order of the commission, construct its facilities across the facilities of any 

other such public utility or across any highway at grade or above or below grade, or at the same 

or different levels; and no highway, without like order, shall be so constructed across the 

facilities of any such public utility, and, without like order, no such crossing heretofore or 

hereafter constructed shall be altered, relocated, suspended or abolished. 

(b) Acquisition of property and regulation of crossing.--The commission is hereby vested with 

exclusive power to appropriate property for any such crossing, except as to such property as has 

been or may hereafter be condemned by the Department of Transportation for projects financed 

entirely by the Commonwealth and for Federal Aid Projects under section 1004 of the act of June 

1, 1945 (P.L. 1242, No. 428), known as the “State Highway Law,”1 in which case the provisions 

of that statute shall be in effect, and to determine and prescribe, by regulation or order, the points 

at which, and the manner in which, such crossing may be constructed, altered, relocated, 

suspended or abolished, and the manner and conditions in or under which such crossings shall be 

maintained, operated, and protected to effectuate the prevention of accidents and the promotion 

of the safety of the public. The commission shall require every railroad the right-of-way of which 

crosses a public highway at grade to cut or otherwise control the growth of brush and weeds 

upon property owned by the railroad within 200 feet of such crossing on both sides and in both 

directions so as to insure proper visibility by motorists. 

(c) Mandatory relocation, alteration, suspension or abolition.--Upon its own motion or upon 

complaint, the commission shall have exclusive power after hearing, upon notice to all parties in 

interest, including the owners of adjacent property, to order any such crossing heretofore or 

hereafter constructed to be relocated or altered, or to be suspended or abolished upon such 
219 

reasonable terms and conditions as shall be prescribed by the commission. In determining the 

plans and specifications for any such crossing, the commission may lay out, establish, and open 

such new highways as, in its opinion, may be necessary to connect such crossing with any 

existing highway, or make such crossing more available to public use; and may abandon or 

vacate such highways or portions of highways as, in the opinion of the commission, may be 

rendered unnecessary for public use by the construction, relocation, or abandonment of any of 

such crossings. The commission may order the work of construction, relocation, alteration, 

protection, suspension or abolition of any crossing aforesaid to be performed in whole or in part 

by any public utility or municipal corporation concerned or by the Commonwealth or an 

established nonprofit organization with a recreational or conservation purpose. 

(d) Procedure for appropriation of property.--When any real property is appropriated by the 

commission under this section, each parcel of such property so appropriated, shall be accurately 

described by metes and bounds, and the record owner of each such parcel shall be named in the 

order of appropriation. Unless otherwise recorded, the commission shall file with the recorder of 

deeds of the proper county, a copy of that portion of the order of the commission which 

appropriates such property, and such plans and other detailed information as the commission 

may deem necessary. Such portion of the commission's order dealing with the specific property 

appropriated shall be recorded and indexed under the name or names of the record owners of 

such specific property at the expense of the utility or utilities, political subdivision, municipality 

or municipalities, governmental agency, including the Department of Transportation and Public 

Utility Commission, corporation or persons upon whose instigation, petition or complaint the 

said crossing was constructed, reconstructed, relocated, altered, suspended or abolished, as may 

be ordered, to bear such expense or recording by the commission. When such appropriation of 

real property has been recorded under the provisions of any other statute, such recording shall 

not be duplicated under the terms of this subsection. 

(e) Reactivation.--The commission may, within its discretion upon petition by any railroad, the 

Commonwealth, a political subdivision or any other affected party by order reactivate any 

crossing suspended under this section. 

(f) Danger to safety.--Upon the commission's finding of an immediate danger to the safety and 

welfare of the public at any such crossing, the commission shall order the crossing to be 

immediately altered, improved, or suspended. Thereafter hearing shall be held and costs shall be 

allocated in the manner prescribed in this part. 

(g) Suspensions.--Any order of suspension under this section shall require the following for the 

protection of the motoring public: 

(1) Removal or covering of crossing warning devices. 

(2)(i) Paving over the tracks; or 

(ii) removal of the tracks and paving over of the area formerly occupied by said tracks; or 

(iii) barricading the crossing. 

(h) Assignment of crossing responsibilities to certain nonprofit organizations.-- 

(1) The commission may order the work of abolition of any crossing in whole or in part, 

including any future obligations, to be performed by a municipal authority created to advance 

recreation or conservation purposes or a nonprofit organization with a recreation or conservation 

purpose if: 

(i) the municipal authority or nonprofit organization provides adequate security for the work or 

demonstrates financial responsibility to the satisfaction of the commission; and 
220 

(ii) the commission does not order any Commonwealth agency to bear ancillary responsibility 

for the work of abolition of any crossing, or the cost associated with the work, without the prior 

written consent of the head of the Commonwealth agency. 

(2) In accordance with the provisions of section 2704 (relating to compensation for damages 

occasioned by construction, relocation or abolition of crossings), the commission may order the 

municipal authority or nonprofit organization assuming responsibility for the abolition of the 

crossing to bear all or a portion of the costs associated with the work. This section shall not apply 

to any proceeding wherein the commission has issued a final order prior to the effective date of 

its enactment. 

66 Pa. Stat. and Cons. Stat. Ann. § 2702 (West 2021) 

§ 2704. Compensation for damages occasioned by construction, relocation or abolition of 

crossings 

(a) General rule.--The compensation for damages which the owners of adjacent property taken, 

injured, or destroyed may sustain in the construction, relocation, alteration, protection, or 

abolition of any crossing under the provisions of this part, shall, after due notice and hearing, be 

ascertained and determined by the commission. Such compensation, as well as the cost of 

construction, relocation, alteration, protection, or abolition of such crossing, and of facilities at or 

adjacent to such crossing which are used in any kind of public utility service, shall be borne and 

paid, as provided in this section, by the public utilities, municipal corporations, municipal 

authority or nonprofit organization authorized under section 2702(h) (relating to construction, 

relocation, suspension and abolition of crossings) concerned, or by the Commonwealth, in such 

proper proportions as the commission may, after due notice and hearing, determine, unless such 

proportions are mutually agreed upon and paid by the interested parties. 

(b) Judicial review.--Any party to the proceeding dissatisfied with the determination of the 

commission may appeal therefrom, as provided by law, and for this purpose is hereby authorized 

to sue the Commonwealth. The commission may, of its own motion, or upon application of any 

party in interest, submit to the court of common pleas of the county wherein the property 

affected is located, the determination of the amount of damages to any property owner due to 

such condemnation, for which purpose such court shall appoint viewers, from whose award of 

damages an appeal to said court shall lie on the part of any person or party aggrieved thereby, 

under the general law applicable to the appointment of viewers, for the ascertainment of damages 

due to the condemnation of private property for public use. 

(c) Payment of compensation.--The amount of damages or compensation determined and 

awarded to be paid the owners of adjacent property by the Commonwealth shall, in each 

instance, be paid by the State Treasurer, on a warrant drawn by the State Treasurer, upon the 

presentation to that officer of a statement setting forth the amount determined to be paid as 

aforesaid, duly certified by the commission; such payment to be paid out of any funds 

specifically appropriated for the improvement of the roads or highways of this Commonwealth; 

and in case of a verdict and judgment thereon for the damages or compensation, recorded by any 

such adjacent property owners upon appeal, the same shall be paid out of any funds appropriated 

as aforesaid; and any court of common pleas hearing and determining such appeal is hereby 

authorized and empowered to issue a writ of mandamus to such commission and the State 

Treasurer, or either of them, as the case may require, for the payment of such judgment. 

(d) Recovery of compensation.--The commission shall have the right to recover, for and on 

behalf of the Commonwealth, by due process of law, as debts of like amount are now by law 
221 

recoverable, from the public utility or municipal corporation concerned, in such amounts or 

proportions against each as may be determined by the commission, as hereinbefore provided in 

this section, the amount of the damages or compensation awarded to the owners of adjacent 

property by the commission, or by the court, and the amounts so received shall be paid into the 

State Treasury, through the Department of Revenue, to the credit of the Motor License Fund. 

66 Pa. Stat. and Cons. Stat. Ann. § 2704 (West 2021) 

§ 23118. To regulate railway bridges, crossings, safety-gates and flagmen 

To provide for and require the construction and maintenance of bridges or other crossings over 

or under railroad tracks, and to enter into contracts with railroad companies for the construction 

and maintenance of the same; to require the erection of safety-gates, and the placing of flagmen 

at the intersection of railroads with public streets; to forbid the obstruction of the said crossings 

by locomotives or railroad cars, and also to make reasonable regulations concerning the rate of 

speed at which locomotives, cars or trains shall pass upon or across the streets within the built-up 

portions of the city. 

53 Pa. Stat. And Cons. Stat. Ann. § 23118 (West 2021) 

*§ 57083. Railroad crossings 

(a) Every township constructing a street across a railroad shall construct the same above or 

below the grade of the railroad, unless permitted by the Pennsylvania Public Utility Commission 

to construct the street at grade. 

(b) Any new construction of a street crossing a railroad or any vacation of any street crossing a 

railroad shall be constructed or vacated only in the manner consistent with the rules and 

regulations and under the jurisdiction of the Pennsylvania Public Utility Commission. 

(c) Compensation for damages to the owners of adjacent property taken, injured or destroyed by 

the construction of a street crossing a railroad or any vacation of any street crossing a railroad 

shall be ascertained, fixed and paid under 66 Pa.C.S. Pt. I (relating to public utility code). 

53 Pa. Stat. And Cons. Stat. Ann. § 57083 (West 2021) 

§ 67321. Railroad crossings 

(a) Every township constructing a road across a railroad shall construct the road above or below 

the grade thereof unless permitted by the Pennsylvania Public Utility Commission to construct 

the road at grade. 

(b) Any crossing of a railroad by a road or any vacation of any road crossing a railroad shall be 

made only under the jurisdiction of the Pennsylvania Public Utility Commission. Compensation 

for damages to the owners of adjacent property taken, injured or destroyed shall be determined 

under 66 Pa.C.S. (relating to public utilities). 

53 Pa. Stat. And Cons. Stat. Ann. § 67321 (West 2021) 

Rhode Island (5) 

§ 24-8-10. Improvement or reconstruction of railroad crossings 

The director of transportation shall have the power and authority to improve with automatic 

protection devices or by relocating or rebuilding existing highway-railroad crossings at grade, or 

by reconstructing existing railroad and highway separation structures, if the improvements, 

rebuilding, or reconstruction will increase the safety of the crossings and highway, or may 
222 

eliminate the crossings at grade by the adjustment of track and highway levels and by the 

construction of separation structures and connecting roadways suitably located to serve all 

affected properties, and by closing the highways at existing crossings so served, subject to 

approval of the railroad authorities and the public utilities and carriers administration as provided 

in chapters 1 -- 9 of title 39. For railroad-highway crossings not on the state highway system, the 

improvements, construction, reconstruction, or closing shall also be subject to the approval of the 

town or city in which the work is to be performed. 

24 R.I. Gen. Laws Ann. § 24-8-10 (West 2021) 

§ 39-8-1. Surfacing of highways crossed at grade 

Every railroad corporation whose roadbed crosses the public highway at grade shall cause the 

crossing to be covered with suitable material for highway travel so that the surface of the 

highway at the crossing shall not at any time be lower than three-fourths ( 3⁄4 ) of one inch (1′′) 

below the tops of the rails at the crossing; and every railroad that shall neglect or refuse to 

comply with the provisions of this section, after being notified by the city or town council of the 

city or town wherein the crossing is located, shall be fined not exceeding one hundred dollars 

($100). 

39 R.I. Gen. Laws Ann. § 39-8-1 (West 2021) 

*§ 39-8-1.1. Commission control of grade crossings 

In the exercise of the police power of the state for the safety of its inhabitants, the general 

assembly vests in the commission the authority and power to determine the point at which and 

the manner in which any grade crossing of a railroad and a street shall be constructed and the 

jurisdiction to determine whether any crossing should be altered, relocated, abolished, or 

eliminated, and the manner and conditions under which the crossings shall be maintained, even if 

the order of the commission has the effect of depriving a municipality of control of its streets. 39 

R.I. Gen. Laws Ann. § 39-8-1.1 (West 2021)

§ 39-8-6. Operation of grade crossings of railroads 

All railroads in this state crossing any other railroad at grade shall be operated at the crossing 

subject to, and in accordance with, such reasonable rules and regulations as the division of public 

utilities and carriers shall from time to time prescribe. 

39 R.I. Gen. Laws Ann. § 39-8-6 (West 2021) 

§ 39-8-8. Maintenance of highways occupied by rails 

Every corporation that maintains or uses railroad tracks in any street or highway in any town or 

city in this state, shall be liable to keep and maintain in good order and repair, including paving 

and repaving whenever and wherever necessary, that portion of any street or highway occupied 

by its railroad and eighteen inches (18′′) outside of any of its rails, in order that the streets and 

highways may be safe and convenient for travelers with their vehicles at all times, and the extent 

of the liability shall not be varied; provided, however, that the character of the paving, repaving, 

and repairing, shall be such as is from time to time fixed by the town or city councils of the 

respective towns and cities; and provided, further, that nothing in this section shall relieve any 

railroad corporation from the payment of any sum of money that it is now required by law to pay 

to any town or city for the use and occupancy of the streets and highways in the town or city. 
223 

39 R.I. Gen. Laws Ann. § 39-8-8 (West 2021) 

South Carolina (7) 

§ 57-5-1640. Contracts with railroad companies and property owners or lessees for 

constructing crossings and moving structures. 

The Department may, without formalities of advertising, enter into lawful and appropriate 

agreements and contracts with railroad companies for the construction, reconstruction, or 

modifications of railroad-highway grade separation crossings or track or other property 

rearrangement and with other persons, similarly jointly interested in particular items as property 

owners or lessees, for moving, clearing, rearranging or relocating public utilities, buildings and 

other structures. 

S.C. Code Ann. § 57-5-1640 (2021) 

§ 58-15-2110. Railroads shall construct and maintain grade crossings of highways. 

(A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads 

which are now or hereafter shall be crossed at grade by a public highway shall construct and 

maintain grade crossings meeting the requirements of the authorities responsible for such 

highways. This shall apply to crossings necessary for new highways, as well as to crossings 

needed to replace existing crossings rendered obsolete or unnecessary by the relocation or 

improvement of existing highways or roads. 

(B) The involved railroad shall be responsible for all costs associated with construction, 

modification, or relocation of rail-highway grade crossings when such construction, 

modification, or relocation results from projects initiated by the railroad. Such railroad-initiated 

projects shall include, but are not limited to, constructing a new line, adding an additional track 

to an existing line, and relocating an existing rail line. 

(C) The public authority responsible for a highway crossing a railroad track or tracks shall 

reimburse the involved railroad for all costs that railroad incurs by virtue of construction, 

modification, or relocation of rail-highway grade crossings when such construction, 

modification, or relocation results from projects initiated by the public authority. A public 

authority is limited to the State Department of Transportation, which is required to reimburse the 

railroad for Department of Transportation authorized projects from within the funds appropriated 

to the Department of Transportation by the General Assembly. Such public authority-initiated 

projects are limited to constructing a new highway, widening an existing highway, and relocating 

an existing highway. 

S.C. Code Ann. § 58-15-2110 (2021) 

§ 58-15-2120. Department of Transportation may make specifications and enter into 

agreements concerning grade crossings of State highways; penalties may be waived by 

Department. 

In case of grade crossings of state highways over such railroads, the Department of 

Transportation, after due notice to the railroad, corporation, or operator, and hearing the railroad 

or operator involved, if application is made for such a hearing within ten days after receipt of the 

notice and after finding that the public safety, convenience, or necessity require it, shall have the 

power to specify the character of the grade crossings, and the operator of the railroad shall 

construct and maintain the crossings to meet the specifications of the Department of 

Transportation; provided, however, that the power to specify the character of grade crossings 
224 

granted in this section shall not extend beyond five feet on either side of the center line of the 

track; provided, further, that the Department of Transportation shall have the power, in matters 

relating to such grade crossings, now pending or hereafter arising, to enter into such agreements 

with operators of railroads pertaining to the construction thereof as in its judgment may be to the 

best interest of the State, and to agree to pave the area across the tracks after the area is otherwise 

prepared for paving by the operator of the railroad. The Department of Transportation, with the 

advice and consent of the Attorney General, may waive any and all claims for penalties now 

existing, upon entry into such agreements. 

S.C. Code Ann. § 58-15-2120 (2021) 

§ 58-17-1310. Commission shall regulate crossings and culverts. 

The Public Service Commission shall regulate and control by special order in each case the 

manner in which any street, street railway or other railroad track may cross any railroad track 

and the manner of constructing culverts under any railroad so as to effect proper drainage of 

adjacent territory. 

S.C. Code Ann. § 58-17-1310 (2021) 

§ 58-17-1330. Railroad shall not obstruct highways at crossings. 

When a railroad is laid out across a highway or other way it shall be constructed so as not to 

obstruct such way. 

S.C. Code Ann. § 58-17-1330 (2021) 

§ 58-17-1340. Altering course of highway. 

A railroad corporation may alter the course of a highway or other way, other than a street in any 

incorporated city or town, for the purpose of facilitating the crossing of it by its road, or 

permitting its road to pass at the side thereof without crossing, upon obtaining a decree of the 

governing body of the county prescribing the manner and time of such alteration. The 

corporation shall pay all damages occasioned to private property by the alteration, as in the case 

of land taken for its road. 

S.C. Code Ann. § 58-17-1340 (2021) 

§ 58-17-1360. County may authorize highway or town way to cross railroad. 

A highway or town way may be laid out across a railroad previously constructed when the 

governing body of the county adjudge that the public convenience and necessity require it and, in 

such case, after due notice to the railroad corporation and hearing all parties interested, such 

body may thus lay out a highway across a railroad or may authorize a city or town, on the 

petition of the mayor and aldermen thereof, to lay out a way across a railroad in such manner as 

not to injure or obstruct the railroad. 

S.C. Code Ann. § 58-17-1360 (2021) 

South Dakota (11) 

§ 9-35-8. Maintenance of railroad crossings and drainage works 

Every municipality shall have power to require railroad companies to make, keep open, and 

repair their crossings of streets and public roads, and to require them to make, keep open, and 
225 

repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of 

adjacent property shall not be impeded and the right-of-way shall be properly drained. 

S.D. Codified Laws § 9-35-8 (2021) 

§ 9-35-9. Maintenance by railroads of safety devices at crossings--Grade changes--Fencing 

of right-of-way 

Every first or second class municipality shall have power to require railroad companies to keep 

flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons 

and property; to compel them to construct, maintain, and operate gates at railroad crossings of 

streets when the keeping of a flagman is not sufficient protection; to compel them to raise or 

lower their tracks to conform to any grade which may be established by the municipality and to 

keep such tracks on the level with the street or highway surface, so that such tracks may be 

crossed at any place on such street or highway; to require them to fence their railroads and 

construct and repair cattle guards, viaducts, or overhead crossings, and to provide for and change 

the location, grade, and crossing of any railroad; all subject to the powers vested in the Public 

Utilities Commission. 

S.D. Codified Laws § 9-35-9 (2021) 

*§ 31-27-1. Power of Department of Transportation respecting grade crossings--Expenses 

of alteration or abolition of crossing 

The Department of Transportation may upon its own motion or upon complaint and after hearing 

and notice to all the parties in interest, including the owners of adjacent property and the railroad 

company, order any crossing now existing or hereafter constructed at grade or at the same or 

different levels to be relocated, altered, or abolished according to plans and specifications, terms 

and conditions to be prescribed by the department. The department shall determine the terms on 

which the separation should be made and shall allocate the expense of the alteration, or the 

abolition of the crossing, or the separation of the grade between the railroad companies affected 

or between the railroad companies and the county, municipality, or public authority at interest on 

the basis of the benefits received, if any, by each entity with an interest. 

S.D. Codified Laws § 31-27-1 (West 2021) 

§ 31-27-2. Power of Department of Transportation respecting details of grade crossing--

Approval of plans and specifications--Separation of grade--Watchmen and safety systems 

The Department of Transportation may determine, order, and prescribe in accordance with the 

plans and specifications to be approved by it, the reasonable manner, including the particular 

point of crossing, at which the tracks or other facilities of any line of railroad may be constructed 

across the tracks or any other facilities of any other line of railroad, or of any street, or highway, 

at grade, or above or below grade, or at the same or different levels, or at which the tracks or 

other facilities of any railroad company or companies may be constructed across the track or 

facilities of any other railroad company, or across any public highway, street at grade, or above 

or below grade, or at which any public highway may be constructed across the tracks or other 

facilities of any railroad company at grade or above or below grade; and may determine, order, 

and prescribe the terms and conditions of installation and operation, maintenance, and protection 

of all such crossings, which may be constructed, including any watchman thereat, or the 

installation and regulation of lights, blocks, interlocking, or other systems, or devices of 
226 

signaling, safety appliance devices, or such other means or instrumentalities as the department 

determines reasonable and necessary to the end, intent, and purpose that accidents may be 

prevented and the safety of the public promoted. 

S.D. Codified Laws § 31-27-2 (2021) 

§ 31-27-2.1. Railroad responsibility for crossing maintenance after abandonment of rightof-way--Transfer of responsibility 

The responsibility of a railroad corporation to maintain and keep in repair grade crossings as 

provided by law does not terminate upon the abandonment of the railroad right-of-way or a 

portion thereof. The responsibility continues until the highway is restored to a usable condition. 

The maintenance responsibility does not terminate with the disposal of the abandoned railroad 

right-of-way or the dissolution of the railroad corporation but passes to the transferee of the 

abandoned railroad right-of-way or the successors to the railroad corporation. 

S.D. Codified Laws § 31-27-2.1 (2021) 

§ 31-27-3. Filing required for establishment of crossing--Approval 

No crossings at, above, or below grade, may be established except under plans and specifications 

filed with the Department of Transportation. Plans and specifications for crossings do not require 

the approval of the department unless a controversy exists between the applicant and the railroad. 

S.D. Codified Laws § 31-27-3 (2021) 

§ 31-27-6. Expense of land appropriated for relocation of crossings 

If lands are appropriated for the relocation of any state or county highway, which relocation is 

deemed necessary to avoid one or more railroad crossings or other dangerous places, the 

expenses shall be apportioned on the basis of benefits received by the railroad, if any, and the 

benefits received by the state or county, if any. 

S.D. Codified Laws § 31-27-6 (2021) 

§ 31-27-19.1. Cost of repair and maintenance of railroad and highway crossings 

apportioned on basis of benefit 

The expense of repairing, replacing, and maintaining all “railroad and highway crossings,” as 

defined by § 31-27-21, and all protection and safety devices shall be determined by the 

Department of Transportation on the basis of the proportion of benefit, if any, derived by railroad 

companies, and the benefit, if any, to the public authority at interest. 

S.D. Codified Laws § 31-27-19.1 (2021) 

§ 49-16A-83. Railroad-highway grade crossings 

The Department of Transportation may require and regulate construction of railroad and highway 

crossings as provided by chapter 31-27. 

S.D. Codified Laws § 49-16A-83 (2021) 

§ 49-16A-84. Authority to change grade of highway--Particular highways--Maintenance of 

highway--Maximum grade 
227 

A railroad may raise or lower any public highway, not within the limits a municipality, for a 

railroad crossing, by petitioning the board of county commissioners, if the place is not a part of 

the state highway system, or by petition to the Department of Transportation if it is a part of the 

state system, but must guarantee to place and keep it in as good repair and condition as before 

the alteration was made, at its own expense. The grade approaching the crossing shall not exceed 

ten percent at any point thereof. 

S.D. Codified Laws § 49-16A-84 (2021) 

§ 49-16A-85. Temporary routes during change of grade construction 

A railroad, while raising or lowering a public highway, or while making any other alterations 

which obstruct a public highway, shall provide and keep suitable temporary ways in good order 

to enable traffic to avoid or pass the obstruction. 

S.D. Codified Laws § 49-16A-85 (2021) 

Tennessee (4) 

*§ 65-11-101. Construction and repair 

(a) All persons, or corporations, owning or operating a railroad in this state, are required to make 

and furnish good and sufficient crossings on the public highways crossed by them, and keep such 

crossings in lawful repair at their own expense. 

(b)(1) Subsection (a) shall not preclude construction, reconstruction, improvement or repair of 

crossings, through financial participation of the state or local government with a railroad 

authority established by law, when accomplished by contract with an independent contractor, or 

when such work will be performed by employees of a local government acting under direct 

supervision and total control of a railroad authority or its agent. 

(2) For liability purposes, when employees of a local government are working under the control 

of a railroad authority, such employees shall not be treated as employees of the local 

government, but instead shall be treated as employees of the railroad authority exercising control 

of the employees. 

(c)(1) Notwithstanding subsections (a) or (b) to the contrary, after July 1, 2001, no public 

railroad grade crossing shall be constructed and no private crossing shall be converted to a public 

crossing without the entity desiring the crossing or the conversion having first: 

(A) Submitted the plans for the construction or conversion of the proposed crossing to the 

department of transportation; and 

(B) Obtained the department of transportation's approval of those plans. Prior to rendering its 

final decision, the department of transportation shall submit the plans it proposes to approve to 

the federal highway administration, the affected local government, and the involved railroad for 

review and comment. Any entity desiring the construction or conversion of a crossing shall be 

responsible for all costs associated with constructing or converting such crossing in compliance 

with the plans approved by the department of transportation. No public railroad grade crossing 

constructed after July 1, 2001, and no private crossing converted to a public crossing after July 1, 

2001, shall be opened to vehicular traffic until such crossing is inspected by the department of 

transportation to assure that the crossing was constructed or converted in accordance with the 

approved plans. 

(2) The department of transportation shall promulgate standards pertaining to the construction or 

conversion of grade crossings pursuant to this subsection (c) including, but not limited to, 

appropriate warning devices. The department of transportation shall not approve any plans for 
228 

construction or conversion of a railroad grade crossing that do not comply with the promulgated 

standards. 

(3) The department of transportation shall charge a fee for the review and approval of plans for 

construction or conversion of railroad crossings and the inspection of the completed crossings. 

Such fee shall be sufficient to offset the cost to the department of transportation of performing 

these services. Such fee shall be paid by the party seeking approval of the plans for the crossing. 

(4) The department of transportation shall promulgate rules and regulations pertaining to the 

approval of plans for construction or conversion of railroad grade crossings and the inspection of 

those crossings pursuant to this subsection (c). 

(5) Upon receipt of an application for approval of plans pursuant to this subsection (c), the 

department of transportation shall notify the affected railroad and the governmental body having 

jurisdiction over the proposed location. 

(6) If a crossing is constructed or converted in violation of this subsection (c), the affected 

railroad may remove the crossing and recover the cost of such removal from the party that 

constructed or converted the crossing. 

(7)(A) It is the intent of the general assembly that the standards, rules and regulations 

promulgated pursuant to this subsection (c) shall not be applied for any reason whatsoever to any 

railroad crossings established prior to July 1, 2001, except for the sole purpose of evaluating 

such railroad grade crossings for possible closure. 

(B) It is the intent of the general assembly that the standards, rules and regulations promulgated 

by the department of transportation pursuant to this subsection (c) shall take effect on or before 

March 1, 2002. 

Tenn. Code Ann. § 65-11-101 (West 2021) 

*§ 65-11-102. Fines and penalties 

A failure to observe and fully comply with § 65-11-101 shall subject the offender to a fine of not 

less than ten dollars ($10.00) nor more than one hundred dollars ($100). 

Tenn. Code Ann. § 65-11-102 (West 2021) 

§ 65-11-110. Overpass or underpass construction; work apportionment 

The commissioner of transportation or the commissioner's designee may, by agreement or 

contract with any railroad company, apportion the work to be done in the construction of any 

such underpass or overpass between the railroad company and contractors acting under the 

control and supervision of the commissioner or the commissioner's designee, and contracts for 

the construction of the portion of such underpass or overpass assumed under such contract or 

agreement by the commissioner or the commissioner's designee shall be made in the manner and 

under the same conditions as contracts are made by the commissioner or the commissioner's 

designee for the construction of other portions of the state highway system as provided by law; 

provided, that when the commissioner or any of the department of transportation's employees or 

contractors, or any person acting under the orders of the commissioner or the commissioner's 

contractors, shall go or be upon the right-of-way of any railroad company, they shall be subject 

to any reasonable rules and regulations of such railroad company made for the protection of its 

traffic employees and passengers. 

Tenn. Code Ann. § 65-11-110 (West 2021) 
229 

*§ 65-11-112. Overpass or underpass; maintenance 

When any underpass or overpass crossing is constructed on any state highway, under this 

chapter, it shall be maintained as follows: 

(1) The railroad company owning or operating the track at any such crossing shall maintain in 

good and safe repair at its sole expense all that part of any underpass or overpass and the 

approaches thereto on its rights-of-way, and also that part of any overpass structure or the 

approach thereto not supported by a fill, whether on its right-of-way or not, except the surface of 

the highway; provided, that the flooring of any overpass which supports the surface of the 

highway or which may constitute the surface of the highway shall be considered as a part of the 

structure to be maintained by and at the expense of the railroad company; and 

(2) The commissioner of transportation or the commissioner's designee shall maintain in good 

and safe repair out of the public funds, any fill, approach to any such crossing not on the right-ofway of the railroad company, and also the entire surface of the highway at all points. 

Tenn. Code Ann. § 65-11-112 (West 2021) 

Texas (1) 

§ 471.001. Duty to Maintain Crossings 

(a) A railway company shall maintain the part of its roadbed and right-of-way that is crossed by 

a public street of a Type B general-law municipality in proper condition for use by travelers. 

(b) A railway company that does not make needed repairs before the 31st day after the date the 

municipal marshal gives written notice to the section boss of the section where repairs are 

needed is liable to the municipality for a penalty of $25 for each week the railway company does 

not make needed repairs. The municipality may sue to recover the penalty. 

Tex. Transp. Code Ann. § 471.001 (West 2021) 

Utah (8) 

§ 10-7-29. Railway companies to repave streets 

All railway companies shall be required to pave or repave at their own cost all the space between 

their different rails and tracks and also a space two feet wide outside of the outer rails of the 

outside tracks in any city or town, including all sidetracks, crossings and turnouts used by such 

companies. Where two or more companies occupy the same street or alley with separate tracks 

each company shall be responsible for its proportion of the surface of the street or alley occupied 

by all the parallel tracks as herein required. Such paving or repaving by such railway companies 

shall be done at the same time and shall be of the same material and character as the paving or 

repaving of the streets or alleys upon which the track or tracks are located, unless other material 

is specially ordered by the municipality. Such railway companies shall be required to keep that 

portion of the street which they are herein required to pave or repave in good and proper repair, 

using for that purpose the same material as the street upon which the track or tracks are laid at 

the point of repair or such other material as the governing body of the city may require and order; 

and as streets are hereafter paved or repaved street railway companies shall be required to lay in 

the best approved manner a rail to be approved by the governing body of the city. The tracks of 

all railway companies when located upon the streets or avenues of a city or town shall be kept in 

repair and safe in all respects for the use of the traveling public, and such companies shall be 

liable for all damages resulting by reason of neglect to keep such tracks in repair, or for 

obstructing the streets. For injuries to persons or property arising from the failure of any such 
230 

company to keep its tracks in proper repair and free from obstructions such company shall be 

liable and the city or town shall be exempt from liability. The word “railway companies” as used 

in this section shall be taken to mean and include any persons, companies, corporations or 

associations owning or operating any street or other railway in any city or town. 

Utah Code Ann. § 10-7-29 (West 2021) 

§ 10-8-34. Change of grade and crossings--Nonuser as grounds for removal 

They may provide for or change the location, grade or crossing of any railroad; and declare a 

nuisance and take up and remove, or cause to be taken up and removed, the tracks of any railroad 

or street railway company which shall have been laid upon the streets of the city and which such 

railway company has failed to operate with cars for public use for a period of nine months after 

the laying thereof. 

Utah Code Ann. § 10-8-34 (West 2021) 

§ 54-4-14. Safety regulation 

The commission shall have power, by general or special orders, rules or regulations, or 

otherwise, to require every public utility to construct, maintain and operate its line, plant, system, 

equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health 

and safety of its employees, passengers, customers and the public, and to this end to prescribe, 

among other things, the installation, use, maintenance and operation of appropriate safety or 

other devices or appliances including interlocking and other protective devices at grade crossings 

or junctions, and block or other system of signaling, and to establish uniform or other standards 

of construction and equipment, and to require the performance of any other acts which the health 

or safety of its employees, passengers, customers or the public may demand, provided, however, 

that the department of transportation shall have jurisdiction over those safety functions 

transferred to it by the Department of Transportation Act. 

Utah Code Ann. § 54-4-14 (West 2021) 

§ 54-4-15. Establishment and regulation of grade crossings 

(1) No track of any railroad shall be constructed across a public road, highway or street at grade, 

nor shall the track of any railroad corporation be constructed across the track of any other 

railroad or street railroad corporation at grade, nor shall the track of a street railroad corporation 

be constructed across the track of a railroad corporation at grade, without the permission of the 

Department of Transportation having first been secured; provided, that this subsection shall not 

apply to the replacement of lawfully existing tracks. The department shall have the right to refuse 

its permission or to grant it upon such terms and conditions as it may prescribe. 

(2) The department shall have the power to determine and prescribe the manner, including the 

particular point of crossing, and the terms of installation, operation, maintenance, use and 

protection of each crossing of one railroad by another railroad or street railroad, and of a street 

railroad by a railroad and of each crossing of a public road or highway by a railroad or street 

railroad, and of a street by a railroad or vice versa, and to alter or abolish any such crossing, to 

restrict the use of such crossings to certain types of traffic in the interest of public safety and is 

vested with power and it shall be its duty to designate the railroad crossings to be traversed by 

school buses and motor vehicles carrying passengers for hire, and to require, where in its 

judgment it would be practicable, a separation of grades at any such crossing heretofore or 
231 

hereafter established, and to prescribe the terms upon which such separation shall be made and 

the proportions in which the expense of the alteration or abolition of such crossings or the 

separation of such grades shall be divided between the railroad or street railroad corporations 

affected, or between such corporations and the state, county, municipality or other public 

authority in interest. 

(3) Whenever the department shall find that public convenience and necessity demand the 

establishment, creation or construction of a crossing of a street or highway over, under or upon 

the tracks or lines of any public utility, the department may by order, decision, rule or decree 

require the establishment, construction or creation of such crossing, and such crossing shall 

thereupon become a public highway and crossing. 

(4)(a) The commission retains exclusive jurisdiction for the resolution of any dispute upon 

petition by any person aggrieved by any action of the department pursuant to this section, except 

as provided under Subsection (4)(b). 

(b) If a petition is filed by a person or entity engaged in a subject activity, as defined in Section 

19-3-318, the commission's decision under Subsection (4)(a) regarding resolution of a dispute 

requires the concurrence of the governor and the Legislature in order to take effect. 

Utah Code Ann. § 54-4-15 (West 2021) 

§ 54-4-15.1. Signals or devices at grade crossings--Duty to provide 

The Department of Transportation so as to promote the public safety shall as prescribed in this 

act1 provide for the installing, maintaining, reconstructing, and improving of automatic and other 

safety appliances, signals or devices at grade crossings on public highways or roads over the 

tracks of any railroad or street railroad corporation in the state. 

Utah Code Ann. § 54-4-15.1 (West 2021) 

§ 54-4-15.3. Signals or devices at grade crossings--Apportionment of costs 

The Department of Transportation, in accordance with the provisions of Section 54-4-15, shall 

apportion the cost of the installation, maintenance, reconstruction or improvement of any signals 

or devices described in Section 54-4-15.1 between the railroad or street railroad and the public 

agency involved. Unless otherwise ordered by the department, the liability of cities, towns and 

counties to pay the share of maintenance cost assigned to the local agencies by the department 

shall be limited to the funds provided under this act.1 Payment of any money from the funds 

provided shall be made on the basis of verified claims filed with the Department of 

Transportation by the railroad or street railroad corporation responsible for the physical 

installation, maintenance, reconstruction or improvement of the signal or device. 

Utah Code Ann. § 54-4-15.3 (West 2021) 

§ 54-4-15.4. Signals or devices at grade crossings--Provision of costs 

The Department of Transportation shall provide in its annual budget for the costs to be incurred 

under this act. 

Utah Code Ann. § 54-4-15.4 (West 2021) 

§ 56-1-11. Maintenance of crossings 

Every railroad company shall be liable for damages caused by its neglect to make and maintain 

good and sufficient crossings at points where any line of travel crosses its road. 
232 

Utah Code Ann. § 56-1-11 (West 2021) 

Vermont (15) 

*§ 3456. Jurisdiction 

Without affecting special provisions of law relating to matters contained in this section, the 

Board shall have jurisdiction on due notice to hear, determine, render judgment, and make orders 

and decrees in all matters provided for in the charter of any railroad, or in the statutes of this 

State relating to railroads, and shall have like jurisdiction in all matters respecting: 

(1) the crossing of one railroad by another; 

(2) highway grade crossings and signs, signals, gates, or flaggers at the same; 

(3) the construction and maintenance of proper fences, cattle guards, and farm crossings; 

(4) to the extent not preempted by federal law, and in order to accommodate the public and 

ensure safety and compliance with the law: 

(A) the maintenance of the tracks, frogs, switches, gates, signals, culverts, bridges, and other 

structures over openings; and 

(B) rolling stock and equipment; 

(5) the connections, time, and times of connection between connecting roads for the 

accommodation of the traveling public, and the transportation of merchandise; 

(6) the manner of operating railroads and conducting the business thereof so as to be reasonable 

and expedient and to promote the security, convenience, and accommodation of the public and to 

prevent violations of law and unjust discriminations, usurpations, or extortions; and 

(7) any impediment alongside or adjacent to the rights-of-way of railroads, including damaged 

structures, that imperils the safe passage of trains. 

Vt. Stat. Ann. tit. 5, § 3456 (West 2021) 

§ 3544. Alteration of course of highway at crossing 

A railroad corporation may alter the course of a highway where it is crossed by its railroad, for 

the purpose of facilitating the crossing of the same, if it can agree with the selectboard of the 

town (in the case of a town highway) or the Agency of Transportation (in the case of a State 

highway) as to such alteration or the manner of crossing. When they cannot agree, the 

Transportation Board shall determine the same. 

Vt. Stat. Ann. tit. 5, § 3544 (West 2021) 

§ 3566. Highway crossing railroad 

When a highway is laid out after the laying out and constructing of a railroad, so as to cross such 

railroad, the highway may pass over, under or cross the railroad, and shall be so built as not to 

obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application 

of the parties owning or operating the railroad, the Board, upon notice and hearing, shall 

determine whether such crossing ought to be at grade. If the Board determines that the crossing 

ought not to be at grade, it shall be constructed over or under the railroad. 

Vt. Stat. Ann. tit. 5, § 3566 (West 2021) 

§ 3568. Railroad crossing highway 

A railroad may be so laid out as to cross a highway if the Board judges it necessary. The railroad 

may raise or lower the highway, for the purpose of having its railroad pass over or under it. 
233 

However, the railroad shall restore the highway as far as practicable and so as not to impair its 

usefulness. 

Vt. Stat. Ann. tit. 5, § 3568 (West 2021) 

§ 3570. Crossing; repairs at town highways 

When a railroad corporation has constructed a railroad across a town highway by passing upon, 

over, or under the traveled path thereof, the corporation shall keep in good and sufficient repair, 

and rebuild when necessary, bridges, culverts, crossings, and other constructions made for the 

accommodation, safety, and convenience of the public travel on the highway, over or upon the 

railroad. 

Vt. Stat. Ann. tit. 5, § 3570 (West 2021) 

§ 3571. State highways 

(a) When a railroad corporation has constructed a railroad across a State highway by passing 

upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and 

rebuild when necessary, culverts, crossings, and other constructions except bridges made for the 

accommodation, safety, and convenience of the public travel on the highway upon the railroad. 

(b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of 

existing crossings required as a result of the building of said extensions, when required for the 

accommodation, safety, and convenience of the public travel, or for any reason except the 

accommodation of the railroad, shall be done by the railroad corporation at State expense. 

Vt. Stat. Ann. tit. 5, § 3571 (West 2021) 

§ 3573. Railroad bridges; repairs and construction 

When a railroad corporation has constructed a railroad across a public highway by passing over 

the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild 

when necessary, its bridges and abutments; however, construction of new bridges and abutments, 

and rebuilding and reconstruction of existing bridges and abutments, made necessary by reason 

of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, 

shall be made by the railroad at State expense. 

Vt. Stat. Ann. tit. 5, § 3573 (West 2021) 

§ 3574. Expense; apportionment; State, municipality, and railroad 

When made necessary by reason of highway improvement incident to increased load or speed of 

motor vehicular traffic, upon petition of the railroad corporation owning or operating the 

crossing mentioned in section 3570 of this title or of the municipality in which the crossing is 

located or of the Agency of Transportation, to the Transportation Board, after hearing and due 

notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned 

between the State, the municipality with its consent, and the railroad in such proportion as the 

Board finds just and equitable. 

Vt. Stat. Ann. tit. 5, § 3574 (West 2021) 

§ 3577. Liability; railroad 

A railroad corporation constructing a railroad across a highway shall be liable to the town, within 

whose limits the crossings are, for damages occasioned to that town by reason of the corporation 
234 

not complying with the provisions of sections 3570 and 3574 of this title. The liability shall 

extend to expenses incurred by the town in connection with actions against the corporation by 

reason of the noncompliance. 

Vt. Stat. Ann. tit. 5, § 3577 (West 2021) 

§ 3578. Release of corporation from liability 

The liability of the corporation shall continue although the railroad has been abandoned, unless 

the selectboard members of the town consent in writing that the corporation be released 

therefrom, or unless the corporation or its assigns restore such crossing to its original state of 

usefulness and permanency. Such written consent shall be recorded in the record of deeds in the 

town clerk's office by such selectboard members. 

Vt. Stat. Ann. tit. 5, § 3578 (West 2021) 

§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces 

(a) Definitions. For purposes of this section: 

(1) “Public rail-highway crossings” means at-grade crossings determined by the Agency to be 

active public crossings. Public crossings shall not include crossings on railroad lines that have 

been abandoned or embargoed. 

(2) “Active warning devices” means flashing lights, signals, automatic gates, or manuallyoperated gates. 

(b) Reimbursement. To the extent funds are appropriated for this purpose by the General 

Assembly, the Agency shall reimburse railroads up to $2,000.00 annually for the maintenance of 

each public rail-highway crossing equipped with flashing light signals and $2,500.00 annually 

for the maintenance of each crossing equipped with automatic or manually-operated gates. Any 

reimbursement under this subsection shall be reduced by any amount that a municipality or some 

other third party is separately required to contribute to the railroad's cost of maintaining active 

warning devices at a public rail-highway crossing, whether because of some contractual 

obligation or because of a regulatory order entered by the Transportation Board or one of its 

predecessor agencies. 

(c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent 

on the railroad's performing inspection and maintenance of active warning devices in accordance 

with regulations promulgated by the Federal Railroad Administration. 

(d) Maintenance of crossing surface. The Agency shall be responsible for maintenance, repair, 

replacement, and installation of highway surfaces at public rail-highway crossings. 

(e) Quiet zones; special agreements. Notwithstanding this section, the Agency may enter into 

special agreements to reimburse a railroad for inspecting and maintaining signals and related 

equipment at crossings that have been specially designated as “quiet zones” pursuant to section 

3582 of this title. 

(f) Rulemaking. The Secretary may adopt rules to implement this program. 

Vt. Stat. Ann. tit. 5, § 3593 (West 2021) 

§ 3783. Alteration, petition for; hearings 

The selectboard of a town within which a public highway crosses or is crossed by a railroad, or 

the general manager or attorney of a railroad corporation whose road crosses or is crossed by a 

public highway, may bring their petition in writing to the Transportation Board, alleging that 
235 

public safety requires an alteration in such crossing, its approaches, the method of crossing, the 

location of the public highway, the elimination of such crossing, the closing of such public 

highway crossing and the substitution of another therefor, not at grade, or the removal of 

obstructions to the sight at such crossing, and praying that the same may be ordered, or such 

proceedings may be instituted by the Agency of Transportation or the Board of its own motion 

and without petition. The Board shall thereupon appoint a time and place for hearing the petition 

on notice of not less than ten days to the petitioners, the railroad, the municipality in which such 

crossing is situated, the owners of the land adjoining such crossing, and adjoining that part of the 

highway to be changed in grade, and to the Attorney General, who shall, by himself or herself or 

through the State's Attorney of the county wherein the crossing is located, represent the interests 

of the State at such hearing. After such notice and hearing, the Board shall determine what 

alterations, changes, or removals, if any, shall be made and by whom. 

Vt. Stat. Ann. tit. 5, § 3783 (West 2021) 

§ 3784. Grade crossings, alteration, expense apportionment 

The Board shall direct that the expense of any alterations, changes, or removals, referred to in 

sections 3783 and 3785 of this title, including the damages to any person whose land is taken, 

and the special damages which the owner of land adjoining the public highway shall sustain by 

reason of any change in the grade of the highway, be paid in whole or in part by the State and the 

corporation owning or operating the railroad which crosses the public highway, on the basis of 

benefits received by the public and the corporation respectively. 

Vt. Stat. Ann. tit. 5, § 3784 (West 2021) 

§ 3785. Alterations, crossings; order by Transportation Board 

When the Transportation Board, in the absence of any application therefor, is of the opinion that 

the public safety requires an alteration in any highway crossed at grade by a railroad, or by 

railroads belonging to or operated by more than one corporation, or an alteration in lands or 

buildings thereon adjoining or near such highway at or near such crossing in order to afford 

proper view from the approaches to such crossing, in each direction, of the track or tracks of 

such railroad or railroads, after hearing had on notice of not less than ten days to the corporation 

or corporations owning or operating such railroad or railroads, to the selectboard of the town 

within which such highway is situated, to the owners of the land adjoining such crossing and the 

owners of such land or buildings thereon adjoining, or near such highway as may be required for 

or materially affected by a proposed alteration, and to the Attorney General, who, by himself or 

herself or through the State's Attorney of the county in which such crossing is located shall 

represent the interests of the State, it may order such alterations in such highway, and the 

removal of such obstructions to the view in each direction of the tracks of such railroads, as it 

deems best, and shall determine and direct by whom, at whose expense and within what time 

such alterations and removals shall be made. 

Vt. Stat. Ann. tit. 5, § 3785 (West 2021) 

§ 3788. Orders of Board; appeals 

The order of the Board relating to any matter upon which it may act under the authority of this 

chapter shall be communicated in writing to the petitioners and to all persons to whom notice of 

the hearing on such petition was given. Any person aggrieved by such order, who was a party to 
236 

such proceedings, may appeal from such order to the Superior Court in accordance with Rule 74 

of the Vermont Rules of Civil Procedure. 

Vt. Stat. Ann. tit. 5, § 3788 (West 2021) 

Virginia (5) 

§ 56-363. Crossing of a railroad or public highway by another railroad; crossing of a 

railroad by a public highway 

It is hereby declared to be the policy of the Commonwealth that all crossings of one railroad by 

another, or a public highway by a railroad, or a railroad by a public highway, shall, wherever 

reasonably practicable, pass above or below the existing facility. And every railroad hereafter 

constructed across another railroad or across a public highway, and every public highway 

hereafter constructed across a railroad, shall, wherever it is reasonably practicable, and does not 

involve an unreasonable expense, all the circumstances of the case considered, pass above or 

beneath the existing structure at a sufficient elevation or depression, as the case may be, with 

easy grades, so as to admit of safe speedy travel over each. 

If constructing a crossing either above or below the existing structure is not practical and 

involves an unreasonable expense, the responsible governing body constructing a new public 

crossing at grade, in accordance with the laws of the Commonwealth of Virginia, shall take 

precautions to provide for the safe movement of traffic. It is the policy of the Commonwealth to 

limit the number of new public at grade crossings and to eliminate unnecessary crossings. 

Va. Code Ann. § 56-363 (West 2021) 

§ 56-366.3. Proceedings to alter, rebuild or replace existing grade separation structure 

destroyed or rendered unusable 

In the event an existing overpass or crossing over a railroad is destroyed or rendered unusable or 

otherwise becomes necessary to alter, rebuild, or replace, which overpass or crossing is 

maintained by a railroad company, such company shall immediately notify the Commissioner of 

Highways, or the public road authority of its intent to formulate plans for such alteration, 

rebuilding, or replacement. The Commissioner or the public road authority shall, as soon as 

practicable after receipt of such notice, determine if, in consideration of the needs of the state 

systems of highways, the work to be done on such existing separation structure should 

encompass any upgrading of such overpass. Upon reaching such decision, the Commissioner or 

the public road authority shall forthwith notify the company thereof. 

If the Commissioner or representative of the public road authority determines that upgrading is 

not necessary, the company, within six months of notice thereof, shall, in consultation with the 

Commissioner or representative of the public road authority, formulate and submit plans to the 

Commissioner or representative of the public road authority for the necessary work. As soon as 

the plans are submitted the Commissioner or representative of the public road authority shall 

review the same and after determining the plans are satisfactory, shall notify the railroad to begin 

construction by a specified date and to complete such construction within a specified time limit 

after considering public safety, convenience and necessity and the amount, nature and extent of 

the planned construction. All costs of necessary work, including formulation of plans, where 

upgrading is not necessary, shall be borne by the company. In the event there is a disagreement 

as to the design, method of construction and date of completion, such dispute shall be resolved 

under the procedural provisions of § 56-366.1. 
237 

If the Commissioner or public road authority determines that upgrading is necessary or desirable, 

the same procedure for coordination with the company shall apply except that the parties may 

agree that the Commissioner or representative of the public road authority formulate, and execute 

plans for such work, in consultation with such company. Disputes as to matters in this regard, 

including allocation of cost, shall also be resolved by petition to the State Corporation 

Commission and any new overpass shall be maintained in accordance with § 56-368.1. 

When it is necessary only to repair any overpass, maintained by such railroad, the railroad shall 

perform all work and bear all costs in connection therewith. 

All duties under this section shall be performed as expeditiously as possible. Nothing herein shall 

be construed in any way to limit the authority of the Commissioner or representative of the 

public road authority over public highways and overpasses. 

Va. Code Ann. § 56-366.3 (West 2021) 

§ 56-405. Railroad companies to maintain grade crossings of public highways and 

approaches; repair by Commissioner of Highways or public road authority; recovery of 

cost from railroad company 

At every crossing, now existing or hereafter established, of a public road by a railroad or of a 

railroad by a public highway at grade, it shall be the duty of the railroad company to keep such 

crossing in good repair to the full width of the public highway, and to maintain such crossing in a 

smooth condition so as to admit of reasonable and safe travel over the same, and it shall also be 

the duty of the railroad company to maintain and keep in good repair that portion of the highway 

located between points two feet on either side of the extreme rails. A railroad may request that a 

public highway be closed for grade crossing maintenance activities, and the representative of the 

Commissioner of Highways or the representative of the appropriate public road authority may 

approve such closing where a reasonable detour is available. Any railroad company violating the 

provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be 

fined not less than $10 nor more than $500. 

The Commissioner of Highways or the representative of the public road authority, whenever he 

or it shall ascertain that any such crossing is not being properly maintained, shall notify the 

railroad company involved in writing to repair the crossing forthwith; the railroad company upon 

receipt of notice may request a conference on the condition of the crossing and the need, if any, 

for the repair of such crossing and such conference shall be held within thirty days after receipt 

of the Commissioner's or the public road authority's notice. After the conference if the 

Commissioner or the public road authority is of the opinion that such repairs are required and the 

railroad is not willing to proceed promptly with such repairs, he or the public road authority may 

repair the same or cause it to be repaired and recover from the railroad company the actual cost 

of such work including any administration and engineering cost. 

If no conference is requested by the railroad company within the thirty-day period, the 

Commissioner or the public road authority with advance notice may repair the crossing or cause 

it to be repaired and recover from the railroad company the actual cost of such work including 

any administration and engineering cost. 

In any action under this section to recover the cost of the repair of any such crossing, the need 

for, and reasonableness of, the repairs may be put in issue. 

Nothing herein shall be construed as placing a duty on the railroad company to construct or 

reconstruct any such crossing in the event any such crossing is relocated or the highway 

approaches thereto are widened or reconstructed. 
238 

Va. Code Ann. § 56-405 (West 2021) 

§ 56-405.1. Agreements with Commissioner of Highways or public road authority 

representative for maintenance and repair of public grade crossings 

Whenever the Commissioner of Highways or representative of the appropriate public road 

authority determines that it is in the best interest of the public to assist a railroad in its grade 

crossing maintenance and repair activities, he is authorized to enter into an agreement with the 

railroad company for the repair or maintenance of any crossing of a railroad and a public 

highway or for the sale of materials to the railroad company for the repair and maintenance of 

any such crossing. Any such agreement shall provide for the railroad company to bear the cost of 

the repair or maintenance or material furnished and such other conditions as the Commissioner 

of Highways or representative of the appropriate public road authority deems necessary or 

advisable to protect the interest of the public. 

Va. Code Ann. § 56-405.1 (West 2021) 

§ 56-548. Highway and roadway crossings 

No crossing of a railway, highway, street, road or alley shall be at grade, but shall pass above or 

below the railway, highway, street, road, or alley, and such crossings are hereby permitted, 

subject to the provisions of this chapter. 

Va. Code Ann. § 56-548 (West 2021) 

Washington (8) 

§ 47.79.030. Project priority--Funding sources 

The legislature finds it important to develop public support and awareness of the benefits of 

high-speed ground transportation by developing high-quality intercity passenger rail service as a 

first step. This high-quality intercity passenger rail service shall be developed through 

incremental upgrading of the existing service. The department of transportation shall, subject to 

legislative appropriation, develop a prioritized list of projects to improve existing passenger rail 

service and begin new passenger rail service, to include but not be limited to: 

(2) Improved grade crossing protection or grade crossing elimination; 

Service enhancements and station improvements must be based on the extent to which local 

comprehensive plans contribute to the viability of intercity passenger rail service, including 

providing efficient connections with other transportation modes such as transit, intercity bus, and 

roadway networks. Before spending state moneys on these projects, the department of 

transportation shall seek federal, local, and private funding participation to the greatest extent 

possible. Funding priorities for station improvements must also be based on the level of local and 

private in-kind and cash contributions. 

Wash. Rev. Code Ann. § 47.79.030 (West 2021) Excerpt from applicable statute published. 

§ 81.53.020. Grade separation required where practicable 

All railroads and extensions of railroads hereafter constructed shall cross existing railroads and 

highways by passing either over or under the same, when practicable, and shall in no instance 

cross any railroad or highway at grade without authority first being obtained from the 

commission to do so. All highways and extensions of highways hereafter laid out and 

constructed shall cross existing railroads by passing either over or under the same, when 
239 

practicable, and shall in no instance cross any railroad at grade without authority first being 

obtained from the commission to do so: PROVIDED, That this section shall not be construed to 

prohibit a railroad company from constructing tracks at grade across other tracks owned or 

operated by it within established yard limits. In determining whether a separation of grades is 

practicable, the commission shall take into consideration the amount and character of travel on 

the railroad and on the highway; the grade and alignment of the railroad and the highway; the 

cost of separating grades; the topography of the country, and all other circumstances and 

conditions naturally involved in such an inquiry. 

Wash. Rev. Code Ann. § 81.53.020 (West 2021) 

*§ 81.53.030. Petition for crossing--Hearing--Order 

Whenever a railroad company desires to cross a highway or railroad at grade, it shall file a 

written petition with the commission setting forth the reasons why the crossing cannot be made 

either above or below grade. Whenever the legislative authority of a county, or the municipal 

authorities of a city, or the state officers authorized to lay out and construct state roads, or the 

state parks and recreation commission, desire to extend a highway across a railroad at grade, they 

shall file a written petition with the commission, setting forth the reasons why the crossing 

cannot be made either above or below grade. Upon receiving the petition, the commission shall 

immediately investigate it, giving at least ten days' notice to the railroad company and the county 

or city affected thereby, of the time and place of the investigation, to the end that all parties 

interested may be present and heard. If the highway involved is a state road or parkway, the 

secretary of transportation or the state parks and recreation commission shall be notified of the 

time and place of hearing. The evidence introduced shall be reduced to writing and be filed by 

the commission. If it finds that it is not practicable to cross the railroad or highway either above 

or below grade, the commission shall enter a written order in the cause, either granting or 

denying the right to construct a grade crossing at the point in question. The commission may 

provide in the order authorizing a grade crossing, or at any subsequent time, that the railroad 

company shall install and maintain proper signals, warnings, flaggers, interlocking devices, or 

other devices or means to secure the safety of the public and its employees. In respect to existing 

railroad grade crossings over highways the construction of which grade crossings was 

accomplished other than under a commission order authorizing it, the commission may in any 

event require the railroad company to install and maintain, at or near each crossing, on both sides 

of it, a sign known as the sawbuck crossing sign with the lettering “Railroad Crossing” inscribed 

thereon with a suitable inscription indicating the number of tracks. The sign shall be of standard 

design conforming to specifications furnished by the Washington state department of 

transportation. 

Wash. Rev. Code Ann. § 81.53.030 (West 2021) 

§ 81.53.070. Hearing 

At the conclusion of the hearing the commission shall make and file its written findings of fact 

concerning the matters inquired into in like manner as provided for findings of fact upon petition 

for new crossings. The commission shall also enter its order based upon said findings of fact, 

which shall specify whether the highway shall continue at grade or whether it shall be changed to 

cross over or under the railroad in its existing location or at some other point, and whether an 

over-crossing or under-crossing shall be established at the proposed location of any street or 

highway or at some other point, or whether the style and nature of construction of an existing 
240 

crossing shall be changed, or whether said highway shall be closed and travel thereon diverted to 

another channel, or any other change that the commission may find advisable or necessary: 

PROVIDED, That in an emergency where a highway is relocated to avoid a grade crossing, or a 

new crossing is constructed in the vicinity of an existing crossing in the interest of public safety, 

the commission may order such existing crossing closed without notice or hearing as specified 

herein. In case the order made requires that private lands, property, or property rights be taken, 

damaged or injuriously affected, the right to take, damage or injuriously affect the same shall be 

acquired as hereinafter provided. 

Any petition herein authorized may be filed by the commission on its own motion, and 

proceedings thereon shall be the same as herein provided for the hearing and determination of a 

petition filed by a railroad company. 

Wash. Rev. Code Ann. § 81.53.070 (West 2021) 

§ 81.53.110. Cost when highway crosses railroad 

Whenever, under the provisions of this chapter, a new highway is constructed across a railroad, 

or an existing grade crossing is eliminated or changed (or the style or nature of construction of an 

existing crossing is changed), the entire expense of constructing a new grade crossing, an 

overcrossing, under-crossing, or safer grade crossing, or changing the nature and style of 

construction of an existing crossing, including the expense of constructing approaches to such 

crossing and the expense of securing rights-of-way for such approaches, as the case may be, shall 

be apportioned by the commission between the railroad, municipality or county affected, or if the 

highway is a state road or parkway, between the railroad and the state, in such manner as justice 

may require, regard being had for all facts relating to the establishment, reason for, and 

construction of said improvement. If the highway involved is a state road or parkway, the 

amount not apportioned to the railroad company shall be paid as provided by law for 

constructing such state road or parkway. 

Wash. Rev. Code Ann. § 81.53.110 (West 2021) 

*§ 81.53.120. Cost when railroad crosses railroad 

Whenever two or more lines of railroad owned or operated by different companies cross a 

highway, or each other, by an over-crossing, under-crossing, or grade crossing required or 

permitted by this chapter or by an order of the commission, the portion of the expense of making 

such crossing not chargeable to any municipality, county, or to the state, and the expense of 

constructing and maintaining such signals, warnings, flaggers, interlocking devices, or other 

devices or means to secure the safety of the public and the employees of the railroad company, as 

the commission may require to be constructed and maintained, shall be apportioned between said 

railroad companies by the commission in such manner as justice may require, regard being had 

for all facts relating to the establishment, reason for, and construction of said improvement, 

unless said companies shall mutually agree upon an apportionment. If it becomes necessary for 

the commission to make an apportionment between the railroad companies, a hearing for that 

purpose shall be held, at least ten days' notice of which shall be given. 

Wash. Rev. Code Ann. § 81.53.120 (West 2021) 

§ 81.53.275. Crossing signals, warning devices--Apportionment when funds not available 

from grade crossing protective fund 
241 

In the event funds are not available from the grade crossing protective fund, the commission 

shall apportion to the parties on the basis of the benefits to be derived by the public and the 

railroad, respectively, that part of the cost which would otherwise be assigned to the fund: 

PROVIDED, That in such instances the city, town, county or state shall not be assessed more 

than sixty percent of the total cost of installation on other than federal aid designated highway 

projects: AND PROVIDED FURTHER, That in such instances the entire cost of maintenance 

shall be apportioned to the railroad. 

Wash. Rev. Code Ann. § 81.53.275 (West 2021) 

§ 81.53.295. Crossing signals, warning devices, etc.--Federal funds used to pay installation 

costs--Grade crossing protective fund--State and local authorities to pay remaining 

installation costs--Railroad to pay maintenance costs 

Whenever federal-aid highway funds are available and are used to pay a portion of the cost of 

installing a grade crossing protective device, and related work, at a railroad crossing of any state 

highway, city or town street, or county road at the then prevailing federal-aid matching rate, the 

grade crossing protective fund shall pay ten percent of the remaining cost of such installation and 

related work. The state or local authority having jurisdiction of such highway, street, or road 

shall pay the balance of the remaining cost of such installation and related work. The railroad 

whose road is crossed by the highway, street, or road shall thereafter pay the entire cost of 

maintaining the device. 

Wash. Rev. Code Ann. § 81.53.295 (West 2021) 

West Virginia (4) 

§ 17-4-8. Use of roadbed by railroad, telephone company, etc. 

No railroad or electric or other railway shall be constructed upon the roadbed of any state road, 

except to cross the same, nor shall any person, firm or corporation enter upon or construct any 

works in or upon such road, or lay or maintain thereon or thereunder any drainage, sewer or 

water pipes, gas pipes, electric conduits or other pipes, nor shall any telephone, telegraph or 

electric line or power pole, or any other structure whatsoever, be erected upon, in or over any 

portion of a state road, except under such restrictions, conditions and regulations as may be 

prescribed by the state road commissioner. Whenever any railroad or electric or other railway, 

heretofore or hereafter constructed, shall cross any state road, it shall be required to keep its own 

roadbed, and the bed of the road or highway at such crossing, in proper repair, or else to 

construct and maintain an overhead or undergrade crossing, subject to the approval of the state 

road commissioner; and the tracks of such railroad or railway at grade crossings shall be so 

constructed as to give a safe and easy approach to and across the same, and when the 

construction of such approaches is made necessary by a change in the railroad grade at the grade 

crossing, the cost shall be upon the railway company. 

W. Va. Code Ann. § 17-4-8 (West 2021) 

§ 17-4-17. Same--Maintenance of work 

After the construction of a grade separation under this article, where the highway is carried over 

the railroad the State shall maintain the state highway and the structures supporting it and the 

drainage thereof, and the railroad company shall maintain its tracks; and where the state highway 

is passed under the railroad then the State shall maintain the highway and the drainage thereof, 
242 

and the railroad company shall maintain its roadbed and the tracks and the structures supporting 

the same: Provided, however, That the State, at its sole expense, shall bear the cost of repairing 

or replacing any part of such supporting structure which may be damaged or destroyed by 

highway traffic; and the railroad company, at its own sole expense, shall bear the cost of 

repairing or replacing any part of such supporting structure which may be damaged or destroyed 

by railroad traffic: Provided further, That the provisions of this section shall not be applicable to 

grade separations constructed prior to the effective date of this act. 

W. Va. Code Ann. § 17-4-17 (West 2021) 

§ 17-4-17a. Same--Relocation or reconstruction of existing grade separation structures 

The state road commissioner shall have the same authority and follow the same procedure and 

the cost and maintenance provision shall be the same, in the relocation and reconstruction of 

existing grade separation structures, where the tracks of any railroad and any state road cross, as 

is provided in sections nine to seventeen, inclusive, of this article. 

W. Va. Code Ann. § 17-4-17a (West 2021) 

§ 17-16-8. Duty of railroad company to keep state or county-district road in good condition 

Every railroad company heretofore or hereafter incorporated which has, by the building of its 

road, or otherwise, obstructed, or shall hereafter obstruct, any state or county-district road, shall, 

as far as possible, put the road so obstructed in as good condition as it was in before the 

obstruction. Every railroad company which has changed, or shall hereafter change, the grade or 

location of any state or county-district road, shall put the same in as good condition and repair, 

and on as practical a grade, as such road was before its change; and if such road, after 

construction, becomes damaged or injured or is caused to be damaged or injured by reason of the 

construction of any railroad, such railroad company shall be liable for all damages occasioned 

thereby and for all costs incurred in repairing and keeping in repair the road so damaged or 

injured as aforesaid. 

W. Va. Code Ann. § 17-16-8 (West 2021) 

Wisconsin (6) 

§ 84.05. Railroad crossing improvements 

On a highway which the department has authority to construct and which crosses a railroad, if 

the department determines that the construction or reconstruction of a grade separation or the 

rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks 

is necessary in the interest of public safety or for convenience of public travel, the department 

shall make a plan of the construction proposed and an estimate of the cost thereof, including the 

cost of needed right-of-way; and shall endeavor to make an arrangement with all persons 

concerned as to all matters involved in the plan, including the portion of the cost of the 

contemplated work which the persons shall defray. If the department is unable to contract with 

the persons concerned as to the distribution and payment of the cost of the work or the 

maintenance thereof, the department shall lay the matter before the office of the commissioner of 

railroads, and the office of the commissioner of railroads shall review the proceedings and hold a 

hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of 

the construction and of the maintenance which is to be paid by the persons or corporations 

concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be 
243 

paid from the transportation fund. The office of the commissioner of railroads shall determine 

the benefits, if any, which will inure to other highways, and apportion and charge to the units of 

government responsible for the construction of such other highways a fair portion of the cost. 

Wis. Stat. Ann. § 84.05 (West 2021) 

§ 86.13. Railroads to maintain highway crossings 

(1) When any street or highway crosses any railroad track at grade, the company owning or 

operating the railroad shall grade, construct and maintain in good and safe condition for public 

travel the portion of such street or highway extending across said track. When such street or 

highway shall be or is about to be paved, surfaced or otherwise improved, the railway company 

shall improve, pave or surface such crossing between the tracks and rails and extending 4 feet 

beyond the outside rails on its right-of-way in substantially the same manner as the adjacent 

highway and with substantially the same materials, but this provision applies in cities only when 

the work is under ch. 83 or 84. This section shall not restrict the application of s. 66.0727 relating 

to special assessments against railroads for street improvements. 

(2) The public board, committee or officer in charge of an improvement of a portion of a street or 

highway adjacent to a railroad crossing shall notify the railway company of the company's 

responsibility to make the improvement in sub. (1). The notice to the company shall be in writing 

and shall specify with reasonable certainty the work to be done by the company and may be 

served on any station agent of the company in this state. But failure to give such notice shall not 

prevent a recovery from the company of such sum as may be equitably due for the performance 

of a duty imposed by this section upon the company. 

(3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or 

maintain in good and safe condition for public travel as required by this section any street or 

highway crossing after having been notified so to do by the officer in charge thereof or of the 

highway improvement for 30 days after such notification, the highway authorities may file a 

complaint with the office. The office shall investigate and determine the matter in controversy as 

provided in ch. 195. An order issued by the office under this subsection has the same effect as an 

order in a proceeding brought under ch. 195. 

(5) Any railroad company that receives notice from the department under this section with 

respect to a state trunk highway may file a claim for reimbursement with the department. The 

department shall reimburse claimants for 85 percent of the eligible costs incurred in the repair of 

a highway grade crossing. No claim for reimbursement may be paid by the department under this 

subsection unless the department approved the plans and estimated cost of the project prior to the 

start of the project. The department may inspect each completed project to verify the amount of 

the claim for reimbursement. The department shall create a procedure for establishing the 

priority for projects with respect to state trunk highways under this section for the purpose of 

programming reimbursements. 

Wis. Stat. Ann. § 86.13 (West 2021) 

§ 195.28. Protecting grade crossings 

(1) Petition; hearing; order. Upon petition of the department, city council, village board, town 

board, superintendent of highways or by 5 or more electors in any town, village or city, or of any 

railroad corporation or railroad historical society, to determine whether a public highway and 

railroad grade crossing protects and promotes public safety, the office may investigate and issue 

an appropriate order without a public hearing. If the petitioner, railroad, railroad historical 
244 

society or any interested party objects to the order and requests a hearing within 20 days after the 

date that the order is issued, the office shall proceed under s. 195.04. Notice of an investigation 

or hearing shall be served upon the department, which shall be an interested party, and any 

recommendation it may file with the office at or prior to a hearing, if there is one, regarding 

crossing protection shall be considered as evidence in the proceeding. The office shall determine 

whether the existing warning devices at such crossing are adequate to protect and promote public 

safety. If the office determines, either without or after a hearing, that protection is not adequate, 

it may order the railroad company or railroad historical society to keep a flagman at the crossing 

or to install automatic signals or other suitable safety device at specific locations at such 

crossing. The office may order the relocation of existing signals and devices to improve 

protection at a crossing. Any crossing protection installed or maintained as approved by the 

office, whether by order or otherwise, shall be deemed adequate and appropriate protection for 

the crossing. 

Wis. Stat. Ann. § 195.28 (West 2021) Excerpt from applicable statute published. 

§ 195.29. Railroad highway crossings 

(1) Petition, hearing, order. Upon petition by the common council or board of any city, village, 

town or county within or bordering upon which a highway or street crosses a railroad, or a 

highway or street is proposed to be laid out across a railroad, or a public highway bridge across a 

railroad is required to connect existing streets or highways, or upon petition by any railroad 

whose track crosses or is about to cross, or is crossed or about to be crossed by a street or 

highway, or upon petition by the department, in cases where provision has been made for the 

improvement of the highway adjacent to such crossing under any state aid or federal aid law, that 

public safety requires an alteration in such crossing, its approaches, the method of crossing, the 

location of the highway or crossing, or the closing of the crossing, and the substitution of another 

therefor at grade or not at grade, or the removal of obstructions to the view at such crossing, the 

relocation of the highway, or requires the determination of the manner of making such new 

crossing, or of making the proposed improvement or promoting the public safety or public 

convenience through any other reasonable method, and praying that the same may be ordered, 

the office shall give notice to the parties in interest and proceed to investigate the same and to 

order a hearing thereon in the manner provided by s. 195.04. The office shall determine what, if 

anything, shall be done to promote the public safety and the means by which it shall be 

accomplished, whether by the relocation of the highway, the alteration in such crossing, 

approaches, mode of crossing, location of highway crossing, closing of highway crossing, with 

or without the substitution of another therefor, the construction of a public highway bridge, the 

removal of obstructions to sight at crossing, or by the use of other reasonable methods, and by 

whom the same shall be made, and in case of new crossings the advisability of allowing such 

crossings to be established and manner of making them. 

(2) Apportionment of expense. The office shall fix the proportion of the cost and expense of 

alterations, removals and new crossings, or any other work ordered, including the damages to 

any person whose land is taken, and the special damages which the owner of any land adjoining 

the public street or highway shall sustain by reason of a change in the grade of such street or 

highway, or by reason of the removal of obstructions to view at such crossings, to be paid or 

borne by the railroad companies and the municipalities in interest. In fixing such proportion, the 

office may order such cost and expense so apportioned to be paid by the parties against which 

the apportionment shall be made. 
245 

(3) Restoration of spur tracks. Whenever the office shall have ordered a separation of the grade 

of a railway from the grade of a street or highway, it may, if safe and practicable and if a 

necessity exists therefor, order the alteration, restoration and connection of any track serving an 

industry. Demand for such restoration shall be in writing and filed with the office within 90 days 

after the date of the order for the separation of grades, and any such track for which no such 

demand shall have been made shall be deemed abandoned. If the office shall order the alteration, 

restoration and connection of any such track, it shall by its order apportion the cost thereof 

between the owner of the industry served and the railway company, in such proportion as to the 

office may seem just and equitable; and the office shall in its order prescribe the terms and 

conditions for securing the payment of such cost. 

(4) Grade separation in Milwaukee County. The office may upon petition of any town, city or 

village, or upon its own motion, when the interests of the public demand it and it is found 

practicable so to do, establish the grade of the tracks of any railroad, or of all the railroads 

throughout any county having a population of 750,000 or more, or any part thereof, and the 

grades of the streets or highways, or any of them, where they cross such railroad track or tracks, 

in anticipation of the future separation of grades of the railroad tracks from the grades of such 

streets or highways. The office, before making any such order, shall mail notice to the railroad 

company or companies affected, the owners or occupants of any building abutting on that part of 

the railroad the grade of which is to be established, all 1st class cities in the county, and if the 

grades to be established are outside the 1st class city, the towns, cities or villages in which such 

grades are to be established, of the filing of such petition or that the office contemplates 

establishing such grades, and fixing a time at which the 1st class cities and such other towns, 

cities or villages and the railroad company or companies affected thereby and any other person 

or corporation interested therein may be heard. The grades so established under this subsection 

shall be described by reference to a base or datum line to be established by the office, from 

which all elevations and the height of all grades shall be measured, and the grades so established 

shall be such that when brought to the established grade the railroad tracks will cross the streets 

and highways above or below the same. Such order shall not necessarily require a present change 

in grade but the office may at any time order the railroad track or tracks and the street and 

highways brought to the grade established or any street or highways closed by the order, in 

accordance with sub. (1), and may, at the time of making the order, apportion the cost of 

separating the grades as provided in sub. (2). 

(7) Structure requirements. Whenever the office shall order the construction or reconstruction of 

a crossing not at grade, it may direct that the structure required shall be of such character and 

constructed of such materials as it shall deem appropriate to the situation and necessary for the 

public interest. 

(8) Acquisition of lands. Any lands needed to carry out the provisions of this section may be 

acquired. 

Wis. Stat. Ann. § 195.29 (West 2021) Excerpt from applicable statute published. 

§ 195.30. Railroad crossings; grade separation, safety devices 

(1) Upon a petition by the common council of any city, or the board of any village, town or 

county within which a railroad crosses another railroad at grade, or by any such railroad, that 

public safety requires an alteration in the crossing or the installation of protective appliances, the 

office shall give notice to the parties in interest, and proceed to investigate the same and may 

order a hearing on the matter. The office shall determine what alteration in such crossing, if any, 
246 

shall be made, and by whom made and maintained, or what protective appliances shall be 

installed, operated and maintained at the crossing and by whom installed, operated and 

maintained. The office shall fix the proportion of the cost and expense of such change in grade 

and maintenance of the crossing or of the installation, operation and maintenance of the safety 

appliance which shall be paid by the railroad companies, respectively. 

(2) The provisions of this section shall apply to drawbridges, junctions and other fouling points 

on railroads. 

Wis. Stat. Ann. § 195.30 (West 2021) 

§ 346.495. Railroad crossing improvement surcharge 

(1)(a) If a court imposes a forfeiture under s. 346.49(1g) or (2m)(a), (am), (b), or (c) for a 

violation of s. 346.44, 346.445, 346.45, or 346.46(3), the court shall also impose a railroad 

crossing improvement surcharge under ch. 814 equal to 50 percent of the amount of the 

forfeiture. This paragraph does not apply to a personal delivery device operator. 

(b) If a court imposes a forfeiture under s. 346.49(2r) with respect to a violation of s. 346.44 or 

346.45, the court shall also impose a railroad crossing improvement surcharge equal to 50 

percent of the amount of the forfeiture. 

(2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement surcharge 

shall be reduced in proportion to the suspension. 

(3) If any deposit is made for an offense to which this section applies, the person making the 

deposit shall also deposit a sufficient amount to include the railroad crossing improvement 

surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing 

improvement surcharge shall be transmitted to the secretary of administration under sub. (4). If 

the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be 

returned. 

(4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad 

crossing improvement surcharge as required under s. 59.40(2)(m). The county treasurer shall 

then pay the secretary of administration as provided in s. 59.25( 3)(f)2. The secretary of 

administration shall deposit all amounts received under this subsection in the transportation fund 

to be appropriated under s. 20.395(2)(gj). 

Wis. Stat. Ann. § 346.495 (West 2021) 

Wyoming (7) 

§ 1-26-811. Crossing public highways; privileges and duties 

(a) A railroad company may raise or lower any county road or other public highway for the 

purpose of having its railroad pass over or under the road or highway. Repair or reconstruction of 

roads or highways shall be expeditiously completed. 

(b) While engaged in raising or lowering any county road or other public highway or in making 

any other alteration which may obstruct the public way, a railroad company shall provide and 

maintain suitable temporary ways to enable travelers to avoid or pass obstructions. 

Wyo. Stat. Ann. § 1-26-811 (West 2021) 

§ 1-26-812. Constructing, maintaining, abandoning or closing crossings 

(a) When any person owns land on both sides of any railroad, the company owning the railroad 

shall construct and maintain reasonably adequate means of crossing the railroad. 
247 

(b) No railroad shall abandon, close or fail to maintain any public highway crossing unless in 

accordance with the provisions of W.S. 37-10-102. 

(c) No railroad shall abandon, close or fail to maintain any other existing crossing which has 

been maintained or recognized by the railroad for more than five (5) years prior to the effective 

date of this act without: 

(i) Providing written notice of its intended action to every person owning lands adjacent to the 

crossing; 

(ii) Advertising its intended action in a newspaper of general circulation in the county of the 

crossing; and 

(iii) No sooner than three (3) weeks after providing the notice required, holding a meeting open 

to all persons at which it shall explain and at which persons shall be permitted to express their 

views on the intended action. 

(d) Any railroad violating subsection (c) of this section shall not be entitled to assert any of the 

powers provided by W.S. 1-26-810 over any lands which are part of or are adjacent to the 

crossing, until the railroad has reconstructed the crossing abandoned, closed or not maintained in 

violation of subsection (c) of this section. 

(e) In any action involving the abandonment, closing or maintenance of a railroad crossing which 

has been maintained or recognized by the railroad for more than five (5) years prior to the 

effective date of this act, the railroad shall not be entitled to assert any of the powers provided by 

W.S. 1-26-810 over any lands which are part of or are adjacent to the crossing unless the railroad 

establishes by a preponderance of the evidence: 

(i) The closing or abandonment of the crossing is justified by either financial or safety 

considerations; 

(ii) There exists reasonable alternative means of access to all property served by the crossing; 

and 

(iii) That it has complied with the provisions of this section and the Wyoming Eminent Domain 

Act. 

(f) Nothing in this section shall be construed as limiting or prohibiting any person from 

maintaining any other action at law for a railroad's failure to maintain a crossing, or 

abandonment or closing of a crossing. 

Wyo. Stat. Ann. § 1-26-812 (West 2021) 

§ 37-10-101. Highway crossing protection account established; purposes of account; use in 

connection with federal funds 

(a) In order to promote the public safety and to provide for the payment of part of the costs of 

installing, reconstructing and improving automatic and other safety appliance signals or devices 

at crossings at grade of public highways, as defined in this act, roads or streets over the track or 

tracks of any railroad corporation or street railway corporation in the state, there is created an 

account known as the highway crossing protection account within the highway fund. Before any 

funds of the highway crossing protection account shall be used to pay any part of the cost of the 

installation, reconstruction, or improvement of any signals or devices at any crossing, the 

commission shall first determine that all federal sources of funding have been exhausted. When 

federal funds are being utilized, federal guidelines as indicated in 23 C.F.R. [part] 646 shall be 

followed. For purposes of this section, “commission” means the Wyoming transportation 

commission. 

(b) As used in this act: 
248 

(i) “Public highways” means as specified in W.S. 24-1-101, but shall not include private roads; 

(ii) “This act” means W.S. 37-10-101 through 37-10-105. 

Wyo. Stat. Ann. § 37-10-101 (West 2021) 

*§ 37-10-102. Power to close or establish crossings; establishing priority for hazardous 

crossing locations 

(a) The transportation commission shall have the power and authority to close or establish 

crossings at grade of public highways as specified, or separations over or under the track or 

tracks of any railroad corporation or street railway corporation in the state of Wyoming. 

Wyo. Stat. Ann. § 37-10-102 (West 2021) Excerpt from applicable statute published. 

§ 37-10-103. Apportionment of cost of grade crossing devices and grade separation 

structures; between railroad and state, county and city government 

(a) With respect to the installation of safety devices or safety equipment at railroad-highway 

crossings, under the direction of the affected railroad, it shall be the duty of the transportation 

commission to apportion the costs and expenses of installing or reconstructing the crossings and 

safety devices between the railroads and the department of transportation or the county, city or 

other governmental entity involved in proportion to the respective benefits to be derived, and to 

make the apportionment of the costs in accordance with state and federal rules and regulations. 

(b) With respect to the initial installation of grade separation structures at railroad public 

highway crossings, a grade separation structure shall be installed by the railroad at all new 

railroad crossings of public roads or state highways, after notifying the department of 

transportation of its intent to cross the public road or highway, and if deemed appropriate after 

evaluation by the transportation commission. All installations shall be in accordance with state 

and federal rules and regulations. 

(c) With respect to separation structures for roads over or under railroads, the commission shall 

first determine that all federal sources of funding have been exhausted, and then apportion the 

remaining costs and expenses of the initial installation of the grade separation structures between 

the railroad and the department of transportation or the county, city or other governmental entity 

involved, the apportionment to be based upon the causes resulting in the need for grade 

separation structures in accordance with state and federal rules and regulations. None of the 

money in the highway crossing protection account shall be used for payment of grade separation 

structures. 

Wyo. Stat. Ann. § 37-10-103 (West 2021) 

§ 37-10-104. Apportionment of cost of grade crossing devices and grade separation 

structures; administration of highway crossing protection account 

(a) The transportation commission is charged with the administration of the highway crossing 

protection program. In order to compensate for the use of crossings by the public generally, the 

commission shall also order that one-half ( 1⁄2 ) of the cost of installing, reconstructing or 

improving signals or devices will be paid by the railroad corporation, and the balance of the costs 

will be divided between the state highway crossing protection account and the department of 

transportation or the city, town, county or other political entity in which the crossing is located in 

accordance with state and federal rules and regulations. The commission shall fix in each case 
249 

the amount to be paid from the crossing protection account and the amount to be paid by the 

department or by the city, town, county or other political entity. 

(b) The railroads shall bear all costs of maintaining in good operating condition all crossing 

surfaces and warning devices. 

(c) The governmental agency or city, town, county or other political entity having jurisdiction 

over the highway and the separation structures which crosses over or under the railroad track or 

tracks, shall bear all cost of maintenance of its own separation structures. The railroad 

corporation shall bear all costs of maintenance of its own structures over or under a public 

highway. Maintenance of joint use structures shall be by agreement between the parties involved. 

Wyo. Stat. Ann. § 37-10-104 (West 2021) 

§ 37-10-105. Transfer and credit of monies to account 

For the purpose of building up sufficient money to be used to defray the expenses of installation 

and reconstruction of automatic and other safety appliance signals and devices at railroad grade 

crossings, for the construction or the improvement of existing highway-railroad grade crossings 

to render them safe and consistent with modern highway construction practice, the custodian of 

the state highway fund shall reserve to the highway crossing protection account to be used to 

administer the program up to a maximum of ten thousand dollars ($10,000.00) per month. 

Monthly contributions shall continue until the unused balance in the account reaches the sum of 

two hundred forty thousand dollars ($240,000.00), and no further credits or transfers shall be 

made except during such time that the balance in the account is less than two hundred forty 

thousand dollars ($240,000.00). 

Wyo. Stat. Ann. § 37-10-105 (West 2021) 
250 

Chapter 3: Blocked Crossings 

Chapter Overview 

This chapter provides a state-by-state survey 

of statutory provisions concerning the 

blocking of crossings by railroads, 

exceptions to the law, and the penalties 

associated with violations of these 

provisions. A number of state laws contain 

an exception for emergencies or 

circumstances beyond the control of the 

railroad company. Within states that do not 

have relevant statutes regarding blocked 

crossings, individual cities and towns may 

have ordinances restricting the blocking of 

highway-rail grade crossings within their 

jurisdictions. However, some state and local 

laws and ordinances attempting to establish 

a maximum period of time in which trains 

and other rail equipment are permitted to 

block grade crossings have been nullified, 

when challenged in court, on the basis of 

federal preemption. Therefore, interested 

readers are also encouraged to review 

relevant case law on this issue.

Alabama (1) 

§ 37-8-115. Crew member acting on instructions not responsible for obstructing streets, etc. 

No member of a train crew, yard crew or engine crew of a railroad, which is a common carrier, 

shall be held personally responsible or found guilty of violating any law of this state or any 

municipal ordinance regulating or intended to regulate the occupying or blocking of any street, 

road or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof 

that the occupying or blocking of said street, road or highway crossing-at-grade was necessary to 

comply with the orders or instructions either written or oral of his employer or its officers or 

supervisory officials; provided, that the provisions of this section shall not relieve the employer 

or railroad from any responsibility placed upon said employee or railroad by any such state laws 

or by such municipal ordinances; provided further, that nothing contained herein shall affect any 

civil tortious responsibility of the agent, servants, employees and the railroad itself. 

Ala. Code § 37-8-115 (2021) 

Alaska (0) 

No applicable statute related to this topic 

Arizona (1) 

§ 40-852. Allowing engine or car to remain upon public crossing; classification 

An engineer, conductor or other employee or officer of a railroad company who permits a 

locomotive or cars to be or remain upon the crossing of a public highway over such railway so as 

to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of 

unavoidable accident, is guilty of a class 2 misdemeanor. 

Ariz. Rev. Stat. Ann. § 40-852 (2021) 

Arkansas (2) 

*§ 23-12-1007. Investigations—Rules
251 

(a)(1) The State Highway Commission shall make such investigations as it deems necessary, or 

as requested by state, municipal, or county officials, to properly exercise the exclusive 

jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all 

necessary orders or rules concerning train operation, train movement, permissible standing time 

for trains, and all other related matters. 

(2) The investigation of crossings shall include, but is not limited to, the reasonable availability 

or use of other crossings by vehicular or pedestrian traffic, the frequency and necessity of use of 

the railroad crossing by railroad trains and vehicular and pedestrian traffic, the restriction of 

emergency and law enforcement vehicles using the crossing, and the hours of frequent use of the 

crossing. 

(3) In the investigation, the commission shall seek the advice of Arkansas counties, 

municipalities, railroads operating within this state, and unions representing railroad employees. 

(b) Provided, unless and until the commission by order or rule provides otherwise, it is unlawful 

for any corporation, company, or person owning or operating any railroad trains in the state to 

permit a standing train to obstruct any public highway, road, street, or other railroad crossing for 

more than ten (10) minutes. 

Ark. Code Ann. § 23-12-1007 (West 2021) 

*§ 23-12-1008. Obstruction of crossing--Claim or complaint procedure--Penalty for 

unlawful delay 

(a)(1)(A) Prior to any request by a state, municipal, or county official for sanctions against a 

railroad company for violation of this section and §§ 23-12-1006 and 23-12-1007, the state, 

municipal, or county official shall state the claim or complaint in writing, by certified mail, to the 

registered agent of the railroad company in question. 

(B)(i) Within forty-five (45) days after the receipt of the written claim or complaint by the 

railroad company, the railroad company shall respond to the claim or complaint stating with 

specificity the reasons for obstructing a crossing for an unlawful period of time. 

(ii) This response shall be in writing to the complaining official by certified mail. 

(2)(A) In the event the issue is not then resolved to the satisfaction of the complaining official, 

the official shall notify the State Highway Commission in writing and shall enclose a copy of the 

complaint and response. 

(B)(i) Within sixty (60) days after receipt of the notice, the commission shall hold a hearing on 

the complaint. 

(ii) Notice of the hearing shall be given the railroad and the complainant at least twenty (20) days 

before the hearing. 

(C) The commission or its designated representative, after an appropriate notice and hearing on 

the complaint, shall determine whether the obstruction was for an unlawful period of time under 

the circumstances. 

(3)(A) If the commission makes such a finding of unlawful delay based on information presented 

at a hearing before the commission or before its designated representative, the railroad company 

charged with the violation shall be subject to a penalty to be imposed by the commission of not 

less than two hundred dollars ($200) nor more than five hundred dollars ($500) per occurrence. 

(B)(i) The decision of the commission may be appealed to the circuit court of the county in 

which the violation occurred at any time within thirty (30) days after the decision is rendered. 

(ii) Provided, the decision of the commission shall be final unless appealed as authorized herein. 
252 

(b) After the initial ten-minute period or such other period as may be prescribed by rule of the 

commission, each ten-minute period or other period as may be prescribed by rule of the 

commission that the crossing is obstructed by a standing train shall constitute a separate offense, 

and penalties may be imposed accordingly. 

(c)(1) If the crossing where a violation occurs is located within the boundaries of a city or town, 

one-half (1/2) of the moneys recovered under the provisions of this section and §§ 23-12-1006 

and 23-12-1007 shall be placed in the general fund or street fund of the municipality and onehalf (1/2) of the funds shall be placed in the State Highway and Transportation Department Fund. 

(2) All other moneys recovered under the provisions of this section shall be divided equally 

between the State Highway and Transportation Department Fund and the general road fund of 

the county in which the violation occurred. 

Ark. Code Ann. § 23-12-1008 (West 2021) 

California (0) 

No applicable statute related to this topic 

Colorado (0) 

No applicable statute related to this topic 

Connecticut (2) 

§ 13b-339. Obstruction of highway at crossing 

Any person traveling upon any public highway, which is crossed by the tracks of any railroad 

company, who is obstructed or prevented from crossing such tracks for a longer time than five 

minutes, by reason of any train, car or locomotive using or occupying such highway, or by any 

gate, may recover twenty-five dollars and costs from the corporation or person owning or 

operating such railroad, provided suit shall be brought within thirty days from the date of such 

obstruction. The person first filing notice with the Commissioner of Transportation of intention 

to bring suit under the provisions of this section shall be entitled to the only recovery for any 

such obstruction. 

Conn. Gen. Stat. Ann. § 13b-339 (West 2021) 

§ 13b-342. General orders regarding crossings. Forfeiture 

The Commissioner of Transportation may make orders for the regulation of the speed at which 

locomotives and cars shall cross highways and generally may make all orders which he deems 

necessary to prevent inconvenience to the public relating to the crossing or obstruction of 

highways by locomotives and cars. Any company which violates any such order shall forfeit to 

the state fifty dollars for each day of such violation. 

Conn. Gen. Stat. Ann. § 13b-342 (West 2021) 

Delaware (1) 

§ 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction 

(c) Every corporation operating any line of railroad within the State shall cause its trains to cross 

a highway or road for the public use within 10 minutes so that the highway or road is not blocked 

for any longer period of time, unless an emergency is the cause of the delay. 
253 

(d) Any corporation violating subsection (c) of this section shall be fined not less than $500 and 

not more than $1000 for the first conviction and not less than $1000 and not more than $2000 for 

each subsequent conviction which occurs within 1 year after a previous conviction. 

(e) Justices of the peace shall have jurisdiction of offenses under this section. There shall be a 

right of appeal to the Court of Common Pleas in every case. 

Del. Code Ann. tit. 17, § 701 (West 2021) Excerpt from applicable statute published. 

District of Columbia (2) 

§ 2211. STREETCARS, RAILROAD TRAINS, AND SAFETY ZONES 

2211.7 It shall be unlawful for the directing officer or operator of any railroad train or streetcar to 

direct the operation of or to operate the train or streetcar in such a manner as to prevent the use of 

any street for purposes of travel for a period of longer than five (5) minutes; Provided, that this 

subsection shall not apply to trains or cars in motion, other than those engaged in switching. 

D.C. Mun. Regs. tit. 18, § 2211 (2021) Excerpt from applicable regulation published. 

§ 120. RAILROADS AND RAILROAD CROSSINGS 

120.7 No highway or railway crossing in the District of Columbia on which tracks of steam 

railroad are laid shall be obstructed by any train, locomotive, car, or crossing gates for a period 

longer than five (5) minutes; nor shall a train, locomotive, car, or cars be parked or stored on a 

street for an unreasonable time. 

120.8 The supervisor of tracks or yardmaster shall be held liable and subject to prosecution for 

obstructions by crossing gates when, by his or her order, they are kept down for a longer time 

than is permitted by the rules of this chapter. 

D.C. Mun. Regs. tit. 24, § 120 (2021) Excerpt from applicable regulation published. 

Florida (2) 

§ 351.03. Railroad-highway grade-crossing warning signs and signals; audible warnings; 

exercise of reasonable care; blocking highways, roads, and streets during darkness 

(5)(a) Whenever a railroad train engages in a switching operation or stops so as to block a public 

highway, street, or road at any time from one-half hour after sunset to one-half hour before 

sunrise, the crew of the railroad train shall cause to be placed a lighted fusee or other visual 

warning device in both directions from the railroad train upon or at the edge of the pavement of 

the highway, street, or road to warn approaching motorists of the railroad train blocking the 

highway, street, or road. However, this subsection does not apply to railroad-highway grade 

crossings at which there are automatic warning devices properly functioning or at which there is 

adequate lighting. 

(b) A person who violates any provision of paragraph (a) is guilty of a misdemeanor of the 

second degree, punishable as provided in s. 775.082 or s. 775.083. 

Fla. Stat. Ann. § 351.03 (West 2021) Excerpt from applicable statute published. 

§ 351.034. Railroad-highway grade crossings to be cleared for emergency vehicles 

Except for trains or equipment stopped due to mechanical failure where separation or movement 

is not possible, any train or equipment that has come to a complete stop and is blocking a 
254 

railroad-highway grade crossing must be cut, separated, or moved to clear the crossing upon the 

approach of any emergency vehicle, which for the purpose of this law shall be: 

(1) An ambulance operated by public authority or by private persons; 

(2) A fire engine; or an emergency vehicle operated by power or electric companies; or 

(3) Any other vehicle when operated as an emergency vehicle, defined as one which is engaged 

in the saving of life, property, or responding to any other public peril; or 

(4) Emergency vehicles used as such by the Government of the United States; when upon the 

approach of such emergency vehicle, such vehicle gives due warning of its approach to such 

crossing by the sounding of sirens, flashing of lights, waving of flag, or any other warning 

sufficient to attract attention to such emergency vehicle; and thereupon the said train or 

equipment shall be cut and said crossing shall be cleared with all possible dispatch to permit the 

crossing and passing through of said emergency vehicle. 

Fla. Stat. Ann. § 351.034 (West 2021) 

Georgia (1) 

§ 46-8-197. Exemption from personal responsibility for train and yard crews blocking 

crossings under orders 

No member of a train crew, yard crew, or engine crew of a railroad common carrier shall be held 

personally responsible under, or found guilty of violating, any state laws or municipal ordinances 

regulating or intended to regulate the occupying or blocking of any street, road, or highway 

grade crossing by engines or passenger or freight cars, upon reasonable proof by the crew 

member that the occupying or blocking of the grade crossing was necessary to comply with the 

orders or instructions, either written or oral, of his employer or of the officers or supervisory 

officials of the company owning the railroad over which the engine or cars are operated; 

provided, however, that this Code section shall not relieve the employer or railroad company 

from any responsibility placed upon such employee or railroad company by any such state laws 

or municipal ordinances. 

Ga. Code Ann. § 46-8-197 (West 2021) 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (1) 

§ 49-1425. Railroad trains not to unnecessarily block crossings 

No person or government agency shall operate any train in a manner as to prevent vehicular use 

of any highway for a period of time in excess of fifteen (15) consecutive minutes except: 

(1) When necessary to comply with signals affecting the safety of the movement of trains; 

(2) When necessary to avoid striking any object or person on the track; 

(3) When the train is stopped to comply with a governmental safety regulation; 

(4) When the train is disabled; 

(5) When the train is in motion except while engaged in switching operations; 

(6) When there is no vehicular traffic waiting to use the crossing. 

Idaho Code Ann. § 49-1425 (West 2021) 
255 

Illinois (1) 

*§ 5/18c-7402. Safety requirements for railroad operations 

§ 18c-7402. Safety requirements for railroad operations. 

(1) Obstruction of crossings. 

(a) Obstruction of emergency vehicles. Every railroad shall be operated in such a manner as to 

minimize obstruction of emergency vehicles at crossings. Where such obstruction occurs and the 

train crew is aware of the obstruction, the train crew shall immediately take any action, 

consistent with safe operating procedure, necessary to remove the obstruction. In the Chicago 

and St. Louis switching districts, every railroad dispatcher or other person responsible for the 

movement of railroad equipment in a specific area who receives notification that railroad 

equipment is obstructing the movement of an emergency vehicle at any crossing within such area 

shall immediately notify the train crew through use of existing communication facilities. Upon 

notification, the train crew shall take immediate action in accordance with this paragraph. 

(b) Obstruction of highway at grade crossing prohibited. It is unlawful for a rail carrier to permit 

any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for 

a period in excess of 10 minutes, except where such train or railroad car is continuously moving 

or cannot be moved by reason of circumstances over which the rail carrier has no reasonable 

control. 

In a county with a population of greater than 1,000,000, as determined by the most recent federal 

census, during the hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m. it is 

unlawful for a rail carrier to permit any single train or railroad car to obstruct public travel at a 

railroad-highway grade crossing in excess of a total of 10 minutes during a 30 minute period, 

except where the train or railroad car cannot be moved by reason or circumstances over which 

the rail carrier has no reasonable control. Under no circumstances will a moving train be stopped 

for the purposes of issuing a citation related to this Section. 

However, no employee acting under the rules or orders of the rail carrier or its supervisory 

personnel may be prosecuted for a violation of this subsection (b). 

(c) Punishment for obstruction of grade crossing. Any rail carrier violating paragraph (b) of this 

subsection shall be guilty of a petty offense and fined not less than $200 nor more than $500 if 

the duration of the obstruction is in excess of 10 minutes but no longer than 15 minutes. If the 

duration of the obstruction exceeds 15 minutes the violation shall be a business offense and the 

following fines shall be imposed: if the duration of the obstruction is in excess of 15 minutes but 

no longer than 20 minutes, the fine shall be $500; if the duration of the obstruction is in excess of 

20 minutes but no longer than 25 minutes, the fine shall be $700; if the duration of the 

obstruction is in excess of 25 minutes, but no longer than 30 minutes, the fine shall be $900; if 

the duration of the obstruction is in excess of 30 minutes but no longer than 35 minutes, the fine 

shall be $1,000; if the duration of the obstruction is in excess of 35 minutes, the fine shall be 

$1,000 plus an additional $500 for each 5 minutes of obstruction in excess of 25 minutes of 

obstruction. 

625 Ill. Comp. Stat. Ann. 5/18c-7402 (West 2021) Excerpt from applicable statute published. 

Indiana (3) 

§ 8-6-7.5-1 Time limit 

Sec. 1. It shall be unlawful for a railroad corporation to permit any train, railroad car or engine to 

obstruct public travel at a railroad-highway grade crossing for a period in excess of ten (10) 
256 

minutes, except where such train, railroad car or engine cannot be moved by reason of 

circumstances over which the railroad corporation has no control. 

Ind. Code Ann. § 8-6-7.5-1 (West 2021) 

§ 8-6-7.5-2 Successive train movements 

Sec. 2. It shall be unlawful for a railroad corporation to permit successive train movements to 

obstruct vehicular traffic at a railroad-highway grade crossing until all vehicular traffic 

previously delayed by such train movements has been cleared or a period of five (5) minutes has 

elapsed between train movements. 

Ind. Code Ann. § 8-6-7.5-2 (West 2021) 

*§ 8-6-7.5-3 Violations 

Sec. 3. (a) A railroad corporation that violates this chapter commits a Class C infraction. The 

minimum judgment that may be entered for a Class C infraction under this section is two 

hundred dollars ($200). 

(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations of this section 

must be deposited in the industrial rail service fund established by IC 8-3-1.7-2. 

Ind. Code Ann. § 8-6-7.5-3 (West 2021) 

Iowa (1) 

*§ 327G.32. Blocking highway crossing 

1. 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: 

a. When necessary to comply with signals affecting the safety of the movement of trains. 

b. When necessary to avoid striking an object or person on the track. 

c. When the train is disabled. 

d. When necessary to comply with governmental safety regulations including but not limited to 

speed ordinances and speed regulations. 

2. a. An officer or employee of a railroad corporation violating a provision of this section is, 

upon conviction, subject to a schedule “two” penalty under section 327C.5.

b. 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. 

3. 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 
257 

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. 

4. 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. 

5. 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. 

Iowa Code Ann. § 327G.32 (West 2021) 

Kansas (2) 

§ 66-273. Permitting trains, engines or cars to stand on public highway 

Each and every railroad company or any corporation leasing or otherwise operating a railroad in 

Kansas is hereby prohibited from allowing its trains, engines or cars to stand upon any public 

road within one half mile of any incorporated or unincorporated city or town, station or flag 

station, or upon any crossing or street, to exceed ten minutes at any one time without leaving an 

opening in the traveled portion of the public road, street or crossing of at least thirty feet in 

width. 

Kan. Stat. Ann. § 66-273 (West 2021) 

§ 66-274. Same; penalty; exemption of railroad employees from certain penalties 

Any railroad company or corporation operating a line of railroad in Kansas failing or neglecting 

to comply with K.S.A. 66-273, and amendments thereto, shall be guilty of a misdemeanor, and 

upon conviction shall be punished by a fine as follows: One hundred dollars if the blocking is for 

more than 10 minutes but less than 20 minutes; $300 if the blocking is for more than 20 minutes 

but less than 30 minutes; $600 if the blocking is for 30 minutes and $600 for each additional 30 

minutes if the blocking is for more than 30 minutes. No member of a railroad train, yard, or 

engine crew shall be held personally responsible or found guilty of violating any state laws or 

any municipal ordinances regulating or intended to regulate the occupying or blocking of any 

street, road or highway crossing-at-grade by trains or passenger or freight cars upon reasonable 

proof that such person's action was necessary due to circumstances beyond such person's control, 

or to comply with the order or instructions, either written or verbal, of the person's employer or 

officers or supervisory officials. Nothing in this section shall relieve the employer or railroad 

from any responsibility placed upon such employer or railroad by any such state law or any 

municipal ordinance. 

Kan. Stat. Ann. § 66-274 (West 2021) 

Kentucky (2) 

§ 277.200 Period of obstructing highway, street or navigable stream limited 

(1) No railroad company shall obstruct any public highway or street, or the navigation of any 

stream, by stopping and permitting trains, engines or cars to stand upon a public grade crossing 

or upon a drawbridge for more than five (5) minutes at any one time, unless such stopping and 

standing is caused by circumstances beyond control of the railroad company. 
258 

(2) No member of a railroad train crew shall be held personally guilty of violating a municipal 

ordinance regulating the blocking of public grade crossings by trains, engines or cars, on proof 

that his action was necessary to comply with the orders or instructions of the railroad company or 

its officers; provided that nothing in this section shall relieve the railroad company from any 

responsibility placed upon it by said ordinance. 

Ky. Rev. Stat. Ann. § 277.200 (West 2021) 

§ 277.990 Penalties 

(6) Any railroad company that violates the provisions of KRS 277.200 shall be fined not less 

than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense. If a 

grade crossing or drawbridge is obstructed by two (2) or more trains stopping and standing 

thereon in succession without allowing accumulated highway or water traffic to pass, the 

obstruction by each such successive train shall constitute a separate offense. 

Ky. Rev. Stat. Ann. § 277.990 (West 2021) Excerpt from applicable statute published. 

Louisiana (2) 

§ 391. Obstruction of railroad grade crossings 

A. (1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular 

traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive 

minutes, except when such train, railroad car or equipment, or engine is moving or when such 

movement is prevented by any of the following: 

(a) A power brake failure or other mechanical failure. 

(b) Enforcement of the Hours of Service Act. 

(c) Derailment or other accident. 

(d) A directive of the Federal Railway Administration. 

(e) Circumstances over which the railroad company or carrier has no reasonable control, such as 

a natural disaster or acts of third parties. 

(2) No employee performing his duties under the operating rules or orders of the railroad 

company or carrier or its supervisory personnel shall be prosecuted for any violation of this 

Section. 

(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as 

follows: 

(a) If the duration of the obstruction is in excess of twenty minutes, but not longer than twentyfive minutes, the fine shall be not less than two hundred dollars nor more than five hundred 

dollars. 

(b) If the duration of the obstruction is in excess of twenty-five minutes, but not longer than 

thirty minutes, the fine shall be five hundred dollars. 

(c) If the duration of the obstruction is in excess of thirty minutes, but not longer than thirty-five 

minutes, the fine shall be seven hundred dollars. 

(d) If the duration of the obstruction is in excess of thirty-five minutes, but not longer than forty 

minutes, the fine shall be nine hundred dollars. 

(e) If the duration of the obstruction is in excess of forty minutes, but not longer than forty-five 

minutes, the fine shall be one thousand dollars. 

(f) If the duration of the obstruction is in excess of forty-five minutes, the fine shall be one 

thousand dollars plus an additional five hundred dollars for each five minutes of obstruction in 
259 

excess of forty-five minutes. However, the maximum fine shall not exceed five thousand dollars 

for an obstruction which occurs within a twenty-four hour period. 

B. (1) Every railroad shall be operated in such a manner as to minimize obstruction of 

emergency vehicles at public highway grade crossings. 

(2) Upon receiving notification from a law enforcement officer, member of a fire department, 

operator of an emergency vehicle, or a member of an emergency services provider that 

emergency circumstances require the clearing of a public highway railroad grade crossing, the 

members of the train crew of the train, railroad car or equipment, or engine blocking such 

crossing shall immediately notify the appropriate railroad dispatcher of the pending emergency 

situation and request the clearing of such crossing, consistent with the safe operation of the train. 

(3) Every railroad dispatcher or other person responsible for the movement of a train, railroad car 

or equipment, or engine in a specific area who receives notification that a train, railroad car or 

equipment, or engine is obstructing the movement of an emergency vehicle at any crossing 

within such area shall immediately notify the train crew through use of existing communication 

facilities. Upon notification, the train crew shall take immediate action in accordance with this 

Subsection. 

C. (1) Any person riding upon a train, railroad car or equipment, or engine which is running 

through or within this state who is accountable for the movement of the train, car or equipment, 

or engine shall keep on his person or upon the train, railroad car or equipment, or engine written 

identification of the person, corporation, firm, or agent by whom he is employed. 

(2) It shall be the responsibility of any railroad company or carrier operating any railroad, 

engine, or train within this state to inform the chief law enforcement officer of each parish or 

municipality in which it operates of the telephone numbers of the railroad dispatch center having 

jurisdiction over such railroad, engine, or train in the parish or municipality. The information 

shall be updated within forty-eight hours of any change, but no less than once every six months. 

D. (1) Any railroad or public agency may, by formal application to the Department of 

Transportation and Development, request a variance from the requirements of this Section or 

have different regulations provided in connection with operation over a specific crossing where 

local conditions so require. The application shall list any public agencies within the geographic 

area or any railroads which may be affected by the variance and shall detail any previous steps 

which may have been taken in an attempt to reach an agreement on or alternative to the proposed 

variance. 

(2) The department shall promulgate rules and regulations for the implementation and 

administration of the application process provided in this Subsection. 

La. Stat. Ann. § 48:391 (2021) 

§ 392. Obstruction of railroad grade crossings; moving or nonmoving trains 

A. (1) It shall be unlawful for any moving or nonmoving train, railroad car or equipment, or 

engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in 

excess of twenty consecutive minutes. 

(2) No employee performing his duties under the operating rules or orders of the railroad 

company or carrier or its supervisory personnel shall be prosecuted for any violation of this 

Section. 

(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as 

provided for in R.S. 48:391(A)(3). 
260 

B. (1) Any railroad or public agency may, by formal application to the department, request a 

variance from the requirements of this Section or have different regulations provided in 

connection with operation over a specific crossing where local conditions so require. The 

application shall list any public agencies within the geographic area or any railroads which may 

be affected by the variance and shall detail any previous steps which may have been taken in an 

attempt to reach an agreement on or alternative to the proposed variance. 

(2) The department shall promulgate rules and regulations for the implementation and 

administration of the application process provided in this Subsection. 

La. Stat. Ann. § 48:392 (2021) 

Maine (1) 

§ 7220. Speed limit at highway grade crossings 

The department is authorized to fix a maximum speed limit at which trains may be run over any 

grade crossing of a highway or other way and, when the limit has been fixed by the department, 

no engine or train may be run over the crossings at a greater speed than that fixed by the 

department and no way may be unreasonably and negligently obstructed by engines, tenders or 

cars. Any railroad corporation forfeits not more than $100 for every violation of this section. 

Me. Rev. Stat. Ann. tit. 23, § 7220 (2021) 

Maryland (0) 

No applicable statute related to this topic 

Massachusetts (1) 

§ 151. Obstruction of public way by railroad; penalty 

A railroad corporation, or receiver or assignee thereof, or its or his servant or agent, shall not 

wilfully or negligently obstruct or unnecessarily or unreasonably use or occupy a public way, or 

in any case wilfully obstruct, use or occupy it with cars or engines for more than five minutes at 

one time; and if a public way has been thus used or occupied with cars or engines, the railroad 

corporation, or receiver or assignee thereof, shall not again use or occupy it with the cars or 

engines of a freight train, until a sufficient time, not less than three minutes, has been allowed for 

the passage across the railroad of such travelers as were ready and waiting to cross when the 

former occupation ceased. A railroad corporation, receiver or assignee thereof, who violates this 

section, shall forfeit not less than two hundred nor more than five hundred dollars. 

Mass. Gen. Laws Ann. ch. 160, § 151 (West 2021) 

Michigan (1) 

§ 462.391. Obstruction of vehicular traffic by trains; penalties 

Sec. 391. (1) A railroad shall not permit a train to obstruct vehicular traffic on a public street or 

highway for longer than 5 minutes at any 1 time, except the obstruction shall not be considered a 

violation under the following circumstances: 

(a) If the train is continuously moving in the same direction at not less than 10 miles per hour for 

not longer than 7 minutes. 

(b) If the railroad can show that the incident occurred as a result of a verifiable accident, 

mechanical failure, or unsafe condition. 
261 

(2) A railroad shall not permit successive train movements to obstruct vehicular traffic on a 

public street or highway until all vehicular traffic previously delayed by such train movements 

has been cleared. 

(3) A railroad company shall not permit its employees to allow the activation of active traffic 

control devices at a railroad grade crossing for more than 2 minutes if there is no intention to 

move a train or track equipment through the crossing within 20 seconds to 60 seconds after the 

activation of the devices. 

(4) Each offense under this section shall be a separate violation punishable by a fine of not more 

than $500.00 unless the railroad is willfully, deliberately, and negligently blocking vehicular 

traffic and then the fine shall be not more than $1,000.00 and the costs of prosecution. 

(5) All fines civil or otherwise collected by a local unit of government in excess of $10,000.00 

annually from the enforcement of a local ordinance substantially similar to this section shall be 

allocated as follows: 

(a) Fifteen percent shall be retained by each local unit of government for costs of enforcement of 

the ordinance. 

(b) Eighty-five percent shall be deposited in a railroad grade crossing safety fund. The revenue 

collected in this fund shall be used solely for railroad grade crossing safety projects in these local 

units of government. 

Mich. Comp. Laws Ann. § 462.391 (West 2021) 

Minnesota (1) 

§ 219.383. Safe operation of train over road; penalty 

Subdivision 1. Speed fixed. The commissioner of transportation, on petition of a city council or a 

railway corporation, may fix and determine after a hearing a reasonable speed for the operation 

of an engine or train on and over a railroad crossing of a public highway or street in that city. 

Subd. 2. Maximum speed. Where the commissioner has fixed the speed of an engine or train 

over a public highway or street crossing in a city as provided in this section, the fixed speed is 

the lawful maximum speed at which an engine or train may be operated on and over that public 

highway or street crossing, until changed by subsequent order of the commissioner. 

Subd. 3. Not to block public road or street. No railway corporation shall permit a public road or 

street crossing a railroad track to be closed for traffic by a standing car, train, engine, or other 

railroad equipment, or by a switching movement which continuously blocks a crossing for longer 

than ten minutes. This subdivision does not apply to cities of the first class which regulate 

obstruction of streets by ordinance. 

Subd. 4. Penalty. A railway corporation violating this section is guilty of a petty misdemeanor. A 

corporation that commits a second or subsequent violation of this section is guilty of a 

misdemeanor. 

Minn. Stat. Ann. § 219.383 (West 2021) 

Mississippi (3) 

§ 77-9-235. Obstructing highway or street 

Every railroad company, upon stopping any train at a place where such railroad shall cross a 

highway, shall so uncouple its cars as not to obstruct travel upon such highway for a longer 

period than five (5) minutes. Every railroad company shall, upon stopping a train at a place 

where the railroad is crossed by a street, so uncouple the cars as not to obstruct travel thereon for 
262 

a longer period than shall be prescribed by ordinance of the city, town or village. A failure to 

observe this section shall cause a railroad company to be liable to a fine of Fifty Dollars ($50.00) 

for each offense. The conductor in charge of any train so violating the provisions of this section 

shall be liable to a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars 

($50.00), on conviction thereof. 

The provisions of this section shall be enforced by the Mississippi Department of Transportation. 

Miss. Code. Ann. § 77-9-235 (West 2021) 

§ 77-9-236. Liability for blocking road 

No member of a train crew, yard crew or engine crew of a railroad which is a common carrier 

shall be held criminally responsible or found guilty of violating any state laws or of any 

municipal ordinances regulating or intended to regulate the blocking of any street, road or 

highway grade crossings by trains or passenger or freight cars upon reasonable proof that the 

blocking of said street, road or highway grade crossings was necessary to comply with the orders 

or instructions, either written or oral, of his employer or its officers or supervisory officials; 

provided, however, that the provisions of this section shall not relieve the employer or railroad 

from any responsibility placed upon said employee or railroad by any such state laws or by such 

municipal ordinances; and provided further, that the employer or railroad shall stand in the place 

of the member of the train crew, yard crew or engine crew in such circumstances and shall be 

responsible for the violation of any such state laws or municipal ordinances and any criminal 

fines resulting therefrom. 

The provisions of this section shall be enforced by the Mississippi Department of Transportation. 

Miss. Code. Ann. § 77-9-236 (West 2021) 

§ 97-25-37. Stopping or standing at crossing 

It shall be unlawful for any locomotive or train of cars to be stopped or left standing on any 

railroad crossing, unless done under regulations adopted by those having the right to control such 

matter. Any person violating this section shall, on conviction be fined not less than one hundred 

dollars, nor more than one thousand dollars, or be imprisoned in the county jail for one year, or 

both; and if, in consequence of such violation, any person shall be killed or injured, the guilty 

party shall be imprisoned in the penitentiary not exceeding fifteen years. 

Miss. Code. Ann. § 97-25-37 (West 2021) 

Missouri (1) 

§ 71.013. Train crewman not to be personally liable under city ordinance or state statute 

for blocking crossing, when 

1. No member of a railroad train or yard crew shall be held criminally guilty of any responsibility 

of violating a state law or any municipal ordinance regulating the occupying or blocking of any 

street or highway railroad crossing-at-grade by trains or cars, upon reasonable proof that his 

action was necessary to comply with the order or instructions, either written or verbal, of his 

employer or its officers or supervisory officials; and provided, that nothing in this section shall 

relieve the employer or railroad from any responsibility placed upon said employer or railroad by 

any such state law or any municipal ordinance. 
263 

2. Every person, firm, company, or corporation, operating a railroad as a common carrier in the 

state of Missouri and violating the provisions of this section, shall be fined not less than fifty 

dollars for each separate offense. 

Mo. Ann. Stat. § 71.013 (West 2021) 

Montana (1) 

§ 69-14-626. Prohibition on extended obstruction of highway crossings 

(1) It shall be unlawful for any corporation, association, or company to willfully obstruct, 

blockade, interfere with, or prevent the free use of any public highway within the state where 

such highway crosses any railroad track outside of incorporated cities and towns by stopping any 

railroad train, car, engine, or locomotive for more than 15 minutes at any one time or by placing, 

depositing, or leaving any article or thing whatsoever on any railroad track at the point where 

any public highway crosses such track outside of incorporated cities and towns. 

(2) Any corporation, association, or company so obstructing, blockading, or interfering with the 

free use of any such highway shall be deemed guilty of a misdemeanor and upon conviction 

thereof shall be punished by a fine of not less than $25 or more than $100. This section shall not 

be construed as repealing any existing laws prohibiting encroachments upon or obstruction of 

public highways. 

Mont. Code Ann. § 69-14-626 (West 2021) 

Nebraska (3) 

*§ 17-225. Railroads; blocking crossings; penalty 

It shall be unlawful for any railroad company or for any of its officers, agents, or employees to 

obstruct with car or cars, with engine or engines, or with any other rolling stock, for more than 

ten minutes at a time, any public highway, street, or alley in any unincorporated village in the 

State of Nebraska. Any corporation, person, firm, or individual violating any provision of this 

section shall, upon conviction thereof, be fined in any sum not less than ten dollars nor more than 

one hundred dollars. 

Neb. Rev. Stat. Ann. § 17-225 (West 2021) 

§ 74-594. Train, yard, or engine crew; blocking street or highway; liability; exempt 

No member of a train crew, yard crew, or engine crew of a railroad shall be held personally 

responsible or found guilty of violating any state laws or any municipal ordinances regulating or 

intended to regulate the occupying or blocking of any street, road, or highway crossing-at-grade 

by trains or passenger or freight cars upon reasonable proof that the occupying or blocking of the 

street, road, or highway crossing-at-grade was necessary to comply with orders or instructions 

either written or oral of his or her employer or its officers or supervisory officials. This section 

shall not relieve the employer or railroad from any responsibility placed upon the employer or 

railroad by any such state laws or by such municipal ordinances. This section shall be 

supplemental to any other law. 

Neb. Rev. Stat. Ann. § 74-594 (West 2021) 

§ 74-1323. Railroad car; obstructing view at crossing; violation; penalty 
264 

(1) Unless otherwise provided by city or village ordinance, the Public Service Commission, upon 

complaint or on its own motion, as to the crossing which is the subject of the complaint or 

motion, may direct that at such crossing any railroad car that is stored or parked on a railroad 

track which may be obstructing or obscuring the traveling public's view of any oncoming train be 

stored or parked at a minimum distance from the crossing of such railroad and public road. The 

minimum distance shall be that deemed by the commission to be reasonable and necessary to 

provide a sight distance at the crossing adequate to protect the safety of the traveling public, but 

in no instance shall any person who is authorized to control the movement of such railroad car or 

cars within such distance be prevented from reasonably conducting his or her business. 

(2) Any company, its officers, agents, or employees, or any other person subject to subsection (1) 

of this section who fails, neglects, or refuses to promptly comply with an order of the 

commission issued under this section shall be guilty of a Class IV misdemeanor, but shall be 

fined not more than two hundred dollars for each offense. Each day of such neglect, refusal, or 

failure shall constitute a separate offense. 

Neb. Rev. Stat. Ann. § 74-1323 (West 2021) 

Nevada (0) 

No applicable statute related to this topic 

New Hampshire (3) 

§ 373:15 Occupancy of Crossing by Engines or Cars. 

A railroad shall not occupy a grade crossing over a highway by its engines and cars more than 5 

minutes at one time without authority from the department of transportation. 

N.H. Rev. Stat. Ann. § 373:15 (2021) 

§ 373:16 Exceptions to 5 Minute Occupations. 

I. The department of transportation, upon petition, notice and hearing, may fix the maximum 

time for the occupancy of a railroad on a grade crossing over a highway. The maximum time 

shall not exceed 9 minutes. 

II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the time of maximum 

occupancy of a grade crossing. 

N.H. Rev. Stat. Ann. § 373:16 (2021) 

§ 373:17 Penalty. 

Any person who violates the provisions of any of the preceding sections, or of any order of the 

department of transportation made hereunder, shall be guilty of a violation if a natural person, or 

guilty of a misdemeanor if any other person, unless otherwise specifically provided. 

N.H. Rev. Stat. Ann. § 373:17 (2021) 

New Jersey (1) 

§ 39:4-94. Railroad blocking highway 

No employee of a steam or electric railroad company shall operate a locomotive, train or 

crossing gate in such a manner as to unnecessarily prevent or interfere with the use of a highway 

for the purpose of travel. 
265 

N.J. Stat. Ann. § 39:4-94 (West 2021) 

New Mexico (0) 

No applicable statute related to this topic 

New York (1) 

§ 53-c. Obstructing farm and highway crossings 

Any officer or employee of a railroad corporation who shall intentionally obstruct, and any 

owner, officer or employee of a railroad corporation who shall intentionally cause to be 

obstructed any farm or highway crossing with any locomotive, train or car for a longer period 

than five consecutive minutes is guilty of a violation which shall be punishable by a fine of not 

more than one hundred dollars or imprisonment for not more than fifteen days or by both such 

fine and imprisonment. Notwithstanding the foregoing provisions of this section or any local 

ordinance to the contrary, no owner, officer or employee of a railroad corporation who obstructs, 

or causes to be obstructed, any farm or highway crossing shall be subject to any civil, criminal or 

other penalty where such person has no control over the situation causing the obstruction or 

where the locomotive, train or car cannot be moved without endangering the safety of the 

passengers, the public or freight. 

N.Y. R.R. Law § 53-c (McKinney 2021) 

North Carolina (0) 

No applicable statute related to this topic 

North Dakota (3) 

§ 49-11-01. Obstruction of crossing by railroad--Provision for temporary way 

Every railroad corporation while engaged in raising or lowering any railroad track or in making 

any other alterations, by means of which a railroad crossing may be obstructed, shall provide and 

keep in good order a suitable temporary way and crossing with adequate protection to enable 

travelers to avoid or pass such obstruction. 

N.D. Cent. Code Ann. § 49-11-01 (West 2021) 

§ 49-11-19. Blocking or obstructing crossing with train--Penalty 

1. A person may not operate any train in a manner as to prevent vehicular use of any roadway for 

a period of time in excess of ten consecutive minutes except: 

a. When necessary to comply with safety signals affecting the safety of the movement of trains; 

b. When necessary to avoid striking any object or person on the track; 

c. When the train is disabled, by accident or otherwise; 

d. When the train is in motion except when engaged in switching operations or loading or 

unloading operations; 

e. When vehicular traffic is not waiting to use the crossing; 

f. When necessary to comply with a government statute or regulation; or 

g. When allowed by written agreement between the governmental entity that controls the 

roadway and the interested commercial entities. The agreement must indicate which party is 

responsible for the timely notification of local emergency service providers regarding the 

crossing that will be blocked and the period of time the crossing will be blocked. 
266 

2. A person that violates this section is guilty of a class B misdemeanor. This section does not 

apply to a city that has an ordinance covering the same subject matter. 

N.D. Cent. Code Ann. § 49-11-19 (West 2021) 

§ 49-11-19.1. Blocking or obstructing alternative crossings--Penalty 

Any person operating a train who shall block or obstruct a public railroad crossing and who has 

the alternative of blocking or obstructing a crossing with active grade crossing traffic control 

devices or a crossing without such device shall, where feasible, and subject to the exception set 

forth in section 49-11-19, leave open the crossing with active grade crossing control devices. 

Any person who violates this section is guilty of an infraction. 

N.D. Cent. Code Ann. § 49-11-19.1 (West 2021) 

Ohio (3) 

§ 5589.21 Obstruction of public roads by railroad companies 

(A) No railroad company shall obstruct, or permit or cause to be obstructed a public street, road, 

or highway, by permitting a railroad car, locomotive, or other obstruction to remain upon or 

across it for longer than five minutes, to the hindrance or inconvenience of travelers or a person 

passing along or upon such street, road, or highway. 

(B) At the end of each five minute period of obstruction of a public street, road, or highway, each 

railroad company shall cause such railroad car, locomotive, or other obstruction to be removed 

for sufficient time, not less than three minutes, to allow the passage of persons and vehicles 

waiting to cross. 

(C) This section does not apply to obstruction of a public street, road, or highway by a 

continuously moving through train or caused by circumstances wholly beyond the control of the 

railroad company, but does apply to other obstructions, including without limitation those caused 

by stopped trains and trains engaged in switching, loading, or unloading operations. 

(D) If a railroad car, locomotive, or other obstruction is obstructing a public street, road, or 

highway in violation of division (A) of this section and the violation occurs in the unincorporated 

area of one or more counties, or in one or more municipal corporations, the officers and 

employees of each affected county or municipal corporation may charge the railroad company 

with only one violation of the law arising from the same facts and circumstances and the same 

act. 

(E) Upon the filing of an affidavit or complaint for violation of division (A) of this section, 

summons shall be issued to the railroad company pursuant to division (B) of section 2935.10 of 

the Revised Code, which summons shall be served on the regular ticket or freight agent of the 

company in the county where the offense occurred. 

Ohio Rev. Code Ann. § 5589.21 (West 2021) 

§ 5589.24 Moneys collected 

(A) All fines collected for a violation of division (A) of section 5589.21 or 5589.211 of the 

Revised Code shall be paid as follows: 

(1) To the railroad grade crossing improvement fund of the county if the violation occurred in an 

unincorporated area of the county; 

(2) To the railroad grade crossing improvement fund of the municipal corporation in which the 

violation occurred if the violation occurred in a municipal corporation. 
267 

(B) The board of county commissioners of each county and the legislative authority of each 

municipal corporation shall establish a railroad grade crossing improvement fund. The fund shall 

consist of fines paid to the county or municipal corporation under division (A) of this section and 

any other moneys allocated to the fund by the county or municipal corporation. Except as 

otherwise provided in this division, a county or municipal corporation shall use its railroad grade 

crossing improvement fund to pay any part of the cost assigned by the public utilities 

commission to the county or municipal corporation under section 4907.471 of the Revised Code. 

The county or municipal corporation also may use its railroad grade crossing improvement fund 

for other improvements to railroad grade crossings, including signs, signals, gates, or other 

protective devices, as the board of county commissioners or legislative authority of a municipal 

corporation determines to be appropriate. 

If, during any fiscal year, the fines a county collects for violations of division (A) of section 

5589.21 and section 5589.211 of the Revised Code equal three thousand dollars or less, during 

the subsequent fiscal year the county may use that amount of money in its railroad grade crossing 

improvement fund for any purpose that the board of county commissioners determines to be 

appropriate. 

If, during any fiscal year, the fines a county collects for violations of division (A) of section 

5589.21 and section 5589.211 of the Revised Code exceed three thousand dollars, during the 

subsequent two fiscal years the county shall use all the money in its railroad grade crossing 

improvement fund only for those purposes described in this division. In such a case, the amount 

of money the county collects for violations of division (A) of section 5589.21 and section 

5589.211 of the Revised Code during the fiscal year immediately following the second of those 

two fiscal years shall determine the disposition under this division of the money the county 

collects during that fiscal year. 

Ohio Rev. Code Ann. § 5589.24 (West 2021) 

§ 5589.211 Obstruction of public roads by railroad companies; abandonment of locomotive 

No railroad company shall obstruct, or permit or cause to be obstructed, a public street, road, or 

highway, by permitting any part of a train whose crew has abandoned the locomotive to remain 

across it for longer than five minutes to the hindrance or inconvenience of travelers or a person 

passing along or upon the street, road, or highway, unless the safety of the train crew requires 

them to abandon the locomotive. 

Upon the filing of an affidavit or complaint for violation of this section, summons shall be issued 

to the railroad company pursuant to division (B) of section 2935.10 of the Revised Code, which 

summons shall be served on the regular ticket or freight agent of the company in the county 

where the offense occurred. 

Ohio Rev. Code Ann. § 5589.211 (West 2021) 

Oklahoma (0) 

No applicable statute related to this topic 

Oregon (3) 

*§ 811.475. Obstruction of rail crossings; penalties 

(1) A person commits the offense of obstructing a rail crossing if the person is operating a 

vehicle and the person does either of the following: 
268 

(a) Drives onto any railroad or rail fixed guideway public transportation system grade crossing 

when there is not sufficient space on the other side of the railroad or rail fixed guideway public 

transportation system grade crossing to accommodate the vehicle the person is operating without 

obstructing the passage of other vehicles, pedestrians, railroad trains, other on-track equipment 

or rail fixed guideway public transportation system vehicles; or 

(b) While driving a commercial motor vehicle, fails to negotiate the rail crossing because of 

insufficient undercarriage clearance. 

(2) The offense described in this section is applicable whether or not a traffic control device 

indicates to proceed. 

(3) The offense described in this section, obstructing rail crossings, is a Class B traffic violation. 

Or. Rev. Stat. Ann. § 811.475 (West 2021) 

§ 824.222. Time limitation for crossing to be blocked by equipment; petition; penalties 

(1) The power to fix and regulate the length of time a public railroad-highway grade crossing 

may be blocked by railroad equipment is vested exclusively in the state. 

(2)(a) Upon petition of the public authority in interest, or of any railroad or upon the Department 

of Transportation's own motion, the department shall, after due investigation and hearing, unless 

hearing is not required under ORS 824.214, enter an order fixing and regulating the length of 

time a public railroad-highway grade crossing may be blocked by railroad equipment. 

(b) Upon petition of a person, the department shall investigate and may hold a hearing and, 

following a hearing, may enter an order fixing and regulating the length of time a public railroadhighway grade crossing may be blocked by railroad equipment. 

(3) The time limits fixed by the department shall be maximum time limits and shall be 

commensurate with reasonable requirements of train and vehicular traffic operations. 

(4) Violation of a time limit fixed by the department under this section is punishable by a civil 

penalty of not less than $100 nor more than $3,000 for each offense. 

Or. Rev. Stat. Ann. § 824.222 (West 2021) 

§ 824.223. Regulation of distance between crossing and parked equipment; petition; 

penalties 

(1) The power to regulate the distance from a public railroad-highway grade crossing at which a 

railroad may stop or park equipment is vested exclusively in the state. 

(2)(a) Upon petition of the public authority in interest, or of any railroad or upon the Department 

of Transportation's own motion, the department shall, after due investigation and hearing, unless 

hearing is not required under ORS 824.214, enter an order establishing a safe distance from a 

public railroad-highway grade crossing at which a railroad may stop or park equipment. 

(b) Upon petition of a person, the department shall investigate and may hold a hearing and, 

following a hearing, may enter an order establishing a safe distance from a public railroadhighway grade crossing at which a railroad may stop or park equipment. 

(3) In determining what constitutes a safe distance under subsection (2) of this section, the 

department shall consider issues including, but not limited to, hazards associated with public 

railroad-highway grade crossings that do not have active protective devices. 

(4) Violation of an order issued under subsection (2) of this section is punishable by a civil 

penalty of not less than $100 nor more than $3,000 for each offense. 

Or. Rev. Stat. Ann. § 824.223 (West 2021) 
269 

Pennsylvania (3) 

§ 3713. Railroad trains not to block crossings 

No person or government agency shall operate any train in such a manner as to prevent vehicular 

use of any roadway for a period of time in excess of five consecutive minutes except under 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 any object or person on the track. 

(3) When the train is disabled. 

(4) When the train is in motion except while engaged in switching operations. 

(5) When there is no vehicular traffic waiting to use the crossings. 

(6) When necessary to comply with a governmental safety regulation. 

75 Pa. Stat. and Cons. Stat. Ann. § 3713 (West 2021) 

§ 6907. Obstructing public crossings 

It shall be a summary offense for any railroad to obstruct or block up the passage of any 

crossings of a highway, or obstruct such crossings, with its rolling stock. If any engineer, or any 

member of the train crew, or other agent of any such railroad, shall obstruct or block up such 

crossings, he shall be guilty of a summary offense. 

18 Pa. Stat. and Cons. Stat. Ann. § 6907 (West 2021) 

§ 6908. Obstructing private crossings 

It shall be a summary offense for any railroad to continue to obstruct or block up the passage of 

any private crossing, wherever any private road or crossing-place may be necessary to enable the 

occupant or occupants of land or farms to pass over the railroad with livestock, wagons and 

implements of husbandry, after the railroad shall have received at least 15 minutes verbal notice 

to remove its rolling stock, or other obstructions from any such private road or crossing-place. 

18 Pa. Stat. and Cons. Stat. Ann. § 6908 (West 2021) 

Rhode Island (1) 

§ 39-8-4. Obstruction of highway crossings 

No railroad corporation, nor its servants or agents, shall willfully or negligently obstruct or 

unnecessarily use or occupy a highway, city or town way, or street, nor in any case at a street or 

highway grade crossing, with cars or engines for more than five (5) minutes at one time; and 

whenever a highway, city or town way or street has been thus used or occupied with cars or 

engines, no railroad corporation shall again use or occupy the same with cars or engines until a 

sufficient time, not less than three (3) minutes, has been allowed for the passage across the 

railroad of such travelers as were ready and waiting to cross when the former occupation ceased. 

For every violation of the provisions of this section, the corporation shall be fined not less than 

twenty-five dollars ($25.00) nor more than one hundred dollars ($100). 

39 R.I. Gen. Laws Ann. § 39-8-4 (West 2021) 

South Carolina (2) 

§ 57-7-240. Obstruction of roads by railroad cars and other obstacles. 
270 

If any person shall obstruct unnecessarily any street, public road or highway by permitting any 

railroad car or locomotive to be or remain upon or across any street, public road or highway for a 

longer period than five minutes, after notice to remove such car or locomotive has been given to 

the conductor, engineer, agent or other person in charge of such car or locomotive or shall permit 

any timber, wood or other obstruction to remain upon or across any such street, road or highway 

to the hindrance or inconvenience of travelers or any person passing along or upon such street, 

road or highway, such person so offending shall forfeit and pay for every such offense a sum not 

exceeding twenty nor less than five dollars and shall be liable for all damages arising to any 

highway, to be recovered by an action at the suit of the county in which such offense shall have 

been committed or any person suing for the same, before any magistrate within the county in 

which such offense shall have been committed or by indictment in the court of general sessions 

or suit in the court of common pleas. All fines so accruing under the provisions of this section, 

when collected, shall be paid over by the magistrate to the county treasurer for the district in 

which such offense was committed. Every twenty-four hours such person, after being notified, 

shall suffer such obstruction to remain, to the hindrance or inconvenience of travelers or any 

person going along or upon such road or highway, shall be deemed an additional offense against 

the provisions of this section. 

S.C. Code Ann. § 57-7-240 (2021) 

§ 58-17-4080. Penalty and damages for obstruction of highway by railroad car, locomotive 

or other object. 

If any person, including any conductor of any train of railroad cars or any other agent or servant 

of any railroad company, shall obstruct unnecessarily any public road or highway by permitting 

any railroad car or locomotive to be or remain upon or across any street, public road or highway 

for a longer period than five minutes, after notice to remove such cars has been given to the 

conductor, engineer, agent or other such person in charge of such train or shall permit any 

timber, wood or other obstruction to remain upon or across any such street, road or highway to 

the hindrance or inconvenience of travelers or any person passing along or upon such street, road 

or highway, every such person so offending shall forfeit and pay for every such offense any sum 

not exceeding twenty nor less than five dollars and shall be liable for all damages arising to any 

highway, to be recovered by an action at the suit of the governing body of the county in which 

such offense shall have been committed or any person suing therefor, before any magistrate 

within the county in which such offense shall have been committed or by indictment in the court 

of general sessions or suit in the court of common pleas. All fines so accruing under the 

provisions of this section, when collected, shall be paid over by the magistrate to the county 

treasurer for the district in which such offense was committed. Every twenty-four hours such 

person, after being notified, shall suffer such obstructions to the hindrance or inconvenience of 

travelers or any person going along or upon such road or highway to continue shall be deemed an 

additional offense against the provisions of this section. 

S.C. Code Ann. § 58-17-4080 (2021) 

South Dakota (2) 

§ 49-16A-94. Blocking of highway crossings--Employees not liable where blocking 

necessary under state or federal rules 
271 

No railroad employee shall be held liable for any railroad engine or cars occupying or blocking 

any street, road, or highway grade crossing where such occupying or blocking is necessitated or 

required in order to comply with a rule, regulation or order issued by any state or federal 

regulatory body. 

S.D. Codified Laws § 49-16A-94 (2021) 

§ 49-16A-119. Trains prohibited from blocking streets, roads or highways during 

emergency--Violation as misdemeanor 

A standing railroad engine or car may not occupy or block any street, road, or highway grade 

crossing for more than twenty consecutive minutes, if the path of any emergency vehicle making 

an emergency trip is blocked by the railroad engine or car, unless it is disabled, by accident or 

otherwise and cannot be moved without striking any object or person on track. A violation of this 

section by a railroad corporation is a Class 2 misdemeanor. 

S.D. Codified Laws § 49-16A-119 (2021) 

Tennessee (0) 

No applicable statute related to this topic 

Texas (0) 

No applicable statute related to this topic 

Utah (1) 

*§ 41-6a-1204. Trains--Interference with vehicles limited 

(1) A person or government agency may not operate a train in a manner to prevent vehicular use 

of a roadway for a period of time in excess of five consecutive minutes except: 

(a) when necessary to comply with signals affecting the safety of the movement of trains; 

(b) when necessary to avoid striking any object or person on the track; 

(c) when the train is disabled; 

(d) when the train is in motion or while engaged in switching operations; 

(e) when there is no vehicular traffic waiting to use the crossing; 

(f) when necessary to comply with a governmental safety regulation; or 

(g) as determined by a highway authority. 

(2) A violation of this section is an infraction. 

Utah Code Ann. § 41-6a-1204 (West 2021) 

Vermont (2) 

§ 3586. Obstructing crossings; penalty 

A person, corporation, or the agents or employees thereof, owning or operating a railroad, who 

willfully or negligently obstruct a public highway or farm crossing with engines, tenders, or cars, 

shall be fined not more than $20.00 nor less than $5.00. 

Vt. Stat. Ann. tit. 5, § 3586 (West 2021) 

§ 3587. Obstructing crossing more than five minutes; penalty; exemption 
272 

(a) When a railroad crosses a highway or road required for farm use at rail level, the company 

operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or 

railroad car, or any portion thereof, to stand on any part of such highway or road for a longer 

period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer 

period than five minutes at any one time. A person or corporation violating the provisions of this 

section shall be fined not more than $50.00 nor less than $5.00. 

(b) The provisions of this section shall not apply to: 

(1) any grade crossings now existing or hereinafter established over the line of railroad extending 

through the city of Rutland between the River Street underpass and the Pine Street overpass; and 

(2) the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and 

the class 4 town highway known as Gagnon Road (town highway #12). 

Vt. Stat. Ann. tit. 5, § 3587 (West 2021) 

Virginia (1) 

§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track 

It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to 

obstruct for a longer period than five minutes the free passage on any street or road by standing 

cars or trains across the same, except a passenger train while receiving or discharging 

passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be 

lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or 

endanger a moving train; provided that when a train has been uncoupled, so as to make a 

passway, the time necessarily required, not exceeding three minutes, to pump up the air after the 

train has been recoupled shall not be included in considering the time such cars or trains were 

standing across such street or road. Any such railroad company, receiver or trustee, violating any 

of the provisions of this section shall be fined not less than $100 nor more than $500; provided 

that the fine may be $100 for each minute beyond the permitted time but the total fine shall not 

exceed $500. 

This section shall not apply when the train is stopped due to breakdown, mechanical failure or 

emergency. 

Va. Code Ann. § 56-412.1 (West 2021) 

Washington (0) 

No applicable statute related to this topic 

West Virginia (3) 

§ 31-2A-2. Blocking of crossing prohibited; time limit 

(a) It is unlawful for any railroad company, except in an emergency, to order, allow or permit the 

operation of or to operate or to so operate its system so that a train blocks the passage of 

vehicular traffic over the railroad crossing of any public street, road or highway of this state for a 

period longer than ten minutes. This section does not apply to an obstruction of any such street, 

road or highway caused by a continuously moving train or caused by circumstances wholly 

beyond the control of the railroad, but does apply to all other obstructions as aforesaid, including, 

but not limited to, those caused by a stopped train or a train engaged in switching, loading or 

unloading operations: Provided, That if any such train is within the jurisdictional limits of any 

municipality which now has or hereafter shall have in force and effect an ordinance limiting the 
273 

time a railroad crossing may be blocked by a train, such ordinance shall govern, and the 

provisions of this article shall not be applicable. 

(b) Upon receiving notification from a law-enforcement officer, member of a fire department, 

operator of an emergency medical vehicle, or a member of an emergency services provider that 

emergency circumstances require the immediate clearing of a public highway railroad grade 

crossing, the members of the train crew of the train, railroad car or equipment, or engine 

blocking such crossing shall immediately notify the appropriate railroad dispatcher of the 

pending emergency situation. Upon receipt of notice of such emergency circumstances by the 

train crew or dispatcher, the railroad shall immediately clear the crossing, consistent with the 

safe operation of the train. 

W. Va. Code Ann. § 31-2A-2 (West 2021) 

§ 31-2A-3. Responsibility of railroad company 

The railroad company shall be solely responsible for the acts of its agents and employees in 

violating any provision of this article or any provision of any ordinance of any municipality or 

any provision of any order of a county or other public authority regulating the period of time any 

such street, road or highway may be so blocked by a train. 

W. Va. Code Ann. § 31-2A-3 (West 2021) 

§ 31-2A-6. Fines and penalties 

(a) Any railroad company, carrier or railroad violating the provisions of subsection (a), section 

two of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less 

than one hundred fifty dollars; upon a second conviction occurring at the same crossing within 

one year thereafter, shall be fined not less than two hundred fifty dollars; and upon a third or 

subsequent conviction occurring at the same crossing within one year after the first conviction, 

shall be fined not less than three hundred fifty dollars. 

(b) Any railroad company, carrier or railroad violating the provisions of subsection (b), section 

two of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less 

than one thousand dollars; upon a second conviction occurring at the same crossing within one 

year thereafter, shall be fined not less than two thousand five hundred dollars; and upon a third or 

subsequent conviction occurring at the same crossing within one year after the first conviction, 

shall be fined not less than five thousand dollars. 

W. Va. Code Ann. § 31-2A-6 (West 2021) 

Wisconsin (1) 

§ 192.292. Trains obstructing highways 

It shall be unlawful to stop any railroad train, locomotive or car upon or across any highway or 

street crossing, outside of cities, or leave the same standing upon such crossing longer than 10 

minutes, except in cases of accident; and any railroad company that shall violate this section 

shall be liable to a fine of not more than $500 or any officer of such company responsible for the 

violation shall be liable to imprisonment of not more than 15 days. 

Wis. Stat. Ann. § 192.292 (West 2021) 

Wyoming (0) 
274 

No applicable statute related to this topic 

 
275 

Chapter 4: Warning Devices – Passive 

Chapter Overview 

This chapter presents a state-by-state survey 

of laws and regulations concerning the use 

of passive warning devices at highway-rail 

grade crossings. (An FRA regulation related 

to passive warning devices is also cited 

below.) Approximately 28 percent of the 

reported 204,6152 highway-rail grade 

crossings in the United States have passive 

warning devices. For purposes of this 

chapter, passive warning devices do not 

include automatic gates and flashing lights 

or other train-activated devices. Passive 

warning devices are designed to direct the 

attention of the driver to the location of the 

highway-rail grade crossing so that drivers 

may exercise caution when traversing the 

crossing. The messages conveyed by these 

devices provide warning and guidance, but 

they may also direct mandatory action by 

the driver. Passive warning devices include 

regulatory, warning, and guide signs, as well 

as supplemental pavement markings. Most 

states require that passive warning devices 

conform to the Federal Highway 

Administration’s Manual on Uniform 

Traffic Control Devices. However, a number 

of states publish and follow their own traffic 

control device manuals. 

FRA (1) 

*§ 234.245 Signs. 

Each sign mounted on a highway-rail grade crossing signal post shall be maintained in good 

condition and be visible to the highway user. 

49 C.F.R. § 234.245 (West 2021) 

Alabama (1) 

§ 37-2-80. Railroad signs. 

Every railroad company must erect, at all points where its road crosses any public road, at a 

sufficient elevation to admit of the free passage of vehicles of every kind, a sign, with large and 

distinct letters placed thereon, to give notice of the proximity of the railroad and warn persons of 

the necessity of looking out for the cars. 

Ala. Code § 37-2-80 (West 2021) 

Alaska (1) 

§ 15.481. Railroad accommodation policy. 

(d) A railroad/highway crossing sign (crossbuck) must be installed on the right-hand side of the 

roadway on each approach to any crossing, except when, in the discretion of the department, it is 

determined that local conditions require an alternate location. Where railroad/highway crossing 

signals are used, the crossbuck must be an integral part of the signal assembly. A supplemental 

sign indicating the number of tracks must be used where there are two or more sets of tracks at 

the crossing. 

Alaska Admin. Code tit. 17, § 15.481(021) Excerpt from applicable statute published. 

2

 According to the Federal Railroad Administration Office of Safety Analysis as of June 2021. 
276 

Arizona (1) 

§ 28-852. Dangerous railroad grade crossing 

The director, and local authorities with the approval of the director, may designate particularly 

dangerous highway grade crossings of railroads and may erect stop signs at the crossings. If the 

stop signs are erected, the driver of a vehicle shall stop within fifty feet but not less than fifteen 

feet from the nearest rail of the railroad and shall proceed only on exercising due care. 

Ariz. Rev. Stat. Ann. § 28-852 (2021) 

Arkansas (2) 

§ 23-12-411. Crossing signs 

(a) Every railroad corporation in this state shall cause boards to be placed, well-supported by 

posts or otherwise, and constantly maintained across each public road or street where the public 

road or street is crossed by the railroad on the same level. 

(b)(1) The boards shall be elevated so as not to obstruct travel and to be easily seen by travelers. 

(2) On each side of the boards shall be printed, in capital letters of at least the size of nine inches 

(9′′) each, the words, “RAILROAD CROSSING”.

(3) This section shall not apply to streets in cities or villages unless the corporation is required to 

put up the boards by the officers having charge of the streets. 

Ark. Code Ann. § 23-12-411 (West 2021) 

§ 27-51-706. Dangerous crossings--Designation, crime 

(a) The State Highway Commission and local authorities, with the approval of the commission, 

are authorized to designate particularly dangerous state highway grade crossings of railroads and 

to erect stop signs there. 

(b) When stop signs are erected, the driver of any vehicle shall stop within fifty feet (50′) but not 

less than ten feet (10′) from the nearest rail of the railroad and shall proceed only upon exercising 

due care. 

(c) Any person, owner, or driver of any automobile, truck, motorcycle, or other motor-driven 

vehicle violating the provisions of this section shall be deemed guilty of a misdemeanor and 

upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than 

twenty-five dollars ($25.00). 

(d) This section shall be cumulative to the other laws of this state and shall not repeal any laws or 

parts of laws except where specifically in conflict with this section. 

Ark. Code Ann. § 27-51-706 (West 2021) 

California (2) 

§ 7538. Farm and private crossings; stop signs 

At every farm or private grade crossing of a railroad where no automatic grade crossing 

protective device is in place there shall be installed, as a means of protecting the crossing, one or 

more stop signs of the type described in Section 21400 of the Vehicle Code or of such other 

design as the commission may prescribe unless, after a hearing, the commission shall find that 

the installation of such sign or signs at a particular crossing would create a hazard or dangerous 

condition that would not otherwise exist. At any grade crossing where stop signs are installed or 

in place, before traversing such crossing the driver of any vehicle shall stop such vehicle not less 
277 

than 10 nor more than 50 feet from the nearest rail of the track and while so stopped shall listen, 

and look in both directions along the track, for any approaching train or other equipment using 

such rails. The vehicle shall remain standing while any train or other equipment using such rails 

is approaching the crossing and is close enough to constitute a hazard. A driver of any vehicle 

who fails to keep his vehicle standing while any train or equipment using such rails is 

approaching the crossing and which is so close as to constitute a hazard is guilty of a 

misdemeanor. 

Cal. Pub. Util. Code § 7538 (West 2021) 

§ 21400. Uniform standards and specifications prescribed by Department of 

Transportation; revision of California Manual on Uniform Traffic Control Devices

(a)(1) The Department of Transportation shall, after consultation with local agencies and public 

hearings, adopt rules and regulations prescribing uniform standards and specifications for all 

official traffic control devices placed pursuant to this code, including, but not limited to, stop 

signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street 

name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to 

Section 21364. 

Cal. Veh. Code § 21400 (West 2021) Excerpt from applicable statute published. 

Colorado (0) 

No applicable statute related to this topic 

Connecticut (2) 

§ 13b-344. Signs at grade crossings. Notification of locations of railroad crossings. Local 

police or firemen to direct traffic at crossings with malfunctioning gates or signals 

(a) Each town, city or borough shall place, inspect and maintain warning signs and pavement 

markings consisting of stop lines and advance warning markings on each highway approaching a 

crossing at grade of such highway and the tracks of any railroad within the respective limits of 

such town, city or borough. Such signs shall be furnished by the railroad company crossing such 

highway. Such signs and pavement markings shall conform with the Federal Highway 

Administration's Manual on Uniform Traffic Control Devices and shall be placed in a manner 

that conforms with said manual. If in the case of any such crossing it appears that the placing of 

the signs prescribed by this section is impracticable or unnecessary, the Commissioner of 

Transportation may release such municipality from the obligation of placing and maintaining 

such signs on the highway near such crossing. The Department of Transportation shall annually 

notify in writing the appropriate town, city or borough of the location of all railroad crossings 

within the respective limits of such town, city or borough and the obligations of such town, city 

or borough under the provisions of this subsection. 

(b) Each town, city or borough, upon receipt of a report of a malfunctioning grade crossing gate 

or signal shall dispatch local police or firemen to the crossing who shall, upon consultation with 

the railroad company crossing such highway, either direct traffic across the crossing or to an 

alternate route until such time as the railroad company crossing such highway repairs the gate or 

signal or assumes responsibility for directing traffic. 

Conn. Gen. Stat. Ann. § 13b-344 (West 2021) 
278 

§ 13b-345a. Towns authorized to petition the department to install a mandatory stop on 

any municipal or state highway approaching a crossing at grade 

Any town, city or borough may petition the Department of Transportation to provide a 

mandatory stop on any municipal or state highway approaching a crossing at grade. Upon receipt 

of any such petition, the department shall fix a time and place of hearing, within a reasonable 

time, and shall provide notice of such hearing to the public through publication of notice in a 

newspaper having general circulation in the town, city or borough where such crossing is 

located. Within sixty days of the hearing the department shall render a written decision on the 

petition. 

Conn. Gen. Stat. Ann. § 13b-345a (West 2021) 

Delaware (1) 

§ 501. Erection of signs by local authorities; signs necessary to enforce local regulations 

Local authorities in their respective jurisdictions may erect and maintain signs designating 

residence and business districts, highways and steam or interurban railway grade crossings and 

such other signs as may be deemed necessary to carry out this title and such additional signs as 

may be appropriate to give notice of local parking and other special regulations. Local parking 

and other special regulations shall not be enforceable against an alleged violation if, at the time 

and place of the alleged violation, an appropriate sign giving notice thereof is not in proper 

position and sufficiently legible to be seen by an ordinarily observant person. 

Del. Code Ann. tit. 21, § 501 (West 2021) 

District of Columbia (1) 

§ 120. RAILROADS AND RAILROAD CROSSINGS 

120.10 The person or persons, or corporation or corporations using the railroad sidings, switches, 

and standing tracks shall be responsible for the construction of the protection devices; and for 

maintaining them in sound, safe, and serviceable condition once they are approved by the Mayor. 

D.C. Mun. Regs. tit. 24, § 120 (2021) Excerpt from applicable statute published. 

Florida (2) 

§ 316.171. Traffic control devices at railroad-highway grade crossings 

Every railroad company operating or leasing any track intersecting a public road at grade and 

upon which railroad trains are operated shall erect traffic control devices that are necessary to 

conform with the requirements of the uniform system of traffic control devices adopted pursuant 

to s. 316.0745. This section does not require the railroad company to erect those devices, such as 

pavement markings and advance warning signs, which are the responsibility of the governmental 

entity having jurisdiction over or maintenance responsibility for the public road. Any change in 

the design of a traffic control device in the uniform system of traffic control devices applies only 

at new installations and at locations where replacements of existing devices are being made. 

Fla. Stat. Ann. § 316.171 (West 2021) 

§ 351.03. Railroad-highway grade-crossing warning signs and signals; audible warnings; 

exercise of reasonable care; blocking highways, roads, and streets during darkness 
279 

(1) Every railroad company shall exercise reasonable care for the safety of motorists whenever 

its track crosses a highway and shall be responsible for erecting and maintaining crossbuck 

grade-crossing warning signs in accordance with the uniform system of traffic control devices 

adopted pursuant to s. 316.0745. Such crossbuck signs shall be erected and maintained at all 

public or private railroad-highway grade crossings. 

(2) Advance railroad warning signs and pavement markings shall be installed and maintained at 

public railroad-highway grade crossings in accordance with the uniform system of traffic control 

devices by the governmental entity having jurisdiction over or maintenance responsibility for the 

highway or street. All persons approaching a railroad-highway grade crossing shall exercise 

reasonable care for their own safety and for the safety of railroad train crews as well as for the 

safety of train or vehicle passengers. 

Fla. Stat. Ann. § 351.03 (West 2021) Excerpt from applicable statute published. 

Georgia (2) 

§ 40-6-141. All vehicles must stop at certain railroad grade crossings 

The Department of Transportation and local authorities with the approval of the department are 

authorized to designate particularly dangerous highway grade crossings of railroads and to erect 

stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop within 

50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon 

exercising due care. 

Ga. Code Ann. § 40-6-141 (West 2021) 

§ 46-8-194. Erection and maintenance of railroad crossbuck signs; standards for signs 

By July 31, 1976, each railroad company shall erect and continue to maintain a reflectorized 

railroad crossbuck sign at each grade crossing where a railroad crossbuck sign is required by 

Georgia law to be erected. Such reflectorized railroad crossbuck signs shall conform to standards 

established by the Georgia Department of Transportation. 

Ga. Code Ann. § 46-8-194 (West 2021) 

Hawaii (1) 

§ 291C-92. All vehicles must stop at certain railroad grade crossings 

The director of transportation and the counties are authorized to designate particularly dangerous 

highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are 

erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the 

nearest rail of such railroad and shall proceed only if no train is approaching. If a train is 

approaching, and is approximately within fifteen hundred feet of the crossing, the driver must not 

proceed until after the train has passed. 

Haw. Rev. Stat. Ann. § 291C-92 (West 2021) 

Idaho (0) 

No applicable statute related to this topic 

Illinois (1) 

*§ 5/18c-7401. Safety Requirements for Track, Facilities, and Equipment 
280 

§ 18c-7401. Safety Requirements for Track, Facilities, and Equipment. 

(1) General Requirements. Each rail carrier shall, consistent with rules, orders, and regulations of 

the Federal Railroad Administration, construct, maintain, and operate all of its equipment, track, 

and other property in this State in such a manner as to pose no undue risk to its employees or the 

person or property of any member of the public. 

(2) Adoption of Federal Standards. The track safety standards and accident/incident standards 

promulgated by the Federal Railroad Administration shall be safety standards of the 

Commission. The Commission may, in addition, adopt by reference in its regulations other 

federal railroad safety standards, whether contained in federal statutes or in regulations adopted 

pursuant to such statutes. 

(3) Every rail carrier operating in the State of Illinois shall construct and maintain every highway 

crossing over its tracks within the State so that the roadway at the intersection shall be as flush 

with the rails as superelevated curves will allow, and, unless otherwise ordered by the 

Commission, shall construct and maintain the approaches thereto at a grade of not more than 5% 

within the right of way for a distance of not less the 6 feet on each side of the centerline of such 

tracks; provided, that the grades at the approaches may be maintained in excess of 5% only when 

authorized by the Commission. Every rail carrier operating within this State shall remove from 

its right of way at all railroad-highway grade crossings within the State, such brush, shrubbery, 

and trees as is reasonably practical for a distance of not less than 500 feet in either direction from 

each grade crossing. The Commission shall have power, upon its own motion, or upon 

complaint, and after having made proper investigation, to require the installation of adequate and 

appropriate luminous reflective warning signs, luminous flashing signals, crossing gates 

illuminated at night, or other protective devices in order to promote and safeguard the health and 

safety of the public. Luminous flashing signal or crossing gate devices installed at grade 

crossings, which have been approved by the Commission, shall be deemed adequate and 

appropriate. The Commission shall have authority to determine the number, type, and location of 

such signs, signals, gates, or other protective devices which, however, shall conform as near as 

may be with generally recognized national standards, and the Commission shall have authority to 

prescribe the division of the cost of the installation and subsequent maintenance of such signs, 

signals, gates, or other protective devices between the rail carrier or carriers, the public highway 

authority or other public authority in interest, and in instances involving the use of the Grade 

Crossing Protection Fund, the Illinois Department of Transportation. Except where train crews 

provide flagging of the crossing to road users, yield signs shall be installed at all highway 

intersections with every grade crossing in this State that is not equipped with automatic warning 

devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in 

lieu of the yield sign when an engineering study conducted in cooperation with the highway 

authority and the Illinois Department of Transportation has determined that a stop sign is 

warranted. If the Commission has ordered the installation of luminous flashing signal or crossing 

gate devices at a grade crossing not equipped with active warning devices, the Commission shall 

order the installation of temporary stop signs at the highway intersection with the grade crossing 

unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is 

not appropriate, the Commission may order the installation of other appropriate supplemental 

signing as determined by an engineering study. The temporary signs shall remain in place until 

the luminous flashing signal or crossing gate devices have been installed. The rail carrier is 

responsible for the installation and subsequent maintenance of any required signs. The 

permanent signs shall be in place by July 1, 2011. 
281 

625 Ill. Comp. Stat. Ann. 5/18c-7401 (West 2021) Excerpt from applicable statute published. 

Indiana (3) 

§ 8-6-6-1 Specifications and requirements; violations 

Sec. 1. It is a Class C infraction for a person, or the lessee or receiver of any person, who owns 

or operates any line of steam or interurban railroad to run trains without installing and 

maintaining, at each grade crossing of its railroad with any public highway, railroad crossing 

signs (crossbucks) and number of tracks signs if required, placed at right angles with the 

highway, where possible. The construction of the signs and warning notice must be in 

conformance with the manual on uniform traffic control devices adopted under IC 9-21-2-1. 

Ind. Code Ann. § 8-6-6-1 (West 2021) 

§ 8-6-15-3 Signage 

Sec. 3. An abandoned or unused railroad grade crossing designated under section 2 of this 

chapter must be marked with signs reading “tracks out of service”. The signs must:

(1) be posted and maintained by the department or the local road authority having jurisdiction 

over the roadway; and 

(2) be in conformance with the Indiana Manual on Uniform Traffic Control Devices for Streets 

and Highways as adopted under IC 9-21-2-1. 

Ind. Code Ann. § 8-6-15-3 (West 2021) 

§ 8-6-15-4 Notice to resume operation 

Sec. 4. (a) The railroad shall provide the department and the local road authority having 

jurisdiction over a roadway with written notice at least thirty (30) days prior to resuming 

operation over an abandoned or unused railroad crossing. The notice must include a request that 

the signs posted under section 3 of this chapter be removed from the crossing. 

(b) After removal of the signs under subsection (a), the railroad shall mark the railroad grade 

crossing for six (6) months with signs reading “train traffic resumed-tracks in service”.

Ind. Code Ann. § 8-6-15-4 (West 2021) 

Iowa (2) 

§ 321.342. Stop at certain railroad crossings--posting warning 

1. The driver of any vehicle approaching a railroad grade crossing across which traffic is 

regulated by a stop sign, a railroad sign directing traffic to stop, or an official traffic control 

signal displaying a flashing red or steady circular red colored light shall stop prior to driving 

across the railroad grade crossing at the first opportunity at either the clearly marked stop line or 

at a point near the crossing where the driver has a clear view of the approaching railroad train or 

railroad track equipment. 

2. The department, city or county shall be required to post the standard sign as prescribed by the 

manual on uniform traffic-control devices adopted by the department pursuant to section 321.252 

in advance of each railroad grade crossing to warn the motorist that the motorist is approaching a 

railroad grade crossing. Upon properly posting all railroad grade crossings within its jurisdiction 

and upon implementing the standards established in accordance with section 307.26, the 

department, city, or county shall not have any other affirmative duty to warn a motor vehicle 

operator approaching or at the railroad grade crossing. 
282 

Iowa Code Ann. § 321.342 (West 2021) 

§ 327G.2. Crossings--signs 

Every corporation constructing or operating a railway shall make and construct at all points 

where such railway crosses any public road good, sufficient, and safe crossings and erect at such 

points, at a sufficient elevation from such road as to admit a free passage of vehicles of every 

kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the 

railway, and warn persons of the necessity of looking out for trains. Any railway company 

neglecting or refusing to comply with the provisions of this section shall be liable for all 

damages sustained by reason of such refusal or neglect, and it shall only be necessary, in order to 

recover, for the injured party to prove such neglect or refusal. 

Iowa Code Ann. § 327G.2 (West 2021) 

Kansas (2) 

§ 8-1552. Designation of dangerous railroad grade crossings; vehicles required to stop, 

when 

The secretary of transportation and local authorities, with the approval of the secretary, are 

hereby authorized to designate particularly dangerous highway grade crossings of railroads and 

to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop 

within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and 

shall proceed only upon exercising due care. 

Kan. Stat. Ann. § 8-1552 (West 2021) 

§ 66-2,121. Railroad-highway crossing signs; specifications 

Every railway corporation shall cause railroad-highway crossing signs in the form of a crossbuck 

to be erected, well supported by posts or otherwise, alone or in combination with other protective 

devices, and constantly maintained on the right-hand side of the traveled public road or street, on 

each approach to the crossing when the same is crossed by the railway on the same level. Said 

railroad-highway crossing signs shall be elevated so that they may be easily seen by travelers. 

Each side of a railroad-highway sign shall be a white reflectorized background, with the words 

“RAILROAD CROSSING” in black lettering. When crossbuck signs are a part of a flashing 

light signal assembly, such signs and assemblies shall conform to the manual and specifications 

adopted by the secretary of transportation pursuant to K.S.A. 8-2003. If any such crossing 

consists of two or more tracks, including sidings, the number of tracks shall be indicated on an 

auxiliary sign of inverted T-shape, mounted below the railroad-highway crossing sign. Said 

auxiliary sign shall be of white reflectorized background, with black lettering. This section shall 

not apply to streets in cities, unless the railway corporation shall be required to put up such 

railroad-highway crossing signs by the governing body of such city, or the officer thereof having 

charge of such streets. 

Kan. Stat. Ann. § 66-2,121 (West 2021) 

Kentucky (2) 

*§ 189.560 Railroad crossings; duties of motor vehicle operators and commercial drivers; 

railroad’s liability for death or injury
283 

(1) The operator of a vehicle shall stop and remain standing at a railroad grade crossing when 

any of the following conditions exist: 

(a) A visible electric or mechanical signal device warns of the immediate approach of a railroad 

train or other on-track equipment; 

(b) A crossing gate is lowered warning of the immediate approach or passage of a railroad train 

or other on-track equipment; 

(c) An approaching train or other on-track equipment is visible and in hazardous proximity; or 

(d) A human flagman signals the approach or passage of a train or other on-track equipment. 

(2) In addition to subsection (1) of this section, a person who holds or is required to hold a CDL 

as defined in KRS 281A.010 and is driving a commercial motor vehicle shall: 

(a) Slow down and check that the railroad tracks are clear of an approaching train; 

(b) Stop and remain standing at a railroad grade crossing if the railroad tracks are not clear; 

(c) Maintain sufficient space to drive completely through the railroad grade crossing without 

stopping; and 

(d) Negotiate a railroad grade crossing only with sufficient undercarriage clearance. 

(3) Whenever the tracks of any railroad or interurban railway over which trains or cars are 

regularly operated cross a state maintained highway at grade, the cabinet may designate that 

crossing as “unsafe,” and no operator of any vehicle shall cross the crossing without first 

bringing his vehicle to a full stop no closer than a marked stop line or fifteen (15) feet, nor more 

than thirty (30) feet, from the nearest rail of the tracks. 

(4) At crossings designated “unsafe,” the cabinet shall place and maintain on each side of the 

tracks on the right side of the highway, at the marked stopping position, or, if the stopping 

position is not marked, on the pavement not more than twenty-five (25) feet in advance of the 

track, an octagonal shape sign of a type and size currently approved for use by the cabinet 

bearing the word “Stop” in white letters not less than ten (10) inches in height.

(5) The cabinet shall install the signs described in subsection (3) of this section, within sixty (60) 

days after the crossing is designated unsafe. 

(6) Subsections (3) to (5) of this section shall not apply to grade crossings at which have been 

constructed and maintained gates, electric warning signals, or other automatic audible signals, or 

which are protected by watchmen. 

(7) The failure to observe subsections (3) to (6) of this section shall not change the liability of 

any railroad or interurban railway in the trial of any civil case against the railroad or interurban 

railway for death or injuries, to person or property. 

(8) If subsection (7) of this section is declared unconstitutional, then subsections (3) to (8) of this 

section shall be ineffective. 

Ky. Rev. Stat. Ann. § 189.560 (West 2021) 

§ 277.160 Signs at railroad crossings; imitation forbidden 

(1) Every railroad company shall cause signal boards to be placed and constantly maintained at 

each public highway where it is crossed by the railroad track at the same level, except that such 

boards need not be put up in any city unless required by the city authorities. The boards shall be 

well supported, and shall be placed so as to be easily seen by travelers and not to obstruct travel, 

and shall contain on each side, in capital letters at least five (5) inches high, the words “Railroad 

Crossing.”
284 

(2) No person shall erect on or near a public highway any signboard or other contrivance similar 

to or like the danger signals used by railroads, interurbans and electric railway companies at road 

crossings. 

Ky. Rev. Stat. Ann. § 277.160 (West 2021) 

Louisiana (2) 

§ 169. Cross buck, stop and warning signs, traffic control devices 

A. Any person, firm, or corporation controlling any railroad track which intersects a public road 

or street at grade crossings, except those contained in the maintenance system of the department, 

shall erect and maintain a “Railroad Cross Buck” sign at the crossings above referred to which 

shall be white with the “Railroad Crossing” in black letters. The sign shall be reflectorized. If 

there are two or more tracks, same shall be indicated on an auxiliary sign of inverted “T” shape 

mounted below the cross buck. This sign shall be erected on the right hand side of the roadway 

of such approach to the crossing not more than fifty feet nor less than fifteen feet from the 

nearest rail and not less than six feet or more than twelve feet from the edge of the roadway. The 

sign shall be ten feet above the level of the highway and said sign shall be constructed in 

accordance with the standards of the department. 

B. The person, firm, or corporation controlling any railroad track hereinabove referred to may, 

with written approval of the chief engineer of the department or his designated representative, 

erect stop signs at any grade crossings of railroads on highways not contained in the state 

maintenance system. Said signs shall be octagonal in shape, shall have a red background, and 

carry the word “stop” in white letters all in accordance with the standards of the department. Said

signs shall be located not less than fifteen feet nor more than fifty feet from the nearest rail and 

shall be erected on the right hand side of the highway of each approach to the crossing and not 

less than six feet nor more than twelve feet from the edge of the roadway. Where “stop” signs are 

erected the said railroad shall also erect and maintain a railroad advance warning sign on the 

right side of the road not less than one hundred feet nor more than three hundred feet from the 

nearest rail of said crossing measured along the highway, said sign shall be a yellow disk thirtysix inches in diameter carrying a ninety degree cross buck x and the letters R.R. in black in 

accordance with the standards of the department. When such signs are erected, the driver of any 

vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such 

railroad and shall proceed only upon the exercising of due care and being sure that it is safe to 

proceed. 

C. All cross buck and warning signs provided for herein shall be installed by the person, firm or 

corporation controlling the railroad as the present signs are replaced. 

D. Subsections A and B of this Section do not apply to grade crossings of any roadway which is 

contained in the state maintained highway system. 

La. Stat. Ann. § 32:169 (2021) Excerpt from applicable statute published. 

*§ 172. All vehicles must stop at certain railroad grade crossings 

A. (1) The department shall determine highway grade crossings of railroads on state maintained 

highways or roads which are of particular danger to public safety and shall erect stop signs 

thereat. 

(2) The department shall also make a preliminary determination of highway grade crossings of 

railroads on non-state maintained public highways or roads which are of particular danger to 
285 

public safety which shall be made available to parishes and municipalities. The governing 

authorities of such parishes and municipalities may erect stop signs at such crossings. 

(3) The department shall promulgate rules and regulations, not later than December 15, 1998, 

which set forth criteria to determine those crossings which are particularly dangerous, to include 

but not be limited to crossings where multiple collisions have occurred, crossings which are high 

profile crossings, and crossings with reduced sight distance or visibility. When such stop signs 

are erected, the driver of any vehicle shall stop within fifty feet, but not less than fifteen feet, 

from the nearest rail of such railroad and shall proceed only upon exercising due care. 

B. The opinions and final report of the department promulgated or published pursuant to this 

Section shall not be subject to any discovery or production nor be admissible evidence in any 

judicial proceeding in this state. 

C. A decision of the department relative to the placement of a stop sign at a crossing which 

possesses any other warning device shall not be considered as presumptive or conclusive 

evidence of fault on the part of the state or its agents or any political subdivision or its agents. 

D. Nothing in this Section shall relieve the railroad of its responsibility to maintain safe crossings 

and operate its trains and other on-track equipment in a safe manner. 

La. Stat. Ann. § 32:172 (2021) 

Maine (6) 

§ 1251. Erection of warning signs 

There shall be placed and thereafterward maintained warning signs on every highway or other 

way within the State approaching a crossing at grade of such highway or other way and the 

tracks of a railroad. Such signs shall be placed on each side of such crossing at such distances as 

shall be determined upon by the Department of Transportation which is required, and vested with 

authority, to cause to be located and maintained such warning signs. In the compact parts of 

cities and towns where the conditions mentioned in section 2920 exist and are observed and at all 

other places where in the judgment of the 2 commissions such signs are unnecessary, no such 

warning signs need be erected. 

Me. Rev. Stat. Ann. tit. 23, § 1251 (2021) 

§ 1252. Signs to be clearly visible; removal of obstructions 

The signs referred to in section 1251 shall be of such size, design and color as shall be 

established by order of the Department of Transportation. Such signs shall be placed in 

conspicuous locations at a distance not less than 300 feet from the nearest rail of such crossing 

unless conditions make it reasonable to cause such signs to be located at a lesser distance from 

said rail. Such locations shall always be kept clear that such signs shall be plainly visible and the 

municipal officers of the several towns in which such signs are located are authorized and 

required either on their own motion or when requested by the department to cut down, trim or 

remove all bushes, trees or other obstructions which may impair the view of any such signs. 

Me. Rev. Stat. Ann. tit. 23, § 1252 (2021) 

§ 1253. State pays expense 

The expense of the erection and maintenance of each warning sign mentioned in sections 1251 

and 1252 shall be borne by the State and paid out of any highway funds not otherwise 

appropriated. 
286 

Me. Rev. Stat. Ann. tit. 23, § 1253 (2021) 

§ 1253-A. Stop signs at highway-railroad grade crossings 

The Department of Transportation is authorized to designate any highway-railroad grade 

crossing as a stop intersection and to install and maintain stop signs thereat. The department is 

authorized to so designate such highway-railroad grade crossings on town ways, and local 

municipalities shall, when ordered by the department, erect and maintain stop signs on such town 

ways. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but 

not less than 10 feet from the nearest rail of such railroad and shall proceed only upon exercising 

due care. 

Any person who shall operate a vehicle in violation of this section shall be guilty of a 

misdemeanor and upon conviction thereof shall be punished by a fine of not more than $50 or by 

imprisonment for not more than 60 days, or by both. 

The expense of the erection and maintenance of each stop sign installed by virtue of this section 

shall be borne by the railroad. 

Me. Rev. Stat. Ann. tit. 23, § 1253-A (2021) 

§ 7211. Crossing signs on each side of track; whistle and bell 

At every temporary crossing, established in accordance with section 7210, boards with the words 

“Temporary railroad crossing, stop, look, listen” distinctly painted on each side, in letters plainly 

legible, shall be placed on each side line of the railroad right-of-way at the crossing, on a post or 

other structure, in a position as to be easily seen by persons about to cross the railroad at those 

places. For any crossing so established, engine bells shall be rung and engine whistles sounded, 

as provided in section 7214. 

Me. Rev. Stat. Ann. tit. 23, § 7211 (2021) 

§ 7214. Signboards at grade crossings; ringing of engine bells 

Every railroad corporation shall cause signboards with the words “Railroad Crossing” distinctly 

painted on each side of the signboards, or as a minimum on one side if signboards are placed 

facing on-coming traffic in each direction, in letters plainly legible, to be placed and constantly 

maintained at the side of highways and town ways where they are crossed at grade by those 

railroads, on posts or other structures, in a position as to be easily seen by persons passing on 

those ways. Every corporation shall cause a whistle and a bell of at least 35 pounds in weight to 

be placed on each locomotive used on its railroad, and the whistles shall be sounded as a warning 

beginning at a distance of 990 feet, on standard or narrow gauge railroads, from all crossings of 

those ways on the same level, unless the Department of Transportation, on petition of the 

corporation or of the municipal officers or of 10 or more residents of any city or town in which 

the crossing is located, after notice and hearing, shall order the sounding of the whistle to be 

discontinued in any city or village until further order of the department. The bell shall be rung at 

a distance of 990 feet, on standard or narrow gauge railroads, from grade crossings and be kept 

ringing until the engine has passed the crossings. On petition of 10 or more residents of the State, 

after notice to the railroad corporation and a public hearing, the department may in writing order 

the corporation to give additional warning to travelers on those ways by requiring the sounding 

of the whistles or the ringing of the bells at other places where the railroads cross the public ways 

other than at grade or run contiguous to the ways, and the orders shall have the same force and 

place the same obligations on railroad corporations as when required under this section. 
287 

The Commissioner of Transportation may temporarily erect experimental signs at certain grade 

crossings instead of the signboards with the words “Railroad Crossing,” as required in this 

section, for the purpose of conducting research for the development of improved signs. The 

erection of experimental signs by the department at a particular crossing shall relieve the railroad 

company using that crossing from any liability in damages, which might otherwise arise against 

that company by the temporary removal or temporary obliteration of the railroad company 

signboard required by this section. The erection and removal of the temporary signs shall be at 

the expense of the department and the removal and reinstallation of signboards with the words 

“Railroad Crossing” shall also be at the expense of the department.

Nothing in this section prevents the department from making further rules for safety at any 

crossing, including a private, temporary, farm or industrial crossing, as it deems expedient or 

necessary. 

Me. Rev. Stat. Ann. tit. 23, § 7214 (2021) 

Maryland (2) 

§ 9-313. Warnings at highway crossings 

Signs at highway crossings 

(a) At each place where its tracks cross a public highway, a Maryland railroad company shall 

erect signs high enough to allow all vehicles to pass and with large and distinct letters that warn 

of the proximity of the railroad crossing and of the necessity to look for trains. 

Liability 

(b) A Maryland railroad company that neglects or refuses to comply with the requirements of 

this section is liable for any resulting injuries to individuals or damages to property. 

Md. Code Ann., Pub. Util. § 9-313 (West 2021) 

§ 21-702. Stop signs at railroad crossings 

Stop signs at dangerous crossings 

(a) The State Highway Administration and any local authority with the approval of the State 

Highway Administration may place a stop sign at any railroad grade crossing of a highway that 

the local authority or State Highway Administration designates as a particularly dangerous 

crossing. 

Distance vehicle required to stop 

(b) If the driver of a vehicle approaches the stop sign, the driver: 

(1) Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; and 

(2) May proceed only on exercising due care. 

Md. Code Ann., Transp. § 21-702 (West 2021) 

Massachusetts (7) 

§ 140. Signs protecting public ways 

Every railroad corporation shall cause boards, supported by posts or otherwise at such height as 

to be easily seen by travelers, and not obstructing travel, containing on each side in capital letters 

at least nine inches long the following inscription,--RAILROAD CROSSING--LOOK OUT FOR 

THE ENGINE,--to be placed and constantly maintained across each public way where it is 

crossed by the railroad at the same level; or the corporation may substitute therefor warning 
288 

boards on each side of the crossing, of such form, size and description as the department 

approves. 

Mass. Gen. Laws Ann. ch. 160, § 140 (West 2021) 

§ 141. Signs protecting a traveled place 

The board of aldermen of a city or the selectmen of a town where a traveled place is crossed by a 

railroad at the same level, if of opinion that it is necessary for the better security of the public 

that boards such as are described in the preceding section should be maintained at such traveled 

place, may in writing request the railroad corporation to erect and maintain them. If it refuses or 

neglects so to do, they may apply to the department. If the department, after public notice and a 

hearing, decides that such erection is necessary for the better security of the public, the 

corporation shall comply with such decision. 

Mass. Gen. Laws Ann. ch. 160, § 141 (West 2021) 

§ 142. Signs erected by municipalities 

Every county, city and town shall, except as hereinafter provided, and the department of 

highways shall, unless in any case it deems it unnecessary or impracticable so to do, place and 

maintain warning signs on every public way subject to its jurisdiction where the way crosses the 

tracks of a railroad at grade. Said warning signs shall be placed in a conspicuous location beside 

the public way on each side of the crossing at a distance of not less than two hundred and fifty 

feet from the nearest rail of the crossing and shall conform in design with the official standards 

of the department of highways. 

Mass. Gen. Laws Ann. ch. 160, § 142 (West 2021) 

§ 143. Signs erected by municipality; duty to supply 

Every railroad corporation shall, within four months after receiving a written request therefor, 

furnish to any county, city or town in the commonwealth, or to the department of highways, as 

the case may be, a sufficient number of such warning signs to enable such county, city or town, 

or the said department, from time to time to comply with the preceding section. The said signs 

shall be furnished, as aforesaid, without charge, unless they are to be used for replacement 

purposes, in which case the railroad corporation may require the payment of the net cost thereof. 

Mass. Gen. Laws Ann. ch. 160, § 143 (West 2021) 

§ 144. Release of railroad or municipality from duty to provide signs 

When it appears that the placing of the signs prescribed by section one hundred and forty or 

section one hundred and forty-two or by both of said sections, is impracticable or unnecessary, 

the department, on petition, may release the railroad corporation or the county, city or town, as 

the case may be, from compliance with said section or sections. 

Mass. Gen. Laws Ann. ch. 160, § 144 (West 2021) 

§ 145. Violations; penalties 

If any county, city or town shall neglect, for sixty days, to comply with the requirements of 

section one hundred and forty-two, unless released therefrom by order of the department of 

telecommunications and energy, or unless prevented by the failure of any railroad corporation to 
289 

comply with the requirements of section one hundred and forty-three, or if any railroad 

corporation shall neglect, for sixty days after the expiration of the four months prescribed in 

section one hundred and forty-three, to comply with the requirements thereof, it shall forfeit one 

dollar for each day during which such neglect continues, to be recovered in an action of tort 

brought in the name and for the use of the commonwealth by the attorney general or by the 

district attorney of the district where the violation occurred. 

Mass. Gen. Laws Ann. ch. 160, § 145 (West 2021) 

§ 147A. Reflectorizing of signs, etc., at crossings 

All signs, signal posts, gates or other devices maintained by a railroad corporation at a grade 

crossing shall be reflectorized in accordance with standards prescribed by the department of 

telecommunications and energy. 

Mass. Gen. Laws Ann. ch. 160, § 147A (West 2021) 

Michigan (3) 

*§ 257.668. Railroad crossings designated as stop or yield crossings; signage; failure of 

other on-track equipment to trigger electric or mechanical signal device 

Sec. 668. (1) The state transportation department with respect to highways under its jurisdiction 

and the county road commissions and local authorities with respect to highways under their 

jurisdiction may designate certain grade crossings of railways by highways as “stop” crossings, 

and erect signs at the crossings notifying drivers of vehicles upon the highway to come to a 

complete stop before crossing the railway tracks. When a crossing is designated and signposted 

as provided in this subsection, the driver of a vehicle shall stop not more than 50 feet but not less 

than 15 feet from the railway tracks. The driver shall then traverse the crossing when it may be 

done in safety. 

(2) The state transportation department with respect to highways under its jurisdiction and the 

county road commissions and local authorities with respect to highways under their jurisdiction 

may designate certain grade crossings of railways by highways as yield crossings, and erect signs 

at the crossings notifying drivers of vehicles upon the highway to yield. Yield signs may be 

mounted on the same post as the crossbuck sign. Drivers of vehicles approaching a yield sign at 

the grade crossing of a railway shall maintain a reasonable speed based upon existing conditions 

and shall yield the right-of-way. The cost of yield sign installations shall be borne equally by the 

railroad and the governmental authority under whose jurisdiction the highway rests. The erection 

of or failure to erect, replace, or maintain a stop or yield sign or other railroad warning device, 

unless the device or sign was ordered by public authority, is not a basis for an action of 

negligence against the state transportation department, county road commissions, the railroads, 

or local authorities. 

(3) If other on-track equipment does not trigger the activation of an electric or mechanical signal 

device, and employees of the railroad have followed all applicable railroad operating rules, there 

is no basis for a civil action against the railroad that operated the other on-track equipment, the 

state transportation department, a county road commission, or a local authority, or an employee 

or agent of the railroad that operated the other on-track equipment, the state transportation 

department, a county road commission, or a local authority. 

(4) A person who fails to stop or yield as required by this section is responsible for a civil 

infraction. 
290 

Mich. Comp. Laws Ann. § 257.668 (West 2021) 

§ 462.303. Requirement of traffic control devices at crossings 

Sec. 303. The department, at no cost to the freight railroads or adjacent property owners, may 

order traffic control devices at existing farm, other private, bicycle, and pedestrian crossings of 

the railroad tracks of a high speed rail corridor including signs, signals, crossing gates, movable 

barriers, or other devices. The department may determine the number, type, and location of 

signs, signals, gates, or other types of safety devices which shall conform as closely as possible 

with generally recognized national standards. 

Mich. Comp. Laws Ann. § 462.303 (West 2021) 

§ 462.311. Furnishing and maintenance of passive traffic control devices and highway 

street lighting at grade crossings 

Sec. 311. (1) The road authority, at its own expense, shall furnish, renew, and maintain all 

passive traffic control devices on public streets or highways approaching grade crossings of 

streets and highways with railroad tracks, including the various advance warning signs, railroad 

pavement markings, railroad grade crossing signs, number of tracks signs, and other special signs 

located, designed, and maintained as prescribed by the Michigan manual of uniform traffic 

control devices. The number of tracks sign shall include a designation “railroad crossing 

__________ tracks” (insert number of tracks), indicating the actual number of tracks to be 

crossed. If there is only 1 track in the crossing, the sign stating the number of tracks shall be 

omitted. These passive traffic control devices shall conform to designs prescribed by the 

department and shall be subject to revision from time to time as the department considers 

necessary in the interest of public safety, conforming as closely as possible with generally 

recognized national standards. 

(2) The department, for the purposes of this act, may install and maintain or arrange for the 

installation and maintenance of highway street lighting at any grade crossing of a state trunkline 

highway. 

Mich. Comp. Laws Ann. § 462.311 (West 2021) 

Minnesota (7) 

§ 219.06. Signs at crossings 

A railroad company shall maintain, wherever its lines cross a public road, a proper and 

conspicuous sign indicating the crossing. A railroad company failing to comply with this section 

shall forfeit to the town or municipality having charge of the road $10 for each day the failure 

continues. 

Minn. Stat. Ann. § 219.06 (West 2021) 

*§ 219.17. Uniform warning signs 

The commissioner by rule shall require that uniform warning signs be placed at grade crossings. 

There are four distinct types of uniform warning signs: a crossbuck sign, for use in the 

immediate vicinity of the crossing; an advance warning sign, to indicate the approach to a grade 

crossing; a yield sign with the word “yield” plainly appearing on it; and, when deemed necessary 

and instead of a yield sign, a stop sign with the word “stop” plainly appearing on it, to indicate 
291 

that persons on the highway approaching the crossing, whether in vehicles or otherwise, must 

come to a stop before proceeding over the grade crossing. 

Minn. Stat. Ann. § 219.17 (West 2021) 

*§ 219.18. Railroad to erect sign 

At each grade crossing established after April 23, 1925, and where and when crossing signs 

existing as of April 24, 1925, are replaced, the railway company operating the railroad at that 

crossing shall erect and maintain one or more uniform crossbuck signs. The signs must be on 

each side of the railroad tracks and within 50 feet from the nearest rail, or at a distance greater 

than 50 feet as determined by the commissioner. 

Minn. Stat. Ann. § 219.18 (West 2021) 

§ 219.19. Additional warning sign 

At each grade crossing where, because of the conditions surrounding it, the reasonable protection 

to life and property necessitates placing additional warning signs on the highway farther from the 

crossing than the home crossing signs, approach warning signs must be installed. The 

commissioner may designate grade crossings requiring additional signs on either or both sides of 

the crossing. Upon designating a crossing as requiring additional protection, the commissioner 

shall notify the road authority having the care of the highway. The road authority, within 30 days 

after notification, shall furnish and maintain uniform signs in the appropriate places on the 

highway on either or both sides of the grade crossings. 

Minn. Stat. Ann. § 219.19 (West 2021) 

*§ 219.20. Stop sign; yield sign 

Subdivision 1. When installation required; procedure. At each grade crossing not equipped with 

flashing lights or flashing lights and gates where, because of the dangers attendant upon its use, 

the reasonable protection of life and property makes it necessary for persons approaching the 

crossing to stop or yield before crossing the railroad tracks, stop signs or yield signs must be 

installed. When the government entity responsible for a road that crosses a railroad track deems 

it necessary to install stop signs or yield signs at that crossing, it shall petition the commissioner 

to order the installation of the stop signs or yield signs. The commissioner shall respond to the 

petition by investigating the conditions at the crossing to determine whether stop signs or yield 

signs should be installed at the crossing. On determining, after an investigation following a 

petition from a governmental agency or subdivision or on the commissioner's own motion, that 

stop signs or yield signs should be installed at a crossing, the commissioner shall designate the 

crossing as a stop crossing or yield crossing and shall notify the railway company operating the 

railroad at the crossing of this designation. Within 30 days after notification, the railway 

company shall erect the uniform stop crossing signs or yield crossing signs in accordance with 

the commissioner's order. 

Minn. Stat. Ann. § 219.20 (West 2021) Excerpt from applicable statute published. 

§ 219.29. Prohibited sign 

Subdivision 1. Obstructing sign. No person, firm, or corporation shall place or maintain any 

advertising sign or other similar obstruction upon, over, or adjacent to a highway between an 

approach sign and the grade crossing which it marks. 
292 

Subd. 2. Resembling sign. No person, firm, or corporation shall place or maintain upon, over, or 

adjacent to a public highway any sign or symbol resembling the signs provided for in sections 

219.16 to 219.30. 

Minn. Stat. Ann. § 219.29 (West 2021) 

§ 219.402. Adequate crossing protection 

Crossing warning devices or improvements installed or maintained under this chapter as 

approved by the commissioner or any predecessor, whether by order or otherwise, are adequate 

and appropriate warning for the crossing. 

Minn. Stat. Ann. § 219.402 (West 2021) 

Mississippi (2) 

§ 77-9-247. Railroad crossbucks 

Every railroad corporation or company or person or persons operating or controlling any railroad 

track intersecting a public road or street at grade crossings shall erect and maintain at each such 

crossing the standard sign known as “railroad crossbuck,” the design of which has been 

standardized by the Association of American Railroads and which appears in the “Manual on 

Uniform Traffic Control Devices” for the State of Mississippi as adopted by the Commissioner 

of Public Safety, the Mississippi Transportation Commission and the United States Department 

of Transportation. 

Provided, further, that said railroad crossbuck shall be reflectorized and be placed in the right 

side of the road or street on both sides of the railroad and shall indicate the number of tracks 

crossing the road or street in accordance with the aforesaid manual on uniform traffic control 

devices. 

The provisions of this section shall be enforced by the Mississippi Department of Transportation. 

Miss. Code. Ann. § 77-9-247 (West 2021) 

§ 77-9-248. Installation of crossbuck signs 

The crossbuck signs provided for in Section 77-9-247 shall be installed by the corporation, 

company or persons controlling the railroad as the present signs are replaced. 

The provisions of this section shall be enforced by the Mississippi Department of Transportation. 

Miss. Code. Ann. § 77-9-248 (West 2021) 

Missouri (1) 

§ 227.220. Road markings and guide boards--danger signals--advertising signs--penalty for 

violation 

1. The commission is authorized to prescribe uniform marking and guide boards on the state 

highways, and to cause to be removed all other markings and guide boards and advertising signs, 

and to remove any other obstruction to the lawful use of a state highway, including the right to 

remove or trim trees located within or overhanging the right-of-way of a state highway, and to 

prohibit and regulate the erection of advertising or other signs on the right-of-way of the state 

highways. The commission is authorized to erect, or cause to be erected danger signals or 

warning signs at railroad crossings, highway intersections or other places along the state 

highways which the commission deem to be dangerous. After plans and specifications and 
293 

estimates have been made and filed by the engineer and approved by the commission it shall be 

the duty of the commission to advertise for bids, as is now provided for letting of contracts for 

constructing the state highway system as provided in section 227.100, for the erection and 

maintenance of marking signs, guide boards, danger signals or warning signs, and to authorize 

the display of such signals, signs or guide boards advertising, which, in the opinion of the 

commission, is not unsightly or does not obstruct the view of such signals, signs or boards, in 

consideration of such signals, signs or boards being erected and maintained without cost of the 

state, and the commission is authorized to prohibit the display of any other advertising matter 

within a distance of three hundred feet of such signals, signs or boards so as not to obstruct the 

view or impair the purpose of the same. 

2. Any person who erects or maintains advertising signs, marking or guide boards or signals on 

the right-of-way of any state highway without the written permission of the commission, or any 

person who willfully damages, removes or obstructs the view of sign boards or signals, erected 

or maintained on the highways without the written permission of the commission, shall be 

deemed guilty of a misdemeanor; provided, that any person, firm, or corporation who shall 

damage or destroy any part of the state highway system by the doing of any act in violation of 

law shall be liable to such commission for the amount of such damages; and such damages may 

be recovered by civil suit in any court of competent jurisdiction, which suit may be brought in 

the name of the state highway commission of Missouri, as plaintiff against the person, firm or 

corporation so causing such damage or destruction; and in the event such damage or destruction 

shall be caused by the use of vehicles on such state highway which are forbidden by law, or by 

the use of vehicles carrying loads in excess of the maximum weight prescribed by law, or by 

vehicles operated at a rate of speed in excess of that prescribed by law, then the owner of such 

vehicle shall be personally liable for the amount of such damage or destruction which may be 

recovered in like manner; and the amount of such damages, when collected, shall be deposited in 

and become a part of the state road fund; and provided further, that nothing in this section shall 

be so construed as to relieve any person, firm or corporation or owner of vehicles from the 

criminal liability which may be provided by law on account of the doing of such prohibited acts. 

Mo. Ann. Stat. § 227.220 (West 2021) 

Montana (1) 

§ 69-14-612. Reflectorized material on crossing signs required 

Within 2 years after April 9, 1987, a railroad company shall install and maintain reflectorized 

material on the front and back sides of crossbuck blades on all public crossing signs the railroad 

company is required to construct and maintain under 69-14-602 and 69-14-603. 

Mont. Code Ann. § 69-14-612 (West 2021) 

Nebraska (1) 

*§ 74-1334. Crossings; public; safety regulations; gates and alarms; closure; when 

(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber 

lands, near buildings, or near any obstruction of view from the road, the Department of 

Transportation shall direct such precautions to be taken as it deems necessary for the safety of 

the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, 

signs, signals, alarm bells, and warning personnel as the department directs. The department may 
294 

direct the placement of special signs where the physical conditions of any crossing warrant such 

action. 

(2) Except as provided in subsection (3) of this section, any public railroad crossing without 

gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public 

railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is 

the only railroad crossing which provides access to property. 

(3) An interested party may object to an action taken under subsection (2) of this section only if a 

written request is submitted to the department by a professional engineer licensed to practice in 

the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the 

requirements in this section and with all relevant aspects of the railroad crossing. The engineer 

shall also provide a detailed explanation of why subsection (2) of this section should not apply to 

the railroad crossing in question and a statement that the railroad crossing corridor has been 

examined by the engineer and the engineer believes that the railroad crossing will be safe as 

designed. Such a written request shall exempt a railroad crossing from being closed under 

subsection (2) of this section. 

Neb. Rev. Stat. Ann. § 74-1334 (West 2021) 

Nevada (1) 

§ 484B.557. Stop required at certain railroad grade crossings 

The Department of Transportation, and local authorities with the approval of the Department of 

Transportation, may designate dangerous highway grade crossings of railroads and erect official 

traffic-control devices at such crossings directing a stop. When such stop signs are erected the 

driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of 

such a grade crossing and afterward may proceed only upon exercising due care. 

Nev. Rev. Stat. Ann. § 484B.557 (West 2021) 

New Hampshire (3) 

§ 265:49 All Vehicles Must Stop at Certain Railroad Grade Crossings. 

The commissioner of transportation is hereby authorized to designate particularly dangerous 

highway grade crossings of railroads and to order stop signs erected at such crossings. It shall be 

the duty of the commissioner to erect such stop signs at such designated crossings where said 

highways are under his jurisdiction. Local communities shall when ordered by commissioner 

erect such stop signs on highways within their jurisdiction. When such stop signs are erected the 

driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of 

such railroad and shall proceed only upon exercising due care. 

N.H. Rev. Stat. Ann. § 265:49 (West 2021) 

§ 373:10 Railroad Signs, Gates and Other Protection. 

Every railroad shall construct, or improve, and operate and maintain at every grade crossing of 

its railroad with another railroad or highway such warning signs, gates or other protection; it 

shall so regulate the speed of its trains across any grade crossing and it shall give such 

appropriate warning of the approach of its trains to any grade crossing as the department of 

transportation, after notice and hearing, may find necessary in the interest of safety of the 

railroad or of the public; provided, however, that cost of constructing or improving such warning 

signs, gates or other protection shall be apportioned in accordance with the provisions of RSA 
295 

373:3. The railroad shall maintain signs, signals, gates or other equipment installed within the 

limits of its right of way, after the installation thereof. 

N.H. Rev. Stat. Ann. § 373:10 (West 2021) 

§ 373:11 Warning Signs. 

The governmental authority responsible for maintaining a highway shall place and maintain 

warning signs on every highway approaching a crossing at grade of such highway and the tracks 

of a railroad, at a reasonable distance on each side of such crossing. The department of 

transportation shall prescribe the standards for warning signs for highway grade crossings. If any 

governmental authority, except the state, shall neglect to comply with the requirements hereof it 

shall forfeit $1 for each day during which it shall neglect to place or maintain each sign required 

hereby to be placed or maintained by it, such forfeiture to be recovered in an action of debt, in 

the name and for the use of the state. 

N.H. Rev. Stat. Ann. § 373:11 (West 2021) 

New Jersey (1) 

§ 48:12-58. Warning signs at grade crossings 

Every railroad company shall install and maintain at each highway crossing at grade a 

conspicuous sign with such inscription and of such standard and design as shall be approved by 

the Board of Public Utility Commissioners, so as to be easily seen by travelers. 

N.J. Stat. Ann. § 48:12-58 (West 2021) 

New Mexico (0) 

No applicable statute related to this topic 

New York (4) 

§ 53. Sign boards, flagmen and gates at crossings 

1. Every railroad corporation shall cause a sign board to be placed, well supported and constantly 

maintained, at every crossing where its road is crossed by a public highway at grade. Such sign 

board shall be of a shape and design to be approved by the commissioner of transportation, and 

shall have suitable words painted thereon to warn travelers of the existence of such grade 

crossing. The commissioner of transportation shall have power to prescribe the location and 

elevation of such sign and the words of warning thereon. The commissioner of transportation 

may dispense with the use of such sign boards at such crossings as he may designate in cities and 

villages. At any point where a steam or electric railroad operating upon private right of way 

crosses a street, highway, turnpike, plankroad, or traveled way at grade, the corporation owning 

or operating such steam or electric railroad must upon order of the commissioner of 

transportation station a flagman, erect gates to be opened and closed when an engine or train 

passes, or provide other means of protection, and where a steam railroad crosses a street railroad 

at grade, and the corporation owning or operating such railroad refuses to station a flagman, erect 

gates, to be opened and closed when an engine or train passes, the commissioner of 

transportation may, upon application, order that a flagman be stationed at such point, or that 

gates shall be erected thereat, and that a person be stationed to open and close them when an 

engine or train passes, or may make such other order respecting the same as he deems proper. 
296 

2. Whenever the crossing by a railroad at grade of the streets, highways, turnpikes, plank-roads 

or traveled ways of any village or city, having a population by the last state or federal 

enumeration of less than fifty thousand, shall be protected by gates with persons to open and 

close the same or by any type of automatic protection, when an engine or train passes, the local 

authorities of the city or village shall not impose any limitation, less than forty miles an hour, on 

the rate of speed at which such engine or train shall be run, or enforce any existing limitation 

upon such rate of speed, less than forty miles an hour. 

N.Y. R.R. Law § 53 (McKinney 2021) 

§ 53-a. Warning signs 

Every municipality or political subdivision, or in case of state highways the department of 

transportation, which is charged with the duty of maintaining a highway at places where such 

highway crosses a railroad at grade, shall install and maintain an approach warning sign in each 

such highway on each side of each railroad grade crossing. In case of the failure or refusal of any 

such municipality or political subdivision or railroad company to install or furnish such signs as 

herein provided the commissioner of transportation shall take proceedings to compel obedience 

to the provisions of this section by the municipality or political subdivision or by the railroad 

company. The supreme court at a special term upon a special proceeding brought by the 

commissioner of transportation shall have the power in all cases to compel compliance with the 

provisions of this section subject to appeal to the appellate division of the supreme court and the 

court of appeals in the same manner and with like effect as is provided in case of appeals from a 

judgment of the supreme court. 

Where physical conditions at any grade crossing are such that the commissioner of transportation 

deems it impracticable to place such approach warning signs, such commissioner of 

transportation may by order release the municipality or other political subdivision or the 

department of transportation from the obligation of installing and maintaining such signs and 

may by order direct other suitable warning signs to be furnished by the railroad company and 

installed and maintained by the municipality. The erection and maintenance of any sign or signs 

other than said approach warning signs may be prohibited by any such municipality, political 

subdivision or department of transportation in any highway between any such approach warning 

sign and any such crossing, or in any location where the warning sign may be obscured from 

view by the presence of such other sign or signs. 

The design, location, and manner of installation of such signs shall conform to the manual and 

specifications for a uniform system of traffic-control devices adopted by the department of 

transportation. 

It shall be the duty of the driver of any vehicle using such street or highway and crossing to 

reduce speed to a safe limit upon passing such sign and to proceed cautiously and carefully with 

the vehicle under complete control. 

The commissioner of transportation may require the railroad company or municipality or 

political subdivision which is charged with the duty of maintaining the highway wherever 

practicable to maintain its property at or near such grade crossing free of obstruction to vision. 

Provided, however, any approach warning sign, maintained pursuant to this section, installed 

prior to the time this act takes effect may continue as and shall be deemed a lawful approach 

warning sign for the purposes of applying the provisions of this section. 

N.Y. R.R. Law § 53-a (McKinney 2021) 
297 

§ 71-a. Reflective whistle signs 

1. It shall be the duty of every class one railroad operating in the state of New York to install a 

retro-reflective whistle sign at the approach to each rail highway grade crossing. Such whistle 

sign shall be sheeted with a retro-reflective material as specified by the commissioner of 

transportation. 

2. Defacing, damaging or unauthorized removal of a reflective whistle sign is prohibited and 

each separate violation of the provisions of this section shall be punishable by a fine of not less 

than one hundred dollars nor more than five hundred dollars. 

N.Y. R.R. Law § 71-a (McKinney 2021) 

§ 1685. All vehicles must stop or yield at certain railroad grade crossings where a stop or 

yield sign is erected 

The state transportation commissioner, with respect to state highways, and local authorities with 

respect to local streets within their jurisdiction, with the approval of the state transportation 

commissioner are hereby authorized to install a stop or yield sign at any highway-railroad 

crossings within their respective jurisdictions. 

The design and place and manner of installation of such signs shall conform to the manual and 

specifications for a uniform system of traffic control devices adopted by the state transportation 

commissioner. 

N.Y. Veh. & Traf. Law § 1685 (McKinney 2021) Excerpt from applicable statute published. 

North Carolina (0) 

No applicable statute related to this topic 

North Dakota (5) 

§ 24-09-01.1. Standard railroad crossing warning systems--Survey for additional warning 

systems 

The standard warning system at each public highway-railroad grade crossing must be railroad 

crossbucks and advance warning signs designed and located pursuant to section 39-13-07. These 

signing requirements and standards must be deemed adequate and appropriate for warning of the 

existence and nature of each railroad crossing for all purposes whatsoever. However, because of 

the availability of substantial federal funds, and for the purpose of promoting the additional 

safety and general welfare of the motoring public, and railroad employees, and to secure the 

practical and orderly development of additional warning systems beyond the standards herein, 

and to enable the various jurisdictional authorities to implement existing statutes authorizing the 

determination of need and selection of additional warning systems, and within the practical 

limitations of time and available public funds, the department shall conduct and systematically 

maintain a survey of all streets and highways as required by the Federal Highway Safety Act of 

1973, to identify those railroad crossings which may need additional warning systems beyond the 

standard crossbucks and advance warning signs. To implement such survey and to make the 

determination of need and selection of additional warning systems, the department may screen, 

rate, and prioritize said crossings for additional warning systems and establish an installation 

program. In order to foster additional warning systems beyond the standards herein or 

improvements thereto, where such additional warnings or improvements thereto are deemed 

necessary by any jurisdictional authority either under this statute or any other statutes, neither the 
298 

actions, proceedings, findings, or orders of any jurisdictional authority, nor the actions of the 

railroad regarding such additional warning or improvements thereto, prior to installation and 

operation thereof, are admissible in evidence in any civil action for personal injury, death, or 

damage to property arising out of a public highway-railroad crossing accident. 

N.D. Cent. Code Ann. § 24-09-01.1 (West 2021) 

§ 24-09-02. Uniform warning systems at railroad crossings 

The department shall adopt and prescribe uniform warning systems in conformity with sections 

39-13-06 and 39-13-07 for use at public grade crossings in this state which will be deemed 

adequate and appropriate warning of the existence and nature of such grade crossings for all 

purposes whatsoever. 

N.D. Cent. Code Ann. § 24-09-02 (West 2021) 

§ 24-09-03. Railroads to establish signs 

At each grade crossing in this state hereafter established and at each grade crossing where and 

when the existing crossing signs are replaced, the railway company operating the railroad thereat 

shall erect and maintain on the highway on each side of the railroad track or tracks, and within a 

distance of seventy-five feet [22.86 meters] from the nearest rail, one or more of such uniform 

home-crossing signs. 

N.D. Cent. Code Ann. § 24-09-03 (West 2021) 

§ 24-09-04. Advance warning signs--Exceptions 

The sole signing duty of the road authority, except as otherwise designated by the commission 

under section 24-09-08, at public grade crossings in the state is the erection and maintenance of 

advance warning signs in accordance with the manual on uniform traffic control devices. The 

road authorities have a reasonable length of time, not exceeding two years, in which to fully 

implement this requirement. 

N.D. Cent. Code Ann. § 24-09-04 (West 2021) 

§ 24-09-05. Stop signs may be required 

At each grade crossing where, because of the dangers attendant upon its use, the reasonable 

protection to life and property makes it necessary for all persons approaching the same to stop 

before crossing the railroad tracks thereat, stop signs shall be installed. The department, after 

performing an engineering study of the crossing, may designate any crossing requiring such 

additional protection as a stop crossing and shall notify the road authority with jurisdiction over 

the roadway of such designation and of the location where the stop sign is to be installed. Within 

thirty days after such notification, the road authority shall erect uniform stop signs on separate 

posts at the designated location on each side of said crossing. 

N.D. Cent. Code Ann. § 24-09-05 (West 2021) 

Ohio (2) 

§ 4513.40 Warning sign before safety device at street crossing 

When a safety device has been installed in the traveled portion of a street at a railroad grade 

crossing for the protection of the traveling public, the municipal corporation shall place a 
299 

warning sign not less than two hundred feet from the crossing. The driver of any vehicle shall 

place his vehicle under control at the location of said warning signs so as to be able to bring said 

vehicle to a complete stop at said safety device. Colliding with such safety device at the crossing 

is prima-facie evidence that the driver is a reckless driver. 

Ohio Rev. Code Ann. § 4513.40 (West 2021) 

§ 4955.33 Warning signs at highway grade crossings 

At all points where its railroad crosses a public road at a common grade, each company shall 

erect crossbuck signing at positions at each such crossing that are in accordance with the 

department of transportation manual for uniform traffic control devices, adopted under section 

4511.09 of the Revised Code, to give notice of the proximity of the railroad and warn persons to 

be on the lookout for the locomotive. Any such signing that has been or is erected in accordance 

with this section may lawfully be continued in use until it is replaced. A company that neglects 

or refuses to comply with this section is liable in damages for all injuries that occur to persons or 

property from such neglect or refusal. 

Ohio Rev. Code Ann. § 4955.33 (West 2021) 

Oklahoma (4) 

§ 86. Extra hazardous crossings--Protective devices--Costs 

The Oklahoma Corporation Commission shall have the authority, after having made proper 

investigations, to designate those grade crossings which are extra hazardous. At all such 

crossings so designated, the Commission shall have the authority to order the installation of 

appropriate protective devices. All such installations to be performed by the railroad. The 

Commission shall have the authority to determine the number, type, and location of such signs, 

signals, gates or other protective devices, which, however, shall conform as near as may be with 

generally-recognized national standards, and said Commission shall have authority to prescribe 

the division of the cost of the installation of such signs, signals, gates or other protective devices 

between the public utility and the state or its political subdivisions; provided, however, that the 

cost to the utility shall be not less than ten percent (10%) or more than twenty-five percent (25%) 

of the total costs. The railroads shall be responsible for all subsequent maintenance and cost 

thereof. Provided, however, that the results of investigation or investigations, findings, 

determinations, or orders of the Corporation Commission shall not be admissible in any civil 

action. 

Okla. Stat. Ann. tit. 17, § 86 (West 2021)

§ 124. Signs at crossings 

Every railroad corporation operating a line of road within this State must erect suitable signs of 

caution at each crossing of its road with a public highway. 

Okla. Stat. Ann. tit. 66, § 124 (West 2021) 

§ 125. Failure to erect signs 

In case any railroad corporation shall refuse or neglect, for a space of thirty (30) days after notice 

given by the board of county commissioners, to comply with the provisions of the preceding 

section, it shall become the duty of the county commissioners of each county through which any 
300 

such railroad shall be in operation to erect such signs, and the company shall be liable for all 

expenses so incurred by said commissioners. 

Okla. Stat. Ann. tit. 66, § 125 (West 2021) 

§ 125b. Warning Signs 

Whenever said barricading device shall be constructed or installed and maintained and operated, 

the public authorities having jurisdiction and control over the highway or street at such point 

shall erect and maintain a reflector warning sign with appropriate words thereon. If said 

barricading device is located at a railroad crossing, said warning shall be installed and 

maintained not less than four hundred (400) feet from the crossing, when said crossing is located 

on highways or streets where vehicular traffic is permitted to travel at speeds in excess of thirty 

(30) miles per hour; and not less than two hundred (200) feet from the crossing, when said 

crossing is located on highways or streets where vehicular traffic is permitted to travel at speeds 

not in excess of thirty (30) miles per hour. It shall be the duty of the driver of any vehicle, on 

approaching such warning sign, to place his vehicle under such control as to be able to bring 

such vehicle to a complete stop at a distance of not less than seventy-five (75) feet in advance of 

the crossing. The colliding of a vehicle with the barricading device at a crossing shall be prima 

facie evidence that the driver thereof did not comply with the provisions of this act, and such 

driver shall be deemed a reckless driver, and be subjected to the penalties provided for reckless 

driving under the motor vehicle laws of this state, and shall be liable for any damage done to 

such barricading device on account of such collision. 

Okla. Stat. Ann. tit. 66, § 125b (West 2021) 

Oregon (2) 

§ 824.220. Rulemaking for protective devices 

The Department of Transportation shall adopt rules prescribing specifications for the design and 

location of protective devices. 

Or. Rev. Stat. Ann. § 824.220 (West 2021) 

§ 824.224. Stop signs installed at private crossings; notice to landowner; eminent domain 

(2) The Department of Transportation shall, after hearing, unless hearing is not required under 

ORS 824.214, prescribe the number, type and location of the stop signs and may exempt a farm 

or private grade crossing if the department finds that the installation of such sign or signs at the 

crossing would create a hazard or dangerous condition that would not otherwise exist. 

Or. Rev. Stat. Ann. § 824.224 (West 2021) Excerpt from applicable statute published. 

Pennsylvania (0) 

No applicable statute related to this topic 

Rhode Island (3) 

§ 31-20-3. Stop signs at dangerous railroad crossings 

The state traffic commission and local authorities with the approval of the state traffic 

commission are authorized to designate particularly dangerous highway grade crossings of 

railroads and to erect stop signs at those crossings. 
301 

31 R.I. Gen. Laws Ann. § 31-20-3 (West 2021) Excerpt from applicable statute published. 

§ 39-8-13. Erection of warning signs along highway 

Every railroad corporation shall cause to be erected and to be maintained at every turnpike, 

highway, or public way, where it is crossed by the railroad upon the same level therewith, a 

suitable sign board upon each side of the crossing; and on each side of the sign boards shall be 

painted in black capital letters of at least the length of nine inches (9′′) such words or phrases as 

may, in the opinion of the division of public utilities and carriers, constitute a proper warning to 

both pedestrian and vehicular traffic using the crossing. The sign board shall be of such design as 

may be ordered by the division and shall be placed under the direction and with the consent of 

the division. The sign board shall indicate whether the railroad crossing is a public or private 

crossing. Every railroad corporation shall also adopt such other precautionary measures at such 

grade crossings as shall be deemed proper by the division. 

39 R.I. Gen. Laws Ann. § 39-8-13 (West 2021) 

§ 39-8-15. Failure to erect signs or ring bell 

Every railroad corporation that shall neglect or refuse to comply with the provisions of §§ 39-8-

13 and 39-8-14 shall be fined not exceeding one thousand dollars ($1,000); and the corporation 

shall be liable for all damages sustained by any person by reason of neglect or refusal on the part 

of the corporation. 

39 R.I. Gen. Laws Ann. § 39-8-15 (West 2021) 

South Carolina (7) 

§ 56-5-910. Approval by Department of Transportation of stop signs or traffic-control 

signals placed by local authorities. 

No local authority shall erect or maintain any stop sign or traffic-control signal at any location so 

as to require the traffic on any state highway to stop before entering or crossing any intersecting 

highway unless approval in writing has first been obtained from the Department of 

Transportation. 

S.C. Code Ann. § 56-5-910 (2021) 

§ 56-5-1010. Railroad signs at grade crossings. 

All railroad companies operating railroads in the State shall place and maintain at every crossing 

of a highway and railroad at grade standard cross-buck signs in accordance with the requirements 

of the manual of standards and specifications for uniform traffic-control devices referred to in 

Section 56-5-920. 

S.C. Code Ann. § 56-5-1010 (2021) 

§ 56-5-2715. Stop required at designated railroad grade crossings. 

The Department of Transportation, and local authorities with the approval of the Department of 

Transportation, may designate particularly dangerous highway grade crossings of railroads and 

erect stop signs thereat. When such signs are erected, the driver of any vehicle shall stop within 

fifty feet, but not less than fifteen feet, from the nearest rail of the railroad and shall proceed only 

upon exercising due care. 
302 

S.C. Code Ann. § 56-5-2715 (2021) 

§ 58-17-1390. Signs shall be maintained at crossings with public roads. 

Every railroad corporation shall cause signs to be placed and constantly maintained alongside of 

each public road or street where it is crossed by the railroad on the same level. Each such sign 

shall be elevated so as to be easily seen by travelers and on each side of it shall be printed in 

large letters the words “Railroad Crossing” unless the railroad corporation elects to place two of 

such signs at each crossing, one on each side of the track in which case each of such signs may 

have thereon in large letters, only on the side facing the traffic approaching the crossing, the 

words “Railroad Crossing.” But this section shall not apply to streets in cities, towns and villages 

unless the corporation be required to put up such sign by the officers having charge of such 

streets. 

S.C. Code Ann. § 58-17-1390 (2021) 

§ 58-17-1450. Railroad crossing safety requirements. 

All railroad crossings on public highways must be inspected for conditions which unsafely 

obstruct a motorist's view of approaching trains, for the presence of crossbucks prescribed by 

Section 58-17-1390, and for the presence of stop signs authorized by law to be placed at railroad 

crossings. The Department of Transportation hereinafter referred to as the department, is 

responsible for inspecting railroad crossings on state maintained highways, the governing body 

of each county is responsible for inspecting railroad crossings on county maintained roads, and 

the governing body of each municipality is responsible for inspecting railroad crossings on road 

and street rights-of-way maintained by municipalities. The department shall inform counties and 

municipalities of the railroad crossings they are responsible for inspecting. By January 1, 1989, 

the governing body of each county and municipality must notify the department of the office and 

public official to whom the governing body has assigned responsibility for performing the 

inspections. If the person inspecting a railroad crossing finds that the required crossbucks are not 

in place, properly in place or maintained, or finds that a motorist's view of approaching trains is 

unsafely obstructed by vegetation, growth, or objects not permanently affixed to realty which are 

within the right-of-way of the railway, the person inspecting the crossing must immediately 

notify the Deputy Director of Engineering within the Department of Transportation of the 

hazard. The notice must identify the crossing and describe the hazard. The inspector in the notice 

shall also inform the State Highway Engineer whether or not there is a stop sign at the crossing 

and, if not, whether or not in his opinion one should be added. Upon receipt of notice from the 

person inspecting the crossing, the department must give written notice of the hazard 

immediately by certified mail to any officer or registered agent of the railroad within the State. 

Notice from the department shall direct the railroad to cut or remove the vegetation, growth, and 

objects not permanently affixed to realty that are obstructing a motorist's view or to erect, 

maintain, or properly situate crossbucks. 

The department must also notify the governing body of any county or municipality which 

maintains the highways or roadways at the crossing that the inspector stated in his opinion that a 

stop sign should be added at the crossing. 

Removal and elimination of obstructions must be made by the responsible railroad within sixty 

days of receipt of notification from the department. Measures to assure that crossbucks are 

properly in place and maintained must be taken by the responsible railroad within thirty days of 

receipt of notification from the department; however, if crossbucks are not present or have been 
303 

removed, then the railroad has ten days from the notification to erect new crossbucks. Failure of 

the railroad company to remove or eliminate the obstruction within the railroad's right-of-way 

and to erect or properly place and maintain crossbucks within the specified time period subjects 

the railroad company to a civil penalty of not less than one hundred dollars nor more than five 

hundred dollars. The railroad company is subject to an additional civil penalty of one hundred 

dollars a day for each day obstructions remain after the specified period and for each day 

crossbucks are not erected or properly placed and maintained after the specified period. 

The person initially inspecting the railroad crossing is responsible for inspecting the crossing at 

appropriate intervals after notice to the railroad of the hazard to determine if obstructions have 

been eliminated and crossbucks properly placed and serviced within the period allowed before 

civil penalties may be assessed. 

S.C. Code Ann. § 58-17-1450 (2021) Excerpt from applicable statute published. 

§ 58-17-3380. Warning boards shall be maintained near drawbridges and grade crossings. 

Every company, lessee, manager or receiver owning or operating a railroad in this State shall 

provide, maintain and place warning boards near drawbridges and places where railroads cross at 

grade. Such boards shall have letters of sufficient size to be clearly seen from the engine and to 

describe the place of danger and shall be placed not more than eight feet from the side of the 

track. 

S.C. Code Ann. § 58-17-3380 (2021) 

§ 58-17-3390. Penalty for failure to erect or replace warning boards. 

Any railroad company, receiver or lessee thereof doing business within this State which shall fail 

to comply with the provisions of Section 58-17-3380 after ten days' notice thereof in writing 

shall be subject to a fine of five dollars per day for every day thereafter that such failure shall 

continue and any such railroad, receiver or lessee failing to re-erect such warning board, in case 

any such board for any cause be down or removed, after ten days' notice in writing, shall be 

subject to the penalty herein provided of five dollars per day for each day that such railroad, 

receiver or lessee shall fail to so re-erect such warning boards. This penalty shall be recoverable 

by any person resident in this State in any court of competent jurisdiction, one half to go to the 

person bringing the action and one half to go into the county treasury in which such action may 

be brought, to be used for ordinary county purposes. 

S.C. Code Ann. § 58-17-3390 (2021) 

South Dakota (7) 

§ 31-28-7. Railway crossing signs--Maintenance--Violation as misdemeanor 

The public board or officer whose duty it is to repair or maintain any public highway shall erect 

and maintain at points in conformity with standard uniform traffic control practices on each side 

of the place at which a highway crosses an operational railway track or right-of-way, except 

within the limits of municipalities, a standard railroad advance warning sign. The sign shall be 

on the right-hand side of the highway approaching such crossing and at a distance from the 

crossing as the department or other controlling body shall direct. Any legally abandoned or 

nonoperational track which is crossed by a public highway and at which the crossing has been 

properly marked as a railway grade crossing may be marked with a supplemental sign, meeting 

uniform traffic control practices, to inform drivers of vehicles identified in § 32-29-5 that a stop 
304 

is not required at that crossing. Failure to comply with the provisions of this section is a Class 1 

misdemeanor. 

S.D. Codified Laws § 31-28-7 (2021) 

§ 31-28-13. Markings by local authorities--Local regulations not enforceable in absence of 

sign--Location and legibility of sign 

Local authorities in their respective jurisdictions may cause appropriate signs to be erected and 

maintained, designating residence and business districts, highway and steam or interurban 

railway grade crossing, and such other signs as may be deemed necessary to carry out the 

provisions of chapters 32-14, 32-22, and 32-25 to 32-31, inclusive, and such additional signs as 

may be appropriate to give notice of local parking and other special regulations. Local parking 

and other special regulations shall not be enforceable against an alleged violator if, at the time 

and place of the alleged violation, an appropriate sign giving notice thereof is not in proper 

position and sufficiently legible to be seen by an ordinarily observant person. 

S.D. Codified Laws § 31-28-13 (2021) 

§ 31-28-17. Hazardous intersections--Railroad crossings--Warning signs--Violation as 

misdemeanor 

Except within the limits of a municipality, the department and county commissioners may 

designate any hazardous intersection as a stop intersection, and designate any railroad crossing as 

a stop crossing. The intersections and railroad crossings shall be designated by placing a stop 

sign at the point of stop. The sign to be preceded by a warning sign so as to give warning of stop. 

Failure to stop at the point of stop of such intersections and railroad crossings is a Class 2 

misdemeanor. 

S.D. Codified Laws § 31-28-17 (2021) 

§ 32-29-7. Posting of dangerous grade crossings--Stop required of all vehicles--Violation as 

misdemeanor 

The Department of Transportation and local authorities with the approval of the Transportation 

Commission may designate particularly dangerous highway grade crossings of railroads and to 

erect stop signs thereat. If such signs are erected, the driver of any vehicle shall stop within fifty 

feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only 

upon exercising due care. A violation of this section is a Class 2 misdemeanor. 

S.D. Codified Laws § 32-29-7 (2021) 

§ 49-16A-87. Crossing standards--Warning sign 

Each railroad shall construct at all points where its road crosses any public road, good, sufficient, 

and safe crossings and shall erect at such points, at a sufficient elevation from the road to admit 

free passage of vehicles of every kind, a sign with large and distinct letters giving notice of the 

proximity of the road and warning persons of the necessity for looking out for trains. 

S.D. Codified Laws § 49-16A-87 (2021) 

§ 49-16A-89. Crossings--Erection of lighting or alarms at order of department 
305 

If, in the opinion of the Department of Transportation, it is necessary for the safety and 

protection of the public that street crossings over railroad tracks be lighted or street crossing 

alarms be installed to notify the public of approaching trains, the department shall order the 

railroad over whose road such street crosses to install crossing alarms or order the crossings to be 

lighted, or order both alarms and lighting by the railroad in a manner and method as, in the 

opinion of the department, will be the most suitable for the protection of the public. 

S.D. Codified Laws § 49-16A-89 (2021) 

§ 49-16A-89.1. Erection of stop signs until alarms or lighting operational 

If the Department of Transportation orders a railroad to install crossing alarms or orders a 

crossing to be lighted pursuant to § 49-16A-89, the department shall erect and maintain stop 

signs, which conform with standards found in the manual on uniform traffic control devices, at 

the crossing from the time of issuance of the order until such time as the alarms or lighting have 

been installed and are operational. 

S.D. Codified Laws § 49-16A-89.1 (2021) 

Tennessee (3) 

§ 65-11-105. Railroad crossing signs 

The commissioner of transportation or the commissioner's designee, after conducting such 

hearing as is deemed appropriate, is empowered and directed to determine a standard railroad 

crossing sign for the state. 

Tenn. Code Ann. § 65-11-105 (West 2021) 

§ 65-11-115. Warning strips 

The department of transportation may install warning strips on both approaches of any highway 

crossing on the system of state highways not protected by automatic warning or protective 

devices, unless the surface of such approaches is gravel or chip and seal paving. 

Tenn. Code Ann. § 65-11-115 (West 2021) 

§ 65-18-104. Crossing signs 

Boards, well supported by posts or otherwise, shall be placed, and constantly kept, across each 

public road, when the same is crossed on the same level by the track of the railway, the boards to 

be elevated so as not to obstruct travel, and, on each side of such board, there shall be printed in 

large letters, easily to be seen by the traveler, the words, “Railroad Crossing--Look Out for the 

Cars.”

Tenn. Code Ann. § 65-18-104 (West 2021) 

Texas (3) 

§ 471.002. Signs at Crossings 

(a) A railway company shall place at each place where its railroad crosses a first or second class 

public road a sign with large and distinct letters giving notice that the railroad is near and 

warning persons to watch for railroad cars. The sign must be high enough above the road to 

permit the free passage of vehicles. 
306 

(b) A railway company that does not erect a sign required by Subsection (a) is liable for a 

resulting injury to a person or resulting damage to property. 

Tex. Transp. Code Ann. § 471.002 (West 2021) 

§ 471.004. Warning Sign Visibility at Railroad Grade Crossings 

(a) The department shall develop guidelines and specifications for the installation and 

maintenance of reflecting material at each unsignaled crossing. The material shall be affixed to 

the back and support post of each crossbuck in a manner that reflects light from vehicle 

headlights to focus attention on the presence of the unsignaled crossing. 

(b) The department shall pay the cost of initial installation of reflecting material from money 

appropriated to the department to maintain grade crossing warning devices. The department or 

the local jurisdiction responsible for maintaining the roadway at each grade crossing shall pay 

the maintenance costs of the material. 

(c) The state, an agency or political subdivision of the state, or a railway company is not liable 

for damages caused by an action taken under this section or failure to perform a duty imposed by 

this section. Evidence may not be introduced in a judicial proceeding that reflecting material 

exists or that the state or railway company relies on the material. 

(d) The department shall adopt rules governing the installation and maintenance of reflecting 

material at grade crossings. 

(e) A railway company shall permit department personnel to affix the reflecting material on the 

company's property. 

(f) In this section: 

(1) “Active warning device” means an automatically activated warning device, including a bell, 

flashing light, gate, or wigwag. 

(2) “Crossbuck” means a standard grade crossing warning sign designated as Number R 15-1 and 

described in the Manual of Uniform Traffic Control Devices issued by the United States 

Department of Transportation, Federal Highway Administration. 

(3) “Department” means the Texas Department of Transportation.

(4) “Grade crossing” means the intersection at grade of a railroad and a roadway constructed and 

maintained with public money. 

(5) “Reflecting material” means material that reflects light so that the paths of the reflected light 

rays are parallel to those of the incident rays. 

(6) “Unsignaled crossing” means a grade crossing not protected by active warning devices. 

(7) “Warning device” means a traffic control sign, including an active warning device or 

crossbuck, the purpose of which is to alert motorists of a grade crossing. 

Tex. Transp. Code Ann. § 471.004 (West 2021) 

§ 471.009 Enhanced Pavement Marking Visibility at Certain Grade Crossings 

(a) In this section: 

(1) “Grade crossing” and “reflecting material” have the meanings assigned by Section 471.004.

(2) “Pavement markings” means markings applied or attached to the surface of a roadway to 

regulate, warn, or guide traffic. 

(3) “Stop bar” means the marking that is applied or attached to the surface of a roadway on either 

side of a grade crossing and that indicates that a vehicle must stop at the grade crossing. 

(b) A county or municipality shall use standards developed by the department in applying 

pavement markings or a stop bar at a grade crossing if the cost of the markings or stop bar is paid 
307 

either entirely or partly from state or federal funds. In developing its standards, the department 

shall follow the standards in the Manual on Uniform Traffic Control Devices issued by the 

United States Department of Transportation Federal Highway Administration and, where 

appropriate, require the use of reflecting materials. 

Tex. Transp. Code Ann. § 471.009 (West 2021) 

Utah (0) 

No applicable statute related to this topic 

Vermont (2) 

§ 1006. Stopping at railroad crossings 

The Traffic Committee may designate particularly dangerous railroad grade crossings, and the 

Agency of Transportation shall erect stop signs at each. The expense of erecting these stop signs 

shall be borne by the Agency of Transportation. 

Vt. Stat. Ann. tit. 23, § 1006 (West 2021) 

§ 3581. Warning devices and signs at grade crossings; exemption from stopping 

(a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal 

Highway Administration's Manual on Uniform Traffic Control Devices, as amended from time 

to time, at every public highway where the same is crossed by its railroad at grade. 

(b) The Transportation Board, upon recommendation of the Agency of Transportation and after 

notice to the railroad and the person having control of the highway and an opportunity to be 

heard, may designate certain crossings as “exempt” and may impose such conditions as the 

interests of safety and the public good dictate. However, a flagperson shall be stationed at every 

crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 

days of such an order, the railroad in the case of warning devices, and the person having control 

of the highway in the case of advance warning signs, shall affix “exempt” signs in accordance 

with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign. 

(c) At the request of the Agency of Transportation, the railroad, or the person having control of 

the highway, and after notice and an opportunity to be heard, the Transportation Board may 

rescind an “exempt” crossing designation. The railroad and the person having control of the 

highway shall remove the “exempt” signs as directed by the Transportation Board.

Vt. Stat. Ann. tit. 5, § 3581 (West 2021) 

Virginia (1) 

§ 56-405.2. Construction and maintenance of crossbucks 

Every railroad company shall cause signal boards, hereinafter referred to as crossbucks, well 

supported by posts or otherwise and approved by the Department of Transportation at such 

heights as to be easily seen by travelers from both directions of the public highway, and not 

obstructing travel, containing in capital letters, at least five inches high, the inscription “railroad 

crossing,” to be placed, and constantly maintained, at each public highway at or near, and on 

both sides of, each place where it is crossed by the railroad at the same level. The requirements 

of this section in localities that maintain their own streets may be waived at specific crossings on 

the petition of any such company to both the Commissioner of Highways and the public road 

authority if both the Commissioner and the public road authority determine that any such 
308 

crossing has or will have other adequate warning devices or that the placement of new 

crossbucks will not enhance the safety of the traveling public. Neither official action nor failure 

to act as hereinabove provided shall impair the power of the Commissioner or the public road 

authority to require crossbucks at specific public crossings should a subsequent determination of 

their need be made. 

The cost of erecting crossbucks placed at a public highway for the first time or whenever the 

Commissioner or the public road authority determines an upgrade of the standards is required 

may be paid or supplemented from federal funds when available to the Department of 

Transportation for such purpose at the sole discretion of the Commissioner of Highways. But the 

election of the Commissioner not to participate in such cost shall not relieve any company from 

the obligation of this section. 

This section shall apply as to cities and towns in the case of new crossbucks beginning July 1, 

1977. 

Va. Code Ann. § 56-405.2 (2021) 

Washington (4) 

§ 36.86.040. Uniform standard for signs, signals, guideposts--Railroad grade crossings 

The county legislative authority shall erect and maintain upon the county roads such suitable and 

proper signs, signals, signboards, and guideposts and appropriate stop, caution, warning, 

restrictive, and directional signs and markings as it deems necessary or as may be required by 

law. All such markings shall be in accordance with the uniform state standard of color, design, 

erection, and location adopted and designed by the Washington state department of 

transportation. In respect to existing and future railroad grade crossings over county roads the 

legislative authority shall install and maintain standard, nonmechanical railroad approach 

warning signs on both sides of the railroad upon the approaches of the county road. All such 

signs shall be located a sufficient distance from the crossing to give adequate warning to persons 

traveling on county roads. 

Wash. Rev. Code Ann. § 36.86.040 (West 2021) 

§ 47.36.050. Duty to erect traffic devices on state highways and railroad crossings 

The department shall erect and maintain upon every state highway in the state of Washington 

suitable and proper signs, signals, signboards, guideposts, and other traffic devices according to 

the adopted and designated state standard of design, erection, and location, and in the manner 

required by law. The department shall erect and maintain upon all state highways appropriate 

stop signs, warning signs, and school signs. Any person, firm, corporation, or municipal 

corporation, building, owning, controlling, or operating a railroad that crosses any state highway 

at grade shall construct, erect, and maintain at or near each point of crossing, or at such point or 

points as will meet the approval of the department, a sign of the type known as the saw buck 

crossing sign with the lettering “railroad crossing” inscribed thereon and also a suitable 

inscription indicating the number of tracks. The sign must be of standard design that will comply 

with the plans and specifications furnished by the department. Additional safety devices and 

signs may be installed at any time when required by the utilities and transportation commission 

as provided by laws regulating railroad-highway grade crossings. 

Wash. Rev. Code Ann. § 47.36.050 (West 2021) 
309 

§ 47.36.070. Failure to erect signs, procedure 

Whenever any person, firm, corporation, municipal corporation, or local authorities responsible 

for the erection and maintenance, or either, of signs at any railroad crossing or point of danger 

upon any state highway fails, neglects, or refuses to erect and maintain, or either, the sign or 

signs as required by law at highway-railroad grade crossings, the utilities and transportation 

commission shall upon complaint of the department or upon complaint of any party interested, or 

upon its own motion, enter upon a hearing in the manner provided by law for hearings with 

respect to railroad-highway grade crossings and make and enforce proper orders for the erection 

or maintenance of the signs, or both. 

Wash. Rev. Code Ann. § 47.36.070 (West 2021) 

§ 47.36.080. Signs at railroad crossings 

Wherever it is considered necessary or convenient the department may erect approach and 

warning signs upon the approach of any state highway to a highway-railroad grade crossing 

situated at a sufficient distance therefrom to make the warning effective. The department may 

further provide such additional or other highway-railroad grade crossing markings as may be 

considered to serve the interests of highway safety. 

Wash. Rev. Code Ann. § 47.36.080 (West 2021) 

West Virginia (2) 

§ 17C-12-2. All vehicles must stop at certain railroad grade crossings 

The state road commission and local authorities with the approval of the state road commission 

are hereby authorized to designate particularly dangerous highway grade crossings of railroads 

and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall 

stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall 

proceed only upon exercising due care. 

W. Va. Code Ann. § 17C-12-2 (West 2021) 

§ 31-2-9. Signboards or warning notices at crossings 

Every railroad company shall, at every place where a road or street crosses its railroad on the 

same level, erect and maintain suitable signboards or notices of warning apprising persons of the 

danger in crossing its tracks. All such signboards or notices shall be of the design and 

construction and shall be located in the manner required or approved by the state road 

commission. Any railroad company failing to comply with the provisions of this section shall be 

fined five dollars for each week that any such failure continues. 

W. Va. Code Ann. § 31-2-9 (West 2021) 

Wisconsin (4) 

*§ 192.29. Train bells and crossing signs at street and highway crossings 

(5) Railroad crossing and yield signs. (a) Wherever its track crosses a public highway or street, 

every railroad corporation shall maintain on each side of the track a highway-rail-grade crossing 

sign, commonly known as a crossbuck sign, that conforms with the manual of uniform traffic 

control devices adopted by the department under s. 84.02(4)(e). 
310 

(b) No later than July 1, 2007, at every railroad crossing at which a railroad corporation is 

required to maintain a sign described in par. (a) and that is not controlled by a gate, automatic 

signal, or official stop sign, the railroad corporation shall install and maintain, below the sign 

described in par. (a), a yield sign that conforms with the manual of uniform traffic control 

devices adopted by the department under s. 84.02(4)(e). 

Wis. Stat. Ann. § 192.29 (West 2021) Excerpt from applicable statute published. 

§ 195.285. Exempt railroad crossings 

(1) Upon the petition of a railroad corporation, the department, or the governing body of any 

city, village, town or county asserting that the stopping of vehicles under s. 346.45 at a railroad 

crossing is hazardous to human life, the office shall hold a hearing on the matter as provided 

under s. 195.04. Notice of petition shall be served upon the department, which shall be an 

interested party, and any recommendations it may file with the office regarding the hazardous 

effect of vehicles stopping at such crossings shall be considered as evidence in the proceedings. 

Upon the recommendation of the department and concurrence by the office, the petition may be 

dismissed without holding a hearing. If, upon the public hearing, the office determines that it 

would be in the public interest to exempt vehicles specified in s. 346.45 from stopping at such 

grade crossing, it may order the public body having jurisdiction over the highway to erect signs, 

signals, markings or other devices exempting such vehicles from stopping at the crossing. 

(2) Signs placed upon the order of the office under this section shall exempt vehicles from 

stopping as required under s. 346.45, unless a train, an engine, or railroad track equipment is 

occupying or approaching the crossing. 

(3) The department shall establish standards for the type of signs, signals, markings or other 

devices for exempting vehicles from stopping as required under s. 346.45 and their location in 

relation to the highway and railroad track. The office may upon petition or its own motion, with 

or without a hearing, order the removal of a sign exempting vehicles from stopping at a crossing. 

Wis. Stat. Ann. § 195.285 (West 2021) 

§ 195.286. Highway crossings, advance warning signs 

(1) Railroads to furnish; placement. Each railroad company shall furnish to each county in which 

it operates, upon request of the county highway commissioner, a sufficient quantity of advance 

warning signs to enable the county and town to comply with this section. The county highway 

commissioner on roads maintained by the county and the town board on roads maintained by the 

town shall immediately install and thereafter maintain such signs in good condition, near each 

grade crossing (other than state trunk highway crossings and crossings within the limits of cities 

and incorporated villages). The town board shall requisition its needs for advance warning signs 

from the county highway commissioner. The cost of such installation and maintenance shall be 

paid out of moneys received by the county or town, as the case may be, for highway 

maintenance. The department shall provide, install and maintain advance warning signs at all 

railroad grade crossings on the state trunk highway system outside of cities and incorporated 

villages. The department, upon petition and upon investigation and finding that such signs are 

impracticable or unnecessary on any highway, may release the town, county or state from the 

provisions of this section as to such highway. 

(2) Signs described. Such signs shall be round and of a size, color and message as specified by 

the department and approved by the office. Any change in these signs shall not be retroactive. 
311 

(3) Location. Such signs shall be placed in conspicuous locations beside every highway which 

crosses a railroad at grade (outside of cities and incorporated villages) as near as practicable to 

the traveled portion of the highway on each side of such crossing, at a location and in a manner 

to be prescribed by the department, the county highway commissioner or the town board, or, if 

the crossing is so near city or village limits that the sign will be within such limits, by the city 

council or the village board, as the case may be. 

(4) Duplicates. In case any sign installed as provided in this section, other than that on the state 

trunk highway system, is destroyed or becomes illegible by any cause whatsoever, the railroad 

company, upon request from the county highway commissioner, shall forthwith deliver another 

such sign at the crossing near which it is to be installed; neither the installation of said signs nor 

the failure to install or maintain the same shall render the town, county or state liable for any 

accident that may occur by reason of such installation or neglect. 

(5) Other signs prohibited. No other sign of the general size or appearance of the signs provided 

for in this section shall be placed or permitted upon any highway, nor any sign between such 

advance signs except signs or signals required by law or permitted by the office for protection at 

railway crossings. 

Wis. Stat. Ann. § 195.286 (West 2021) Excerpt from applicable statute published. 

§ 349.085. Authority to install stop signs at railroad grade crossings 

Local authorities may, by ordinance, when they deem it necessary for the public safety, install 

official stop signs at public traveled railroad grade crossings on highways maintained by the 

respective authorities. 

Wis. Stat. Ann. § 349.085 (West 2021) 

Wyoming (0) 

No applicable statute related to this topic 
312 

Chapter 5: Warning Devices – Train Borne and Quiet 

Zones 

Chapter Overview 

This chapter presents a state-by-state survey 

of the legal and regulatory requirements for 

trains to provide some type of auditory 

alarm as they approach grade crossings. 

States may require that a train be equipped 

with a bell and require the repeated use of 

that bell or other audible warning device 

beginning at a specified distance from the 

crossing. Since June of 2005, FRA 

regulations on the use of locomotive horns 

at highway-rail grade crossings (Title 49 

Code of Federal Regulations (CFR) Part 

222) require trains to sound the locomotive 

horn at public highway-rail grade crossings 

and establish a maximum sound level for the 

locomotive horn. These regulations also 

establish standards by which public entities 

can establish federal quiet zones where 

routine locomotive horn sounding practices 

at grade crossings can be restricted and/or 

prohibited. For more detailed information, 

the reader is directed to 49 CFR Part 222. 

Other FRA regulations are also cited below. 

control device manuals. 

FRA (6) 

*§ 222.21 When must a locomotive horn be used?

(a) Except as provided in this part, the locomotive horn on the lead locomotive of a train, lite 

locomotive consist, individual locomotive or lead cab car shall be sounded when such 

locomotive or lead cab car is approaching a public highway-rail grade crossing. Sounding of the 

locomotive horn with two long blasts, one short blast and one long blast shall be initiated at a 

location so as to be in accordance with paragraph (b) of this section and shall be repeated or 

prolonged until the locomotive occupies the crossing. This pattern may be varied as necessary 

where crossings are spaced closely together. 

(b)(1) Railroads to which this part applies shall comply with all the requirements contained in 

this paragraph (b) beginning on December 15, 2006. On and after June 24, 2005, but prior to 

December 15, 2006, a railroad shall, at its option, comply with this section or shall sound the 

locomotive horn in the manner required by State law, or in the absence of State law, in the 

manner required by railroad operating rules in effect immediately prior to June 24, 2005. 

(2) Except as provided in paragraphs (b)(3) and (d) of this section, or when the locomotive horn 

is defective and the locomotive is being moved for repair consistent with section 229.9 of this 

chapter, the locomotive horn shall begin to be sounded at least 15 seconds, but no more than 20 

seconds, before the locomotive enters the crossing. It shall not constitute a violation of this 

section if, acting in good faith, a locomotive engineer begins sounding the locomotive horn not 

more than 25 seconds before the locomotive enters the crossing, if the locomotive engineer is 

unable to precisely estimate the time of arrival of the train at the crossing for whatever reason. 

(3) Trains, locomotive consists and individual locomotives traveling at speeds in excess of 60 

mph shall not begin sounding the horn more than one-quarter mile (1,320 feet) in advance of the 

nearest public highway-rail grade crossing, even if the advance warning provided by the 

locomotive horn will be less than 15 seconds in duration. 

(c) As stated in § 222.3(c) of this part, this section does not apply to any Chicago Region 

highway-rail grade crossing at which railroads were excused from sounding the locomotive horn 
313 

by the Illinois Commerce Commission, and where railroads did not sound the horn, as of 

December 18, 2003. 

(d) Trains, locomotive consists and individual locomotives that have stopped in close proximity 

to a public highway-rail grade crossing may approach the crossing and sound the locomotive 

horn for less than 15 seconds before the locomotive enters the highway-rail grade crossing, if the 

locomotive engineer is able to determine that the public highway-rail grade crossing is not 

obstructed and either: 

(1) The public highway-rail grade crossing is equipped with automatic flashing lights and gates 

and the gates are fully lowered; or 

(2) There are no conflicting highway movements approaching the public highway-rail grade 

crossing. 

(e) Where State law requires the sounding of a locomotive audible warning device other than the 

locomotive horn at public highway-rail grade crossings, that locomotive audible warning device 

shall be sounded in accordance with paragraphs (b) and (d) of this section. 

49 C.F.R. § 222.21 (West 2021) 

*§ 222.23 How does this regulation affect sounding of a horn during an emergency or other 

situations? 

(a)(1) Notwithstanding any other provision of this part, a locomotive engineer may sound the 

locomotive horn to provide a warning to animals, vehicle operators, pedestrians, trespassers or 

crews on other trains in an emergency situation if, in the locomotive engineer's sole judgment, 

such action is appropriate in order to prevent imminent injury, death, or property damage. 

(2) Notwithstanding any other provision of this part, including provisions addressing the 

establishment of a quiet zone, limits on the length of time in which a horn may be sounded, or 

installation of wayside horns within quiet zones, this part does not preclude the sounding of 

locomotive horns in emergency situations, nor does it impose a legal duty to sound the 

locomotive horn in such situations. 

(b) Nothing in this part restricts the use of the locomotive horn in the following situations: 

(1) When a wayside horn is malfunctioning; 

(2) When active grade crossing warning devices have malfunctioned and use of the horn is 

required by one of the following sections of this chapter: §§ 234.105, 234.106, or 234.107; 

(3) When grade crossing warning systems are temporarily out of service during inspection, 

maintenance, or testing of the system; or 

(4) When SSMs, modified SSMs or engineering SSMs no longer comply with the requirements 

set forth in appendix A of this part or the conditions contained within the Associate 

Administrator's decision to approve the quiet zone in accordance with section 222.39(b) of this 

part. 

(c) Nothing in this part restricts the use of the locomotive horn for purposes other than highwayrail crossing safety (e.g., to announce the approach of a train to roadway workers in accordance 

with a program adopted under part 214 of this chapter, or where required for other purposes 

under railroad operating rules). 

49 C.F.R. § 222.23 (West 2021) 

*§ 222.25 How does this rule affect private highway-rail grade crossings? 

This rule does not require the routine sounding of locomotive horns at private highway-rail grade 

crossings. However, where State law requires the sounding of a locomotive horn at private 
314 

highway-rail grade crossings, the locomotive horn shall be sounded in accordance with § 222.21 

of this part. Where State law requires the sounding of a locomotive audible warning device other 

than the locomotive horn at private highway-rail grade crossings, that locomotive audible 

warning device shall be sounded in accordance with §§ 222.21(b) and (d) of this part. 

(a) Private highway-rail grade crossings located within the boundaries of a quiet zone must be 

included in the quiet zone. 

(b)(1) Private highway-rail grade crossings that are located in New Quiet Zones or New Partial 

Quiet Zones and allow access to the public, or which provide access to active industrial or 

commercial sites, must be evaluated by a diagnostic team and equipped or treated in accordance 

with the recommendations of such diagnostic team. 

(2) The public authority shall provide the State agency responsible for grade crossing safety and 

all affected railroads an opportunity to participate in the diagnostic team review of private 

highway-rail grade crossings. 

(c)(1) At a minimum, each approach to every private highway-rail grade crossing within a New 

Quiet Zone or New Partial Quiet Zone shall be marked by a crossbuck and a “STOP” sign, which 

are compliant with MUTCD standards unless otherwise prescribed by State law, and shall be 

equipped with advance warning signs in compliance with § 222.35(c) of this part. 

(2) At a minimum, each approach to every private highway-rail grade crossing within a Pre–Rule 

Quiet Zone or Pre–Rule Partial Quiet Zone shall, by June 24, 2008, be marked by a crossbuck 

and a “STOP” sign, which are compliant with MUTCD standards unless otherwise prescribed by 

State law, and shall be equipped with advance warning signs in compliance with § 222.35(c) of 

this part. 

49 C.F.R. § 222.25 (West 2021) 

*§ 222.27 How does this rule affect pedestrian grade crossings? 

This rule does not require the routine sounding of locomotive horns at pedestrian grade 

crossings. However, where State law requires the sounding of a locomotive horn at pedestrian 

grade crossings, the locomotive horn shall be sounded in accordance with § 222.21 of this part. 

Where State law requires the sounding of a locomotive audible warning device other than the 

locomotive horn at pedestrian grade crossings, that locomotive audible warning device shall be 

sounded in accordance with §§ 222.21(b) and (d) of this part. 

(a) Pedestrian grade crossings located within the boundaries of a quiet zone must be included in 

the quiet zone. 

(b) Pedestrian grade crossings that are located in New Quiet Zones or New Partial Quiet Zones 

must be evaluated by a diagnostic team and equipped or treated in accordance with the 

recommendations of such diagnostic team. 

(c) The public authority shall provide the State agency responsible for grade crossing safety and 

all affected railroads an opportunity to participate in diagnostic team reviews of pedestrian grade 

crossings. 

(d) Advance warning signs. 

(1) Each approach to every pedestrian grade crossing within a New Quiet Zone shall be equipped 

with a sign that advises the pedestrian that train horns are not sounded at the crossing. Such sign 

shall conform to the standards contained in the MUTCD. 

(2) Each approach to every pedestrian grade crossing within a New Partial Quiet Zone shall be 

equipped with a sign that advises the pedestrian that train horns are not sounded at the crossing 
315 

or that train horns are not sounded at the crossing between the hours of 10 p.m. and 7 a.m., 

whichever is applicable. Such sign shall conform to the standards contained in the MUTCD. 

(3) Each approach to every pedestrian grade crossing within a Pre–Rule Quiet Zone shall be 

equipped by June 24, 2008 with a sign that advises the pedestrian that train horns are not 

sounded at the crossing. Such sign shall conform to the standards contained in the MUTCD. 

(4) Each approach to every pedestrian grade crossing within a Pre–Rule Partial Quiet Zone shall 

be equipped by June 24, 2008 with a sign that advises the pedestrian that train horns are not 

sounded at the crossing or that train horns are not sounded at the crossing for a specified period 

of time, whichever is applicable. Such sign shall conform to the standards contained in the 

MUTCD. 

49 C.F.R. § 222.27 (West 2021) 

*§ 229.129 Locomotive horn. 

(a) Each lead locomotive shall be equipped with a locomotive horn that produces a minimum 

sound level of 96 dB(A) and a maximum sound level of 110 dB(A) at 100 feet forward of the 

locomotive in its direction of travel. 

49 C.F.R. § 229.129. Excerpt from applicable regulation published. 

*§ 230.85 Audible warning device. 

(a) General provisions. Each steam locomotive shall be equipped with an audible warning device 

that produces a minimum sound level of 96db(A) at 100 feet in front of the steam locomotive in 

its direction of travel. The device shall be arranged so that it may conveniently be operated by 

the engineer from his or her normal position in the cab. 

(b) Method of measurement. Measurement of the sound level shall be made using a sound level 

meter conforming, at a minimum, to the requirements of ANSI S1.4–1971, Type 2, and set to an 

A–weighted slow response. While the steam locomotive is on level, tangent track, the 

microphone shall be positioned 4 feet above the ground at the center line of the track and shall be 

oriented with respect to the sound source in accordance with the microphone manufacturer's 

recommendations. 

49 C.F.R. § 230.85 (West 2021) 

Alabama (4) 

§ 37-2-81. Duty of locomotive engineer to ring bell or blow horn, etc. 

The engineer or other person operating a locomotive on any railroad must blow the horn or 

whistle or ring the bell: 

(1) At least one fourth of a mile before reaching any public road crossing or any regular station 

or stopping place on such railroad and continue with such signal at short intervals, until such 

crossing or such station or stopping place has been passed; 

(2) Immediately before and at the time of leaving a station or stopping place and also 

immediately before entering any curve crossed by a public road, not marked in accordance with 

Section 37-2-80, where he cannot see at least one quarter of a mile ahead, and must approach and 

pass such unmarked crossing at such speed as to prevent an accident in the event of an 

obstruction at the crossing; and 

(3) At short intervals, on entering into, or while moving within or passing through any village, 

town or city. 
316 

He must also, on perceiving any obstruction on the track, use all means within power, known to 

skillful engineers, such as applying brakes, in order to stop the train. 

Ala. Code § 37-2-81 (2021) 

§ 37-2-90. Locomotive headlights. 

All companies, corporations, lessees, owners, operators, or receivers of any railroad or railway 

company operating a railroad or railway in whole or in part in this state shall equip, maintain and 

use upon every locomotive being operated in road service in this state in the nighttime a power 

headlight of not less than 1,500 candle power brilliancy, measured with the aid of a suitable 

reflector. Nothing in this division shall be so construed as to prevent a locomotive engine, whose 

headlight has become defective while on the road, from proceeding to the most convenient 

terminal or division point where the necessary facilities exist for remedying such defect. This 

section shall not apply to industrial roads, such as tram roads, mill roads, and roads engaged 

principally in lumber or logging transportation in connection with mills, and the provisions of 

this section shall not apply during the first 90 days of a strike of the particular employees, whose 

duties are to repair and maintain headlights. 

Ala. Code § 37-2-90 (2021) 

§ 37-8-113. Failure of railroad superintendent to instruct engineers and conductors 

regarding blowing horn, whistle, etc. 

Any superintendent of a railroad who fails to instruct the engineers and conductors thereof as to 

the provisions of this title in regard to blowing the horn or whistle, ringing the bell and stopping 

and handling the train, and order them to comply therewith, must, on conviction, be fined not 

less than $1,000.00, and may be imprisoned in the county jail, or sentenced to hard labor for the 

county, for not more than 12 months, at the discretion of the jury. 

Ala. Code § 37-8-113 (2021) 

§ 37-8-114. Failure to use proper precautions to prevent accidents. 

Any engineer, conductor or other person who, having the control or management of any engine 

or electric motor running on any railroad in this state, fails to use proper precautions to prevent 

accidents by ringing the bell, blowing the horn or whistle or checking the speed of his engine, on 

approaching any curve in the road, or any depot, station or crossing of any public road, or on 

leaving any depot or station, must, on conviction, be fined not less than $100.00 nor more than 

$1,000.00, and may also be imprisoned in the county jail or sentenced to hard labor for the 

county for not more than six months. 

Ala. Code § 37-8-114 (2021) 

Alaska (0) 

No applicable statute related to this topic 

Arizona (4) 

§ 40-846. Electric headlights; violation; penalty 

A. Every railroad corporation, or receiver or lessee thereof, shall equip its locomotives used in 

the transportation of trains over the railroad, except locomotives regularly used in switching cars 
317 

or trains, with electric headlights of not less than fifteen hundred candle power measured without 

the aid of a reflector. 

B. Any railroad company, or receiver or lessee thereof, doing business in this state, which 

violates the provisions of this section is liable to the state for a penalty of not less than one 

hundred nor more than one thousand dollars for each offense. 

C. Action shall be brought to recover such penalty in a court of competent jurisdiction in the 

name of the state by the attorney general or by the county attorney of any county in or through 

which the railroad is operated. 

Ariz. Rev. Stat. Ann. § 40-846 (West 2021) 

§ 40-847. Bells on locomotives; violation; penalties 

A. Each railroad corporation shall equip its locomotives with a bell weighing not less than 

twenty pounds. 

Ariz. Rev. Stat. Ann. § 40-847 (West 2021) Excerpt from applicable statute published. 

§ 40-848. Automatic bell ringer required; violation; classification 

A. It is unlawful for any railroad to operate on its tracks within the state an engine not equipped 

with an automatically operated bell ringer for ringing the bell on the engine, which will cause the 

bell on the engine to continue to ring after being set in motion by the engineer or fireman. The 

device for starting or stopping the bell ringer shall be placed in a position where it can be 

operated by the engineer or fireman from his usual position in the cab. 

B. A railroad violating this section is guilty of a petty offense for each day that any locomotive 

engine is used in violation of this section, but if any ringer becomes out of order while the engine 

in which it is installed is in use, the engine may complete its trip. 

Ariz. Rev. Stat. Ann. § 40-848 (West 2021) 

§ 40-854. Failure to warn at public crossing; classification 

A person in charge of a railroad locomotive who before crossing any traveled public way omits 

to cause the bell to ring or a whistle, siren or other sounding device to sound at a distance of at 

least eighty rods from a crossing and until it is reached, is guilty of a class 2 misdemeanor. 

Ariz. Rev. Stat. Ann. § 40-854 (West 2021) 

Arkansas (2) 

§ 23-12-402. Locomotive lighting requirements 

(a) Any company, corporation, or officer of court, owning or operating a railroad over fifty (50) 

miles in length, which is in whole or in part within this state, shall be required to equip, maintain, 

and use on each and every locomotive being operated in road service in this state in the nighttime 

a headlight of power and brilliancy of one thousand five hundred (1,500) candlepower. 

(b) Any company, corporation, or officer of court owning or operating a railroad over fifty (50) 

miles in length, which is in whole or in part within this state, violating the provisions of this 

section, shall be liable on conviction to a penalty of a fine of not less than three hundred dollars 

($300) nor more than five hundred dollars ($500) for each separate offense. The amount shall be 

recovered in a civil action in the name of the state. 

(c) It is made the duty of any prosecuting attorney of any district in this state to enforce the 

provisions of this section when a complaint is properly filed in his or her office. 
318 

Ark. Code Ann. § 23-12-402 (West 2021) 

§ 23-12-410. Audible warning device to be sounded at crossing--Penalty and damages 

(a) To give warning of a train's approach, an audible warning device meeting standards 

prescribed by the Federal Railroad Administration shall be sounded at least one-quarter ( 1⁄4 ) 

mile in advance of each location in Arkansas where a railroad crosses any public road, highway, 

or street or where any public road, highway, or street crosses any railroad and shall be sounded 

until the lead locomotive clears the crossing. 

(b) Any railroad company failing to warn of the train's approach as required in this section shall 

be liable upon a finding of a violation for a fine of two hundred dollars ($200) for each 

occurrence. The penalty shall be recovered in a civil action in the name of the state. 

Ark. Code Ann. § 23-12-410 (West 2021) 

California (3) 

§ 7604. Audible warning devices; sounding of devices; penalty for violation; liability for 

damage 

(a)(1) Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning 

device shall be sounded at any public crossing in accordance with Section 222.21 of Title 49 of 

the Code of Federal Regulations. 

(2) Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning 

device shall be sounded, consistent with paragraph (1), at all rail crossings not subject to the 

requirements of Subpart B (commencing with Section 222.21) of Part 222 of Title 49 of the 

Code of Federal Regulations. 

(3) A bell, siren, horn, whistle, or similar audible warning device shall not be sounded in those 

areas established as quiet zones pursuant to Subpart C (commencing with Section 222.33) of Part 

222 of Title 49 of the Code of Federal Regulations. 

(4) This section does not restrict the use of a bell, siren, horn, whistle, or similar audible warning 

device during an emergency or other situation authorized in Section 222.23 of Title 49 of the 

Code of Federal Regulations. 

(b) Any railroad corporation violating this section shall be subject to a penalty of two thousand 

five hundred dollars ($2,500) for every violation. The penalty may be recovered in an action 

prosecuted by the district attorney of the proper county, for the use of the state. The corporation 

is also liable for all damages sustained by any person, and caused by its locomotives, train, or 

cars, when the provisions of this section are not complied with. 

Cal. Pub. Util. Code § 7604 (West 2021) 

§ 7605. Automatic bell ringer; violation; penalty 

Every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this 

State by steam locomotives, shall equip all steam locomotives used or to be used in the hauling 

or propelling of trains over the railroad with a bell ringer apparatus or device which, when set in 

operation, will ring and continue to ring the locomotive bell automatically, and which is so 

constructed that it may be set in operation from either or both sides of the locomotive cab. 

Any railroad company, receiver or lessee thereof, operating any line of railroad within this State 

by steam locomotives, violating this section shall be punished by a fine of not less than one 

hundred dollars ($100) or more than one thousand dollars ($1,000) for each offense. 
319 

Cal. Pub. Util. Code § 7605 (West 2021) 

§ 7607. Headlights; exemptions; violation; penalty 

Every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this 

State, shall equip all locomotive engines used in the transportation of trains over the railroad with 

electric or other headlights which will project sufficient light to enable the locomotive engineer 

to observe clearly a dark object the size of an average man, at a distance of not less than 800 feet 

on a dark, clear night while his train is running at a rate of speed not less than 30 miles per hour. 

This section shall not apply to locomotive engines regularly used in the switching of cars or 

trains or used exclusively between sun up and sun down, or going to or from repair shops when 

ordered in for repairs, nor to locomotive engines used on short lines or local lines where in the 

judgment of the commission, the headlight required by this section is not necessary for the 

preservation of public safety. 

Any railroad company, or receiver or lessee thereof, who violates this section, is liable to the 

State for a penalty of not less than one hundred dollars ($100), nor more than one thousand 

dollars ($1,000), for each offense. Suit shall be brought to recover the penalty in a court of 

competent jurisdiction, in the name of the people of the State of California, by the Attorney 

General or by the district attorney of any county in or through which the railroad is operated. 

Cal. Pub. Util. Code § 7607 (West 2021) 

Colorado (3) 

§ 31-15-711. Other public improvements 

(1) The governing body of each municipality has the power: 

(i) To construct, maintain, and operate safety measures that are necessary to allow the 

municipality to restrict the sounding of locomotive horns at highway-rail grade crossings in 

compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal 

railroad administration. The governing body of the municipality shall construct, maintain, and 

operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and 

the standards of safety prescribed by the public utilities commission pursuant to section 40-29-

110, C.R.S. 

Colo. Rev. Stat. Ann. § 31-15-711 (West 2021) Excerpt from applicable statute published. 

§ 31-25-1212.5. Improvements--railroad quiet zones 

A district has the power to construct, maintain, and operate safety measures that are necessary to 

allow the municipality to restrict the sounding of locomotive horns at highway-rail grade 

crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the 

federal railroad administration. The district shall construct, maintain, and operate the safety 

measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of 

safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S. 

Colo. Rev. Stat. Ann. § 31-25-1212.5 (West 2021) 

§ 40-29-106. Locomotive headlights--exceptions 

It is the duty of every railroad corporation, receiver, or lessee thereof operating any line of 

railroad in this state to equip all locomotive engines used in the transportation of trains over said 

railroad with headlights of not less than twelve hundred candle power, measured without the aid 
320 

of a reflector; but this section and section 40-29-107 shall not apply to locomotive engines which 

are regularly employed in yard service, known as switch engines; engines running for a distance 

of not more than sixteen miles within the limits of this state to complete their runs; those used 

exclusively between sunrise and sunset; nor engines going to or returning from repair shops 

when ordered to such shops for repair. 

Colo. Rev. Stat. Ann. § 40-29-106 (West 2021) 

Connecticut (2) 

*§ 13b-329. Audible signals; distance from grade crossing when sounding is to commence; 

maximum decibel level regulations 

(a) Each engine used upon a railroad shall be supplied with an audible signal of sufficient 

amplification for existing circumstances, which audible signal shall be so attached to such engine 

as to be conveniently accessible to the engineer and in good order for use. Except where a 

wayside horn has been installed pursuant to subsection (b) of this section, each person 

controlling the motions of an engine on a railroad shall commence sounding the audible signal 

when such engine is approaching and is within eighty rods of the place where such railroad 

crosses any highway at grade and shall keep such audible signal occasionally sounding until such 

engine has crossed such highway, provided when it appears to the Commissioner of 

Transportation upon the written complaint of an elected official of any town, city or borough 

wherein such crossing at grade is located that public safety requires the commencing of the 

sounding of the audible signal at a distance greater or lesser than eighty rods from such crossing 

at grade, the Commissioner of Transportation shall make such order in relation thereto as he 

deems advisable, provided in no event shall said Commissioner of Transportation order the 

sounding of any audible signal to commence at a distance of less than twenty-seven rods from 

any crossing at grade. The company in whose service such person may be shall pay all damages 

which may accrue to any person in consequence of any omission to comply with any provision 

of this subsection; and no railroad company shall knowingly employ an engineer who has been 

twice convicted of violating any provision of this subsection. 

(b) A wayside horn may be used in lieu of a horn attached to an engine at any highway-rail grade 

crossing equipped with an active warning system consisting of, at a minimum, flashing lights and 

gates. Such wayside horn shall conform to the federal requirements for wayside horn use set 

forth in 49 CFR 222.59, as amended from time to time. Any entity installing a wayside horn shall 

comply with the federal requirements for written notice set forth in 49 CFR 222. For the 

purposes of this section, “wayside horn” has the same meaning as provided in 49 CFR 222.9, as 

amended from time to time. 

(c) The Commissioner of Transportation, with the advice of the Commissioner of Energy and 

Environmental Protection, may establish by regulation the maximum decibel levels which may 

be emitted by any audible signal attached to a train engine, provided such maximum decibel 

level shall not be less than eighty-seven decibels. 

(d) Any railroad company operating any train engine which is equipped with an audible signal 

which produces noise emissions in excess of the maximum decibel levels allowed for such 

devices as established by said Commissioner of Transportation is in violation of this section. 

Conn. Gen. Stat. Ann. § 13b-329 (West 2021) 

§ 13b-334. Commissioner of Transportation may regulate signals 
321 

When the selectmen of any town, the mayor and common council of any city or the warden and 

burgesses of any borough bring their petition in writing to the Commissioner of Transportation, 

representing that the public interest requires that the blowing of the engine whistle at certain 

points within the limits of such town, city or borough shall be dispensed with, the commissioner 

shall appoint a time and place for hearing such petition and shall give reasonable notice thereof 

to the petitioners and the company operating such railroad. If, after such hearing, the 

commissioner is of the opinion that the sounding of the whistle can be safely dispensed with, he 

shall direct such company to omit such signal and require any other signal in lieu thereof which 

he judges best. The commissioner may, at any time, modify or annul any such order. 

Conn. Gen. Stat. Ann. § 13b-334 (West 2021) 

Delaware (1) 

§ 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction 

(a) Every corporation operating any line of railroad within this State shall cause the approach of 

its locomotive engine to every public highway crossing such line of railroad at grade to be 

signalled by sounding 2 long blasts followed by 1 short blast followed by 1 long blast of the 

engine whistle on every such locomotive engine, beginning at least 300 yards from such 

crossing. Where 2 or more public highways cross any such railroad within a distance of 400 

yards, the signal for the crossing first reached shall answer for all. This section shall not apply to 

the City of Wilmington, nor to any other crossings than those at grade nor to any such as are 

guarded by a watchperson or protected by safety gates. 

(b) If any corporation neglects or omits the performance of the duty prescribed and imposed by 

subsection (a) of this section, it shall be fined for the first offense $20, for the second offense $40 

and for every subsequent offense not more than $100. 

(e) Justices of the peace shall have jurisdiction of offenses under this section. There shall be a 

right of appeal to the Court of Common Pleas in every case. 

Del. Code Ann. tit. 17, § 701 (West 2021) Excerpt from applicable statute published. 

District of Columbia (1) 

§ 120. RAILROADS AND RAILROAD CROSSINGS 

120.6 No person, firm, or corporation shall move, cause to be moved, or take part in moving a 

railway locomotive, car, or train of cars on or upon a street or other public space between sunset 

and sunrise, unless a headlight or other equivalent reflecting lantern, or a hand lantern in the 

hands of an attendant, is displayed upon the most advanced approaching part of the locomotive, 

car, or train or cars to give due warning of its approach to persons near or crossing the tracks. 

D.C. Mun. Regs. tit. 24, § 120 (2021) 

Florida (1) 

§ 351.03. Railroad-highway grade-crossing warning signs and signals; audible warnings; 

exercise of reasonable care; blocking highways, roads, and streets during darkness 

(3) Except as provided in subsection (4), any railroad train approaching within 1,500 feet of a 

public railroad-highway grade crossing shall emit a signal audible for such distance. 

(4)(a) The Department of Transportation and the Federal Railroad Administration may authorize 

a municipality or county to implement a whistle ban provided the following conditions are met: 
322 

1. A traffic operations system is implemented to secure railroad-highway grade crossings for the 

purpose of preventing vehicles from going around, under, or through lowered railroad gates. 

2. The municipality or county has in effect an ordinance that unconditionally prohibits the 

sounding of railroad train horns and whistles during the hours of 10 p.m. and 6 a.m. at all public 

railroad-highway grade crossings within the municipality or county and where the municipality, 

county, or state has erected signs at the crossing announcing that railroad train horns and whistles 

may not be sounded during such hours. Signs so erected shall be in conformance with the 

uniform system of traffic control devices as specified in s. 316.0745. 

(b) Upon final approval and verification by the department and the Federal Railroad 

Administration that such traffic operations system meets all state and federal safety and traffic 

regulations and that such railroad-highway grade crossings can be secured, the municipality or 

county may pass an ordinance prohibiting the sounding of audible warning devices by trains 

upon approaching such railroad-highway grade crossings between the hours of 10 p.m. and 6 

a.m. 

(c) Nothing in this subsection shall be construed to nullify the liability provisions of s. 768.28. 

Fla. Stat. Ann. § 351.03 (West 2021) Excerpt from applicable statute published. 

Georgia (0) 

No applicable statute related to this topic 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (2) 

§ 18-6002. Neglect to sound bell or whistle 

Every person in charge of a locomotive engine who, before crossing any traveled public way, 

omits to cause a bell to ring or steam, air, electric or other similar whistle to sound at the distance 

of at least eighty (80) rods from the crossing, and up to it, is guilty of a misdemeanor. 

Idaho Code Ann. § 18-6002 (West 2021) 

§ 62-412. Bell or whistle 

The operator of a train or locomotive is not required to sound the locomotive's bell, horn or 

whistle when approaching any location at which the railroad crosses a private highway, private 

road or private street at grade. 

Idaho Code Ann. § 62-412 (West 2021) 

Illinois (1) 

*§ 5/18c-7402. Safety requirements for railroad operations 

§ 18c-7402. Safety requirements for railroad operations. 

(2) Other operational requirements. 

(a) Bell and whistle-crossings. Every rail carrier shall cause a bell, and a whistle or horn to be 

placed and kept on each locomotive, and shall cause the same to be rung or sounded by the 

engineer or fireman, at the distance of at least 1,320 feet, from the place where the railroad 

crosses or intersects any public highway, and shall be kept ringing or sounding until the highway 
323 

is reached; provided that at crossings where the Commission shall by order direct, only after a 

hearing has been held to determine the public is reasonably and sufficiently protected, the rail 

carrier may be excused from giving warning provided by this paragraph. 

(a-5) The requirements of paragraph (a) of this subsection (2) regarding ringing a bell and 

sounding a whistle or horn do not apply at a railroad crossing that has a permanently installed 

automated audible warning device authorized by the Commission under Section 18c-7402.1 that 

sounds automatically when an approaching train is at least 1,320 feet from the crossing and that 

keeps sounding until the lead locomotive has crossed the highway. The engineer or fireman may 

ring the bell or sound the whistle or horn at a railroad crossing that has a permanently installed 

audible warning device. 

625 Ill. Comp. Stat. Ann. 5/18c-7402 (West 2021) Excerpt from applicable statute published. 

Indiana (2) 

§ 8-6-4-1 Bells, whistles, and signs; pilot railroad crossing safety projects 

Sec. 1. (a) A railroad company operating in this state shall equip every locomotive engine with a 

whistle and a bell, maintained in good working order, such as are used by other railroad 

companies. Except when approaching a crossing to which an ordinance adopted under subsection 

(e) applies, the engineer or other person in charge of or operating an engine upon the line of a 

railroad shall, when the engine approaches the crossing of a turnpike, public highway, or street in 

this state: 

(1) sound the whistle on the engine distinctly not less than four (4) times, which sounding shall 

be prolonged or repeated until the crossing is reached; and 

(2) ring the bell attached to the engine continuously from the time of sounding the whistle until 

the engine has fully passed the crossing. 

(b) A railroad company shall erect a sign that is: 

(1) not more than one-fourth ( 1⁄4 ) mile in advance of a crossing or multiple consecutive 

crossings; and 

(2) visible from an approaching train; 

to notify the engineer or other person in charge of or operating an engine to sound the engine's 

whistle in accordance with federal law. The railroad company shall maintain the sign in good 

repair or replace the sign. However, this subsection does not apply to a crossing to which an 

ordinance adopted under subsection (e) applies. The locomotive engineer or other person in 

charge of the train shall notify, in writing, the appropriate maintenance of way supervisor of the 

railroad of any missing or damaged whistle post, and the railroad shall, within thirty (30) days 

after the maintenance of way supervisor is notified under this subsection, repair or replace the 

missing or damaged whistle post. 

(c) Except as provided in subsection (d), it is unlawful for an engineer or other person in charge 

of a locomotive to move the locomotive, or allow it to be moved, over or across a turnpike, 

public highway, or street crossing if the whistle is not in good working order. Except as provided 

in subsection (d), it is unlawful for a railroad company to order or permit a locomotive to be 

moved over or across a turnpike, public highway, or street crossing if the whistle is not in good 

working order. When a whistle is not in good working order, the locomotive must stop before 

each crossing and proceed only after manual protection is provided at the crossing by a member 

of the crew unless manual protection is known to be provided. 
324 

(d) If the bell of a locomotive becomes inoperable after the daily inspection required under 49 

CFR 229.21, the locomotive may be operated until the next daily inspection required under 49 

CFR 229.21. 

(e) A city, town, or county may adopt an ordinance to regulate the sounding of a whistle or the 

ringing of a bell under subsection (a) in the city, the town, or the county. However, an ordinance 

may not prohibit the sounding of a whistle or the ringing of a bell at a crossing that does not have 

an automatic train-activated warning signal as set forth in IC 8-6-7.7-2. An ordinance adopted 

after June 30, 2003, that prohibits the sounding of a whistle or the ringing of a bell at a crossing 

must require that signs be posted at the crossing to warn the public that trains do not sound 

whistles or ring bells at that crossing. Before an ordinance adopted under this subsection goes 

into effect, the city, town, or county must receive the written permission of the department to 

regulate the sounding or the ringing. The department shall grant permission only if the 

department determines, based upon a study conducted by the department, that the ordinance, as 

applied to the rail corridor identified in the ordinance, increases the overall safety of the corridor 

for the public. Notwithstanding anything to the contrary in this subsection, the department shall 

grant permission to a city or a town to regulate the sounding of a whistle or the ringing of a bell 

if the city or town had an ordinance regulating the sounding of a whistle or the ringing of a bell 

that was approved and in effect on January 1, 1991, if the city or town amended or repealed the 

ordinance, and if the city or town adopts a subsequent ordinance on the same subject. In making 

its determination during the course of the study, the department shall consider: 

(1) school bus routes; 

(2) emergency service routes; 

(3) hazardous materials routes; 

(4) pedestrian traffic; 

(5) trespassers; 

(6) recreational facilities; 

(7) trails; and 

(8) measures to increase safety in the corridor, including: 

(A) four (4) quadrant gates; 

(B) median barriers; 

(C) crossing closures; 

(D) law enforcement programs; and 

(E) public education. 

The study by the department required under this subsection must be completed not later than one 

hundred twenty (120) days after the department receives notice of the passage of the ordinance 

from the city, town, or county. 

(f) Notwithstanding a contrary provision in an ordinance adopted under subsection (e), an 

engineer or other person who is operating an engine shall sound the engine's whistle if, in the 

determination of the engineer or other person who is operating the engine, an apparent 

emergency exists. 

(g) A railroad company and the employees of the railroad company are immune from criminal or 

civil liability for injury or property damage that results from an accident that occurs at a crossing 

to which an ordinance described in subsection (e) applies if the injury or property damage was 

proximately caused solely by the railroad company and the employees failing to sound a whistle. 
325 

(h) The Indiana department of transportation shall review crossing safety at each crossing to 

which an ordinance adopted under subsection (e) applies not less than one (1) time in a five (5) 

year period. 

(i) The Indiana department of transportation may not revoke the permission granted under 

subsection (e) for an ordinance. 

(j) The Indiana department of transportation may create pilot railroad crossing safety projects to 

improve railroad crossing safety. 

Ind. Code Ann. § 8-6-4-1 (West 2021) 

§ 8-6-4-2 Violations; penalties; damages for personal injuries or property damage 

Sec. 2. (a) Every engineer or other person in charge of or operating an engine, who shall fail or 

neglect to comply with the provisions of section 1 of this chapter, shall be held personally liable 

to the state, in a penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), 

to be recovered in a civil action brought by the state in the circuit or superior court of any county 

where the crossing is located. 

(b) A railroad company that violates section 1(c) of this chapter shall be held liable therefor to 

the state for a penalty of not less than two hundred fifty dollars ($250) nor more than five 

thousand dollars ($5,000), to be recovered in a civil action brought by the state in the circuit or 

superior court of any county where the crossing is located. The railroad company in whose 

employ such engineer or person may be, as well as the engineer or person in charge of or 

operating the engine, shall be liable in damages to any person, or the person's representatives, 

who may be injured in property or person, or to any corporation that may be injured in property, 

by the neglect or failure of said engineer or other person as aforesaid. 

(c) A railroad company that violates section 1(b) of this chapter may be held liable to the state 

for a penalty of not less than two hundred fifty dollars ($250) or more than one thousand dollars 

($1,000), to be recovered in a civil action brought by the state in the circuit or superior court of 

any county where the crossing is located. 

Ind. Code Ann. § 8-6-4-2 (West 2021) 

Iowa (0) 

No applicable statute related to this topic 

Kansas (1) 

§ 66-2,120. Failure of locomotive to sound whistle at crossing; penalties; payment to 

informer 

An air whistle shall be attached to each locomotive engine, and shall be sounded four (4) times 

(two long, one short and one long blast) beginning at least eighty (80) rods from the place where 

the railroad shall cross any public road or street and to be prolonged or repeated until the 

crossing is occupied by the engine or car, except in cities and villages, under a penalty of not 

more than twenty dollars ($20) for every neglect of the provisions of this section, to be paid by 

the corporation owning the railway on the suit of the county attorney, one-half thereof to go to 

the informer, and the other half to the county treasurer; and the corporation shall also be liable 

for all damages which shall be sustained by any person by reason of such neglect: Provided, 

however, That such penalty shall be sued for within one (1) month from the time the cause of 
326 

action accrues, and not thereafter: And provided further, That but one penalty shall be recovered 

in any one action. 

Kan. Stat. Ann. § 66-2,120 (West 2021) 

Kentucky (1) 

§ 277.190 Bell to be rung or whistle sounded at crossings; local government regulation of 

sounding train whistles at night 

(1) Every railroad company shall provide each locomotive engine running over any of its lines 

with a bell of ordinary size and a whistle. The bell shall be rung or the whistle sounded at a 

distance of at least fifty (50) rods from the place where the track crosses upon the same level any 

highway or crossing where a signboard is required to be maintained. The bell shall be rung or the 

whistle sounded continuously or alternately until the engine has reached the highway or crossing 

except as provided in subsection (2) of this section. 

(2) A city, county, urban-county, or charter county government may regulate the sounding of 

train whistles at night if the city, county, urban-county, or charter county government enacts an 

ordinance adopting the provisions of Emergency Order Number 15, Notice Number 4, issued by 

the Federal Railroad Administration on August 31, 1993. If the Federal Railroad Administration 

updates the requirements of Emergency Order 15, a city, county, urban-county, or charter county 

government that has adopted the provisions of Emergency Order 15 shall by ordinance adopt the 

most recent federal requirements governing the sounding of train whistles. 

Ky. Rev. Stat. Ann. § 277.190 (West 2021) 

Louisiana (1) 

§ 168. Equipment of locomotive with bell and whistle or horn, sounding of signals 

A. Every railroad company or person owning and operating a railroad in this state shall equip 

each locomotive engine with a bell and a whistle or horn which, under normal conditions, can be 

heard at a distance of not less than one quarter of a mile. 

B. Except as specifically exempted by law, any person controlling the motion of an engine on 

any railroad shall commence sounding the audible signal when such engine is approaching and 

not less than one quarter of a mile from the place where such railroad crosses any highway. Such 

sounding shall be prolonged either continuously or by blasts of the whistle or horn to be sounded 

in the manner provided by the Uniform Code of Railroad Operating Rules until the engine has 

crossed the roadway, unless the distance from that crossing to the start of the movement or the 

distance between the crossings is less than one quarter mile, in which event such warning signals 

shall be so sounded for the lesser distance. In cases of emergency said whistles or horn may be 

sounded in repeated short blasts. 

C. The provisions of this Section shall not apply to the Kansas City Southern railroad line which 

runs parallel to Perkins Road in the city of Baton Rouge, Louisiana. 

La. Stat. Ann. § 32:168 (2021) 

Maine (2) 

§ 7211. Crossing signs on each side of track; whistle and bell 

At every temporary crossing, established in accordance with section 7210, boards with the words 

“Temporary railroad crossing, stop, look, listen” distinctly painted on each side, in letters plainly 

legible, shall be placed on each side line of the railroad right-of-way at the crossing, on a post or 
327 

other structure, in a position as to be easily seen by persons about to cross the railroad at those 

places. For any crossing so established, engine bells shall be rung and engine whistles sounded, 

as provided in section 7214. 

Me. Rev. Stat. Ann. tit. 23, § 7211 (2021) 

§ 7214. Signboards at grade crossings; ringing of engine bells 

Every railroad corporation shall cause signboards with the words “Railroad Crossing” distinctly 

painted on each side of the signboards, or as a minimum on one side if signboards are placed 

facing on-coming traffic in each direction, in letters plainly legible, to be placed and constantly 

maintained at the side of highways and town ways where they are crossed at grade by those 

railroads, on posts or other structures, in a position as to be easily seen by persons passing on 

those ways. Every corporation shall cause a whistle and a bell of at least 35 pounds in weight to 

be placed on each locomotive used on its railroad, and the whistles shall be sounded as a warning 

beginning at a distance of 990 feet, on standard or narrow gauge railroads, from all crossings of 

those ways on the same level, unless the Department of Transportation, on petition of the 

corporation or of the municipal officers or of 10 or more residents of any city or town in which 

the crossing is located, after notice and hearing, shall order the sounding of the whistle to be 

discontinued in any city or village until further order of the department. The bell shall be rung at 

a distance of 990 feet, on standard or narrow gauge railroads, from grade crossings and be kept 

ringing until the engine has passed the crossings. On petition of 10 or more residents of the State, 

after notice to the railroad corporation and a public hearing, the department may in writing order 

the corporation to give additional warning to travelers on those ways by requiring the sounding 

of the whistles or the ringing of the bells at other places where the railroads cross the public ways 

other than at grade or run contiguous to the ways, and the orders shall have the same force and 

place the same obligations on railroad corporations as when required under this section. 

Me. Rev. Stat. Ann. tit. 23, § 7214 (2021) Excerpt from applicable statute published. 

Maryland (0) 

No applicable statute related to this topic 

Massachusetts (3) 

§ 15. Precautions at railroad crossings 

Except as hereinafter otherwise provided, every person operating a motor vehicle, upon 

approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and 

proper rate before proceeding over the crossing, and shall proceed over the crossing at a rate of 

speed and with such care as is reasonable and proper under the circumstances. Every person 

operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids 

as a cargo, or part of a cargo, upon approaching a railroad crossing at grade, shall bring his 

vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track 

of said railroad, and shall not proceed to cross until it is safe to do so. The operator of a school 

bus, in addition to bringing his vehicle to a full stop, as aforesaid, shall open the service door, 

ascertain if he may cross safely and thereupon close said door before proceeding. Every person 

operating any motor vehicle, upon approaching at grade a railroad crossing protected by red 

lights which flash as a warning, shall bring his vehicle to a full stop not less than fifteen feet and 

not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until 
328 

said lights stop flashing. Every person operating any motor vehicle, upon approaching at grade a 

railroad crossing protected by a lowered automatic gate, shall bring his vehicle to a full stop not 

less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall 

not proceed to cross until said automatic gate is raised. Every person operating any motor 

vehicle, upon approaching at grade a railroad crossing protected by a railroad employee waving a 

red flag or white lantern, shall bring his vehicle to a full stop not less than fifteen feet and not 

more than fifty feet from the nearest track of said railroad and shall not proceed to cross until 

said railroad employee signals that it is safe to do so. A railroad train approaching within 

approximately one thousand five hundred feet of a highway crossing shall emit a warning signal 

audible from such distance. Whoever violates any provisions of this section and is operating a 

school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, shall be punished by a fine of not less than $500 or by being required to 

perform a total of 100 hours of community service which may include service in the operation 

lifesaver program. All other persons violating the provisions of this section not operating a 

school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, shall be punished by a fine of not less than $100 nor more than $200 or by 

being required to perform a total of 50 hours of community service which may include service in 

the operation lifesaver program. 

Mass. Gen. Laws Ann. ch. 90, § 15 (West 2021) 

§ 138. Warning to public 

Every railroad corporation shall cause a bell of at least thirty-five pounds in weight, and a 

whistle, to be placed on each locomotive engine passing upon its railroad; and such bell shall be 

rung or at least three separate and distinct blasts of such whistle sounded at the distance of at 

least eighty rods from the place where the railroad crosses upon the same level any public way or 

traveled place over which a signboard is required to be maintained as provided in sections one 

hundred and forty and one hundred and forty-one; and such bell shall be rung or such whistle 

sounded continuously or alternately until the engine has crossed such way or traveled place. This 

section shall not affect the authority conferred upon the department by the following section. 

Mass. Gen. Laws Ann. ch. 160, § 138 (West 2021) 

§ 139. Regulation by department of use of warning devices 

The department, upon petition, and after notice to the railroad corporation and a public hearing, 

may, for good cause shown, recommend to such railroad corporation such changes as it considers 

proper in the manner of making up and shifting freight trains or freight cars, and of sounding of 

whistles on locomotives, and it may by written order forbid or regulate the sounding of whistles 

on the locomotives of such corporation at any specified grade crossings of the tracks of such 

corporation with any public way. The corporation which is subject to such order shall, until the 

order has been modified or annulled by the department, conform in all respects to the terms 

thereof. 

Mass. Gen. Laws Ann. ch. 160, § 139 (West 2021) 

Michigan (1) 

§ 462.318. Erection and maintenance of whistle posts at crossings 
329 

Sec. 318. A railroad shall erect and maintain a whistle post in advance of a public crossing or 

multiple consecutive crossings to notify the engineer of an approaching public crossing. 

Mich. Comp. Laws Ann. § 462.318 (West 2021) 

Minnesota (2) 

*§ 219.166. Establishment of quiet zones (Quiet Zones) 

A county, statutory or home rule charter city, or town may apply to the Federal Railroad 

Administration for the establishment of a “quiet zone” in which the sounding of horns, whistles, 

or other audible warnings by locomotives is regulated or prohibited. All quiet zones, regulations, 

and ordinances adopted under this section must conform to federal law and the regulations of the 

Federal Railroad Administration under United States Code, title 49, section 20153. 

Minn. Stat. Ann. § 219.166 (West 2021) 

§ 219.567. Failure to ring bell 

An engineer driving a locomotive on a railway who fails to ring the bell or sound the whistle on 

the locomotive, or have it rung or sounded in accordance with Federal Railroad Administration 

regulations under United States Code, title 49, section 20153, is guilty of a misdemeanor. 

Minn. Stat. Ann. § 219.567 (West 2021) 

Mississippi (1) 

§ 77-9-225. Locomotive approaching crossing; bells, whistles or horns 

Every railroad company shall cause each locomotive engine run by it to be provided with a bell 

of at least thirty (30) pounds weight and with a whistle or horn which can be heard distinctly at a 

distance of three hundred (300) yards, and shall cause the bell to be rung or the whistle or horn to 

be blown at the distance of at least three hundred (300) yards from the place where the railroad 

crosses over any public highway or municipal street. The bell shall be kept ringing continuously 

or the whistle or horn shall be kept blowing at repeated intervals until said crossing is passed. 

Every person, company or corporation violating the provisions of this section shall be guilty of a 

misdemeanor and upon conviction shall be fined not more than Fifty Dollars ($50.00) or be 

imprisoned not more than thirty (30) days, or be both so fined and imprisoned, in the discretion 

of the court. 

The provisions of this section shall be enforced by the Mississippi Department of Transportation. 

Miss. Code. Ann. § 77-9-225 (West 2021) 

Missouri (2) 

§ 389.900. Locomotives to be equipped with electric headlights--power of same--exceptions 

That all companies, corporations, lessees, owners, operators or receivers of any railroad or 

railway company operating a railroad or railway in whole or in part in this state, are hereby 

required to equip, maintain and use upon every locomotive being operated in road service in this 

state in the nighttime an electric headlight of fifteen hundred candle power brilliancy, measured 

with the aid of a reflector, and classification signals not less than six candle power; provided, that 

nothing in this law shall be so construed as to prevent a locomotive engine whose headlight has 

become defective while on the road from proceeding to the most convenient terminal or division 

point where the necessary facilities exist for remedying such defect, but nothing in this law shall 
330 

relieve any such company, corporation, lessee, owner, operator or receiver of any railroad or 

railway company of any liability for injury or damage to persons or property, or for the death of 

any person, caused by proceeding with an engine having such defective headlight; and provided 

further, that the provisions of this law shall not apply to independent lines of railroad less than 

seventy-five miles in length; and provided further, that the provisions of this law shall not apply 

during the first ninety days of a strike of the particular employees whose duties are to repair and 

maintain electric headlights. 

Mo. Ann. Stat. § 389.900 (West 2021) 

§ 389.990. Bell and whistle at crossings--penalty 

A bell shall be placed on each locomotive engine, and be rung at a distance of at least eighty rods 

from the place where the railroad shall cross any traveled public road or street, and be kept 

ringing until it shall have crossed such road or street, or a horn or whistle shall be attached to 

such engine and be sounded at least eighty rods from the place where the railroad shall cross any 

such road or street, except in cities, and be sounded at intervals until it shall have crossed such 

road or street, under a penalty of twenty dollars for every neglect of the provisions of this 

section, to be paid by the corporation owning the railroad, to be sued for by the prosecuting or 

circuit attorney of the proper circuit, within ten days after such penalty was incurred, one-half 

thereof to go to the informer and the other half to the county; and said corporation shall also be 

liable for all damages which any person may hereafter sustain at such crossing when such bell 

shall not be rung or such horn or whistle sounded as required by this section; provided, however, 

that nothing herein contained shall preclude the corporation sued from showing that the failure to 

ring such bell or sound such horn or whistle was not the cause of such injury. 

Mo. Ann. Stat. § 389.990 (West 2021) 

Montana (2) 

*§ 69-14-610. Effect of railroad crossing provisions on liability of railroad (Quiet Zones) 

(1) Nothing contained in 69-14-601 through 69-14-611 affects the liability of a railroad company 

for damage to persons or property injured at a railroad crossing. 

(2) A railroad company or an employee of a railroad company may not be held liable for 

damages to persons or property injured at a railroad crossing that is within a quiet zone, as 

defined in 69-14-620, if the damages are alleged to arise from the locomotive's failure to sound 

its horn or bell at a railroad crossing that is within a quiet zone as provided in 69-14-620. 

Mont. Code Ann. § 69-14-610 (West 2021) 

§ 69-14-620. Establishment of railroad quiet zones (Quiet Zones) 

(1) For the purposes of this section, “quiet zone” means a segment of a railroad within which is 

situated one or a number of consecutive railroad crossings at which locomotive horns and bells 

are not routinely sounded. 

(2) A governing body of a municipality or a board of county commissioners may petition to the 

secretary of the United States department of transportation to establish quiet zones at railroad 

crossings that meet the requirements established in the rules adopted to implement 49 U.S.C. 

20153(c). In developing the petition, the governing body of the municipality or the board of 

county commissioners shall consult with the railroad corporations that operate the rail lines 

through crossings that are within the proposed quiet zone. The petition must include how the 
331 

municipality or county intends to implement the supplemental safety measures that are required 

by the United States department of transportation at railroad crossings within quiet zones. 

(3) A quiet zone may not be established at a railroad crossing unless the governing body of a 

municipality or a board of county commissioners follows the procedure provided in subsection 

(2) and receives the approval of the secretary of the United States department of transportation or 

the secretary's designee. 

Mont. Code Ann. § 69-14-620 (West 2021) 

Nebraska (0) 

No applicable statute related to this topic 

Nevada (2) 

§ 705.360. Headlights on locomotive; penalty 

1. Every company, corporation lessee, manager or receiver, owning or operating a railroad in this 

state, shall equip, maintain, use and display at night upon each locomotive being operated in road 

service in this state an electric or other headlight of at least 1,500 candle power, measured 

without the aid of a reflector. Any electric headlight which will pick up and distinguish a person 

dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet is deemed the 

equivalent of a 1,500 candle power headlight measured without the aid of a reflector. 

2. This section does not apply to: 

(a) Locomotive engines regularly used in switching cars or trains. 

(b) Railroads not maintaining regular night train schedules. 

(c) Locomotives going to or returning from repair shops when ordered in for repairs. 

3. Any railroad company, or the receiver or lessee thereof, which violates the provisions of this 

section is liable to the Public Utilities Commission of Nevada for a penalty of not more than 

$1,000 for each violation. 

Nev. Rev. Stat. Ann. § 705.360 (West 2021) 

§ 705.430. Penalty for unlawful failure to ring bell or sound whistle at crossing; exceptions 

1. Except as otherwise provided in subsection 2, every engineer driving a locomotive on any 

railway who fails to ring the bell or sound the whistle or horn upon the locomotive or to cause 

the bell, whistle or horn to be rung or sounded at least 80 rods from any place where the railway 

crosses a traveled road or street that is customarily used by the public for the purpose of travel, 

or who fails to continue the ringing of the bell or the sounding of the whistle or horn until the 

locomotive has crossed the road or street, is guilty of a misdemeanor. 

2. The provisions of subsection 1 do not apply in any quiet zone established pursuant to 

regulations of the Federal Railroad Administration of the United States Department of 

Transportation. 

3. As used in this section, “quiet zone” has the meaning ascribed to it in 49 C.F.R. § 222.9.

Nev. Rev. Stat. Ann. § 705.430 (West 2021) 

New Hampshire (0) 

No applicable statute related to this topic 
332 

New Jersey (1) 

§ 48:12-57. Bell or whistle on locomotives; penalty 

a. Every railroad company shall place on each engine a bell weighing not less than 30 pounds 

which shall be rung continuously in approaching a grade crossing of a highway, beginning at a 

distance of at least 300 yards from the crossing and continuing until the engine has crossed such 

highway, or a whistle or horn operated by steam, air or electricity, which shall be sounded, 

except in cities, at least 300 yards from the crossing and at intervals until the engine has crossed 

the highway. 

For every default the company operating such road shall pay a penalty of $100.00 to be sued for 

by any informer within 10 days after such penalty was incurred, 1⁄2 to go to the informer and 1⁄2 to 

the county wherein such default occurred. Nothing herein shall take away any remedy for such 

neglect from any person injured thereby. 

Upon application from the governing body of a county or municipality in which a grade crossing 

is located, the Commissioner of Transportation may, in his discretion, exempt railroad 

companies from observing the provisions of this section with respect to grade crossings in that 

county or municipality employing supplementary safety measures which have been approved by 

the Federal Railroad Administration or the Secretary of Transportation of the United States 

pursuant to 49 U.S.C.s. 20153 as fully compensating for the absence of the warning provided by 

the locomotive horn and which have received a waiver or exemption under 49 U.S.C.s. 20153(d). 

As used in this act, “supplementary safety measure” means a safety system or procedure, 

provided by the appropriate traffic control authority or law enforcement authority responsible for 

safety at the highway-rail grade crossing, that is determined by the Secretary of Transportation of 

the United States to be an effective substitute for the locomotive horn in the prevention of 

highway-rail casualties. A traffic control arrangement that prevents careless movement over the 

crossing, for example, as where adequate median barriers prevent movement around crossing 

gates extending over the full width of the lanes in the particular direction of travel, and that 

conforms to standards prescribed by the Secretary, shall be deemed to constitute a supplementary 

safety measure. However, the following do not, individually, or in combination, constitute 

supplementary safety measures: standard traffic control devices or arrangements such as 

reflectorized crossbucks, stop signs, flashing lights, flashing lights with gates that do not 

completely block travel over the line of railroad, or traffic signals. 

b. With respect to that portion of a rail passenger line located in a county of the second class 

having a population between 420,000 and 425,000, according to the most recent federal 

decennial census, running between a municipality having a population between 15,100 and 

15,125, according to the most recent federal decennial census, and a municipality having a 

population between 19,940 and 19,965, according to the most recent federal decennial census, 

upon application of a municipality in which a grade crossing of such line is located, the 

Commissioner of Transportation shall require that a railroad company or entity providing rail 

passenger service not sound a whistle or horn in that municipality between the hours of 7:00 p.m. 

and 7:00 a.m., but instead require that a bell weighing not less than 30 pounds be rung between 

such hours at such grade crossing location as required by subsection a. of this section, except that 

notwithstanding this requirement an operator shall not be subject to a penalty for sounding a 

whistle or horn in an emergency. 

c. With respect to that portion of a rail passenger line located in a county of the first class having 

a population more than 825,000, according to the most recent federal decennial census, running 

through a municipality having a population between 30,530 and 30,560, according to the most 
333 

recent federal decennial census, a municipality having a population between 9,850 and 9,900, 

according to the most recent federal decennial census, a municipality having a population 

between 10,870 and 10,900, according to the most recent federal decennial census, a 

municipality having a population between 3,900 and 3,950, according to the most recent federal 

decennial census, a municipality having a population between 17,890 and 17,920, according to 

the most recent federal decennial census, a municipality having a population between 7,030 and 

7,060, according to the most recent federal decennial census, a municipality having a population 

between 11,980 and 12, 020, according to the most recent federal decennial census, a 

municipality having a population between 24,140 and 24,170, according to the most recent 

federal decennial census, a municipality having a population between 9,755 and 9,760, according 

to the most recent federal decennial census, a municipality having a population between 9,230 

and 9,260, according to the most recent federal decennial census, and a municipality having a 

population between 15,360 and 15,400, according to the most recent federal decennial census, 

upon application of a municipality in which a grade crossing of such line is located, the 

Commissioner of Transportation shall require that a railroad company or entity providing rail 

passenger service not sound a whistle or horn in that municipality between the hours of 7:00 p.m. 

and 7:00 a.m., but instead require that a bell weighing not less than 30 pounds be rung between 

such hours at any such grade crossing location, except that notwithstanding this requirement, an 

operator shall not be subject to a penalty for sounding a whistle or horn in an emergency. 

N.J. Stat. Ann. § 48:12-57 (West 2021) 

New Mexico (1) 

§ 63-3-34. Bell to be rung at highway crossings 

A. Except as provided in Subsection B of this section, every railroad corporation shall cause a 

bell to be attached to each of its locomotives and shall cause the bell to be rung at a distance of 

not less than eighty rods from the crossing of any public street, road or highway. 

B. For a railroad, owned by the state or one of its political subdivisions, if the crossing is within a 

designated quiet zone pursuant to federal railroad administration rules and the maximum allowed 

speed for a train using the crossing is equal to or less than forty miles per hour, the bell shall be 

rung not less than three hundred feet from the crossing. 

C. A railroad corporation violating a provision of Subsection A or B of this section shall be 

subject to a penalty of one hundred dollars ($100) to be recovered by action in the name of the 

state in any court of competent jurisdiction, one-half of which shall go to the informer and the 

other half of which shall go to the state. The corporation shall also be liable for all damages that 

may be sustained by any person by reason of noncompliance with the provisions of this section. 

N.M. Stat. Ann. § 63-3-34 (West 2021) 

New York (1) 

§ 53-b. Ringing bells and blowing whistles at crossings 

A person acting as engineer, driving a locomotive on any railway in this state, who fails to ring 

the bell, or sound the whistle, upon such locomotive, or cause the same to be rung or sounded, at 

least eighty rods from any place where such railway crosses a traveled road or street on the same 

level, except in cities, or to continue the ringing of such bell or sounding such whistle at 

intervals, until such locomotive and the train to which the locomotive is attached shall have 

completely crossed such road or street is guilty of a misdemeanor. 
334 

N.Y. R.R. Law § 53-b (McKinney 2021) 

North Carolina (0) 

No applicable statute related to this topic 

North Dakota (3) 

§ 49-11-21. Warning device sounded at crossing by locomotive-- Exceptions 

1. A warning device must be placed on each locomotive engine and the device on the lead 

locomotive must be sounded when approaching a public railroad crossing, and must continue to 

be sounded until the locomotive enters the public railroad crossing. 

2. The warning device may not be sounded at a private railroad crossing. However, a party may 

petition the commission to request that a horn be sounded at a private railroad crossing. The 

commission shall review the request and issue an order approving or denying the request based 

on the safety concerns of the public. A party may not be subject to any liability as a result of not 

making a request. 

3. The governing body of a city may adopt a quiet zone ordinance, as allowed by federal law and 

implemented under the federal railroad administration's supplemental safety measures for atgrade crossings, prohibiting a locomotive engine from sounding a warning device at crossings 

within the quiet zone under regular crossing conditions. 

4. Notwithstanding any other provision of this section, a locomotive engineer may sound a 

locomotive horn at any crossing to provide a warning to animals, vehicle operators, pedestrians, 

trespassers, or crews on other trains in an emergency situation if in the locomotive engineer's 

judgment the action is appropriate to prevent imminent injury, death, or property damage. 

N.D. Cent. Code Ann. § 49-11-21 (West 2021) 

§ 49-11-22. Liability for failure of locomotive to sound bell, horn, or whistle at crossing 

1. A railroad that has operational control of a locomotive that fails to sound its warning device at 

any crossing as required by section 49-11-21 is guilty of an infraction. 

2. If a crew member of a locomotive does not sound a warning device at a crossing for which the 

sounding of a warning device is not required, any crew member or railroad with operational 

control of the locomotive may not be liable for any damages sustained by a person by reason of 

the failure to sound a warning device. 

3. This section does not exempt a railroad corporation from any liability created under chapter 

49-16 or the Federal Employers' Liability Act [45 U.S.C. 51 et seq.] for injuries to its employees 

or agents. 

N.D. Cent. Code Ann. § 49-11-22 (West 2021) 

§ 49-11-23. Liability of engineer for failure to sound bell, horn, or whistle of locomotive at 

crossing 

Every locomotive engineer who does not cause a warning device to be sounded as required by 

section 49-11-21 shall be guilty of an infraction. 

N.D. Cent. Code Ann. § 49-11-23 (West 2021) 

Ohio (11) 

*§ 4955.32 Locomotive signal at public highway or grade crossing 
335 

(A) As used in this section, “lite locomotive consist” means a consist of locomotives not attached 

to any piece of equipment or attached only to a caboose. 

(B) When the locomotive in the lead of a train, when a lite locomotive consist, or when an 

individual locomotive is approaching a public highway or a grade crossing, either of the 

following shall occur: 

(1) The engineer or person in charge of the locomotive shall sound the locomotive horn in 

accordance with 49 C.F.R. part 222; 

(2) An alternative audible warning system approved by the public utilities commission under 

section 4955.321 of the Revised Code shall be activated in accordance with guidelines 

established by the commission. 

(C) The establishment of an alternative audible warning system does not preclude the sounding 

of a locomotive horn by an engineer or other person in charge of a locomotive in an emergency 

situation, as determined by the sole judgment of the engineer or other person. 

Ohio Rev. Code Ann. § 4955.32 (West 2021) 

*§ 4955.321 Alternative audible warning systems 

The public utilities commission may evaluate alternative systems for providing an audible 

warning of an approaching locomotive. The commission may approve the use of an audible 

warning system as an alternative to the horn sounding required under division (B)(1) of section 

4955.32 of the Revised Code only if it determines that the alternative audible warning system 

complies with applicable federal requirements for an audible warning of an approaching train 

and only if train-activated warning devices also are present at any public highway or grade 

crossing at which the alternative audible warning system is installed. The commission shall 

establish guidelines for the use and operation of any alternative audible warning system it 

approves. 

Ohio Rev. Code Ann. § 4955.321 (West 2021) 

*§ 4955.34 Failure to use warning signals; forfeiture 

Every engineer or person in charge of a locomotive who fails to comply with section 4955.32 of 

the Revised Code is personally liable to a penalty of not less than fifty nor more than one 

hundred dollars, to be recovered by civil action at the suit of the state in the court of common 

pleas of a county in which the public highway or grade crossing is located. 

The company in whose employ such engineer or person in charge of a locomotive is, as well as 

the engineer or person in charge, is liable in damages to a person or company injured in person 

or property by such neglect or act of such engineer or person in charge. 

Ohio Rev. Code Ann. § 4955.34 (West 2021) 

*§ 4955.41 Definitions (Quiet Zones) 

As used in sections 4955.41 to 4955.47 of the Revised Code: 

(A) “Railroad quiet zone” means a designated area including and adjacent to one or more 

consecutive public grade crossings that are equipped with automatic gates and lights that 

conform to the manual on uniform traffic control devices and for which one or more 

supplemental safety measures are implemented and used pursuant to sections 4955.41 to 4955.47 

of the Revised Code. 
336 

(B) “Supplemental safety measure” means a supplementary safety measure, and the guidelines 

for the use and operation of that measure, that are prescribed in 49 C.F.R. 222.41(a) and (e) and 

Appendix (A), as set forth in 65 F.R. 2230 to 2270. 

Ohio Rev. Code Ann. § 4955.41 (West 2021) 

§ 4955.42 Establishment; application (Quiet Zones) 

(A) A municipal corporation or township may establish within its jurisdiction one or more 

railroad quiet zones implementing and using one or more supplemental safety measures, through 

the enactment or adoption, after the effective date of initial regulations adopted pursuant to the 

“Swift Rail Development Act,” Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153, of an 

ordinance or resolution authorizing each zone and subject to public utilities commission approval 

under this section. 

(B)(1) Following enactment of an ordinance or resolution under division (A) of this section, the 

municipal corporation or township shall send a detailed written notice by certified mail, return 

receipt requested, to each railroad operating over a public grade crossing within the quiet zone. 

The notice shall request the railroad to give a written reply that includes its comments about the 

quiet zone and details any concerns the railroad has with any aspect of the quiet zone. The notice 

shall inform the railroad that if the municipal corporation or township does not receive the 

railroad's written reply within sixty days of the date of delivery of the notice, the municipal 

corporation or township is permitted to submit its application for approval of the quiet zone to 

the commission without the railroad's written reply and inform the commission that it provided 

the written notice as required by this section but that the railroad did not reply in a timely 

manner. 

(2) The municipal corporation or township then may file with the commission an application for 

commission approval of the railroad quiet zone authorized pursuant to the ordinance or 

resolution. The application shall be in such form and contain such information as the commission 

specifies. All applications also shall include all of the following: 

(a) The written reply described in division (B)(1) of this section, if any, from each railroad 

operating over a public grade crossing located within the quiet zone. If there is a written reply 

and it contains concerns that the railroad has about any aspect of the quiet zone, the municipal 

corporation or township shall include a written statement explaining how it will meet those 

concerns. 

(b) A written statement from the federal railroad administration, stating that the agency has no 

objection to the establishment of the quiet zone; 

(c) If a municipal corporation or township makes application under this division and wishes to 

pay all or part of the cost of the installation or maintenance of supplemental safety measures at a 

highway grade crossing located within the quiet zone in an adjoining municipal corporation or 

township, a written statement from the adjoining municipal corporation or township agreeing to 

that arrangement; 

(d) A list of the private grade crossings, if any, that are located within the quiet zone, and a 

description of how the municipal corporation or township will ensure the safety of those who 

utilize those private grade crossings if the commission approves the quiet zone. 

(3) Any combination of municipal corporations and townships may file a joint application for 

commission approval of quiet zones within their respective jurisdictions. 

(C) Upon the filing of an application under division (B) of this section, the commission shall 

authorize a limited period for the filing of comments by any party regarding the application. 
337 

After considering any such comments and only by order issued after the effective date of initial 

regulations adopted pursuant to the “Swift Rail Development Act,” Pub. L. No. 103-440, 108 

Stat. 4615, 49 U.S.C. 20153, the commission may approve the application, approve it with 

conditions, or reject the application. If the application is complete and otherwise meets all the 

requirements of this section, the commission shall approve the railroad quiet zone if the 

commission finds that the supplemental safety measures proposed for each public crossing 

included in the zone comply with the guidelines for the use and operation of those measures as 

set forth in Appendix (A) of 49 C.F.R. part 222 and are appropriate and adequate for the 

crossing. If the commission disapproves all or part of an application as to a particular crossing, 

the commission's order shall state the findings and reasons for disapproval. Nothing in this 

section precludes the subsequent filing of a substantially modified application by the municipal 

corporation or township. 

The commission shall reject an application that does not include the documents described in 

divisions (B)(2)(a), (b), and, if applicable, (B)(2)(c) and (d) of this section. If the application 

includes a written reply and a written statement described in division (B)(2)(a) of this section, the 

commission shall reject the application if the commission finds that the statement from the 

municipal corporation or township does not adequately address the concerns of the railroad 

contained in the railroad's written reply. If the application includes a statement described in 

division (B)(2)(d) of this section, the commission shall reject the application if the commission 

finds that the application does not adequately address the issue of the safety of those persons who 

will utilize the private grade crossings located within the quiet zone if the commission approves 

its creation. 

Ohio Rev. Code Ann. § 4955.42 (West 2021) 

§ 4955.43 Notice; order (Quiet Zones) 

(A) At least ninety days prior to the date of first operation of a railroad quiet zone established 

pursuant to section 4955.42 of the Revised Code, the municipal corporation or township shall 

provide detailed, written notice of the established zone by certified mail, return receipt requested, 

to each railroad operating over a public grade crossing included in the zone, the highway or 

traffic control authority or law enforcement authority having responsibility for control of 

vehicular traffic at the crossings, the public utilities commission, the director of public safety, 

and the associate administrator for safety for the federal railroad administration. 

(B) For each railroad quiet zone established pursuant to section 4955.42 of the Revised Code, the 

commission shall issue an order expressly prohibiting any engineer or other person in charge of a 

locomotive from sounding any locomotive whistle, horn, bell, or other audible warning device 

within the distance of each public crossing in the zone, as that distance is designated in the order 

of the commission. 

Ohio Rev. Code Ann. § 4955.43 (West 2021) 

*§ 4955.44 Exceptions; suspension of operation of quiet zone (Quiet Zones) 

(A) On and after the date of first operation of a railroad quiet zone established pursuant to 

section 4955.42 of the Revised Code, divisions (B)(1) and (2) of section 4955.32 of the Revised 

Code do not apply with respect to the zone. 

(B) The establishment of a railroad quiet zone pursuant to sections 4955.41 to 4955.47 of the 

Revised Code does not preclude the sounding of a locomotive whistle, horn, bell, or other 

audible device by an engineer or other person in charge of the locomotive to address a perceived 
338 

potential for injury, death, or loss to person or property, as determined by the sole judgment of 

the engineer or other person. 

(C) The commission may suspend summarily the operation of a quiet zone established pursuant 

to section 4955.42 of the Revised Code if the commission, through any source, obtains sufficient, 

credible evidence showing that a condition at a public grade crossing located within a quiet zone 

has changed to such an extent that, even with the continuing existence of the supplemental safety 

measures at the crossing, the quiet zone no longer qualifies as such under federal law or the 

commission determines that public safety is otherwise compromised at the crossing. Within 

fifteen days following the quiet zone suspension date described in this division, the commission 

shall hold a hearing in the general vicinity of the quiet zone in question to determine whether the 

quiet zone suspension should be lifted or continued, or whether commission approval of the quiet 

zone should be rescinded and the quiet zone eliminated. 

Ohio Rev. Code Ann. § 4955.44 (West 2021) 

*§ 4955.45 Reports; inspections; safety measures (Quiet Zones) 

(A) Each municipal corporation or township that has established a railroad quiet zone pursuant to 

sections 4955.41 to 4955.47 of the Revised Code shall submit a report to the commission every 

three years after the date of first operation of the zone. The report shall be in such form and 

contain such information as the commission shall prescribe by rule, including, but not limited to, 

information on the number of traffic citations issued at the crossing, roadway traffic counts at the 

crossing, and changes to the crossing and roadway due to construction or improvements. 

(B) Once every three years after the date of first operation of a railroad quiet zone established 

pursuant to section 4955.42 of the Revised Code, the public utilities commission shall inspect 

each public grade crossing in the zone and issue a report documenting the compliance of the 

zone with the commission order issued under that section. The commission also may inspect 

such a crossing at any other time. 

(C) The commission at any time and by order, after notice and opportunity for the filing of 

comments, may require at a public grade crossing in a railroad quiet zone established pursuant to 

section 4955.42 of the Revised Code the implementation and use of such safety measures as it 

considers necessary and appropriate to ensure that safety measures are appropriate and adequate 

for the crossing or to ensure compliance with an order issued under division (C) of that section or 

with the guidelines for the use and operation of those measures as set forth in Appendix (A) of 

65 F. R. 2230 to 2270, including to the extent such guidelines are applicable upon any adoption 

of regulations pursuant to the “Swift Rail Development Act,” Pub. L. No. 103-440, 108 Stat. 

4615, 49 U.S.C. 20153. 

Ohio Rev. Code Ann. § 4955.45 (West 2021) 

*§ 4955.46 Governmental function; liability; funding (Quiet Zones) 

(A) Notwithstanding any other provision of law, the designation, establishment, design, 

construction, implementation, operation, repair, or maintenance of, or the lack of any of the 

preceding for, a public grade crossing included in a railroad quiet zone established pursuant to 

sections 4955.41 to 4955.47 of the Revised Code is a governmental function under section 

2744.01 of the Revised Code. 

(B) Sections 9.85 to 9.87 and Chapter 2743. of the Revised Code specify the liability of this state 

or an officer or employee of this state with respect to a civil action brought for a violation of any 

provision of sections 4955.41 to 4955.47 of the Revised Code or any order issued under those 
339 

sections. As used in this division, “state” has the same meaning as in section 2743.01 of the 

Revised Code, and “officer or employee” has the same meaning as in section 9.85 of the Revised 

Code. 

(C) Nothing in sections 4955.41 to 4955.47 of the Revised Code obligates or requires the 

payment by a railroad of any part of the costs of establishing or maintaining such a railroad quiet 

zone. 

(D) If, prior to the creation of a railroad quiet zone, a railroad is paying any part of the 

maintenance costs of a railroad grade crossing protective device then in existence at a railroad 

grade crossing located within the quiet zone, the railroad shall continue to pay those maintenance 

costs after the approval by the commission of the quiet zone, but the railroad is not required to 

pay any of the additional costs associated with the installation or maintenance of any protective 

device installed thereafter at the railroad grade crossing due to the creation of the quiet zone. 

(E) Except as provided in division (F) of this section, no money appropriated by the general 

assembly to pay the costs of measures taken to increase the safety of the traveling public at a 

public railroad grade crossing shall be diverted from such use after the effective date of this 

section to pay any of the costs associated with the establishment of a railroad quiet zone, 

including money in the grade crossing protection fund created by section 4907.472 of the 

Revised Code. 

(F) State grade crossing safety funds may be used to pay part of the costs of additional safety 

improvements required to establish a railroad quiet zone when the municipal corporation or 

township establishing the quiet zone complies with sections 4955.41 to 4955.47 of the Revised 

Code if either of the following circumstances exist: 

(1) The municipal corporation or township closes a public grade crossing in the same railroad 

corridor as the railroad quiet zone. 

(2) The department of transportation has selected the municipal corporation or township as a 

participant in the grade separation program along the same railroad corridor as the railroad quiet 

zone. 

(G) No political subdivision of the state may use state funds of any kind to assist in the planning, 

construction, development, operation, or maintenance of a railroad quiet zone unless the political 

subdivision acts in accordance with sections 4955.41 to 4955.47 of the Revised Code. 

Ohio Rev. Code Ann. § 4955.46 (West 2021) 

*§ 4955.47 Liability for failure to sound audible warning (Quiet Zones) 

No railroad company and no employee or agent of the company shall be charged, or is liable in 

damages to person or property, for any failure to sound an audible warning by whistle, horn, bell, 

or other audible warning device at a railroad grade crossing to which any of the following apply: 

(A) The crossing is equipped in accordance with division (B)(2) of section 4955.32 of the 

Revised Code. 

(B) The crossing is located in a railroad quiet zone established pursuant to section 4955.42 of the 

Revised Code. 

(C) The crossing is located in a jurisdiction in which such sounding is restricted or prohibited by 

law. 

Ohio Rev. Code Ann. § 4955.47 (West 2021) 

*§ 4999.04 Duties of person in charge of a locomotive 
340 

(A) No person in charge of a locomotive shall fail to bring the locomotive to a full stop at least 

two hundred feet before arriving at a crossing with another track, or proceed through the crossing 

before signaled to do so or before the way is clear. 

(B)(1) Whoever violates this section or fails to comply with division (B)(1) of section 4955.32 of 

the Revised Code is guilty of a misdemeanor of the fourth degree. If the violation or failure to 

comply causes physical harm to any person, whoever violates this section or fails to comply with 

division (B)(1) of section 4955.32 of the Revised Code is guilty of a misdemeanor of the third 

degree. 

(2) With respect to a charge of violating division (B)(1) of this section for a failure to comply 

with division (B)(1) of section 4955.32 of the Revised Code, it is an affirmative defense that an 

alternative audible warning system described in division (B)(2) of that section was activated. 

Ohio Rev. Code Ann. § 4999.04 (West 2021) 

Oklahoma (2) 

§ 126. Bells and whistles 

A bell of at least thirty (30) pounds weight, or a whistle, shall be placed on each locomotive 

engine, and shall be rung or whistled at the distance of at least eighty (80) rods from the place 

where the railroad shall cross any other road or street, under a penalty of Fifty Dollars ($50.00) 

for every neglect, to be paid by the corporation owning the railroad, one-half thereof to go to the 

informer, and the other half to the state, and shall also be liable for all damages which shall be 

sustained by any person by reason of such neglect. 

Okla. Stat. Ann. tit. 66, § 126 (West 2021) 

§ 1253. Failure to ring bell of locomotive 

Every person in charge, as engineer of a locomotive engine, who omits to cause a bell to ring or 

a steam whistle to sound at the distance of at least eighty (80) rods from the place where the 

track crosses, on the same level, any traveled public way, is punishable by a fine not exceeding 

Fifty Dollars ($50.00), or by imprisonment in the county jail not exceeding sixty (60) days. 

Okla. Stat. Ann. tit. 21, § 1253 (West 2021) 

Oregon (1) 

§ 824.208. Regulation of train speed and sounding of warning devices at crossings 

(1) The power to fix and regulate the speed of railway trains and to regulate the sounding of 

railway train warning devices at public railroad-highway crossings is vested exclusively in the 

state. 

(2) Upon petition of any public authority in interest or of any railroad or upon the Department of 

Transportation's own motion, the Department of Transportation shall, after due investigation and 

hearing, unless a hearing is not required under ORS 824.214 enter an order fixing and regulating 

the speed of railway trains or regulating the sounding of railway train warning devices. 

Or. Rev. Stat. Ann. § 824.208 (West 2021) Excerpt from applicable section of statute published. 

Pennsylvania (0) 

No applicable statute related to this topic 
341 

Rhode Island (2) 

§ 39-8-14. Warning bells 

Every railroad corporation shall cause a bell of at least thirty-two pounds (32 lbs.) in weight to be 

placed on each locomotive engine passing upon its road, and the bell shall be rung at a distance 

of at least eighty (80) rods from the place where the railroad crosses any turnpike, highway, or 

public way upon the same grade with the railroad, and shall be kept ringing until the engine has 

crossed the turnpike or road. No car or carriage for the transportation of passengers or freight 

over any railroad in this state shall be propelled across any highway, after the locomotive has 

been detached therefrom, unless a bell is rung or a whistle sounded at the crossing during the 

whole time the train is crossing the highway. 

39 R.I. Gen. Laws Ann. § 39-8-14 (West 2021) 

§ 39-8-15. Failure to erect signs or ring bell 

Every railroad corporation that shall neglect or refuse to comply with the provisions of §§ 39-8-

13 and 39-8-14 shall be fined not exceeding one thousand dollars ($1,000); and the corporation 

shall be liable for all damages sustained by any person by reason of neglect or refusal on the part 

of the corporation. 

39 R.I. Gen. Laws Ann. § 39-8-15 (West 2021) 

South Carolina (1) 

§ 58-15-910. Bell and whistle shall be installed on locomotives and sounded at crossings. 

A bell of at least thirty pounds' weight and a steam or air whistle shall be placed on each 

locomotive engine or interurban car and such bell shall be rung or such whistle sounded by the 

engineer, fireman or motorman at the distance of at least five hundred yards from the place 

where the railroad crosses any public highway, street or traveled place and be kept ringing or 

whistling until the engine or interurban car has crossed such highway, street or traveled place. If 

such engine or car shall be at a standstill within less distance than one hundred rods of such 

crossing such bell shall be rung or such whistle sounded for at least thirty seconds before such 

engine or interurban car shall be moved and shall be kept ringing or sounding until such engine 

or interurban car shall have crossed such public highway or street or traveled place. A gong of 

not less than ten inches in diameter may be placed upon interurban cars in lieu of a bell as herein 

required and shall be sounded as herein provided. 

S.C. Code Ann. § 58-15-910 (2021) 

South Dakota (0) 

No applicable statute related to this topic 

Tennessee (3) 

§ 65-12-108. Accident prevention 

In order to prevent accidents upon railroads, the following precautions shall be observed: 

(1) The officials having jurisdiction over every public road crossed by a railroad shall place at 

each crossing a sign, marked as provided by § 65-11-105. The county legislative body shall 

appropriate money to defray the expenses of the signs. The failure of any engine driver to blow 
342 

the whistle or ring the bell at any public crossing so designated by either the railroad company or 

the public official shall constitute negligence with the effect and all as set forth in § 65-12-109; 

(2) On approaching every crossing so distinguished, the whistle or bell of the locomotive shall be 

sounded at the distance of one fourth ( 1⁄4 ) of a mile from the crossing, and at short intervals until 

the train has passed the crossing; 

(3) Every railroad company shall keep the engineer, fireman, or some other person upon the 

locomotive, always upon the lookout ahead; and when any person, animal, or other obstruction 

appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every 

possible means employed to stop the train and prevent an accident; and 

(4) It is unlawful for any person operating a railroad to use road engines without having them 

equipped with an electric light placed on the rear of the engine, tank, or tender, which light shall 

be a bull's eye lens of not less than four inches (4′′) in diameter with a bulb of not less than sixty 

(60) watts power, so that such road engine can be operated with safety when backing and the 

light so placed shall be burning while any such engine may be used in any backing movement. 

Such lights shall be operated at night; and any person violating any of these provisions shall be 

fined the sum of not less than twenty-five dollars ($25.00), and not more than one hundred 

dollars ($100), for each offense. 

Tenn. Code Ann. § 65-12-108 (West 2021) 

*§ 65-12-109. Negligence 

A violation of § 65-12-108 by any railroad company constitutes negligence per se and in the trial 

of any causes involving § 65-12-108, the burden of proof, the issue of proximate cause, and the 

issue of contributory negligence shall be tried and be applied in the same manner and with the 

same effect as in the trial of other negligence actions under the common law in Tennessee. 

Tenn. Code Ann. § 65-12-109 (West 2021) 

§ 65-12-114. Livestock on tracks 

Whenever livestock appears on the tracks as an obstruction ahead of a railroad train, it shall be 

the duty of the engineer, or the person in charge of the operation of the train, to blow the alarm 

whistle and apply the brakes, in order to prevent, if reasonably possible, the striking of the 

livestock. 

Tenn. Code Ann. § 65-12-114 (West 2021) 

Texas (1) 

*§ 311.054. Railroad Quiet Zone Located Outside Type a General-Law Municipality (Quiet 

Zones) 

(a) This section applies only to a Type A general-law municipality that is an enclave surrounded 

entirely by a municipality with a population of 1.1 million or more. 

(b) The governing body of the general-law municipality may enter into an interlocal contract 

with the surrounding municipality for the establishment of a railroad quiet zone located outside 

the boundaries of the general-law municipality that the governing body determines will benefit 

the general-law municipality. 

(c) A general-law municipality may expend municipal funds and may issue certificates of 

obligation or bonds to pay for expenses associated with a railroad quiet zone under Subsection 
343 

(b), including expenses related to feasibility, engineering, and traffic studies and improvements 

related to the railroad quiet zone. 

Tex. Transp. Code Ann. § 311.054 (West 2021) 

Utah (1) 

*§ 56-1-14. Procedures at grade crossings 

Every locomotive shall be provided with a bell which shall be rung continuously from a point not 

less than 80 rods from any city or town street or public highway grade crossing until such city or 

town street or public highway grade crossing shall be crossed, but, except in towns and at 

terminal points, the sounding of the locomotive whistle or siren at least one-fourth of a mile 

before reaching any such grade crossing shall be deemed equivalent to ringing the bell as 

aforesaid; during the prevalence of fogs, snow and dust storms, the locomotive whistle shall be 

sounded before each street crossing while passing through cities and towns. All locomotives with 

or without trains before crossing the main track at grade of any other railroad must come to a full 

stop at a distance not exceeding 400 feet from the crossing, and must not proceed until the way is 

known to be clear; two blasts of the whistle or two sounds of the siren shall be sounded at the 

moment of starting; provided, that whenever interlocking signal apparatus and derailing switches 

or any other crossing protective device approved by the Department of Transportation is adopted 

such stop shall not be required. 

Provided, that local authorities in their respective jurisdiction may by ordinance approved by the 

Department of Transportation provide more restricted sounding of bells or whistles or sirens than 

is provided herein and may prescribe points different from those herein set forth at which such 

signals shall be given and may further restrict such ringing of bells or sounding of whistles or 

sirens so as to provide for either the ringing of a bell or the sounding of a whistle or of a siren or 

the elimination of the sounding of such bells or whistles or sirens or either of them, except in 

case of emergency. 

The term locomotive as used herein shall mean every self-propelled steam engine, electrically 

propelled interurban car and so-called diesel operated locomotive. 

Every person in charge of a locomotive violating the provisions of this section is guilty of a class 

B misdemeanor, and the railroad company shall be liable for all damages which any person may 

sustain by reason of such violation. 

Utah Code Ann. § 56-1-14 (West 2021) 

Vermont (1) 

§ 3582. Crossings; use of audible warning device 

(a) An audible warning device meeting standards prescribed by the Federal Railroad 

Administration shall be sounded sufficiently in advance of each public highway grade crossing 

to give warning of a train's approach and shall be kept sounding until the train has crossed the 

highway. 

(b) Notwithstanding subsection (a) of this section, the Agency, following the procedures set forth 

in 3 V.S.A. chapter 25, may prohibit the sounding of audible warning devices at public and 

private grade crossings equipped with the following safety features or other safety features of 

similar effect: 

(1) Flashing lights in each direction which are automatically activated by approaching trains. 
344 

(2) Two gates, one on each side of the crossing, both of which are automatically lowered by the 

approaching train and both extended across approximately half the width of the lanes of traffic so 

that the entire width of the lanes of traffic is blocked when the gates are lowered. 

(3) A bell that is automatically activated by the approaching train. 

(4) Overhead street lights. 

(5) Signs posted before the crossing in each direction warning motorists and pedestrians of the 

crossing ahead. 

(6) Posted speed limits for traffic of not more than 40 miles per hour. 

(7) Not more than two lanes of vehicular traffic in each direction at the crossing. 

(c) No prohibition by the Agency under subsection (b) of this section shall become effective until 

the Federal Railroad Administration grants a waiver or exemption under 49 U.S.C. § 20153. The 

Agency shall promptly notify all affected railroads when a waiver or exemption is granted. 

(d) A railroad operating a train over a crossing at which the Agency has prohibited the sounding 

of audible warning devices shall not, on the basis of its omission to sound an audible warning 

device, be liable to any person for death, personal injury, or property damage resulting from use 

of the crossing. 

(e) Nothing in this section shall prohibit a railroad's use of an audible warning device in 

emergency circumstances. 

(f) A municipality in which a crossing is located shall not, on the basis of the railroad's omission 

to sound an audible warning device because of a prohibition by the Agency under subsection (b) 

of this section, incur liability to any person for death, personal injury, or property damage, 

resulting from use of the crossing. 

Vt. Stat. Ann. tit. 5, § 3582 (West 2021) 

Virginia (3) 

§ 56-414. Bell and whistle or horn; when sounded 

Every railroad company shall provide each locomotive passing upon its road with a bell of 

ordinary size and steam whistle or horn, and such whistle or horn shall be sharply sounded 

outside cities and towns at least twice at a distance of not less than 300 yards nor more than 600 

yards from the place where the railroad crosses upon the same level any public highway or 

crossing, and such bell shall be rung or whistle or horn sounded continuously or alternately until 

the locomotive has reached such highway crossing, and shall give such signals in cities and 

towns as their local governing bodies may require. 

The governing body of any county, city, or town may by ordinance require locomotives to sound 

their whistle upon approaching designated railroad trestles or bridges having lengths of 100 feet 

or more. Notice of any such requirement shall be given by registered mail to the registered agent 

of the railroad operating in the affected county, city, or town. Affected railroads shall comply 

with any such ordinance within 30 days of receiving the notice. 

The governing body of any county, city, or town may, by ordinance adopted following a public 

hearing, petition the State Corporation Commission to enter an order, pursuant to the 

Commission's Rules of Practice and Procedure, requiring locomotives to sound their whistle or 

horn at specifically identified private crossings in the same manner as required for public 

crossings. If the Commission should deem the blowing of the locomotive whistle at such private 

crossings to be necessary in the interest of safety under all relevant circumstances, then it shall 

enter an order. The affected railroad shall comply with the order within 90 days of receipt by its 

registered agent of notice sent by registered mail and the locality must first install stop signs on 
345 

both sides of such private crossing, to be paid for by the locality or the landowner. The 

Commission may establish and collect a fee, not to exceed its actual costs, from applicants for an 

order to sound locomotive whistles pursuant to this section. 

Va. Code Ann. § 56-414 (West 2021) 

§ 56-415. Penalty for violation of § 56-414 

Every officer or employee of any railway company, whose duty it shall be to carry out any of the 

provisions of § 56-414 and shall fail to do so, shall be punished by a fine not exceeding ten 

dollars for each offense. 

Va. Code Ann. § 56-415 (West 2021) 

§ 56-416. Effect of failure to give statutory signals 

If the employees in charge of any railroad engine or train fail to give the signals required by law 

on approaching a grade crossing of a public highway not protected with an automatically 

operating gate, operating wigwag signal or other operating electrical or operating automatic 

crossing protection device, the fact that a traveler on such highway failed to exercise due care in 

approaching such crossing shall not bar recovery for an injury to or death of such traveler, nor 

for an injury to or the destruction of property in his charge, where such injury, death, or 

destruction results from a collision on such crossing between such engine or train and such 

traveler or the property in his charge, respectively; but the failure of the traveler to exercise such 

care may be considered in mitigation of damages. 

Va. Code Ann. § 56-416 (West 2021) 

Washington (0) 

No applicable statute related to this topic 

West Virginia (1) 

§ 31-2-8. Warning of approach of train at crossings; crossing railroad tracks 

A bell or steam whistle shall be placed on each locomotive engine, which shall be rung or 

whistled by the engineer or fireman, at a distance of at least sixty rods from the place where the 

railroad crosses any public street or highway, and be kept ringing or whistling for a time 

sufficient to give due notice of the approach of such train before such street or highway is 

reached, and any failure so to do is a misdemeanor punishable by a fine of not exceeding one 

hundred dollars; and the corporation owning or operating the railroad shall be liable to any party 

injured for all damages sustained by reason of such neglect. When the tracks, other than switch 

or sidetracks, of two railroads cross each other, or in any way connect at a common grade, the 

crossing shall be made and kept in repair, and watchmen maintained thereat at the joint expense 

of the companies owning the tracks; all trains or engines passing over such tracks shall come to a 

full stop not nearer than two hundred feet nor farther than eight hundred feet from the crossing 

and shall not cross until signaled so to do by the watchman, nor until the way is clear; and when 

two passenger or freight trains approach the crossing at the same time, the train on the road first 

built shall have precedence if the tracks are both main tracks over which all passengers and 

freights on the roads are transported; but if only one track is such main track, and the other is a 

side or depot track, the train on the main track shall have precedence; and if one of the trains is a 

passenger train and the other a freight train, the former shall take precedence; and regular trains 
346 

on time shall take precedence over trains of the same grade not on time, and engines with cars 

attached not on time shall take precedence over engines without cars not on time: Provided, That 

if such two railroads crossing each other, or in any way connecting at a common grade, by works 

or fixtures to be erected by them render it safe to pass over such crossing without stopping, and 

such works and fixtures first be approved by the public service commission of West Virginia, 

and the plan thereof for such crossing designating the plan of crossing has been filed with said 

commission and approved by it, the provisions of this section relating to railroad crossings shall 

not apply. 

W. Va. Code Ann. § 31-2-8 (West 2021) 

Wisconsin (3) 

§ 192.15. Engine equipment 

(11) Engines shall be equipped with whistles or horns mounted to face the direction in which the 

engine is moving and placed to emit a warning sound at a sound level which accords with 

established practices to warn employees and the public of the engine's approach. 

Wis. Stat. Ann. § 192.15 (West 2021) Excerpt from applicable statute published. 

*§ 192.29. Train bells and crossing signs at street and highway crossings 

(3) Bell to ring, municipal authority. (a) No railroad train or locomotive shall run over any public 

traveled grade crossing within any city or village, except where gates are operated, or a flagman 

is stationed, unless the engine bell shall be rung continuously within 330 feet of the crossing and 

until the crossing is reached. 

(4) Highways; bell. No railroad train or locomotive shall run over any public traveled grade 

highway crossing outside of the limits of municipalities unless the engine bell shall be rung 

continuously from 1,320 feet before the crossing until the crossing is reached. But the office may 

order that the ringing of the bell as required by this subsection shall be omitted at any crossing. 

Wis. Stat. Ann. § 192.29 (West 2021) Excerpt from applicable statute published. 

§ 192.54. General penalty for this chapter 

If any railroad corporation, its officers, agents or servants violate or fail to comply with any 

provision of this chapter the corporation shall, for every violation or failure, unless some other 

penalty is specifically provided, forfeit not less than $10 nor more than $1,000, and be liable to 

the person injured for all damages sustained thereby. 

Wis. Stat. Ann. § 192.54 (West 2021) 

Wyoming (0) 

No applicable statute related to this topic 
347 

Chapter 6: Warning Devices – Active 

Chapter Overview 

This chapter surveys the various state laws 

and regulations concerning active warning 

devices. Not all states have laws or 

regulations covering these devices. For 

purposes of this chapter, the term “active 

warning devices” means those warning 

devices located at highway-rail grade 

crossings that are activated automatically 

upon the approach of a train. 

Alabama (0)

No applicable statute related to this topic 

Alaska (1) 

§ 15.481. Railroad accommodation policy. 

(e) The department will, in its discretion, require railroad crossing signals which indicate the 

approach or presence of trains to be installed at those railroad crossings where there is a need for 

protection beyond that provided by signs. On multiple-lane highways, cantilever-mounted 

signals will, in the discretion of the department, be required. For railroad crossings at highway 

intersections, additional signal-light units may be used to supplement the normal complement of 

lights. At crossings where multiple train movements may occur simultaneously or at crossings in 

congested urban areas, the use of gates will, in the discretion of the department, be required. 

(h) All railroad signs and signals must conform to the requirements of the Alaska Traffic 

Manual, 2005, described in 17 AAC 20.950(1), and adopted by reference, or the special 

provisions of a railroad permit issued under 17 AAC 15.471 relating to vertical clearances of 

signs and signals over highways or other highway-related facilities such as bike paths, pathways, 

and sidewalks. 

Alaska Admin. Code tit. 17, § 15.481 (2021) Excerpt from applicable statute published. 

Arizona (4) 

§ 40-336. Power of commission to require safety devices 

The commission may by order, rule or regulation, require every public service corporation to 

maintain and operate its line, plant, system, equipment, and premises in a manner which will 

promote and safeguard the health and safety of its employees, passengers, customers and the 

public, and may prescribe the installation, use, maintenance and operation of appropriate safety 

or other devices or appliances, including interlocking and other protective devices at grade 

crossings or junctions and block or other systems of signalling, establish uniform or other 

standards of equipment, and require the performance of any other act which health or safety 

requires. 

Ariz. Rev. Stat. Ann. § 40-336 (2021) 

§ 40-337.01. Installation of automatic warning devices; agreements for sharing cost; 

apportionment of cost 

A. The commission may determine, after a public hearing, whether any particular crossing of a 

railroad and a public highway or street is sufficiently hazardous as to require the installation of 
348 

automatic warning signals or devices at such crossing, provided, that a public hearing shall not 

be required if the parties in interest have entered into an agreement for the construction of such 

crossing and for the apportionment between them of the cost of acquiring and installing such 

automatic warning signals or devices and provided further such agreement assesses the cost at 

not to exceed the amounts prescribed in subsection B. 

B. If the commission finds that any crossing requires the installation of automatic warning 

signals or devices, it shall order such installation, and if the parties in interest are unable to agree 

upon the apportionment of the cost of acquisition and installation, then the cost shall be borne as 

follows: 

1. The railroad, fifty per cent. 

2. Where a city street is involved: the city, fifty per cent. 

3. Where a county highway is involved: the county, fifty per cent. 

4. When a state highway is involved: the state highway fund, fifty per cent. 

5. City, county or state highway funds may be used to finance the cost of installation of 

automatic warning signals or devices in amounts greater than those set forth in this subsection, 

provided that federal funds are available for and are actually reimbursed to the city, county or 

state highway to cover the cost of the installation. 

C. When a railroad has installed automatic signals or warning devices pursuant to order of the 

commission, it shall secure reimbursement for that portion of the cost thereof which, in 

accordance with the agreement of the parties in interest or the provisions hereof, is to be borne 

by others, by filing verified claims with the appropriate fiscal officers, and such claims shall be 

approved and paid without reference to or limitation by the provisions of any other law. For the 

purpose of determining the amount of reimbursement to which the railroad is entitled, the 

commission shall retain jurisdiction of the matter and upon completion of the installation of the 

automatic signals and warning devices, shall make a determination as to the cost of installing 

same, including but not limited to, the cost of acquisition and expense of installation. 

Ariz. Rev. Stat. Ann. § 40-337.01 (2021) 

§ 40-337.02. Allocation of funds for automatic warning signals at railway crossings 

A. In each annual budget request prepared by the corporation commission, ten per cent, but not 

more than two hundred thousand dollars, of the total amount approved for the same year by the 

federal highway administration for railroad--highway projects within this state under the 

provisions of the federal highway acts of 1973 and 1976,1 and subsequent acts, shall be set aside 

from the general or any other fund for the installation of automatic warning signals or devices or 

the upgrading of existing warning signals or devices at public railroad grade crossings. Such 

appropriation shall be used exclusively for the ten per cent required under the federal highway 

acts of 1973 and 1976, and subsequent acts, for railroad--highway projects approved for federal 

funding in any year under such acts. 

B. Funds appropriated pursuant to this section shall be available for allocation and expenditure 

without regard to fiscal years. 

C. Funds appropriated pursuant to this section shall be in addition to any funds appropriated for 

the purposes of § 40-337.01. 

D. The corporation commission shall in its request for such funds, provide a full report of 

accomplishments for the previous year and an accounting of all funds not utilized from previous 

appropriations. 

Ariz. Rev. Stat. Ann. § 40-337.02 (2021) 
349 

§ 40-337.03. Determination of location of automatic warning signals 

On or before February 15 of each year, the commission shall submit to the railroad involved and 

the city, county and department of transportation in which jurisdiction a public railroad grade 

crossing is located, an array of such crossings where the installation of automatic warning signals 

or devices should be considered during the year, or within a reasonable time thereafter depending 

upon the availability of monies, materials, labor and other factors involved in such installation. 

Ariz. Rev. Stat. Ann. § 40-337.03 (2021) 

Arkansas (0) 

No applicable statute related to this topic 

California (4) 

§ 768. Requirement of safety devices 

The commission may, after a hearing, require every public utility to construct, maintain, and 

operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to 

promote and safeguard the health and safety of its employees, passengers, customers, and the 

public. The commission may prescribe, among other things, the installation, use, maintenance, 

and operation of appropriate safety or other devices or appliances, including interlocking and 

other protective devices at grade crossings or junctions and block or other systems of signaling. 

The commission may establish uniform or other standards of construction and equipment, and 

require the performance of any other act which the health or safety of its employees, passengers, 

customers, or the public may demand. The Department of the California Highway Patrol shall 

have the primary responsibility for the regulation of the safety of operation of passenger stage 

corporations. The commission shall cooperate with the Department of the California Highway 

Patrol to ensure safe operation of these carriers. 

Cal. Pub. Util. Code § 768 (West 2021) 

§ 1201.1. Standards regarding traffic enforcement at railroad crossings 

The commission, in consultation with the Department of Transportation, shall adopt rules and 

regulations prescribing uniform standards regarding the time after the warning signal begins at a 

railroad crossing at which traffic enforcement shall begin, after public hearings and consultation 

with transit districts or transportation commissions and multicounty rail transit entities 

established under Division 12 (commencing with Section 130000), that provide rail 

transportation. 

Cal. Pub. Util. Code § 1201.1 (West 2021) 

§ 1202.2. Apportioning cost of maintenance of automatic grade-crossing protection 

In apportioning the cost of maintenance of automatic grade-crossing protection constructed or 

altered after October 1, 1965 under Section 1202, as between the railroad or street railroad 

corporations and the public agencies affected, the commission shall divide such maintenance 

cost in the same proportion as the cost of constructing such automatic grade-crossing protection 

is divided. The liability of cities, counties and cities and counties to pay the share of maintenance 

costs assigned to such local agencies by the commission shall be limited to funds set aside for 

allocation to the commission pursuant to Section 1231.1. The railroad or street railroad 

corporations and the public agencies affected may agree on a different division of maintenance 
350 

costs. If the public agency affected agrees to assume a greater proportion of the cost of 

maintenance than the apportionment of the cost of construction, the difference shall be paid by 

the public agency from funds other than the State Highway Fund or any other state fund. 

Cal. Pub. Util. Code § 1202.2 (West 2021) 

§ 1202.7. Re-use of automatic grade-crossing safety signal equipment planned for removal 

Whenever existing automatic grade-crossing safety signal equipment that was installed within 

the previous 10 years is planned for removal due to upgrade or closure projects undertaken 

pursuant to Section 130 of Title 23 of the United States Code, and the commission determines 

that it will meet the same performance criteria and inspection standards as new equipment and 

therefore be safe to use, the signal equipment shall be made available to the following: 

(a) With the consent of the participating railroad, to a state agency designated by the 

commission, for storage and potential use at a railroad crossing currently nominated by the 

commission for funding to eliminate hazards of railway-highway crossings pursuant to Section 

130 of Title 23 of the United States Code. 

(b) To other railroads for use at other railway-highway crossings within the state. 

Cal. Pub. Util. Code § 1202.7 (West 2021) 

Colorado (2) 

*§ 32-1-1004. Metropolitan districts--additional powers and duties 

(1) In addition to the powers specified in section 32-1-1001, the board of any metropolitan 

district has the following powers for and on behalf of such district: 

(b) To erect and maintain, in providing safety protection services, traffic and safety controls and 

devices on streets and highways and at railroad crossings and to enter into agreements with the 

county or counties in which a metropolitan district is situate or with adjoining counties, the 

department of transportation, or railroad companies for the erection of such safety controls and 

devices and for the construction of underpasses or overpasses at railroad crossings; 

(2) A metropolitan district shall provide two or more of the following services: 

(d) Safety protection through traffic and safety controls and devices on streets and highways and 

at railroad crossings; 

Colo. Rev. Stat. Ann. § 32-1-1004 (West 2021) Excerpt from applicable statute published. 

*§ 40-29-116. Highway-rail crossing signalization fund created--annual appropriation 

(1) The highway-rail crossing signalization fund is hereby created in the state treasury, in order 

to promote the public safety and to provide for the payment of the costs of installing, 

reconstructing, and improving automatic and other safety appliance signals or devices at 

crossings at grade of public highways or roads over the tracks of any railroad or street railway 

corporation in this state. None of the moneys in the highway-rail crossing signalization fund 

shall be used to pay any part of the cost of the installation, reconstruction, or improvement of any 

such signals or devices at any crossing when any part of such cost will be paid from moneys 

available under any federal or federal-aid highway act. 

(2) For the 2016-17 fiscal year, the sum of two hundred forty thousand dollars is appropriated 

from the highway users tax fund created in section 43-4-201(1)(a), C.R.S., to the highway-rail 

crossing signalization fund as authorized by section 43-4-201(3)(a)(VI), C.R.S. Pursuant to 

section 40-2-114(1)(a)(II), for the 2017-18 fiscal year and for each fiscal year thereafter, the 
351 

lesser of three percent of the fees collected under section 40-2-113 or an amount of the fees equal 

to two hundred forty thousand dollars plus a cumulative inflation adjustment of two percent for 

each fiscal year beginning with the 2017-18 fiscal year is credited to the highway-rail crossing 

signalization fund. Notwithstanding section 24-36-114(1), C.R.S., any interest earned on the 

deposit and investment of moneys in the highway-rail crossing signalization fund shall remain in 

the fund and shall not be credited or transferred to the general fund or any other fund. Such 

earned interest moneys are hereby continuously appropriated to the public utilities commission 

for use for the purposes of the highway-rail crossing signalization fund. 

Colo. Rev. Stat. Ann. § 40-29-116 (West 2021) Excerpt from applicable statute published. 

Connecticut (2) 

§ 13b-343. Gates, flagmen and signals at grade crossings. Forfeiture. Notice and hearing re 

reactivation of railroad line 

The Commissioner of Transportation, when requested in writing by the selectmen of any town, 

the mayor and common council of any city or the warden and burgesses of any borough to order 

gates, a flagman or electric signals or other signal device to be installed and maintained at any 

railroad crossing where a railroad crosses a public highway at grade within such town, city or 

borough, shall hold a hearing thereon or may, of his own motion, hold such hearing, first giving 

the town, city or borough wherein the crossing is located, and the company operating the 

railroad, reasonable notice thereof. If the commissioner upon such hearing finds that public 

safety requires it, the commissioner shall order such company to install and maintain, at such 

crossing, gates, a flagman or such electric signals or other signal device as may be approved by 

the commissioner, or to do any other act deemed necessary for the protection of the public. The 

commissioner may rescind, alter or amend any such order, whenever the commissioner deems it 

necessary, upon first giving the municipality wherein the crossing is located and the railroad 

company an opportunity to be heard thereon. If any such company fails to comply with any order 

of the commissioner made pursuant to this section, it shall forfeit to the state fifty dollars for 

each day of such failure. The commissioner shall notify state and municipal elected officials of 

affected towns of the reactivation of any railroad line not later than forty-five days from 

notification to the Department of Transportation, by the railroad, of such reactivation. The 

commissioner, or the commissioner's designee, shall determine if a public hearing on the safety 

of rail crossings is required on the reactivated railroad line, provided, if a state or municipal 

official requests a public hearing, the commissioner shall hold a public hearing. Any such 

hearing shall be scheduled not later than ninety days prior to the reactivation of such railroad 

line. Any comments or recommendations on railroad safety that are provided to the public 

hearing officer during the public hearing shall be reviewed and incorporated, as deemed 

appropriate by the commissioner, to address concerns raised at the hearing. 

Conn. Gen. Stat. Ann. § 13b-343 (West 2021) 

§ 13b-344. Signs at grade crossings. Notification of locations of railroad crossings. Local 

police or firemen to direct traffic at crossings with malfunctioning gates or signals 

(a) Each town, city or borough shall place, inspect and maintain warning signs and pavement 

markings consisting of stop lines and advance warning markings on each highway approaching a 

crossing at grade of such highway and the tracks of any railroad within the respective limits of 

such town, city or borough. Such signs shall be furnished by the railroad company crossing such 
352 

highway. Such signs and pavement markings shall conform with the Federal Highway 

Administration's Manual on Uniform Traffic Control Devices and shall be placed in a manner 

that conforms with said manual. If in the case of any such crossing it appears that the placing of 

the signs prescribed by this section is impracticable or unnecessary, the Commissioner of 

Transportation may release such municipality from the obligation of placing and maintaining 

such signs on the highway near such crossing. The Department of Transportation shall annually 

notify in writing the appropriate town, city or borough of the location of all railroad crossings 

within the respective limits of such town, city or borough and the obligations of such town, city 

or borough under the provisions of this subsection. 

(b) Each town, city or borough, upon receipt of a report of a malfunctioning grade crossing gate 

or signal shall dispatch local police or firemen to the crossing who shall, upon consultation with 

the railroad company crossing such highway, either direct traffic across the crossing or to an 

alternate route until such time as the railroad company crossing such highway repairs the gate or 

signal or assumes responsibility for directing traffic. 

Conn. Gen. Stat. Ann. § 13b-344 (West 2021) 

Delaware (0) 

No applicable statute related to this topic 

District of Columbia (1) 

§ 120. RAILROADS AND RAILROAD CROSSINGS 

120.5 If, in the opinion of the Mayor, the volume of pedestrian or vehicular traffic at any 

intersection at grade is sufficient to justify additional safeguards, the intersection shall, if ordered 

by the Mayor, be guarded also by a standard railway cross-arm warning sign, gate, electric bells, 

electric automatic flashing red signal lights, or other appliance, or combination of appliances, to 

be approved by the Mayor. The safeguarding appliances shall be constructed, operated, and 

maintained by and at the cost of the company operating the railway. 

D.C. Mun. Regs. tit. 24, § 120 (2021) Excerpt from applicable statute published. 

Florida (1) 

§ 316.171. Traffic control devices at railroad-highway grade crossings 

Every railroad company operating or leasing any track intersecting a public road at grade and 

upon which railroad trains are operated shall erect traffic control devices that are necessary to 

conform with the requirements of the uniform system of traffic control devices adopted pursuant 

to s. 316.0745. This section does not require the railroad company to erect those devices, such as 

pavement markings and advance warning signs, which are the responsibility of the governmental 

entity having jurisdiction over or maintenance responsibility for the public road. Any change in 

the design of a traffic control device in the uniform system of traffic control devices applies only 

at new installations and at locations where replacements of existing devices are being made. 

Fla. Stat. Ann. § 316.171 (West 2021) 

Georgia (1) 

§ 32-6-200. Installation of protective devices 
353 

(a) Whenever, in the judgment of the department in respect to the state highway system, a county 

in respect to its county road system, or a municipality in respect to its municipal street system, 

such protection is reasonably necessary for the safety of the traveling public, the department or 

the county or the municipality may order the protection of a grade crossing by the installation of 

protective devices. Prompt notice of such order shall be given to the railroad or railroads 

involved; and within 30 days thereafter the representatives of the department, the county, or the 

municipality and of the railroad or railroads involved shall meet and, within 90 days, agree to a 

plan and specifications for the acquisition and installation of protective devices. If an agreement 

is not reached within 90 days, the department, the county, or the municipality may order the 

railroad company or companies involved to proceed with the acquisition and installation of 

protective devices, as indicated in the plan and specifications accompanying its order. However, 

no work leading to the installation of protective devices at a grade crossing on a county or 

municipal public road system shall commence until and unless the plan and specifications for 

such device are approved by the department. It shall be the duty of the railroad or railroads to 

proceed with acquisition and installation of protective devices within 60 days after receipt of an 

order to that effect and to complete such acquisition and installation within six months thereafter. 

(b)(1) The expense of acquiring and installing a protective device shall be shared between: 

(A) The department and the railroad involved, in such portions as may be determined by the 

negotiation procedures set forth in subsection (b) of Code Section 32-6-195, including 

consideration of all pertinent factors included in said subsection to be weighed in determining a 

reasonable division of costs and including the right of the department after a hearing to make the 

determination of the fair and reasonable costs to be shared by the railroad in the event that 

agreement as to such division of costs cannot be reached; and 

(B) The county or municipality and the railroad involved, equally. 

However, if such device shall be required as a result of a new road being constructed over an 

existing railroad, 100 percent of such cost shall be the responsibility of the department, county, 

or municipality involved; and, if such device shall be required as the result of a new railroad, 100 

percent of such cost shall be the responsibility of the railroad. 

(2) As used in this subsection, the term “expense of acquiring and installing a protective device” 

means: 

(A) In the case of a protective device for part of a county road or municipal street system, the 

total cost of such project less the sum of any funds for such project furnished by the federal and 

state governments; and 

(B) In the case of a protective device for part of the state highway system, the total cost of such 

project less any funds furnished by the federal government. 

(3) The railroad or railroads shall maintain all protective devices at its or their own expense; and 

nothing in this subsection shall be construed to impose any public liability on the department or 

any county or municipality in any manner regarding such devices. However, nothing in this 

subsection shall prevent an agreement between the railroad or railroads and an industry or 

industries, which agreement assesses the cost of construction or maintenance of such devices 

against the industry or industries to be served by such track. 

(c) In any case where the protective devices are acquired and installed by agreement or by order 

of the department, a county, or a municipality, a statement of such public agency's share of the 

costs of the project, as determined by such agreement or pursuant to subsection (b) of this Code 

section, shall be submitted by the railroad involved to the public agency involved upon 

completion of the project and upon nonpayment may be collected as provided by law. 
354 

(d)(1) As used in this subsection, the term “active warning devices” means automated control 

gates, lights, and warning bells, used singly or in any combination. 

(2) Each local school district in this state shall survey its established school bus routes annually 

and submit to the Department of Transportation a list identifying each rail crossing that does not 

have active warning devices on an established bus route. Each local school district shall be 

required to submit this information to the department each year by no later than September 1. 

(3) Each local school district shall exercise best efforts to minimize the number of established 

school bus routes that cross rail crossings that do not have active warning devices. 

(4) The department shall use the information about school bus routes as an important factor in 

selecting rail crossings to upgrade with active warning devices. 

Ga. Code Ann. § 32-6-200 (West 2021) 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (2) 

§ 62-304A. Creation of railroad grade crossing protection fund 

In order to promote the public safety at railroad grade crossings and public streets, roads or 

highways and to provide for the payment of all or part of the costs of installing, reconstructing, 

maintaining or improving automatic or other safety appliances, signals or devices at railroad 

grade crossings of public streets, roads or highways over the tracks of any railroad company or 

companies, or to support public education and safety programs which promote awareness of 

public safety at railroad grade crossings of public streets, roads or highways, there is hereby 

created in the dedicated fund in the state treasury a fund to be known as the railroad grade 

crossing protection fund. 

Idaho Code Ann. § 62-304A (West 2021) 

§ 62-304D. Establishing priorities for hazardous railroad locations--Accident reports to be 

filed with Idaho transportation department 

In its administration of the railroad grade crossing protection account, the Idaho transportation 

department shall establish a priority rating for railroad crossings, assigning priority first to the 

most hazardous railroad crossing locations, giving proper weight to traffic volume over such 

crossings by school buses and vehicles transporting dangerous commodities and if the Idaho 

transportation department determines from all of the evidence that public safety does not require 

installation of protective signals or devices at a crossing under consideration, it may refuse to 

order the installation of signals or devices or may defer their installation until more hazardous 

crossings have been protected. Every railroad company shall file with the Idaho transportation 

department a copy of each report of accident which is filed with the Idaho public utilities 

commission pursuant to the provisions of section 61-517, Idaho Code, for the Idaho 

transportation department to consider in making its determination. No part of any report filed 

with the Idaho transportation department as required in this section, or of any record, or a copy 

thereof, of any hearing held under the provisions of this act or of the determination provided for 

in this section and no finding, conclusion or order made by the Idaho transportation department 

in the administration of this act shall be used as evidence in any trial, civil or criminal, arising 

out of an accident at or in the vicinity of any crossing prior to installation of signals or other 
355 

warning devices pursuant to an order of the Idaho transportation department as a result of any 

such investigation or proceeding. 

Idaho Code Ann. § 62-304D (West 2021) 

Illinois (2) 

*§ 5/18c-7401. Safety Requirements for Track, Facilities, and Equipment 

§ 18c-7401. Safety Requirements for Track, Facilities, and Equipment. 

(1) General Requirements. Each rail carrier shall, consistent with rules, orders, and regulations of 

the Federal Railroad Administration, construct, maintain, and operate all of its equipment, track, 

and other property in this State in such a manner as to pose no undue risk to its employees or the 

person or property of any member of the public. 

(2) Adoption of Federal Standards. The track safety standards and accident/incident standards 

promulgated by the Federal Railroad Administration shall be safety standards of the 

Commission. The Commission may, in addition, adopt by reference in its regulations other 

federal railroad safety standards, whether contained in federal statutes or in regulations adopted 

pursuant to such statutes. 

(3) Railroad Crossings. No public road, highway, or street shall hereafter be constructed across 

the track of any rail carrier at grade, nor shall the track of any rail carrier be constructed across a 

public road, highway or street at grade, without having first secured the permission of the 

Commission; provided, that this Section shall not apply to the replacement of lawfully existing 

roads, highways, and tracks. No public pedestrian bridge or subway shall be constructed across 

the track of any rail carrier without having first secured the permission of the Commission. The 

Commission shall have the right to refuse its permission or to grant it upon such terms and 

conditions as it may prescribe. The Commission shall have power to determine and prescribe the 

manner, including the particular point of crossing, and the terms of installation, operation, 

maintenance, use, and protection of each such crossing. 

The Commission shall also have power, after a hearing, to require major alteration of or to 

abolish any crossing, heretofore or hereafter established, when in its opinion, the public safety 

requires such alteration or abolition, and, except in cities, villages, and incorporated towns of 

1,000,000 or more inhabitants, to vacate and close that part of the highway on such crossing 

altered or abolished and cause barricades to be erected across such highway in such manner as to 

prevent the use of such crossing as a highway, when, in the opinion of the Commission, the 

public convenience served by the crossing in question is not such as to justify the further 

retention thereof; or to require a separation of grades, at railroad-highway grade crossings; or to 

require a separation of grades at any proposed crossing where a proposed public highway may 

cross the tracks of any rail carrier or carriers; and to prescribe, after a hearing of the parties, the 

terms upon which such separations shall be made and the proportion in which the expense of the 

alteration or abolition of such crossings or the separation of such grades, having regard to the 

benefits, if any, accruing to the rail carrier or any party in interest, shall be divided between the 

rail carrier or carriers affected, or between such carrier or carriers and the State, county, 

municipality or other public authority in interest. However, a public hearing by the Commission 

to abolish a crossing shall not be required when the public highway authority in interest vacates 

the highway. In such instance the rail carrier, following notification to the Commission and the 

highway authority, shall remove any grade crossing warning devices and the grade crossing 

surface. 
356 

The Commission shall also have power by its order to require the reconstruction, minor 

alteration, minor relocation, or improvement of any crossing (including the necessary highway 

approaches thereto) of any railroad across any highway or public road, pedestrian bridge, or 

pedestrian subway, whether such crossing be at grade or by overhead structure or by subway, 

whenever the Commission finds after a hearing or without a hearing as otherwise provided in 

this paragraph that such reconstruction, alteration, relocation, or improvement is necessary to 

preserve or promote the safety or convenience of the public or of the employees or passengers of 

such rail carrier or carriers. By its original order or supplemental orders in such case, the 

Commission may direct such reconstruction, alteration, relocation, or improvement to be made in 

such manner and upon such terms and conditions as may be reasonable and necessary and may 

apportion the cost of such reconstruction, alteration, relocation, or improvement and the 

subsequent maintenance thereof, having regard to the benefits, if any, accruing to the railroad or 

any party in interest, between the rail carrier or carriers and public utilities affected, or between 

such carrier or carriers and public utilities and the State, county, municipality or other public 

authority in interest. The cost to be so apportioned shall include the cost of changes or alterations 

in the equipment of public utilities affected as well as the cost of the relocation, diversion or 

establishment of any public highway, made necessary by such reconstruction, alteration, 

relocation, or improvement of said crossing. A hearing shall not be required in those instances 

when the Commission enters an order confirming a written stipulation in which the Commission, 

the public highway authority or other public authority in interest, the rail carrier or carriers 

affected, and in instances involving the use of the Grade Crossing Protection Fund, the Illinois 

Department of Transportation, agree on the reconstruction, alteration, relocation, or improvement 

and the subsequent maintenance thereof and the division of costs of such changes of any grade 

crossing (including the necessary highway approaches thereto) of any railroad across any 

highway, pedestrian bridge, or pedestrian subway. 

Every rail carrier operating in the State of Illinois shall construct and maintain every highway 

crossing over its tracks within the State so that the roadway at the intersection shall be as flush 

with the rails as superelevated curves will allow, and, unless otherwise ordered by the 

Commission, shall construct and maintain the approaches thereto at a grade of not more than 5% 

within the right of way for a distance of not less the 6 feet on each side of the centerline of such 

tracks; provided, that the grades at the approaches may be maintained in excess of 5% only when 

authorized by the Commission. 

Every rail carrier operating within this State shall remove from its right of way at all railroadhighway grade crossings within the State, such brush, shrubbery, and trees as is reasonably 

practical for a distance of not less than 500 feet in either direction from each grade crossing. The 

Commission shall have power, upon its own motion, or upon complaint, and after having made 

proper investigation, to require the installation of adequate and appropriate luminous reflective 

warning signs, luminous flashing signals, crossing gates illuminated at night, or other protective 

devices in order to promote and safeguard the health and safety of the public. Luminous flashing 

signal or crossing gate devices installed at grade crossings, which have been approved by the 

Commission, shall be deemed adequate and appropriate. The Commission shall have authority to 

determine the number, type, and location of such signs, signals, gates, or other protective devices 

which, however, shall conform as near as may be with generally recognized national standards, 

and the Commission shall have authority to prescribe the division of the cost of the installation 

and subsequent maintenance of such signs, signals, gates, or other protective devices between the 

rail carrier or carriers, the public highway authority or other public authority in interest, and in 
357 

instances involving the use of the Grade Crossing Protection Fund, the Illinois Department of 

Transportation. Except where train crews provide flagging of the crossing to road users, yield 

signs shall be installed at all highway intersections with every grade crossing in this State that is 

not equipped with automatic warning devices, such as luminous flashing signals or crossing gate 

devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted 

in cooperation with the highway authority and the Illinois Department of Transportation has 

determined that a stop sign is warranted. If the Commission has ordered the installation of 

luminous flashing signal or crossing gate devices at a grade crossing not equipped with active 

warning devices, the Commission shall order the installation of temporary stop signs at the 

highway intersection with the grade crossing unless an engineering study has determined that a 

stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the 

installation of other appropriate supplemental signing as determined by an engineering study. 

The temporary signs shall remain in place until the luminous flashing signal or crossing gate 

devices have been installed. The rail carrier is responsible for the installation and subsequent 

maintenance of any required signs. The permanent signs shall be in place by July 1, 2011. 

No railroad may change or modify the warning device system at a railroad-highway grade 

crossing, including warning systems interconnected with highway traffic control signals, without 

having first received the approval of the Commission. The Commission shall have the further 

power, upon application, upon its own motion, or upon complaint and after having made proper 

investigation, to require the interconnection of grade crossing warning devices with traffic 

control signals at highway intersections located at or near railroad crossings within the distances 

described by the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 

11-301 of this Code. In addition, State and local authorities may not install, remove, modernize, 

or otherwise modify traffic control signals at a highway intersection that is interconnected or 

proposed to be interconnected with grade crossing warning devices when the change affects the 

number, type, or location of traffic control devices on the track approach leg or legs of the 

intersection or the timing of the railroad preemption sequence of operation until the Commission 

has approved the installation, removal, modernization, or modification. Commission approval 

shall be limited to consideration of issues directly affecting the public safety at the railroadhighway grade crossing. The electrical circuit devices, alternate warning devices, and preemption 

sequences shall conform as nearly as possible, considering the particular characteristics of the 

crossing and intersection area, to the State manual adopted by the Illinois Department of 

Transportation pursuant to Section 11-301 of this Code and such federal standards as are made 

applicable by subsection (2) of this Section. In order to carry out this authority, the Commission 

shall have the authority to determine the number, type, and location of traffic control devices on 

the track approach leg or legs of the intersection and the timing of the railroad preemption 

sequence of operation. The Commission shall prescribe the division of costs for installation and 

maintenance of all devices required by this paragraph between the railroad or railroads and the 

highway authority in interest and in instances involving the use of the Grade Crossing Protection 

Fund or a State highway, the Illinois Department of Transportation. 

Any person who unlawfully or maliciously removes, throws down, damages or defaces any sign, 

signal, gate, or other protective device, located at or near any public grade crossing, shall be 

guilty of a petty offense and fined not less than $50 nor more than $200 for each offense. In 

addition to fines levied under the provisions of this Section a person adjudged guilty hereunder 

may also be directed to make restitution for the costs of repair or replacement, or both, 

necessitated by his misconduct. 
358 

It is the public policy of the State of Illinois to enhance public safety by establishing safe grade 

crossings. In order to implement this policy, the Illinois Commerce Commission is directed to 

conduct public hearings and to adopt specific criteria by July 1, 1994, that shall be adhered to by 

the Illinois Commerce Commission in determining if a grade crossing should be opened or 

abolished. The following factors shall be considered by the Illinois Commerce Commission in 

developing the specific criteria for opening and abolishing grade crossings: 

(a) timetable speed of passenger trains; 

(b) distance to an alternate crossing; 

(c) accident history for the last 5 years; 

(d) number of vehicular traffic and posted speed limits; 

(e) number of freight trains and their timetable speeds; 

(f) the type of warning device present at the grade crossing; 

(g) alignments of the roadway and railroad, and the angle of intersection of those alignments; 

(h) use of the grade crossing by trucks carrying hazardous materials, vehicles carrying 

passengers for hire, and school buses; and 

(i) use of the grade crossing by emergency vehicles. 

The Illinois Commerce Commission, upon petition to open or abolish a grade crossing, shall 

enter an order opening or abolishing the crossing if it meets the specific criteria adopted by the 

Commission. 

Except as otherwise provided in this subsection (3), in no instance shall a grade crossing be 

permanently closed without public hearing first being held and notice of such hearing being 

published in an area newspaper of local general circulation. 

625 Ill. Comp. Stat. Ann. 5/18c-7401 (West 2021) Excerpt from applicable statute published. 

§ 5/18c-7402.1. Pilot projects; automated audible warning devices 

§ 18c-7402.1. Pilot projects; automated audible warning devices. 

(a) The General Assembly finds and declares that, for the communities of the State that are 

traversed by railroads, there is a growing need to mitigate train horn noise without compromising 

the safety of the public. Therefore, after applications are filed and approved by the Commission, 

the Commission shall authorize pilot projects in the counties of Cook, DuPage, Lake, and Will to 

test the utility and safety of stationary automated audible warning devices as an alternative to 

trains having to sound their horns as they approach highway-rail crossings. 

(b) In light of the pending proposed ruling by the Federal Railroad Administration on the use of 

locomotive horns at all highway-rail crossings across the nation, it is in the best interest of the 

State for the Commission to expedite the pilot projects in order to contribute data to the federal 

rulemaking process regarding the possible inclusion of stationary automated warning devices in 

the counties of Cook, DuPage, Lake, and Will as a safety measure option to the proposed federal 

rule. 

(c) The Commission shall adopt rules for implementing the pilot projects in the counties of 

Cook, DuPage, Lake, and Will. 

625 Ill. Comp. Stat. Ann. 5/18c-7402.1 (West 2021) 

Indiana (5) 

*§ 8-3-1-21.1 Abandonment of railroad right-of-way; notices; removal of crossing control 

devices; failure to comply; cost; recreational use 
359 

Sec. 21.1. (a) Upon receiving notice of intent to abandon railroad rights-of-way from any 

railroad company, the department shall, upon receipt, notify: 

(1) the county executives, county surveyors, and cities and towns of the counties affected; 

(2) the Indiana economic development corporation; 

(3) the office of tourism development (before July 1, 2020) or the Indiana destination 

development corporation (after June 30, 2020); and 

(4) the department of natural resources; 

of the notice. 

(b) Within one (1) year of a final decision of the Interstate Commerce Commission permitting an 

abandonment of a railroad right-of-way, the railroad shall remove any crossing control device, 

railroad insignia, and rails on that part of the right-of-way that serves as a public highway and 

reconstruct that part of the highway so that it conforms to the standards of the contiguous 

roadway. The Indiana department of transportation or the county, city, or town department of 

highways having jurisdiction over the highway may restore the crossing if the unit: 

(1) adopts construction specifications for the project; and 

(2) enters into an agreement with the railroad concerning the project. 

The cost of removing any crossing control device, railroad insignia, rails, or ties under this 

subsection must be paid by the railroad. The cost of reconstructing the highway surface on the 

right-of-way must be paid by the Indiana department of transportation or the county, city, or 

town department of highways having jurisdiction over the crossing. 

(c) If a railroad fails to comply with subsection (b), the Indiana department of transportation or 

the county, city, or town department of highways having jurisdiction over the crossing may 

proceed with the removal and reconstruction work. The cost of the removal and reconstruction 

shall be documented by the agency performing the work and charged to the railroad. Work by 

the agency may not proceed until at least sixty (60) days after the railroad is notified in writing of 

the agency's intention to undertake the work. 

(d) This section does not apply to an abandoned railroad right-of-way on which service is to be 

reinstated or continued. 

(e) As used in this section, “crossing control device” means any traffic control device installed 

by the railroad and described in the National Railroad Association's manual, Train Operations, 

Control and Signals Committee, Railroad-Highway Grade-Crossing Protection, Bulletin No. 7, 

as an appropriate traffic control device. 

(f) Costs not paid by a railroad under subsection (b) may be added to the railroad's property tax 

statement of current and delinquent taxes and special assessments under IC 6-1.1-22-8.1. 

(g) Whenever the Indiana department of transportation notifies the department of natural 

resources that a railroad intends to abandon a railroad right-of-way under this section, the 

department of natural resources shall make a study of the feasibility of converting the right-ofway for recreational purposes. The study must be completed within ninety (90) days after 

receiving the notice from the Indiana department of transportation. If the department of natural 

resources finds that recreational use is feasible, the department of natural resources shall urge the 

appropriate state and local authorities to acquire the right-of-way for recreational purposes. 

Ind. Code Ann. § 8-3-1-21.1 (West 2021) 

§ 8-6-7-1 Petition for installation; hearings 

Sec. 1. The Indiana department of transportation shall, upon proper petition by: 

(1) five (5) or more citizens of this state; or 
360 

(2) a board of county commissioners; 

conduct a hearing to declare as dangerous or extra hazardous any grade crossing in this state that 

the department finds to be of such a character as that the safety of the users of the highway 

requires the installation of automatic train-activated warning signals or other crossing safety 

devices. The petition, hearing, and all proceedings must conform with IC 4-21.5. 

Ind. Code Ann. § 8-6-7-1 (West 2021) 

§ 8-6-7.7-2 Automatic train-activated warning signal 

Sec. 2. The Indiana department of transportation, in authorizing the construction of any new 

grade crossing under IC 8-6-1-7 and section 3.4 of this chapter, may order the installation of 

automatic train-activated warning signals at the crossing. The department may order the 

installation, replacement, relocation, modernization, or improvement of automatic train-activated 

warning signals at any grade crossing in the state in existence at the time the department issues 

such an order. The authority of the department to require the installation of the signals is 

exclusive and supersedes the power of any other state or local governmental agency. 

Ind. Code Ann. § 8-6-7.7-2 (West 2021) 

§ 8-6-7.7-4 Warning signals; costs; installation; time; civil penalties 

Sec. 4. (a) The Indiana department of transportation, whenever it orders the construction, 

installation, replacement, relocation, modernization, or improvement of automatic train-activated 

warning signals, may prescribe the division of the costs of the equipment, the installation of the 

equipment, the construction, and the operation and maintenance of the equipment between the 

railroad and the public. The share of the costs allocated to the public shall be paid with funds 

appropriated to the department for such purpose. In allotting the costs, IC 8-23-5-2 applies 

except as provided in subsections (b) through (c). 

(b) Whenever a grade crossing not protected by automatic warning signals is ordered so 

protected, the department shall prescribe the division of the cost of the equipment, its 

installation, its operation and maintenance, and its construction between the railroad involved 

and the public, giving due regard to the net benefits received by the parties, and the causes 

creating the need for signals at the crossing. 

(c) The physical work of constructing, installing, replacing, relocating, modernizing, or 

improving, and thereafter operating and maintaining automatic warning signals under order of 

the department shall be performed by the railroad involved. All orders of the department relating 

to the signals shall provide for allocation among the parties involved for the extraordinary costs 

of signal repair or replacement if they are damaged or destroyed by accident or external causes. 

(d) When the department orders the railroad to proceed with the construction, installation, 

relocation, modernization, or replacement of automatic signals at a grade crossing, the 

department shall order the railroad involved to complete the construction, installation, relocation, 

modernization, or replacement of signals not later than twelve (12) months after the date of the 

order. 

(e) A railroad may request the department for additional time to complete the construction, 

installation, relocation, modernization, or replacement of signals specified in the department's 

order under subsection (d). The railroad shall submit the request for additional time in writing to 

the department. The request shall specifically set forth the basis for the railroad's need for 

additional time to complete the work. The department's decision to grant or deny a request for 

additional time is not subject to review under IC 4-21.5. 
361 

(f) If the railroad fails to complete the construction, installation, relocation, modernization, or 

replacement of signals by the date specified: 

(1) in the department's order under subsection (d); or 

(2) by the department if a request for additional time is granted by the department under 

subsection (e); 

the department may assess a civil penalty against the railroad of not more than one thousand 

dollars ($1000) for each day the construction, installation, relocation, modernization, or 

replacement of signals is late. 

(g) All civil penalties collected under this section shall be deposited with the treasurer of state to 

be deposited by the treasurer of state in the railroad grade crossing fund created under IC 8-6-

7.7-6.1. 

Ind. Code Ann. § 8-6-7.7-4 (West 2021) 

§ 8-6-7.7-5 Orders and procedures of department; federal funds; contracts for work 

Sec. 5. (a) Orders of the Indiana department of transportation relating to automatic trainactivated warning signals and to the closing of grade crossings may be issued: 

(1) on the department's own initiative; 

(2) upon petition of a governing body or authorized official administering a public highway or 

street; or 

(3) upon petition of a person or entity operating a railroad. 

All procedures shall be prescribed by rules established by the department, which must give 

regard to the requirements of notice and opportunity to be heard. 

(b) Whenever any grade crossing is under consideration by the department for the installation of 

automatic warning signals, the department shall, in cooperation with other governmental 

agencies of the state, determine if the installation of signals can be made with the use of federal 

aid funds. If funds are available, the department's order may provide for the use of the funds and 

for all necessary compliance with applicable federal statutes and regulations. 

(c) The authority vested in the department to order the installation, replacement, relocation, 

modernization, or improvement of automatic warning signals and the closing of grade crossings 

does not preclude the signal work or closing being performed by contract between a railroad and 

the governmental agency controlling the public way. If a mutually agreed upon contract for 

action has been made, no petition to the department is required, and if a contract is agreed upon 

after the department has assumed jurisdiction, the department may dismiss the proceeding upon 

the motion of a party. 

(d) For the purpose of expediting railroad grade crossing protection projects that require the 

obligation of local funds to supplement federal aid funds available for railroad grade crossing 

protection, the department may make loans or grants to local units from the railroad grade 

crossing fund created under section 6.1 of this chapter to provide the money necessary to 

supplement those federal aid funds. The loans or grants shall be made under terms and conditions 

established by the department under rules adopted under IC 4-22-2. A local unit may contract 

with a railroad concerning payment of the money necessary to supplement federal aid funds upon 

terms and conditions as they may agree. 

Ind. Code Ann. § 8-6-7.7-5 (West 2021) 

Iowa (3) 
362 

*§ 307.26. Administration of modal programs and activities 

The department's administrator responsible for modal programs and activities shall: 

7. Advise and assist the director in the conduct of research on railroad-highway grade crossings 

and encourage and develop a safety program in order to reduce injuries or fatalities including but 

not limited to the following: 

a. The establishment of standards for warning devices for particularly hazardous crossings or for 

classes of crossings on highways, which standards shall be designed to reduce injuries, fatalities, 

and property damage. Such standards shall regulate the use of warning devices and signs, which 

shall be in addition to the requirements of section 327G.2. Implementation of such standards 

shall be the responsibility of the government agency or department or political subdivision 

having jurisdiction and control of the highway and such implementation shall be deemed 

adequate for the purposes of railroad grade crossing protection. The department, or the political 

subdivision having jurisdiction, may direct the installation of temporary protection while 

awaiting installation of permanent protection. A railroad crossing shall not be found to be 

particularly hazardous for any purpose unless the department has determined it to be particularly 

hazardous. 

b. The development and adoption of classifications of crossings on public highways based upon 

their characteristics, conditions, and hazards, and standards for warning devices, signals, and 

signs of each crossing classification. The department shall recommend a schedule for 

implementation of the standards to the government agency, department, or political subdivision 

having jurisdiction of the highway and shall provide an annual report to the general assembly on 

the development and adoption of classifications and standards under this paragraph and their 

implementation, including information about financing installation of warning devices, signals, 

and signs. The department shall not be liable for the development or adoption of the 

classifications or standards. A government agency, department, or political subdivision shall not 

be liable for failure to implement the standards. A crossing warning or improvement installed or 

maintained pursuant to standards adopted by the department under this paragraph shall be 

deemed an adequate and appropriate warning for the crossing. 

Iowa Code Ann. § 307.26 (West 2021) Excerpt from applicable statute published. 

§ 327G.15. Railway and highway crossing at grade 

1. Wherever a railway track crosses or shall hereafter cross a highway, street or alley, the railway 

corporation owning such track and the department, in the case of primary highways, the board of 

supervisors of the county in which such crossing is located, in the case of secondary roads, or the 

council of the city, in the case of streets and alleys located within a city, may agree upon the 

location, manner, vacation, physical structure, characteristics and maintenance of the crossing 

and flasher lights or gate arm signals at the crossing and allocation of costs thereof. The 

department shall become a party to the agreement if grade crossing safety funds are to be used. 

Up to seventy-five percent of the maintenance cost of flasher lights or gate arm signals at the 

crossing and an unlimited portion of the cost of installing flasher lights or gate arm signals at the 

crossing may be paid from the grade crossing safety fund. 

2. Notwithstanding other provisions of this section, maintenance of flasher lights or gate signals 

installed or ordered to be installed before July 1, 1973, shall be assumed wholly by the railroad 

corporation. 

3. a. Payments from the grade crossing safety fund shall be made by the treasurer of state upon 

certification by the department that the terms of the agreement have been followed. 
363 

b. The department shall promulgate rules according to chapter 17A for processing claims to the 

grade crossing safety funds. 

4. The provisions of this section shall not apply to the repair of the grade crossing surface. 

Iowa Code Ann. § 327G.15 (West 2021) 

§ 327G.16. Disagreement--application--notice 

If the persons specified in section 327G.15 cannot reach an agreement, either party may make 

written application to the department requesting resolution of the disagreement. The department 

shall request the department of inspections and appeals to set a date for hearing. The department 

of inspections and appeals shall give ten days' written notice of the hearing date. 

Iowa Code Ann. § 327G.16 (West 2021) 

Kansas (1) 

§ 68-414. Improvement of railroad crossings on state highway system; division of cost; 

safety devices or signals 

When the secretary of transportation deems it advisable, said railroad company may be required 

by order of the secretary, to install and maintain suitable safety devices or warning signals at 

dangerous or obscure crossings to indicate the approach of trains. 

Kan. Stat. Ann. § 68-414 (West 2021) Excerpt from applicable statute published. 

Kentucky (3) 

§ 189.561 Investigation of certain public grade crossings not equipped with gates; results; 

costs 

(1) The cabinet shall investigate any public grade crossing not equipped with gates, with an 

average daily traffic of four thousand (4,000) or more, at which two (2) or more accidents 

involving a train and a vehicle traversing the crossing of a railroad and a highway have occurred 

in a consecutive five (5) year period, beginning January 1, 1986. The cabinet shall not consider 

nonfatal accidents caused by mechanical failure of the motor vehicle; accidents in which the 

operator of the highway motor vehicle was in violation of the provisions of KRS Chapter 189A; 

or other nonwarning signal related cause as set forth by the cabinet in an administrative 

regulation. If the cabinet installed active warning devices under its normal crossing safety 

improvement program since January 1, 1986, the five (5) year period for the determination of 

accidents shall begin at the time of this installation. The cabinet shall request written comments 

from the affected local government prior to reaching a decision on a particular crossing. After 

receiving a report from the affected local government supporting the installation of gates, the 

cabinet, utilizing matching funds available from the Federal Highway Administration's 

rail/highway grade crossing safety program, shall program the installation of gates at the 

crossing. Locations which do not receive a favorable report from the affected local government 

shall be reconsidered at the time of the next update of the five (5) year accident period. 

(2) The cost of installing gates shall be the responsibility of the cabinet and railroad in 

accordance with KRS 277.065 and shall not be charged to any unit of local government. 

Ky. Rev. Stat. Ann. § 189.561 (West 2021) 

§ 189.562 Duty of railroad company when warning device incorrectly remains activated 
364 

If a warning device at a grade crossing is activated, for a period of thirty (30) minutes or more, in 

the absence of an approaching train, due to track maintenance or train movements in the vicinity, 

and the railroad company responsible is unable to disengage the warning device, then the 

company shall position a flagman at the affected intersection. 

Ky. Rev. Stat. Ann. § 189.562 (West 2021) 

§ 277.170 Flagman or gate at crossing of railroad with highway 

If the Kentucky Transportation Cabinet determines it is in the public interest for a gate to be 

erected or maintained or a flagman stationed at any highway crossing within one mile of the 

corporate limits of any city, the cabinet shall give the superintendent or manager of the railroad 

written notice that a gate or flagman is required. If a gate is required, the notice shall prescribe 

the time within which the gate shall be erected, the character of gate required, and shall designate 

the hours during which a man shall be kept in charge of the gate. If a flagman is required, the 

notice shall designate the hours during which he shall be kept at the crossing. The railroad 

company shall comply with the provisions of the notice. The cabinet may authorize the 

discontinuance of the gate or flagman whenever, in its judgment, the public interest no longer 

requires it. 

Ky. Rev. Stat. Ann. § 277.170 (West 2021) 

Louisiana (3) 

§ 169. Cross buck, stop and warning signs, traffic control devices 

A. Any person, firm, or corporation controlling any railroad track which intersects a public road 

or street at grade crossings, except those contained in the maintenance system of the department, 

shall erect and maintain a “Railroad Cross Buck” sign at the crossings above referred to which 

shall be white with the “Railroad Crossing” in black letters. The sign shall be reflectorized. If 

there are two or more tracks, same shall be indicated on an auxiliary sign of inverted “T” shape 

mounted below the cross buck. This sign shall be erected on the right hand side of the roadway 

of such approach to the crossing not more than fifty feet nor less than fifteen feet from the 

nearest rail and not less than six feet or more than twelve feet from the edge of the roadway. The 

sign shall be ten feet above the level of the highway and said sign shall be constructed in 

accordance with the standards of the department. 

B. The person, firm, or corporation controlling any railroad track hereinabove referred to may, 

with written approval of the chief engineer of the department or his designated representative, 

erect stop signs at any grade crossings of railroads on highways not contained in the state 

maintenance system. Said signs shall be octagonal in shape, shall have a red background, and 

carry the word “stop” in white letters all in accordance with the standards of the department. Said 

signs shall be located not less than fifteen feet nor more than fifty feet from the nearest rail and 

shall be erected on the right hand side of the highway of each approach to the crossing and not 

less than six feet nor more than twelve feet from the edge of the roadway. Where “stop” signs are 

erected the said railroad shall also erect and maintain a railroad advance warning sign on the 

right side of the road not less than one hundred feet nor more than three hundred feet from the 

nearest rail of said crossing measured along the highway, said sign shall be a yellow disk thirtysix inches in diameter carrying a ninety degree cross buck x and the letters R.R. in black in 

accordance with the standards of the department. When such signs are erected, the driver of any 

vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such 
365 

railroad and shall proceed only upon the exercising of due care and being sure that it is safe to 

proceed. 

C. All cross buck and warning signs provided for herein shall be installed by the person, firm or 

corporation controlling the railroad as the present signs are replaced. 

D. Subsections A and B of this Section do not apply to grade crossings of any roadway which is 

contained in the state maintained highway system. 

E. (1) A railroad company shall install a traffic control device or devices at a public railroad 

grade crossing pursuant to an agreement with the Department of Transportation and 

Development. Whenever the department determines that a particular traffic control device needs 

to be installed at a public highway railroad grade crossing, the railroad company shall cooperate 

with the department in the installation of such device or devices. In the case of a federally funded 

grade crossing project, the railroad company shall enter into an agreement with the department 

for the installation or upgrade of such traffic control device. A railroad company shall not be 

required to provide the non-federal share of costs involved in federally funded grade crossing 

improvement projects. 

(2)(a) The Department of Transportation and Development, in cooperation with each parish 

superintendent of transportation, shall identify all public highway railroad grade crossings 

located on state highways within one-half mile of any public or private elementary or secondary 

school. The department shall further identify such grade crossings that have active warning 

devices in place, whether such active warning devices include lights only or lights and crossarms, and also identify the grade crossings that are scheduled to have active warning devices 

installed, and the grade crossings that do not have active warning devices in place. 

(b) The survey shall be completed no later than February 1, 2003. A report of the survey shall be 

submitted to the Senate Committee on Transportation, Highways and Public Works and the 

House Committee on Transportation, Highways and Public Works no later than March 1, 2003. 

Beginning in 2004, the department shall file an annual report with the committees no later than 

March first of each year. The report shall contain but not be limited to the following information: 

the number of grade crossings located within one-half mile of any public or private elementary 

or secondary school; the number of affected grade crossings that have active warning devices in 

place; whether such active warning devices include lights only or lights and cross-arms; the 

number of affected grade crossings scheduled to have active warning devices installed; the 

expected dates of installation of active warning devices for those affected grade crossings; and 

the number of affected grade crossings that do not have active warning devices in place. 

(c) After all grade crossings located within one-half mile of any public or private elementary or 

secondary school have been identified and the initial report has been filed, the department shall 

prioritize the affected grade crossings according to standards of the industry as set forth in the 

Railroad Grade Crossing Handbook. The department is authorized to use at least twenty-five 

percent of all federal or state funds available to the department for grade crossing upgrades to 

upgrade such affected grade crossings, each year, until all such affected grade crossings have 

been upgraded with active warning devices, including lights and cross-arms provided that such 

use complies with all other state and federal laws and regulations. 

(3) A railroad company may install a traffic control device or make other improvements or 

modifications at a railroad grade crossing at its own expense under the following conditions: 

(a) When such crossing upgrade, improvement, or modification will improve the safety of the 

traveling public, train crew members, or train passengers. 
366 

(b) When such crossing upgrade, improvement, or modification is needed due to the presence of 

hazardous conditions or certain operation factors or a combination of both. 

(c) When such crossing upgrade, improvement, or modification is incidental to a railroad 

improvement project relating to track structures or train control systems. 

(4) Any upgrade, improvement, or modification performed by a railroad company under the 

provisions of this Subsection shall comply with all conditions and requirements in the Manual on 

Uniform Traffic Control Devices. 

F. Nothing in this Section shall relieve a railroad company of its responsibility to maintain safe 

crossings. 

G. In any civil action to recover damages arising from or out of a railroad grade crossing 

accident, the survey and initial or annual reports of railroad grade crossings prepared pursuant to 

Subsection (E) of this Section shall not be considered as comparative negligence and shall not be 

discoverable or admissible as evidence in any civil trial. 

La. Stat. Ann. § 32:169 (2021) 

§ 386. Repairs to railway grade crossings and crossing warning devices; responsibility on 

railroads 

A. Whenever a highway crosses a railroad track at grade, and the grade crossing needs repair and 

should, in the judgment of the chief engineer or his duly authorized representative, be repaired, 

and if, after fifteen days' notice in writing, the railroad company whose tracks are crossed 

thereby fails to repair it, the department may make the repairs and maintain the crossing and 

charge the expenses thereof to the railroad company. 

B. Whenever a warning device located at a railroad crossing needs repair or is not being 

maintained in compliance with federal guidelines and should, in the judgment of the chief 

engineer or his duly authorized representative, be repaired or receive maintenance, written notice 

of the necessity of such repair or maintenance shall be given to the railroad company owning the 

track at which the device is located. If the railroad does not proceed with the repair or 

maintenance within thirty days after receipt of the notice, the department may initiate the 

performance of the repair or maintenance of the warning device and charge the expenses thereof 

to the railroad company. 

La. Stat. Ann. § 48:386 (2021) 

§ 387. Contributions by the Department of Transportation and Development to the 

maintenance of flashing light signals at railroad crossings; conditions 

The Department of Transportation and Development may, to the extent that the legislature 

appropriates funds therefor, make payments to railroads, whose railroad grade crossings across 

state highways are or shall hereafter be marked by the installation of flashing light signals, for 

not more than one-half the cost of maintenance of such flashing light signals during the fiscal 

year for which the funds are appropriated. 

La. Stat. Ann. § 48:387 (2021) 

Maine (1) 

§ 7221. Automatic signals; expense; definition 

The department may require each railroad company operating within this State to install, operate 

and maintain an automatic signal, gates or other protective device or to require a flagger to be 
367 

stationed at any highway crossing within this State where, after reasonable notice and hearing, 

the department decides that public safety requires a signal, gates or other protective device or 

flagger as a proper measure of protection. Notice and hearing are not required for automatic 

grade crossing protection funded and installed under the federal program. The expense of 

installing, operating and maintaining any signal, gates or other protective device or of providing 

the flagger must be borne by the corporation operating the railroad passing over the crossing to 

be protected, except that at crossings located on state and state aid highways the expense of 

installing the signal, gates or other protective device must be apportioned between the 

corporation and the State in proportions as the department determines. Wherever the term 

“signal” or “automatic signal” is used in this chapter, it is construed to be an appliance that gives 

warning of the approach of a train and that is either audible and visible by day and by night, or 

audible or visible as determined by the department. 

Me. Rev. Stat. Ann. tit. 23, § 7221 (2021) 

Maryland (1) 

§ 9-312. Reflectors on safety gates at highway crossings 

Reflectors required on safety gates 

(a) Each safety gate at a grade crossing in the State shall have reflectors of sufficient size to 

ensure visibility at night. 

Regulations 

(b) The Secretary of Transportation shall adopt regulations to carry out this section. 

Fines and penalties 

(c) A railroad company that does not comply with an order of the Secretary of Transportation to 

provide or maintain reflectors under this section is subject to a fine of $100 per day for each day 

that the company is not in compliance. 

Md. Code Ann., Pub. Util. § 9-312 (West 2021) 

Massachusetts (6) 

§ 136. Grade crossings; rules and regulations 

The department shall make general regulations for all such crossings or special regulations for 

such particular crossings as it may designate, and in such detail as it may consider expedient; and 

the supreme judicial court may issue any processes necessary to secure the enforcement of such 

regulations, or, upon the petition of the department, may enjoin the running of trains on a 

railroad upon which any regulation relative to such crossing is not exactly observed. The 

approval of the department shall be required for a system of signals to be established and 

maintained in concert by corporations operating railroads which cross each other; but no such 

regulation or system of signals shall exempt a railroad upon or across which passenger trains are 

run from the requirements of the preceding section, unless a system of interlocking or automatic 

signals, approved in writing by the department, is adopted by both corporations. 

Mass. Gen. Laws Ann. ch. 160, § 136 (West 2021) 

§ 137. Grade crossings; interlocking signals 

The department may, on the application of a railroad corporation whose railroad crosses another 

railroad at the same level, after notice to the parties and a hearing, authorize the applicant at its 

own expense, to establish and maintain a system of interlocking or automatic signals at any 
368 

crossing of said railroad, and to erect and maintain the necessary wires, rods, signal posts and 

signals, in such manner as the department shall prescribe. Such corporation, after the system has 

been established and approved in writing by the department, shall be exempt as to such crossing 

from the requirements of section one hundred and thirty-five so long as the department continues 

its approval. Upon payment to such corporation by the corporation owning or operating the other 

railroad at such crossing of so much of the cost of establishing such system of signals as, upon 

petition of the latter corporation and a hearing, is awarded by the department, both railroad 

corporations shall, as to that crossing, be exempted from the requirements of said section. Until 

such payment the latter corporation shall semi-annually contribute toward the expense of 

operating said signals an amount equal to the cost to it of operating the signals used by it at said 

crossing before the establishment of the signals herein provided for. After the payment of such 

award, the expense of maintaining and operating such system of signals shall be borne by the 

two railroad corporations according to the proportions fixed by the award for paying the original 

cost of the signals. So much of the award as relates to the cost of maintaining and operating said 

signals may, at the request of either party, be revised at the expiration of five years from the 

original award or from any revision thereof. 

Mass. Gen. Laws Ann. ch. 160, § 137 (West 2021) 

§ 138A. Warning devices at crossings 

A railroad corporation whose railroad is crossed by a public way at the same grade shall, at its 

own expense, install at any such grade crossing designated by the department and used by 

through passenger trains or cars or through freight trains a device to activate by hand a warning 

signal which shall audibly or visibly warn an approaching train from the grade crossing of 

danger at said grade crossing. 

Mass. Gen. Laws Ann. ch. 160, § 138A (West 2021) 

§ 147. Gates or flashing lights at crossing of railroad and public way 

Where a railroad and a public way or travelled place cross at the same level, the department, 

after notice to the interested parties and a hearing, shall order the crossing to be protected by 

gates, flagman, flashing light signals or such other protective measures as the department 

determines the better security of human life or the convenience of public travel requires, and the 

railroad corporation operating the railroad over the crossing shall install, maintain and operate 

the protection in compliance with such order. The cost of installing, maintaining and operating 

such protection shall be apportioned by the department between the railroad passing over the 

crossing, the town or city in which the highway is located, the county, if the highway is a county 

road, or the commonwealth, if the highway is a state highway, and any land in a limited and 

determinable area receiving benefit or advantage, other than the general advantage to the 

community, from such protection, and in accordance with the relative benefit to be derived by 

each from such protection, giving due consideration to whether the railroad or the highway was 

first constructed, to the nature and volume of highway travel, to the number of trains operated by 

the railroad over the crossing, and to all other relevant facts and circumstances. No part of the 

cost of installing, maintaining or operating such protection shall be apportioned or charged under 

this section against any city or town in the fourteen cities and towns or the sixty-four cities and 

towns, both as defined in section one of chapter one hundred and sixty-one A, with respect to 

any crossing of a railroad or railroad corporation operated under any contract with the 

Massachusetts Bay Transportation Authority. Any costs apportioned against land under this 
369 

section shall be levied, assessed and collected in the same manner as a betterment under chapter 

eighty, so far as applicable. 

Mass. Gen. Laws Ann. ch. 160, § 147 (West 2021) 

§ 148. Failure to erect signs or install gates or lights; penalty 

A railroad corporation which unreasonably neglects to comply with an order or decision made 

under section one hundred and forty-one or one hundred and forty-seven shall forfeit not more 

than one thousand dollars. 

Mass. Gen. Laws Ann. ch. 160, § 148 (West 2021) 

§ 149. Signals at crossing of railroad above highway level 

The department may require a railroad corporation whose railroad crosses a highway by a 

crossing above the level of the highway to give such signal as the department may designate of 

the approach of trains to such crossing. The department may in each case determine the nature of 

the signal to be given, and, in its discretion, may require an automatic signal. 

Mass. Gen. Laws Ann. ch. 160, § 149 (West 2021) 

Michigan (2) 

§ 462.303. Requirement of traffic control devices at crossings 

Sec. 303. The department, at no cost to the freight railroads or adjacent property owners, may 

order traffic control devices at existing farm, other private, bicycle, and pedestrian crossings of 

the railroad tracks of a high speed rail corridor including signs, signals, crossing gates, movable 

barriers, or other devices. The department may determine the number, type, and location of 

signs, signals, gates, or other types of safety devices which shall conform as closely as possible 

with generally recognized national standards. 

Mich. Comp. Laws Ann. § 462.303 (West 2021) 

§ 462.315. Active traffic control devices 

Sec. 315. (1) The department, by order, in accordance with section 301,1 may prescribe active 

traffic control devices to warn of the approach of trains about to cross a street or highway at 

public railroad grade crossings consisting of signals with signs, circuitry, or crossing gates and 

other appurtenances as depicted in the Michigan manual of uniform traffic control devices. A 

determination shall detail the number, type, and location of signals with signs, circuitry, or gates 

and appurtenances, which, however, shall conform as closely as possible with generally 

recognized national standards. 

(2) Except as otherwise provided for in this act, the cost of any installation, alteration, or 

modernization of active traffic control devices shall be at equal expense of the railroad and road 

authority. 

(3) After initial installation, all active traffic control devices, circuitry, and appurtenances at 

crossings shall be maintained, enhanced, renewed, and replaced by the railroad at its own 

expense, except that the road authority shall pay $1,271.00 for flashing signals on a single track, 

$1,978.00 for flashing signals and gates on a single track, $1,481.00 for flashing signals with 

cantilever arm on a single track, $2,389.00 for flashing signals with cantilever arm with gates on 

a single track, $2,257.00 for flashing signals and gates on multiple tracks, $2,398.00 for flashing 

signals with cantilever arms and gates on a multiple track, $1,269.00 for flashing signals on a 
370 

multiple track, and $1,375.00 for flashing signals with cantilever arms on a multiple track 

annually for maintenance to the railroad for each crossing with active traffic control devices not 

covered by existing or future railroad-road authority agreements. The railroad shall furnish 

standard equipment uniform for all railroads at a cost and installation basis consistent for all 

railroads. By January 1, 2010 and every 10 years after 2010, the department shall complete a 

study to determine the cost of maintenance of active traffic control devices and shall forward a 

copy of the study to the members of the house and senate committees that consider railroad 

legislation. The department shall consult with the railroad and the local road authority 

representatives when completing the study to determine the cost of maintenance of active traffic 

control devices. 

(4) Standard active railroad-highway traffic control devices consisting of side of street flashing 

light signals with or without half-roadway gates and cantilevers shall include the railroad 

crossing (crossbuck) sign, “stop on red signal” sign, and number of tracks sign located, designed, 

and maintained on the signal support as prescribed by the Michigan manual of uniform traffic 

control devices. The railroad shall perform actual installation and maintenance of these signs. 

The railroad shall also install, renew, and maintain any signs placed on cantilevered signal 

supports. Whenever active traffic control devices are installed at any crossing, they shall be so 

arranged that for every train or switching movement over the grade crossing, the active traffic 

control device shall be in operation for a period of not less than 20 seconds or more than 60 

seconds in advance of the train movement reaching the nearest established curb line or highway 

shoulder and the devices shall continue to operate until the train movement has passed the 

established curb line or shoulder on the far side of the highway. 

(5) The department may order a railroad, at the railroad's expense, to stop and flag a crossing for 

normal train service or when active traffic control devices may become inoperable. 

Mich. Comp. Laws Ann. § 462.315 (West 2021) 

Minnesota (3) 

§ 219.24. Additional safeguard 

If the commissioner of transportation finds in an investigation instituted upon the commissioner's 

own motion or upon complaint and after notice and hearing, that conditions at a grade crossing 

require additional safeguards to protect life and property, such as crossing gates or other suitable 

devices, the commissioner shall specify the nature of the devices required and may order the 

railway company operating the railroad at the crossing to install them. 

Minn. Stat. Ann. § 219.24 (West 2021) 

§ 219.26. Protective crossing device; uniformity 

The commissioner, so far as practicable, shall secure uniformity in the devices used to protect 

grade crossings. No devices may be installed until they have been approved by the 

commissioner. All devices which, in the opinion of the commissioner, conflict with devices 

approved by the commissioner, either in design or method of operation, so as to create a hazard 

to travel at the crossing, must be immediately modified by the railroad company controlling the 

crossing to conform to those devices approved by the commissioner. 

Minn. Stat. Ann. § 219.26 (West 2021) 

§ 219.402. Adequate crossing protection 
371 

Crossing warning devices or improvements installed or maintained under this chapter as 

approved by the commissioner or any predecessor, whether by order or otherwise, are adequate 

and appropriate warning for the crossing. 

Minn. Stat. Ann. § 219.402 (West 2021) 

Mississippi (2) 

§ 65-1-70. Protective and warning devices at railroad crossings 

The Mississippi State Highway Department is authorized to construct protective devices or 

warning devices at or in the vicinity of any railroad crossing of a public highway under the 

jurisdiction of any county or incorporated municipality, based upon a showing of need resulting 

from a multidisciplinary study, whenever federal funds are available for such construction. The 

department is further authorized to supply, out of any available funds in the State Highway Fund, 

a maximum of one percent (1%) of the funds required for such construction if the county or 

incorporated municipality in which the construction will be performed complies with the 

necessary conditions for receipt of the balance of federal matching funds for such construction. 

Miss. Code. Ann. § 65-1-70 (West 2021) 

§ 65-1-70.5. Liability concerning crossing protective devices 

The provisions of Section 65-1-70 shall not impute any liability of any kind or nature to the 

Mississippi State Highway Commission, the Mississippi State Highway Department or its 

agents, servants or employees. 

Miss. Code. Ann. § 65-1-70.5 (West 2021) 

Missouri (1) 

§ 389.614. Warning signals for crossings presumed adequate--duty of reasonable care 

required of railroads 

Railroad warning devices which are installed or maintained by order or by rule of the division of 

motor carrier and railroad safety are presumed to be adequate and appropriate warning devices 

for the crossing. All railroads shall continue to exercise reasonable care at railroad crossings for 

the safety of the members of the public using the crossing. 

Mo. Ann. Stat. § 389.614 (West 2021) 

Montana (1) 

§ 61-8-203. Department of transportation to place traffic control devices on highways it 

maintains and approve traffic control devices on highways under its jurisdiction 

(1) The department of transportation shall place and maintain traffic control devices, conforming 

to its manual and specifications, upon all highways maintained by the department of 

transportation that the department considers necessary to carry out the provisions of chapter 9 

and this chapter or to regulate, warn, or guide traffic. 

(2) A local authority or other entity may not place or maintain a traffic control device upon a 

highway under the jurisdiction of the department of transportation except with the department's 

permission. 
372 

(3) The unauthorized erection of a sign, marker, emblem, or other traffic control device on a 

highway under the jurisdiction of the department of transportation by any other entity is a 

misdemeanor and is punishable as provided in 61-8-712. 

(4) The erection or maintenance of a sign, marker, emblem, or traffic control device on a 

highway under the jurisdiction of the department of transportation is subject to the rules and 

specifications that the department adopts and publishes in the interest of public safety and 

convenience. 

(5)(a) An automated enforcement system designed to detect traffic violations that is attached to a 

traffic control device may not be used to enforce traffic laws. 

(b) Subsection (5)(a) does not apply to automated enforcement systems attached to traffic control 

devices at railroad grade crossings. 

Mont. Code Ann. § 61-8-203 (West 2021) 

Nebraska (1) 

*§ 74-1334. Crossings; public; safety regulations; gates and alarms; closure; when 

(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber 

lands, near buildings, or near any obstruction of view from the road, the Department of 

Transportation shall direct such precautions to be taken as it deems necessary for the safety of 

the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, 

signs, signals, alarm bells, and warning personnel as the department directs. The department may 

direct the placement of special signs where the physical conditions of any crossing warrant such 

action. 

(2) Except as provided in subsection (3) of this section, any public railroad crossing without 

gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public 

railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is 

the only railroad crossing which provides access to property. 

(3) An interested party may object to an action taken under subsection (2) of this section only if a 

written request is submitted to the department by a professional engineer licensed to practice in 

the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the 

requirements in this section and with all relevant aspects of the railroad crossing. The engineer 

shall also provide a detailed explanation of why subsection (2) of this section should not apply to 

the railroad crossing in question and a statement that the railroad crossing corridor has been 

examined by the engineer and the engineer believes that the railroad crossing will be safe as 

designed. Such a written request shall exempt a railroad crossing from being closed under 

subsection (2) of this section. 

Neb. Rev. Stat. Ann. § 74-1334 (West 2021) 

Nevada (1) 

§ 484B.557. Stop required at certain railroad grade crossings 

The Department of Transportation, and local authorities with the approval of the Department of 

Transportation, may designate dangerous highway grade crossings of railroads and erect official 

traffic-control devices at such crossings directing a stop. When such stop signs are erected the 

driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of 

such a grade crossing and afterward may proceed only upon exercising due care. 

Nev. Rev. Stat. Ann. § 484B.557 (West 2021) 
373 

New Hampshire (1) 

§ 373:10 Railroad Signs, Gates and Other Protection. 

Every railroad shall construct, or improve, and operate and maintain at every grade crossing of 

its railroad with another railroad or highway such warning signs, gates or other protection; it 

shall so regulate the speed of its trains across any grade crossing and it shall give such 

appropriate warning of the approach of its trains to any grade crossing as the department of 

transportation, after notice and hearing, may find necessary in the interest of safety of the 

railroad or of the public; provided, however, that cost of constructing or improving such warning 

signs, gates or other protection shall be apportioned in accordance with the provisions of RSA 

373:3. The railroad shall maintain signs, signals, gates or other equipment installed within the 

limits of its right of way, after the installation thereof. 

N.H. Rev. Stat. Ann. § 373:10 (West 2021) 

New Jersey (5) 

§ 48:2-29. Protection at grade crossings 

Whenever it shall appear to the board that a public highway and a railroad or a street railway, or 

that a railroad and a street railway, cross one another at the same level and that conditions at such 

grade crossing make it necessary that gates be erected or that some other reasonable provision 

for the protection of the traveling public be adopted, the board may order the railroad or street 

railway company or both, to install such protective device or adopt such other reasonable 

provision for the protection of the traveling public at the crossing as in the discretion of the board 

shall be necessary. 

N.J. Stat. Ann. § 48:2-29 (West 2021) 

§ 48:12-54. Protections at grade crossings; group signals 

Every company operating on a fixed track or tracks, freight or passenger trains or cars, shall 

provide protection to pedestrians and the traveling public at every crossing of its tracks by any 

public road. Such protection may be in the form of safety gates, flagmen, electric bell, electric 

signs or other recognized system of alarm or protection approved by the Board of Public Utility 

Commissioners. 

When several crossings lie so close together that an audible signal at one crossing may be 

sufficiently heard at others near it, such crossings may be protected by such device or signals as 

will sufficiently protect all crossings in the group. 

When on any line or part thereof all traffic is discontinued for any part of the night, no crossing 

guards need be operated while traffic is so discontinued. 

This section shall not apply to street car lines or tracks used principally for street car purposes. 

The provisions of this section shall be construed to be mandatory and shall be operative without 

order or direction of the board. 

N.J. Stat. Ann. § 48:12-54 (West 2021) 

§ 48:12-55. Compelling proper protection of grade crossing 

The Board of Public Utility Commissioners, upon its own initiative or upon the application of 

any municipality or citizen dissatisfied with the protection provided or the failure to provide any 

or sufficient protection at any crossing within such municipality or used by such citizen may by 
374 

order compel proper compliance with section 48:12-54 of this Title. Such application shall be 

considered and acted upon in accordance with the board's rules of practice. 

N.J. Stat. Ann. § 48:12-55 (West 2021) 

§ 48:12-83. Crossing not having protective device; contributory negligence jury question 

In any action against a railroad company to recover damages for injury or death occurring at any 

crossing at which the company has not installed any safety gates, bell or other warning or 

protective device of the kind usually employed to warn and protect the traveling public and such 

injuries or death are alleged to be due to the negligence of the company, the plaintiff's action 

shall not be dismissed on the ground of contributory negligence on the part of the person injured 

or killed, but it shall be left to the jury to determine whether such person was exercising due and 

reasonable care under the conditions existing at the crossing at the time of such injury or death. 

If the jury shall determine that the person injured or killed was not exercising due and reasonable 

care under the circumstances, the verdict shall be against the plaintiff and in favor of the 

defendant. 

N.J. Stat. Ann. § 48:12-83 (West 2021) 

§ 48:12-84. Traveler's right to assume proper operation of safety devices at grade crossing 

Whenever a railroad shall install any safety gates, bell or other device designed to protect the 

traveling public at any crossing, or has placed at such crossing a flagman, any person 

approaching any such crossing, shall, during such hours as posted notice at the crossing shall 

specify, be entitled to assume that the safety gates or other warning appliances are in proper 

order and will be duly and properly operated, unless a written notice bearing the inscription “out 

of order” be posted in a conspicuous place at the crossing, or that the flagman will guard the 

crossing with sufficient care whereby the traveler will be warned of any danger in passing over 

the crossing. 

In any action brought for injuries to person or property or for death caused at any crossing 

protected as aforesaid, no plaintiff shall be barred of the action because of the failure of the 

person injured or killed to stop, look and listen before passing over the crossing. 

N.J. Stat. Ann. § 48:12-84 (West 2021) 

New Mexico (1) 

§ 5-17-22. General powers 

Except as limited by the service plan of the infrastructure development zone, the board has the 

following powers: 

Q. to erect and maintain, in providing safety protection services, traffic and safety controls and 

devices on streets and highways and at railroad crossings, and to enter into agreements with each 

county in which an infrastructure development zone is located or with adjoining counties, the 

department of transportation or railroad companies for the erection of the safety controls and 

devices and for the construction of underpasses or overpasses at railroad crossings; 

N.M. Stat. Ann. § 5-17-22 (West 2021) Excerpt from applicable statute published. 

New York (0) 

No applicable statute related to this topic 
375 

North Carolina (1) 

§ 136-20.1. To require installation and maintenance of block system and safety devices; 

automatic signals at railroad intersections 

(a) The Department of Transportation is empowered and directed to require any railroad 

company to install and put in operation and maintain upon the whole or any part of its road a 

block system of telegraphy or any other reasonable safety device, but no railroad company shall 

be required to install a block system upon any part of its road unless at least eight trains each 

way per day are operated on that part. 

(b) The Department of Transportation is empowered and directed to require, when public safety 

demands, where two or more railroads cross each other at a common grade, or any railroad 

crosses any stream or harbor by means of a bridge, to install and maintain such a system of 

interlocking or automatic signals as will render it safe for engines and trains to pass over such 

crossings or bridge without stopping, and to apportion the cost of installation and maintenance 

between said railroads as may be just and proper. 

N.C. Gen. Stat. Ann. § 136-20.1 (West 2021) 

North Dakota (2) 

§ 24-09-08.1. Department of transportation to apportion cost--Exception 

In order to promote public safety at intersections of railroad lines and all classes of highways, the 

department shall apportion the cost of automatic grade crossing protection devices in accordance 

with this section. In the event that the commission in accordance with the provisions of section 

24-09-08 orders that any grade crossing must be protected by automatic grade crossing 

protection devices, the commission shall in its order apportion the cost thereof between the 

railroad interested, the political subdivision having jurisdiction of the highway involved, and the 

state of North Dakota. Such cost must be apportioned to such parties or to any one or more of 

such parties on the basis of the benefit derived respectively by highway users and the railroad 

from the installation of such crossing protection device. For the purpose of this section, the cost 

attributable to the benefit of the highway users must be apportioned to the state of North Dakota 

or to the political subdivision having jurisdiction of the highway involved or to both of such 

parties. The cost apportioned to the state of North Dakota must be paid out of the highway fund 

in the state treasury, provided that not more than one hundred thousand dollars may be expended 

for this purpose in any one biennium. 

N.D. Cent. Code Ann. § 24-09-08.1 (West 2021) 

§ 24-09-09. Warning devices must be approved by department of transportation 

The department, so far as practicable, shall secure uniformity in the devices used to protect grade 

crossings. No such devices may be installed until the same have been approved by the 

department. Except for devices prescribed under section 24-09-08, all devices installed, which 

conflict with the devices approved by the department, either in their design or method of 

operation, so as to create a hazardous condition to travel at such crossing, must be modified 

immediately by the railway company controlling the same so as to conform to those approved by 

the department. 

N.D. Cent. Code Ann. § 24-09-09 (West 2021) 
376 

Ohio (5) 

§ 4907.47 Crossing signals 

(A) If, after public hearing as to the necessity for installing protective devices at a public railroad 

highway grade crossing, written notice of which is published once a week for three consecutive 

weeks in a newspaper of general circulation in the county in which the crossing is located and is 

given the railroad and public authority involved at least thirty days in advance of such hearing, it 

is the opinion of the public utilities commission that the public safety requires a gate, automatic 

alarm bell, or other mechanical device to be erected and maintained at any place where a public 

road or street is crossed at the same level by a railroad, and the crossing has been declared by the 

commission to be so dangerous and hazardous as to require additional protective devices, or the 

public safety requires that a flagman be stationed and maintained at such crossing, the 

commission shall give the superintendent, manager, or other officer in charge of such railroad a 

written order of what is required, and shall assign the cost of installing any such device between 

the railroad and the public in any proportion it determines proper that is consistent with any 

applicable federal requirements, after giving due consideration to the factors listed in division 

(B) of this section. 

(B) In assigning the cost of any such device the commission shall consider factors of volume of 

vehicular traffic, volume of train traffic, train type and speed, limitations of view and the causes 

thereof, savings, if any, which will inure to the railroad as the result of the installation, benefits 

to the public resulting from the reduction of hazard at the crossing, the probable cost of the 

installation, the future cost to the railroad of maintaining any such device, and any other special 

factors and conditions that the commission considers relevant. The commission may accept a 

railroad's agreement to maintain the installation as being its share of the cost for the protection. If 

any part of the cost is assigned to the public, it shall be apportioned to the state agency or 

political subdivision having jurisdiction over such crossing, and may be paid from any funds 

levied and made available for highway or street purposes; provided, that funds from the grade 

crossing protection fund created by section 4907.472 of the Revised Code may be used to pay 

the public's share of the cost. After the commission has issued an appropriate order requiring that 

additional protective devices be installed by a specific date, which shall be a reasonable time 

from the date of the order, the railroad concerned shall erect or install the additional protective 

devices or station the flagman within the time prescribed by the order. If the additional protective 

devices are not erected or installed within that time, the commission may reduce or eliminate the 

amount of any funds in the grade crossing protection fund obligated to pay the public's share of 

the costs relating to the erection, installation, and maintenance of the additional protective 

devices and, consistent with any applicable federal requirements, may assign to the railroad 

concerned any amount, up to one hundred per cent, of the total amount of the costs of erecting, 

installing, and maintaining the additional protective devices. 

Any person owning or operating a railroad and neglecting or refusing to erect or maintain such 

gate, automatic alarm bell, or other mechanical device, or to maintain such flagman, when 

required by the commission pursuant to this section or section 4907.471 of the Revised Code, 

and after the commission has issued an appropriate order finding that the public funds will be 

made available with respect to any protective device it has ordered installed, shall forfeit to the 

state, for every such neglect or refusal, one thousand dollars, and in addition, shall forfeit one 

thousand dollars for each day such neglect or refusal continues. 

Ohio Rev. Code Ann. § 4907.47 (West 2021) 
377 

§ 4907.471 Survey of public crossings by commission; classification; priority ratings; 

additional protective devices 

(A) The public utilities commission shall survey all public crossings of railroads at grade, 

whether on state, county, or township highways or on streets or ways within municipal 

corporations. The commission shall devise a formula according to sound highway engineering 

practice for determining the probability of accident at each such crossing and may include in the 

formula factors representing volume of vehicular traffic, volume of train traffic, history of 

previous accidents, train type and speed, limitations of view, intersection angle, number of 

tracks, highway alignment, and such other special factors and conditions as are in its opinion 

relevant. The commission shall submit the formula to the director of transportation, who shall 

review it to ensure that it is consistent with applicable federal requirements. 

The commission shall classify all such public crossings according to that formula and shall 

prepare a priority list for the protection of such crossings, giving highest priority to the crossings 

at which the commission finds the highest probability of accident, and lowest priority to the ones 

at which it finds the least probability of accident, provided that for the purposes of this section 

the commission shall place first on the list any crossing that meets all of the following criteria: 

(1) The crossing is at a section of railroad track that is being reactivated on or after May 1, 1990, 

and that has not been used for at least three years prior to the reactivation as determined by the 

commission; 

(2) The territory abutting the railroad's right-of-way for a distance of three hundred feet or more 

has been improved with residences during the period of time the track was not being used; 

(3) The commission has designated the crossing as dangerous and hazardous under division (A) 

of this section. 

The priority list shall be for the use of the commission in carrying out this section and sections 

4907.47, 4907.474, and 4907.475 of the Revised Code and shall not be admissible in evidence in 

any action to recover damages for negligence arising out of the use of such grade crossings. The 

list shall be made available to the department of transportation for use in carrying out sections 

4511.61 and 4955.33 of the Revised Code. 

The survey shall be continuous, and after the original list is prepared, the commission may 

change the respective priority ratings as it may from time to time determine. When new crossings 

at grade are opened, the commission shall survey them and place them on the priority list at such 

places as in its opinion the probability of accident at those crossings warrants. 

The commission may, pursuant to the priority ratings established as provided in this section, 

designate as dangerous and hazardous any railroad highway grade crossing it determines to be in 

need of additional protective devices. With respect to a high priority crossing so designated, the 

commission may negotiate with the railroad concerned, and with the state agency or political 

subdivision having jurisdiction over the crossing, an agreement providing for the installation at 

the crossing of appropriate luminous reflecting warning signs, luminous flashing signals, 

crossing gates illuminated at night, or other protective devices. The number, type, and location of 

the signs, signals, gates, or other protective devices, which shall conform with generally 

recognized national standards, shall be determined by agreement among the commission, the 

railroad concerned, and the state agency or political subdivision. The assignment of any part or 

all of the cost of the installation and subsequent maintenance of such signs, signals, gates, or 

other protective devices to the railroad and to the state or the political subdivisions shall be by 

the commission in any proportion it determines proper that is consistent with any applicable 
378 

federal requirements, after giving due consideration to the factors listed in division (C) of this 

section. 

(B) In cases where the railroad does not agree that the installation of additional protective 

devices is necessary, or where no agreement can be reached with the railroad as to the number, 

type, or location of such devices or the proportion of cost to be assigned to the railroad, the 

commission shall hold a public hearing as to the necessity for installing additional protective 

devices at the crossing at issue. Written notice of the hearing shall be given to the railroad at 

least thirty days in advance of the hearing, and notice of the hearing shall be published once a 

week for three consecutive weeks in a newspaper of general circulation in the county in which 

the crossing at issue is located. If, after the hearing, it is the opinion of the commission that the 

public safety requires additional protective devices to be erected and maintained at the crossing, 

the commission shall give the superintendent, manager, or other officer in charge of the railroad 

a written order of the protective devices required and the date by which any action shall be 

completed, and shall assign to the parties the cost of installing and maintaining the protective 

devices in any proportion it determines proper that is consistent with any applicable federal 

requirements, after giving due consideration to the factors listed in division (C) of this section. 

(C) In assigning the cost of additional protective devices, the commission shall consider factors 

of volume of vehicular traffic, volume of train traffic, train type and speed, limitations of view 

and the causes thereof, savings, if any, which will inure to the railroad as the result of the 

installation, benefits to the public resulting from the reduction of hazard at the crossing, the 

probable cost of the installation, the future cost to the railroad of maintaining the devices, and 

any other special factors and conditions that the commission considers relevant. The commission 

may accept a railroad's agreement to maintain the additional protective devices as being its share 

of the cost for the protection. If any part of the cost of installation is assigned by the commission 

to the state agency or political subdivision having jurisdiction over the crossing, that cost may be 

paid from any funds levied and made available for highway or street purposes, provided that 

funds from the grade crossing protection fund created by section 4907.472 of the Revised Code 

may be used to pay the public's share of the cost. After the commission has issued an appropriate 

order requiring that additional protective devices be installed by a specific date, which shall be a 

reasonable time from the date of the order, the railroad concerned shall erect or install the 

additional protective devices within the time prescribed by the order. If the additional protective 

devices are not erected or installed within that time, the commission may reduce or eliminate the 

amount of any funds in the grade crossing protection fund obligated to pay the public's share of 

the costs relating to the erection, installation, and maintenance of the additional protective 

devices and, consistent with any applicable federal requirements, may assign to the railroad 

concerned any amount, up to one hundred per cent, of the total amount of the costs of erecting, 

installing, and maintaining the additional protective devices. 

Ohio Rev. Code Ann. § 4907.471 (West 2021) 

§ 4907.476 Adherence to federal laws and regulations; use of only state funds 

In its administration of sections 4907.47 to 4907.475 of the Revised Code, the public utilities 

commission shall, to the extent that it uses federal funds in connection with the erection, 

installation, or maintenance of any grade crossing protective devices or additional grade crossing 

protective devices, adhere to all pertinent federal laws and regulations. Where such laws or 

regulations require that the department of transportation make final decisions for the state in 

matters regarding grade crossing protective device projects or additional grade crossing 
379 

protective device projects, or enter into contracts and agreements for such projects on behalf of 

the state, or take other actions regarding such projects on behalf of the state that are necessary to 

comply with such laws and regulations, the commission shall work with and through the 

department, and may make agreements with the department, in its administration of sections 

4907.47 to 4907.475 of the Revised Code. 

As a means of simplifying its administration of such sections, the commission may elect to use 

only state funds for the design or administrative costs associated with any such project. As a 

means of enforcing its orders under such sections, the commission may, as allowed by federal 

law and regulation, elect to use no federal funds in connection with the erection, installation, or 

maintenance of particular grade crossing protective device or additional grade crossing 

protective device projects. 

Ohio Rev. Code Ann. § 4907.476 (West 2021) 

§ 4907.48 Regulation of crossing signals 

All gates, bells, or devices erected under the direction of the public utilities commission shall be 

built within the time, in the manner, and of materials approved by the commission. Such devices 

so authorized shall be located in the highway or street on one or both sides of the railroad tracks, 

as the commission deems the public safety requires. Such gates shall be so constructed that when 

closed they obstruct or prevent passage across such railroad from the side on which a gate is 

located. Such bell must be so constructed that it will ring before the approach of every train of 

cars or locomotive within three hundred feet or more of such crossing, and continue to ring until 

such train or locomotive has reached the crossing. A person shall be in charge of such gate who 

shall close it at the approach of each train or locomotive and keep it open at all other times. If an 

automatic bell or other mechanical device is required at such crossing, the railroad shall keep 

such bell or device in good working order. For every neglect of duty imposed by this section 

such railroad shall forfeit twenty-five dollars. 

Ohio Rev. Code Ann. § 4907.48 (West 2021) 

§ 4907.52 Safety devices at grade crossings 

When two railroads, a railroad and an interurban railroad or electric or street railway, two 

interurban railroads, or a railroad or electric railway and a street or highway cross at grade, if, in 

the opinion of the public utilities commission, public safety requires protection, the commission, 

upon its own motion or upon complaint, after notice to the railroads interested and full 

investigation, may make an order requiring the railroads so intersecting and crossing to install 

such devices as in the opinion of the commission will properly protect such crossing. 

The commission may make any other orders regulating the speed and running of trains or of cars 

and the switching of cars over such crossing or street, and it shall apportion the expense of 

installation or maintenance of such devices between the railroad companies whose tracks are 

thus protected. 

Ohio Rev. Code Ann. § 4907.52 (West 2021) 

Oklahoma (2) 

§ 125a. Railroads--Highway crossings--Safety devices 

Whenever the public authorities having jurisdiction and control over any public highway or 

street in this state shall deem that the safety of lives and property at any railroad intersection with 
380 

any highway or street, shall so require, such public authorities as are hereby authorized and 

empowered to construct or install, or to order the company owning such railroad so intersected, 

to construct or install, and thereafter maintain and operate, an automatic or mechanically 

operated barricading device, which, when giving warning, shall become a barrier in such 

highway or street; provided, however, that before any such device is constructed or installed, 

maintained and operated at a railroad intersection, the detailed plans of such device, with a 

description of the proposed mode of operation thereof, and a map showing the proposed location 

of the same, shall be first submitted to, and approved by, the State Highway Commission of 

Oklahoma. 

Okla. Stat. Ann. tit. 66, § 125a (West 2021) 

§ 130. Warning signal devices--Rules and regulations 

The Oklahoma Corporation Commission shall promulgate rules and regulations for the design, 

installation, construction, maintenance, inspection, and testing of warning signal devices at 

highway and railroad crossings in the State of Oklahoma. 

Okla. Stat. Ann. tit. 66, § 130 (West 2021) 

Oregon (3) 

§ 810.210. Railroad-highway grade crossings; road authority powers concerning traffic 

control devices 

(1) The Oregon Transportation Commission is vested with exclusive jurisdiction over the 

installation at railroad-highway grade crossings of signs, signals, gates, protective devices or any 

other device to warn or protect the public at a railroad-highway crossing. The commission is 

granted exclusive authority under this subsection to determine the character or type of device to 

be used. 

(2) Each road authority shall place, maintain and control traffic control devices used upon its 

own highway as the road authority considers necessary for the safe and expeditious control of 

traffic, necessary to carry out the provisions of the vehicle code or local traffic ordinances or 

necessary to regulate, warn or guide traffic. The commission shall act as road authority under 

this section in lieu of the Department of Transportation. The authority granted under this 

subsection is subject to all of the following: 

(a) All traffic control devices erected and used under this subsection shall conform to the state 

manual and specifications established under ORS 810.200. 

(b) The commission has general supervision with respect to the placing, construction and 

operation of traffic control devices under this subsection for the purpose of obtaining, so far as 

practicable, uniformity as to type and location of traffic control devices throughout the state. 

(c) Only the commission has authority over a state highway whether or not the state highway is 

within the jurisdiction of another road authority. No traffic control device shall be erected, 

maintained or operated upon any state highway under this subsection by any authority other than 

the commission, except with the written approval of the commission. 

(d) When the governing body of a city makes a determination that placement or construction of a 

traffic control device on a highway within the city selected as a state highway under ORS 

373.010 is necessary to carry out the provisions of the vehicle code or to regulate, warn or guide 

traffic, the city governing body shall submit written findings and recommendations to the 

Director of Transportation in support of placing or constructing the traffic control device on the 
381 

state highway. If the director approves the findings and recommendations, the director shall 

notify the city governing body in writing and proceed to place or construct the traffic control 

device in accordance with the findings and recommendations. If the director does not notify the 

governing body of disapproval within 90 days after receipt of the findings and recommendations, 

the findings and recommendations shall be considered approved and the director shall proceed to 

place or construct the traffic control device in accordance with the findings and 

recommendations. 

(e) The commission is authorized to classify, designate and mark both interstate and intrastate 

highways within the boundaries of this state. 

Or. Rev. Stat. Ann. § 810.210 (West 2021) 

§ 824.206. Elimination or alteration of crossing; installation of protective devices 

(1) The Department of Transportation may, upon its own motion or upon application by a 

railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not 

required under ORS 824.214, and upon finding that such action is required by the public safety, 

necessity, convenience and general welfare: 

(d) Require installation or alteration of protective devices. 

Or. Rev. Stat. Ann. § 824.206 (West 2021) Excerpt from applicable statute published. 

§ 824.236. Unauthorized railroad-highway crossings, installation of protective devices; cost 

apportionment; closure; rulemaking 

(1) Except as provided in subsection (2) of this section, the Department of Transportation may, 

under ORS 823.033, order a railroad to install and maintain protective devices at an unauthorized 

railroad-highway crossing and order the public authority in interest to install and maintain stop 

signs at and other protective devices in advance of an unauthorized railroad-highway crossing. 

(2) The department may not order the railroad to install at an unauthorized railroad-highway 

crossing devices which are activated immediately in advance of, and during, each train 

movement over the crossing unless the department determines that the railroad intentionally 

created the unauthorized crossing after June 2, 1995. 

(3) Except as provided in subsection (4) of this section, in any proceeding under subsections (1) 

and (2) of this section, or unless the parties agree otherwise, installation and maintenance costs 

of protective devices shall be apportioned to the railroad. 

(4) The railroad may seek reimbursement or indemnity from third parties. 

(5) Under ORS 823.033, the department may open an investigation to consider closure of an 

unauthorized railroad-highway crossing. If the department decides to open an investigation, it 

shall post notice of the investigation at the crossing at least 30 days prior to opening the 

investigation. If the department is unable to complete an investigation within two years from the 

date it was opened, the department shall order the crossing closed within one year from the 

expiration of the two-year period allowed for investigation unless closure of the unauthorized 

railroad-highway crossing would remove the only access to any land. 

Or. Rev. Stat. Ann. § 824.236 (West 2021) 

Pennsylvania (0) 

No applicable statute related to this topic 
382 

Rhode Island (4) 

§ 39-8-9. Order to maintain flag person or precautionary appliance at grade crossing 

Every railroad corporation or lessees, receivers, or trustees of the corporation operating railroads 

within this state shall cause flag persons or gates or other precautionary measures or appliances 

to be established or substituted wherever the railroads cross public highways, whenever and as 

often as in the opinion of the commission it is necessary for the safety of the public. 

39 R.I. Gen. Laws Ann. § 39-8-9 (West 2021) 

§ 39-8-10. Failure to maintain flag person or precautionary appliances 

Every railroad corporation that shall refuse or neglect to comply with an order, or with a 

confirmation of such order upon appeal, shall, for every day's neglect after seven (7) days from 

the date of the service of the order upon the president, treasurer, or any director of the 

corporation, forfeit five hundred dollars ($500), one half (1/2) thereof to the use of the state, and 

one half (1/2) thereof to the use of the city or town where the crossing is located. 

39 R.I. Gen. Laws Ann. § 39-8-10 (West 2021) 

§ 39-8-11. Order to maintain electric signals at crossing 

At any point where a highway, city or town way, or traveled place is crossed at the same level by 

a railroad where a gate or flag person is not maintained, the commission may, after notice to and 

hearing of the railroad corporation whose road so crosses, direct that the crossing shall be 

furnished with electric signal or signals as they shall decide the better security of human life or 

the convenience of the public travel requires, and the corporation shall comply with the order. If 

the railroad corporation shall refuse or neglect to comply with the order within three (3) months 

from the date thereof, it shall be fined twenty-five dollars ($25.00) for each day that the refusal 

or neglect shall continue unless it shall furnish reasons satisfactory to the commission for the 

refusal or neglect. Nothing in this section shall be so construed as to affect §§ 39-8-9 and 39-8-

10. 

39 R.I. Gen. Laws Ann. § 39-8-11 (West 2021) 

§ 39-8-12. Municipal order to maintain crossing gates or fence 

Every railroad corporation whose railroad crosses any street or highway at grade in the city of 

Providence shall erect, maintain, and cause to be operated gates across every street or highway 

satisfactory in all respects to the city council upon receiving notice from the city council, and 

shall also fence its line of track within the limits of the city in such manner and at such places as 

the city council may direct. Any railroad corporation violating any of the provisions of this 

section shall, for every day's neglect after twenty (20) days from notice or direction to the 

president, treasurer, or any director of the corporation from the city council as aforesaid to 

comply with the provisions of this section or with the order or direction of the city council, be 

fined fifty dollars ($50.00), one half (1/2) thereof to the use of the state and the other one half 

(1/2) to the use of the complainant. 

39 R.I. Gen. Laws Ann. § 39-8-12 (West 2021) 

South Carolina (2) 

§ 58-17-1410. Commission may require flagman to be stationed at important crossings. 
383 

The Public Service Commission may, upon the application of a county supervisor, if it deem it 

necessary, require any railroad corporation to have a stationary flagman at any crossing the 

importance of which may demand it. 

S.C. Code Ann. § 58-17-1410 (West 2021) 

§ 58-17-1440. Penalty and damages for injury at crossing not having required signals. 

If a person is injured in his person or property by collision with the engine or any car of a 

railroad corporation at a crossing and it appears that the corporation neglected to give the signals 

required by the General Railroad Law and that such neglect contributed to the injury, the 

corporation shall be liable for all damages caused by the collision or to a fine recoverable by 

indictment, unless it is shown that in addition to a mere want of ordinary care the person injured 

or the person having charge of his person or property was at the time of the collision guilty of 

gross or wilful negligence or was acting in violation of the law and that such gross or wilful 

negligence or unlawful act contributed to the injury. 

S.C. Code Ann. § 58-17-1440 (West 2021) 

South Dakota (2) 

§ 49-16A-89. Crossings--Erection of lighting or alarms at order of department 

If, in the opinion of the Department of Transportation, it is necessary for the safety and 

protection of the public that street crossings over railroad tracks be lighted or street crossing 

alarms be installed to notify the public of approaching trains, the department shall order the 

railroad over whose road such street crosses to install crossing alarms or order the crossings to be 

lighted, or order both alarms and lighting by the railroad in a manner and method as, in the 

opinion of the department, will be the most suitable for the protection of the public. 

S.D. Codified Laws § 49-16A-89 (2021) 

§ 49-16A-89.2. Alarm or lighting device required where railroad crosses state trunk 

highway system 

Any railroad tracks over which an operating train travels which crosses a portion of the state 

trunk highway system, as defined in chapter 31-4, shall have a crossing alarm or a lighting 

device, or both, to alert the public of approaching trains and to notify the public of trains crossing 

the highway. The crossing alarm or lighting device shall be in place by December 31, 1998. The 

Department of Transportation shall decide the method which is most suitable for the protection 

of the public. The Department of Transportation shall use any federal highway safety funds to 

pay for the crossing alarms and lighting devices. However, if federal highway safety funds are 

not available, the railroad owning or operating the tracks is liable for the expenses of the crossing 

alarm or lighting device. 

S.D. Codified Laws § 49-16A-89.2 (2021) 

Tennessee (1) 

*§ 65-11-113. Warning or protective devices 

(a)(1) Within six (6) months after the occurrence of a fatality resulting from a collision between 

any railroad engine or train and a vehicle or pedestrian at any unmarked railroad grade crossing, 

where there are regularly scheduled trains, one hundred (100) or more vehicles cross daily and it 
384 

is also a regular school bus crossing, and/or upon the order of the commissioner of transportation 

or the commissioner's designee, the railroad company responsible for maintaining the track and 

right-of-way at such grade crossing shall install or cause to be installed a railroad crossing 

marker with automatic flashing signal lights and a bell on either side of the tracks along such 

street, road or highway crossing such tracks, in such a manner that approaching motorists, riders 

or pedestrians may be warned of the hazard and alerted to watch for an oncoming train or engine. 

(2) A railroad company shall have six (6) months from the time of an order of the commissioner 

or the commissioner's designee in which to install or cause to be installed the automatic warning 

or protective devices required. If such devices are not installed and operative at the end of this 

period of time, and the commissioner has not granted an extension based on hardship or act of 

God, the speed of trains operating within one (1) mile in each direction of such crossing shall be 

restricted to not more than twenty-five (25) miles per hour. This restriction shall continue until 

the devices are fully operational. 

(b)(1) The cost of installing such signal devices shall be borne equally by the railroad company, 

the state of Tennessee, and the county, or the municipality, if such signal devices are installed 

within the corporate limits or the metropolitan government, where applicable. 

(2) Payment of the state's share shall be made as reimbursement of the railroad company of one 

third ( 1⁄3 ) of the cost of such installation, by warrant of the commissioner of finance and 

administration upon the state treasury, after inspection of the site and certification by the 

commissioner of transportation or the commissioner's designee that such signal devices have 

been installed in compliance with this section; provided, that the railroad company has first 

submitted to the commissioner of finance and administration a sworn statement of the total costs 

incurred by the railroad company in installing such signal devices. 

(3) Payment of the municipality's or county's or metropolitan government's share of the costs 

shall similarly be made in accordance with the fiscal procedures of such municipality, county, or 

metropolitan government after receipt of a sworn statement from the railroad company of the 

total cost of the installations and verification of such installation by the appropriate municipal, 

county or metropolitan government official. 

(c) If any county, municipal or metropolitan government fails or refuses to reimburse the railroad 

company as provided in this section, the commissioner of finance and administration shall cause 

the necessary amount of money to be withheld from such county, municipal or metropolitan 

government any amount due such county, municipal or metropolitan government from the 

proceeds of the state gasoline tax and reimburse the railroad company using such funds 

otherwise due the county, municipal or metropolitan government. The Tennessee department of 

transportation shall be prohibited from adopting any rules or regulations which will circumvent 

the purposes of this section by setting incompatible criteria for determining priorities for the 

installation of railroad crossing signals. 

(d) In the event federal funds are available to defray the cost of such installation in whole or in 

part, the federal rules then applicable shall determine the allocation of the costs of such 

installation. 

(e) Any railroad company failing to comply with the requirements of subsections (a)-(d) is 

subject to a fine of not less than five hundred dollars ($500) nor more than one thousand dollars 

($1,000) for each day of continued violation. 

(f) The department of transportation is authorized to construct protective or warning devices at or 

in the vicinity of any railroad crossing of a public highway owned by a county or incorporated 

city or town, based upon the showing of need resulting from a multidisciplinary study, whenever 
385 

federal funds are available for such construction. The department of transportation is further 

authorized to supply a maximum of one percent (1%) of the funds required for such construction 

provided the county or incorporated city or town in which the construction will be performed 

complies with the necessary conditions for receipt of the balance of federal matching funds for 

such construction. 

(g) Notwithstanding any other law to the contrary, the department of transportation shall 

construct automatic warning devices at the railroad crossing at Tipton Station Road in southern 

Knox County. 

Tenn. Code Ann. § 65-11-113 (West 2021) 

Texas (0) 

No applicable statute related to this topic 

Utah (1) 

§ 54-4-15.1. Signals or devices at grade crossings--Duty to provide 

The Department of Transportation so as to promote the public safety shall as prescribed in this 

act1 provide for the installing, maintaining, reconstructing, and improving of automatic and other 

safety appliances, signals or devices at grade crossings on public highways or roads over the 

tracks of any railroad or street railroad corporation in the state. 

Utah Code Ann. § 54-4-15.1 (West 2021) 

Vermont (2) 

§ 3584. Gates, electric signals, flaggers 

When requested in writing by three or more freeholders or registered voters or residents of a city 

or village to order a gate or electric signal to be erected, or a flagger to be stationed at any 

railroad crossing at grade within such city or village, or when so requested by three or more 

freeholders or registered voters or residents of a town to order an electric signal to be erected at 

any railroad crossing at grade within that town, or, acting on its own initiative, the Transportation 

Board shall visit that place, first giving the parties making the request, the Secretary of 

Transportation, and the railroad corporation notice thereof. If the public safety requires, the 

Board shall order the corporation operating the railroad to do any act at that place needful for the 

protection of the public, and may make any other order or further order it deems necessary in the 

premises, including an order, after hearing and due notice to the parties in interest, directing the 

State, the municipality, and the railroad to pay all or part of the costs as the Board finds just and 

equitable. The Board shall not make further order without first visiting the place and giving the 

railroad corporation, the Secretary of Transportation, and the parties making request an 

opportunity to be heard thereon. 

Vt. Stat. Ann. tit. 5, § 3584 (West 2021) 

§ 3585. Procedure for payment of State's portion of cost 

In making an order under section 3584 of this title, the Transportation Board shall require the 

submission of an itemized statement of the cost incurred by the State agency, municipality, 

corporation, or person responsible for compliance with the order, with an affidavit of an 

appropriate officer or person that the costs shown on the statement were incurred and are 

reasonable to the best of the officer's or person's knowledge and belief. Upon approval by the 
386 

Board of the statement and its certification to the Commissioner of Finance and Management, 

the State Treasurer shall issue a warrant to pay the State's portion of the cost in accordance with 

the order of the Board. 

Vt. Stat. Ann. tit. 5, § 3585 (West 2021) 

Virginia (2) 

§ 56-406.1. Proceedings for installation and maintenance of automatically operated gates, 

signals and other automatic crossing warning devices 

Railroads shall cooperate with the Virginia Department of Transportation and the Department of 

Rail and Public Transportation in furnishing information and technical assistance to enable the 

Commonwealth to develop plans and project priorities for the elimination of hazardous 

conditions at any crossing of a public highway which crosses at grade including, but not limited 

to, grade crossing elimination, reconstruction of existing grade crossings, and grade crossing 

improvements. The Commonwealth shall provide each locality a listing of grade crossing safety 

needs for its consideration. Information collected and analyses undertaken by the designated 

state agencies are subject to 23 U.S.C. § 409. A railroad shall not unilaterally select or determine 

the type of grade crossing warning system to be installed at any crossing of a public highway and 

railroad at grade. The railroad shall only install or upgrade a grade crossing warning system at 

any crossing of a public highway and railroad at grade pursuant to an agreement with the 

Virginia Department of Transportation or representative of the appropriate public road authority 

authorized to enter into such agreements. A railroad is not required but is permitted to upgrade, 

at its own expense, components of any public highway at grade warning system when such 

upgrade is incidental to a railroad improvement project relating to track, structures or train 

control systems. 

When required by the Commissioner of Highways or representative of the appropriate public 

road authority, every railroad company shall cause a grade crossing warning device including 

flashing lights approved by the Department of Transportation at such heights as to be easily seen 

by travelers, and not obstructing travel, to be placed, and maintained at each public highway at or 

near each place where it is crossed by the railroad at the same level. Such warning device shall 

be automatically activated by the approaching train so as to be clearly discernible to travelers 

approaching the railroad crossing from each direction at a distance of two-hundred feet. Such 

warning devices shall be erected at the initiative of the appropriate public road authority only 

when required by ordinance or resolution adopted by the Commissioner or the appropriate public 

road authority thereof stating that such political subdivision will pay the full initial installation 

cost of such warning devices and that maintenance costs will be fixed as provided in § 56-406.2. 

A certified copy of such ordinance or resolution shall be delivered to such railroad company, and 

such railroad company shall forthwith install such warning devices at the full initial cost of such 

public road authority. The cost of such installation and maintenance of such warning devices 

may be shared by agreement between such railroad company and the Commissioner of 

Highways or the appropriate public road authority, when initiating such installation. The railroad 

shall be responsible for the continuing maintenance of the warning devices. 

In the event that such Commissioner or representative of the appropriate public road authority 

and the railroad company or companies involved are unable to agree on (i) the necessity for such 

grade crossing warning device, or (ii) the plans and specifications for and the method and 

manner of construction or operation thereof, or (iii) the share of the cost of construction, if any, 

to be borne by the railroad company or companies involved, then the Commissioner of 
387 

Highways or representative of the appropriate public road authority, as the case may be, shall 

petition the State Corporation Commission setting forth the grade crossing warning devices 

desired and the plans and specifications for and the method and manner of construction and 

operation of the devices desired and the facts which, in the opinion of the petitioner, justify the 

requiring of the same. Copies of the petition and plans and specifications shall be forthwith 

served by the State Corporation Commission on the railroad company or companies involved. 

Within twenty days after service on it of such petition and plans and specifications, each such 

railroad company shall file an answer with the State Corporation Commission setting out its 

objections to the proposed project, and the Commission shall hear and determine the matter as 

other matters are heard and determined by that body. The Commission shall consider all the facts 

and circumstances surrounding the case and shall determine (a) whether public necessity justifies 

or requires the proposed warning devices, (b) whether the plans and specifications or the method 

and manner of construction and operation be proper and appropriate, and (c) what share of the 

cost of the project, if any, to be borne by any railroad company involved is fair and reasonable, 

having regard to the benefits, if any, accruing to such railroad company from providing such 

grade crossing warning devices, and either dismiss the proceeding as against such railroad 

company or enter an order deciding and disposing of all of the matters hereinbefore submitted to 

its jurisdiction. 

Va. Code Ann. § 56-406.1 (West 2021) 

§ 56-406.2. Proceeding for fixing cost of maintaining such warning devices at public grade 

crossings 

Whenever any automatically operated gate, signal or other automatic crossing warning device 

has been or may hereafter be installed at any highway, road or street grade crossing by any 

railroad company, the Commissioner of Highways or the public road authority may agree with 

the railroad company involved as to the division of the cost of the future maintenance of any 

such device or devices. The basis for the division of costs shall be determined by the Department 

of Rail and Public Transportation utilizing the calculated average maintenance cost of all 

previous warning device maintenance performed and documented by all railroads operating in 

Virginia. In the event that the Commissioner or the public road authority and the railroad 

company involved are unable to agree upon the share of the cost of maintenance of any such 

device or devices to be borne by the railroad company, if any, then such railroad company may 

file a petition with the State Corporation Commission setting forth the crossing protection 

provided at such crossing, the terms of the contract and/or the conditions of the order of said 

Commission or the public road authority under which it was constructed and installed and the 

estimated future annual cost of maintaining the same. Copies of such petition shall forthwith be 

served by the State Corporation Commission upon the Commissioner of Highways or the public 

road authority who shall, within twenty days after service of such petition, file an answer thereto 

setting out reasons for declining to participate in the future cost of maintaining such warning 

device or devices as requested by the railroad company, and the Commission shall thereupon 

hear and determine the matter as other matters are heard and determined by that body. The 

Commission shall consider all the facts and circumstances surrounding the case and shall 

determine what share of the cost of the future maintenance of such warning device or devices, if 

any, shall be borne by the railroad company and/or the Commonwealth Transportation Board or 

the public road authority, having regard to the benefits, if any, accruing to such railroad company 

from the continued maintenance of such protection of said public highway, road or street grade 
388 

crossing, and either dismiss the proceeding or enter an order deciding and disposing of the 

matters therein submitted to its jurisdiction. 

Va. Code Ann. § 56-406.2 (West 2021) 

Washington (4) 

*§ 81.53.261. Crossing signals, warning devices--Petition--Hearing--Order--Costs 

apportionment--Records not evidence for actions--Appeal 

Whenever the secretary of transportation or the governing body of any city, town, or county, or 

any railroad company whose road is crossed by any highway, shall deem that the public safety 

requires signals or other warning devices, other than sawbuck signs, at any crossing of a railroad 

at common grade by any state, city, town, or county highway, road, street, alley, avenue, 

boulevard, parkway, or other public place actually open and in use or to be opened and used for 

travel by the public, he or she or it shall file with the utilities and transportation commission a 

petition in writing, alleging that the public safety requires the installation of specified signals or 

other warning devices at such crossing or specified changes in the method and manner of 

existing crossing warning devices. Upon receiving such petition, the commission shall promptly 

set the matter for hearing, giving at least twenty days notice to the railroad company or 

companies and the county or municipality affected thereby, or the secretary of transportation in 

the case of a state highway, of the time and place of such hearing. At the time and place fixed in 

the notice, all persons and parties interested shall be entitled to be heard and introduce evidence, 

which shall be reduced to writing and filed by the commission. If the commission shall 

determine from the evidence that public safety does not require the installation of the signal, 

other warning device or change in the existing warning device specified in the petition, it shall 

make determinations to that effect and enter an order denying said petition in toto. If the 

commission shall determine from the evidence that public safety requires the installation of such 

signals or other warning devices at such crossing or such change in the existing warning devices 

at said crossing, it shall make determinations to that effect and enter an order directing the 

installation of such signals or other warning devices or directing that such changes shall be made 

in existing warning devices. The commission shall also at said hearing apportion the entire cost 

of installation and maintenance of such signals or other warning devices, other than sawbuck 

signs, as provided in RCW 81.53.271: PROVIDED, That upon agreement by all parties to waive 

hearing, the commission shall forthwith enter its order. 

No railroad shall be required to install any such signal or other warning device until the public 

body involved has either paid or executed its promise to pay to the railroad its portion of the 

estimated cost thereof. 

Nothing in this section shall be deemed to foreclose the right of the interested parties to enter 

into an agreement, franchise, or permit arrangement providing for the installation of signals or 

other warning devices at any such crossing or for the apportionment of the cost of installation 

and maintenance thereof, or compliance with an existing agreement, franchise, or permit 

arrangement providing for the same. 

The hearing and determinations authorized by this section may be instituted by the commission 

on its own motion, and the proceedings, hearing, and consequences thereof shall be the same as 

for the hearing and determination of any petition authorized by this section. 

No part of the record, or a copy thereof, of the hearing and determination provided for in this 

section and no finding, conclusion, or order made pursuant thereto shall be used as evidence in 

any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to 
389 

installation of signals or other warning devices pursuant to an order of the commission as a result 

of any such investigation. 

Any order entered by the utilities and transportation commission under this section shall be 

subject to review, supersedeas, and appeal as provided in chapter 34.05 RCW. 

Nothing in this section shall be deemed to relieve any railroad from liability on account of failure 

to provide adequate protective devices at any such crossing. 

Wash. Rev. Code Ann. § 81.53.261 (West 2021) 

§ 81.53.271. Crossing signals, warning devices--Petition contents--Apportionment of 

installation and maintenance costs 

The petition shall set forth by description the location of the crossing or crossings, the type of 

signal or other warning device to be installed, the necessity from the standpoint of public safety 

for such installation, the approximate cost of installation and related work, and the approximate 

annual cost of maintenance. If the commission directs the installation of a grade crossing 

protective device, and a federal-aid funding program is available to participate in the costs of 

such installation, installation and maintenance costs of the device shall be apportioned in 

accordance with the provisions of RCW 81.53.295. Otherwise if installation is directed by the 

commission, it shall apportion the cost of installation and maintenance as provided in this 

section: 

Wash. Rev. Code Ann. § 81.53.271 (West 2021) Excerpt from applicable statute published. 

§ 81.53.275. Crossing signals, warning devices--Apportionment when funds not available 

from grade crossing protective fund 

In the event funds are not available from the grade crossing protective fund, the commission 

shall apportion to the parties on the basis of the benefits to be derived by the public and the 

railroad, respectively, that part of the cost which would otherwise be assigned to the fund: 

PROVIDED, That in such instances the city, town, county or state shall not be assessed more 

than sixty percent of the total cost of installation on other than federal aid designated highway 

projects: AND PROVIDED FURTHER, That in such instances the entire cost of maintenance 

shall be apportioned to the railroad. 

Wash. Rev. Code Ann. § 81.53.275 (West 2021) 

*§ 81.53.281. Crossing signals, warning devices--Grade crossing protective fund--Use and 

transfer of funds--Allocation of costs--Procedure--Federal funding 

There is hereby created in the state treasury a “grade crossing protective fund” to carry out the 

provisions of RCW 81.53.261, 81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants and/or 

subsidies to public, private, and nonprofit entities for rail safety projects authorized or ordered by 

the commission; and for personnel and associated costs related to supervising and administering 

rail safety grants and/or subsidies. During the 2013-2015 fiscal biennium, funds in this account 

may also be used to conduct the study required under section 102, chapter 222, Laws of 2014. 

The commission shall transfer from the public service revolving fund's miscellaneous fees and 

penalties accounts moneys appropriated for these purposes as needed. At the time the 

commission makes each allocation of cost to said grade crossing protective fund, it shall certify 

that such cost shall be payable out of said fund. When federal-aid highway funds are involved, 

the department of transportation shall, upon entry of an order by the commission requiring the 
390 

installation or upgrading of a grade crossing protective device, submit to the commission an 

estimate for the cost of the proposed installation and related work. Upon receipt of the estimate 

the commission shall pay to the department of transportation the percentage of the estimate 

specified in RCW 81.53.295, as now or hereafter amended, to be used as the grade crossing 

protective fund portion of the cost of the installation and related work. 

The commission may adopt rules for the allocation of money from the grade crossing protective 

fund. During the 2015-2017 and 2017-2019 fiscal biennia, the commission may waive rules 

regarding local matching fund requirements, maximum awards for individual projects, and other 

application requirements as necessary to expedite the allocation of money from the grade 

crossing protective fund to address underprotected grade crossings as identified by the 

commission. 

Wash. Rev. Code Ann. § 81.53.281 (West 2021) 

West Virginia (0) 

No applicable statute related to this topic 

Wisconsin (4) 

§ 86.135. Railroad highway crossings; traffic control 

All railroad companies, and their officers, agents, and employees, constructing, maintaining, or 

repairing railroad highway crossings shall comply with the traffic control provisions directed to 

the safe and expeditious movement of traffic through construction and maintenance zones and to 

the safety of the work force performing these operations contained in the manual establishing a 

uniform system of traffic control as adopted by the department under s. 84.02(4)(e). 

Wis. Stat. Ann. § 86.135 (West 2021) 

*§ 192.29. Train bells and crossing signs at street and highway crossings 

(3) Bell to ring, municipal authority. 

(b) Flagmen or gates shall be placed and maintained, or such mechanical safety appliances shall 

be installed upon such public traveled grade crossings in villages and cities as the city or village 

authorities and the railroad company may by agreement decide; such agreement may include the 

apportionment of the cost of installation of such mechanical devices. 

Wis. Stat. Ann. § 192.29 (West 2021) Excerpt from applicable statute published. 

§ 195.26. Safety devices; block system 

Every railroad and water carrier shall adopt reasonably adequate safety measures and install, 

operate and maintain reasonably adequate safety devices for the protection of life and property to 

the extent consistent with federal law. If after investigation the office shall determine that public 

safety requires it, the office may, if permitted under federal law, order a railroad to install, 

operate and maintain a block system or order a railroad or water carrier to install, operate, and 

maintain any other safety device or measure as may be necessary to render the operation of the 

railroad or water carrier reasonably safe. 

Wis. Stat. Ann. § 195.26 (West 2021) 

§ 195.28. Protecting grade crossings 
391 

(1) Petition; hearing; order. Upon petition of the department, city council, village board, town 

board, superintendent of highways or by 5 or more electors in any town, village or city, or of any 

railroad corporation or railroad historical society, to determine whether a public highway and 

railroad grade crossing protects and promotes public safety, the office may investigate and issue 

an appropriate order without a public hearing. If the petitioner, railroad, railroad historical 

society or any interested party objects to the order and requests a hearing within 20 days after the 

date that the order is issued, the office shall proceed under s. 195.04. Notice of an investigation 

or hearing shall be served upon the department, which shall be an interested party, and any 

recommendation it may file with the office at or prior to a hearing, if there is one, regarding 

crossing protection shall be considered as evidence in the proceeding. The office shall determine 

whether the existing warning devices at such crossing are adequate to protect and promote public 

safety. If the office determines, either without or after a hearing, that protection is not adequate, 

it may order the railroad company or railroad historical society to keep a flagman at the crossing 

or to install automatic signals or other suitable safety device at specific locations at such 

crossing. The office may order the relocation of existing signals and devices to improve 

protection at a crossing. Any crossing protection installed or maintained as approved by the 

office, whether by order or otherwise, shall be deemed adequate and appropriate protection for 

the crossing. 

(1m) Arterial stop signs. In any proceeding under sub. (1), the office may by order require that 

the state or municipality install at any crossing involved in such proceeding an official stop sign. 

(2) Installation costs. The cost of any signal or other crossing protection device which is ordered 

installed under sub. (1) and the cost of installing any such device shall be paid by the department 

from the appropriations under s. 20.395 (2) (gj), (gr) and (gx). 

(3) Maintenance costs. Except as otherwise provided in this subsection, the cost of maintaining 

crossing protection devices ordered under sub. (1) shall be the responsibility of the railroad or 

railroad historical society. Any railroad company or railroad historical society that incurs 

expenses for maintenance of signals or other safety devices may file a claim for reimbursement 

with the department regardless of the date of installation of the signals or devices. At the close of 

each fiscal year the department shall reimburse claimants under this subsection for 50 percent of 

the costs, as determined by the office, incurred for maintenance of railroad crossing protection 

devices from the appropriations under s. 20.395(2)(gj) and (gq). If the amount in the 

appropriations under s. 20.395(2)(gj) and (gq) is not adequate to fund maintenance 

reimbursement under this subsection, the amount shall be prorated in the manner determined by 

the office. 

(4) Previous office orders. Subsection (3) applies to maintenance costs for all crossing protection 

devices regardless of any prior order of the office apportioning maintenance costs. 

Wis. Stat. Ann. § 195.28 (West 2021) 

Wyoming (3) 

§ 31-5-113. Placement and maintenance of traffic-control devices by department 

(a) The department shall place and maintain such traffic-control devices, conforming to the 

department's manual and specifications, upon all state highways as it deems necessary to indicate 

and to carry out this act or to regulate, warn or guide traffic. 

(b) No local authority shall place or maintain any traffic-control device upon any highway under 

the jurisdiction of the highway department except with the highway department's permission. 
392 

Wyo. Stat. Ann. § 31-5-113 (West 2021) 

§ 37-10-102. Power to close or establish crossings; establishing priority for hazardous 

crossing locations 

(b) Upon application to the commission from the duly authorized agents of the cities, counties or 

other governmental entities or the affected railroad for participation under the terms of this act or 

upon its own motion when the public interest clearly indicates action should be taken, the 

commission shall consider the need from the evidence presented, availed or adduced and shall 

establish a priority rating from the applications or evidence before the commission, assigning 

priority first to the most hazardous railroad crossing locations, giving proper weight to increased 

rail traffic and to the traffic volume over such crossing with due consideration being given for 

school buses and dangerous commodities. If the commission determines there is a need for grade 

crossing protection, then they shall determine the type of crossing protection required, including 

whether the crossing is to be made at grade or a grade separation structure. If the crossing be at 

grade, the commission shall determine the kind and type of grade crossing protection signals and 

devices required. If the crossing is to be a grade separation structure, the commission shall 

determine the kind and type of grade separation structure. 

Wyo. Stat. Ann. § 37-10-102 (West 2021) Excerpt from applicable statute published. 

§ 37-10-103. Apportionment of cost of grade crossing devices and grade separation 

structures; between railroad and state, county and city government 

(a) With respect to the installation of safety devices or safety equipment at railroad-highway 

crossings, under the direction of the affected railroad, it shall be the duty of the transportation 

commission to apportion the costs and expenses of installing or reconstructing the crossings and 

safety devices between the railroads and the department of transportation or the county, city or 

other governmental entity involved in proportion to the respective benefits to be derived, and to 

make the apportionment of the costs in accordance with state and federal rules and regulations. 

Wyo. Stat. Ann. § 37-10-103 (West 2021) Excerpt from applicable statute published. 
393 

Chapter 7: Slow, Low, and Special Vehicles 

Chapter Overview 

This chapter presents an overview of state 

laws and regulations concerning slow, low, 

and special vehicles at highway-rail grade 

crossings. 

“Slow and Low Vehicles” are referred to in 

the statutes as a type of heavy equipment, 

e.g., any crawler-type tractor, steam shovel, 

derrick, roller, or any other equipment or 

structure having a normal operating speed of 

10 mph or less. Some statutes specifically 

mention 6 mph or less for this category of 

vehicles. 

“Special Vehicles,” as defined in the 

statutes, are vehicles carrying passengers for 

hire (commercial) and school buses carrying 

children. Vehicles carrying explosive 

substances, flammable materials, or other 

types of hazardous materials are also 

included in this category. 

This chapter also contains state laws and 

regulations that address “Exempt Crossings” 

at which the stopping requirements for slow, 

low, and special vehicles do not apply. 

Alabama (2) 

§ 32-5A-151. Certain vehicles must stop at all railroad grade crossings; exceptions. (Special 

Vehicles and Exempt Crossings) 

(a) Except as provided in subsection (b), the driver of any vehicle described in regulations issued 

pursuant to subsection (c), before crossing at grade any track or tracks of a railroad, shall stop 

such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and 

while so stopped shall listen and look in both directions along such track for any approaching 

train, and for signals indicating the approach of a train and shall not proceed until he or she can 

do so safely. After stopping as required herein and upon proceeding when it is safe to do so the 

driver of any said vehicle shall cross only in such gear of the vehicle that there will be no 

necessity for manually changing gears while traversing such crossing and the driver shall not 

manually shift gears while crossing the track or tracks. Nothing contained in this section is 

intended to abrogate or modify the present Alabama doctrine of “stop, look, and listen” obtaining 

in the courts of Alabama. 

(b) This section shall not apply at: 

(1) Any railroad grade crossing at which traffic is controlled by a police officer or human 

flagman; 

(2) Any railroad grade crossing at which traffic is regulated by a traffic-control signal; 

(3) Any railroad grade crossing protected by crossing gates or any alternately flashing light 

signal intended to give warning of the approach of a railroad train; 

(4) Any railroad grade crossing at which an official traffic control device gives notice that the 

stopping requirement imposed by this section does not apply. 

(c) The Director of Transportation shall adopt such regulations as may be necessary describing 

the vehicles which must comply with the stopping requirements of this section. In formulating 

such regulations the Director of Transportation shall give consideration to the number of 

passengers carried by the vehicle and the hazardous nature of any substance carried by the 

vehicle in determining whether such vehicle shall be required to stop. Such regulations shall 

correlate with and so far as possible conform to the most recent regulation of the United States 

Department of Transportation. 
394 

Ala. Code § 32-5A-151 (2021) 

§ 32-5A-152. Moving heavy equipment at railroad grade crossings. (Slow and Low 

Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

section. 

(b) Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest 

rail of such railroad and while so stopped shall listen and look in both directions along such track 

for any approaching train and for signals indicating the approach of a train, and shall not proceed 

until the crossing can be made safely. 

(c) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his or her direction. 

Ala. Code § 32-5A-152 (2021) 

Alaska (2) 

§ 02.250. Mandatory vehicle stops at railroad crossings. (Special Vehicles and Exempt 

Crossings) 

(a) Except for the driver of any motor vehicle, other than a passenger car, a taxi cab, and a 

limousine, a vehicle carrying passengers for hire, a school bus, or a vehicle carrying an explosive 

substance or a flammable liquid as a cargo or a part of a cargo or a residue of a cargo must stop 

the vehicle within the distance required in 13 AAC 02.240(a) before crossing a railroad grade. 

While stopped, the driver must listen and look in both directions along the track for an 

approaching train and for a signal indicating the approach of a train, and may not proceed until 

the driver can do so safely. The driver of a school bus approaching a railroad grade crossing shall 

activate the vehicle's amber lights for a distance not less than 300 feet before stopping at a 

railroad grade crossing. After stopping, the amber lights must be deactivated. Upon proceeding 

when safe, the driver of a vehicle must cross only in that gear of the vehicle that will not require 

changing gears while traversing the crossing, and the driver may not shift gears while crossing. 

(b) This section does not apply at 

(1) a railroad grade crossing at which traffic is directed to proceed by a police officer, an 

authorized flagman, or an official traffic-control device. 

(2) repealed 4/20/82. 

Alaska Admin. Code tit. 13, § 02.250 (2021) 

§ 02.255. Moving heavy equipment at railroad grade crossings. (Slow and Low Vehicles) 

(a) No person may drive or move a crawler-type tractor, steam shovel, derrick, roller, or 

equipment or device having a normal operating speed of 10 or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 
395 

adjacent axles or in any event of less than nine inches measured from the surface of a roadway, 

across a railroad grade crossing without first complying with this section. 

(b) Notice of an intended crossing must be given to a station agent of the railroad, and reasonable 

time must be given to the railroad to provide proper protection at the crossing. 

(c) Before making a crossing, the person operating or moving a vehicle or equipment must stop 

the vehicle or equipment and proceed as required in 13 AAC 02.240 and 13 AAC 02.250(a). No 

crossing may be made when warning is given of the immediate approach of a railroad train or 

car. If a flagman is provided by the railroad, movement over the crossing must be under his 

direction. 

Alaska Admin. Code tit. 13, § 02.255 (2021) 

Arizona (2) 

§ 28-853. Railroad grade crossing; stop required of certain vehicles; other requirements 

(Special Vehicles and Exempt Crossings) 

A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a 

railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying 

any school child or of any vehicle carrying or returning after delivery of explosive substances or 

flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less 

than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both 

directions along the track for an approaching train and for signals indicating the approach of a 

train and not proceed until the driver can do so safely. After stopping as required by this section 

and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of 

the vehicle for which there is no need to change gears while traversing the crossing and shall not 

shift gears while crossing the track or tracks. This subsection does not apply at: 

1. A crossing where a police officer or a traffic control signal directs traffic to proceed. 

2. A street railway grade crossing within a business or residence district. 

B. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless 

there is sufficient space on the other side of the railroad or rail transit crossing to accommodate 

the vehicle being driven. 

C. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless 

there is sufficient undercarriage clearance to cross the intersection without obstructing the 

through passage of a railway vehicle, including a train or a city transit vehicle. 

Ariz. Rev. Stat. Ann. § 28-853 (West 2021) 

§ 28-854. Railroad grade crossing; moving heavy equipment; exception; definition (Slow 

and Low Vehicles) 

A. A person shall not operate or move any heavy equipment on or across a track at a railroad 

grade crossing unless: 

1. Notice of the intended crossing is given to a station agent of the railroad. 

2. Before making the crossing, the person operating or moving the vehicle or equipment: 

(a) Stops the vehicle or equipment at least fifteen feet but not more than fifty feet from the 

nearest rail of the railroad. 

(b) While so stopped, listens and looks in both directions along the track for an approaching train 

and for signals indicating the approach of a train. 

3. Does not proceed until the crossing can be made safely. 
396 

B. A person shall not make a crossing pursuant to this section when a warning is given by 

automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a 

railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall 

be under the flagman's direction. 

C. This section does not apply to the normal movement of farm equipment in the regular course 

of a farm operation. 

D. For the purposes of this section, “heavy equipment” means any crawler type tractor, steam 

shovel, derrick, roller or other equipment or structure having a normal operating speed of ten 

miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of 

the distance between any two adjacent axles or in any event of less than nine inches measured 

above the level surface of a roadway. 

Ariz. Rev. Stat. Ann. § 28-854 (West 2021) 

Arkansas (3) 

*§ 27-51-703. Vehicles required to stop (Special Vehicles and Exempt Crossings) 

(a)(1) The driver of a motor vehicle carrying passengers for hire, a school bus carrying a school 

child, or a vehicle carrying explosive substances or flammable liquids as a cargo or part of a 

cargo before crossing at grade any tracks of a railroad shall: 

(A) Stop the vehicle within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail 

of the railroad; and, 

(B) While stopped as required by subdivision (a)(1)(A) of this section, listen and look in both 

directions along the track for an approaching train or other on-track equipment and for signals 

indicating the approach of a train or on-track equipment, except as provided, and shall not 

proceed until he or she can do so safely. 

(2) After stopping as required in this section and upon proceeding when it is safe to do so, the 

driver of the vehicle shall cross only in the gear of the vehicle in which there will be no necessity 

for changing gears while traversing the crossing and the driver shall not shift gears while 

crossing the tracks. 

(b) No stop need be made at any such crossing where a police officer or a traffic control signal 

directs traffic to proceed. 

(c) This section shall not apply at street railway grade crossings within a business or residential 

district. 

Ark. Code Ann. § 27-51-703 (West 2021) 

*§ 27-51-704. Explosive or flammable cargo (Special Vehicles) 

(a) The operator of a truck carrying any explosive substances or flammable liquids or gases as a 

cargo or part of a cargo shall: 

(1)Before crossing any railroad tracks, stop the vehicle within fifty feet (50′) but not less than 

fifteen feet (15′) from the nearest railroad; 

(2) While stopped as required by subdivision (a)(1) of this section shall open the door of the 

truck on the driver's side or roll down the window at least twelve inches (12′′) in order to remove 

any obstruction of the sound of a train whistle; and 

(3) Listen and look in both directions along the track for any approaching train or other on-track 

equipment or signals indicating the approach of a train or other on-track equipment and shall 

proceed to cross the tracks only after he or she has determined that it is safe to do so. 
397 

(b)(1) Any operator of a truck who fails to comply with the provisions of this section shall be 

guilty of a misdemeanor. 

(2)(A)(i) Upon a first conviction, the operator shall be fined not less than one hundred dollars 

($100) nor more than three hundred dollars ($300). 

(ii) In addition, the chauffeur's license of the operator shall be suspended for a period of thirty 

(30) days. 

(B)(i) For a second offense, the operator shall be fined not less than one hundred dollars ($100) 

nor more than three hundred dollars ($300). 

(ii) In addition, that person's chauffeur's license shall be suspended for a period of one (1) year. 

Ark. Code Ann. § 27-51-704 (West 2021) 

*§ 27-51-705. Moving certain equipment--Restrictions (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of up to ten miles per hour (10 m.p.h.) or 

a vertical body or load clearance of less than one-half inch ( 1⁄2 ′′) per foot of the distance 

between any two (2) adjacent axles or, in any event, of less than nine inches (9′′), measured 

above the level surface of a roadway, upon or across any tracks at a railroad grade crossing 

without first complying with this section. 

(b) Notice of any intended crossing shall be given to a station agent of the railroad, and a 

reasonable time shall be given to the railroad to provide proper protection at the crossing. 

(c) Before making any crossing, the person operating or moving a such vehicle or equipment 

described in subsection (a) of this section shall: 

(1) First stop it not less than fifteen feet (15′) nor more than fifty feet (50′) from the nearest rail 

of the railroad; and 

(2) While stopped that person shall listen and look in both directions along the tracks for any 

approaching train or other on-track equipment and for signals indicating the approach of a train 

or other on-track equipment and shall not proceed until the crossing can be made safely. 

(d)(1) No crossing shall be made when warning is given by automatic signal or crossing gates or 

a flagger or otherwise of the immediate approach of a railroad train or car or other on-track 

equipment. 

(2) If a flagger is provided by the railroad, movement over the crossing shall be under his or her 

direction. 

Ark. Code Ann. § 27-51-705 (West 2021) 

California (2) 

Slow and Low Vehicles 

No applicable statute related to this topic 

§ 13201. Certain misdemeanors 

A court may suspend, for not more than six months, the privilege of a person to operate a motor 

vehicle upon conviction of any of the following offenses: 

(c) Failure of the driver of a vehicle to stop at a railway grade crossing as required by Section 

22452. 

Cal. Veh. Code § 13201 (West 2021) Excerpt from applicable statute published. 
398 

*§ 22452. Railroad crossings (Special Vehicles and Exempt Crossings) 

(a) Subdivisions (b) and (d) apply to the operation of the following vehicles: 

(1) A bus or farm labor vehicle carrying passengers. 

(2) A motortruck transporting employees in addition to those riding in the cab. 

(3) A schoolbus and a school pupil activity bus transporting school pupils, except as otherwise 

provided in paragraph (4) of subdivision (d). 

(4) A commercial motor vehicle transporting any quantity of a Division 2.3 chlorine, as 

classified by Title 49 of the Code of Federal Regulations. 

(5) A commercial motor vehicle that is required to be marked or placarded in accordance with 

the regulations of Title 49 of the Code of Federal Regulations with one of the following federal 

classifications: 

(A) Division 1.1. 

(B) Division 1.2, or Division 1.3. 

(C) Division 2.3 Poison gas. 

(D) Division 4.3. 

(E) Class 7. 

(F) Class 3 Flammable. 

(G) Division 5.1. 

(H) Division 2.2. 

(I) Division 2.3 Chlorine. 

(J) Division 6.1 Poison. 

(K) Division 2.2 Oxygen. 

(L) Division 2.1. 

(M) Class 3 Combustible liquid. 

(N) Division 4.1. 

(O) Division 5.1. 

(P) Division 5.2. 

(Q) Class 8. 

(R) Class Division 1.4. 

(S) A cargo tank motor vehicle, whether loaded or empty, used for the transportation of a 

hazardous material, as defined in Parts 107 to 180, inclusive, of Title 49 of the Code of Federal 

Regulations. 

(6) A cargo tank motor vehicle transporting a commodity that at the time of loading has a 

temperature above its flashpoint, as determined under Section 173.120 of Title 49 of the Code of 

Federal Regulations. 

(7) A cargo tank motor vehicle, whether loaded or empty, transporting a commodity under 

exemption in accordance with Subpart B of Part 107 of Title 49 of the Code of Federal 

Regulations. 

(b) Before traversing a railroad grade crossing, the driver of a vehicle described in subdivision 

(a) shall stop that vehicle not less than 15 nor more than 50 feet from the nearest rail of the track 

and while so stopped shall listen, and look in both directions along the track, for an approaching 

train or on-track equipment and for signals indicating the approach of a train or on-track 

equipment, and shall not proceed until he or she can do so safely. Upon proceeding, the gears 

shall not be shifted manually while crossing the tracks. 

(c) The driver of a commercial motor vehicle, other than those listed in subdivision (a), upon 

approaching a railroad grade crossing, shall be driven at a rate of speed that allows the 
399 

commercial vehicle to stop before reaching the nearest rail of that crossing, and shall not be 

driven upon, or over, the crossing until due caution is taken to ascertain that the course is clear. 

(d) A stop need not be made at a crossing in the following circumstances: 

(1) Of railroad tracks running along and upon the roadway within a business or residence district. 

(2) Where a traffic officer or an official traffic control signal directs traffic to proceed. 

(3) Where an exempt sign was authorized by the Public Utilities Commission prior to January 1, 

1978. 

(4) Where an official railroad crossing stop exempt sign in compliance with Section 21400 has 

been placed by the Department of Transportation or a local authority pursuant to Section 

22452.5. This paragraph does not apply with respect to a schoolbus or to a school pupil activity 

bus transporting school pupils. 

(e) For purposes of this section, “on-track equipment” means any locomotive or any other car, 

rolling stock, equipment, or other device that, alone or coupled to others, is operated on 

stationary rails. 

Cal. Veh. Code § 22452 (West 2021) 

Colorado (2) 

§ 42-4-707. Certain vehicles must stop at railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

(1) Except as otherwise provided in this section, the driver of a school bus, as defined in 

paragraph (b) of subsection (5) of this section, carrying any schoolchild, the driver of a vehicle 

carrying hazardous materials that is required to be placarded in accordance with regulations 

issued pursuant to section 42-20-108, or the driver of a commercial vehicle, as defined in section 

42-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad, shall 

stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such 

railroad and while so stopped shall listen and look in both directions along such track for any 

approaching train and for signals indicating the approach of a train and shall not proceed until the 

driver can do so safely. After stopping as required in this section and upon proceeding when it is 

safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there 

will be no necessity for changing gears while traversing such crossing, and the driver shall not 

manually shift gears while crossing the tracks. 

(2) This section shall not apply at street railway grade crossings within a business district. 

(3) When stopping as required at such railroad crossing, the driver shall keep as far to the right of 

the roadway as possible and shall not form two lanes of traffic unless the roadway is marked for 

four or more lanes of traffic. 

(4) Subsection (1) of this section shall not apply at: 

(a) Deleted by Laws 2006, Ch. 16, § 1, eff. July 1, 2006. 

(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; 

(c) Any railroad grade crossing at which traffic is controlled by a police officer or human 

flagperson; 

(d) Any railroad crossing where state or local road authorities within their respective 

jurisdictions have determined that trains are not operating during certain periods or seasons of 

the year and have erected an official sign carrying the legend “exempt”, which shall give notice 

when so posted that such crossing is exempt from the stopping requirement provided for in this 

section. 

(5) For the purposes of this section: 
400 

(a) The definition of hazardous materials shall be the definition contained in the rules adopted by 

the chief of the Colorado state patrol pursuant to section 42-20-108. 

(b) “School bus” means a school bus that is required to bear on the front and rear of such school 

bus the words “SCHOOL BUS” and display visual signal lights pursuant to section 42-4-

1903(2)(a). 

(6) Any person who violates any provision of this section commits a class A traffic infraction. 

Colo. Rev. Stat. Ann. § 42-4-707 (West 2021) 

§ 42-4-708. Moving heavy equipment at railroad grade crossing (Slow and Low Vehicles) 

(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or 

any equipment or structure having a normal operating speed of ten or less miles per hour or a 

vertical body or load clearance of less than nine inches above the level surface of a roadway 

upon or across any tracks at a railroad grade crossing without first complying with this section. 

(2) Notice of any such intended crossing shall be given to a superintendent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

(3) Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the 

nearest rail of such railroad, and while so stopped shall listen and look in both directions along 

such track for any approaching train and for signals indicating the approach of a train, and shall 

not proceed until the crossing can be made safely. 

(4) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagperson or otherwise of the immediate approach of a railroad train or car. 

(5) Subsection (3) of this section shall not apply at any railroad crossing where state or local road 

authorities within their respective jurisdictions have determined that trains are not operating 

during certain periods or seasons of the year and have erected an official sign carrying the legend 

“exempt”, which shall give notice when so posted that such crossing is exempt from the stopping 

requirement provided in this section. 

(6) Any person who violates any provision of this section commits a class B traffic infraction. 

Colo. Rev. Stat. Ann. § 42-4-708 (West 2021) 

Connecticut (2) 

§ 14-250. Certain motor vehicles to stop at railroad crossing. Regulations. Penalty (Special 

Vehicles) 

(a) The operator of each commercial motor vehicle transporting passengers, service bus or motor 

vehicle used for the transportation of school children and the operator of each commercial motor 

vehicle with a cargo tank or carrying hazardous materials, as defined in section 14-1, whether 

loaded or empty, before crossing at grade any track or tracks of a railroad, shall stop such vehicle 

not less than fifteen feet or more than fifty feet from the nearest rail of such track, and, while so 

stopped, shall listen and look in each direction along such track or tracks for approaching 

locomotives or trains before crossing such track or tracks; and such operator shall not, in any 

event, cross such track or tracks when warned by automatic signal, crossing gates, flagman, law 

enforcement officer or otherwise of the approach of a railroad locomotive or train. 

(b) The operator of any commercial motor vehicle shall not attempt to cross a railroad grade 

crossing if such vehicle cannot be driven completely through such crossing, without shifting 

gears, on account of insufficient undercarriage clearance. 
401 

(c) The operator of any commercial motor vehicle shall not attempt to cross a railroad grade 

crossing if such vehicle does not have sufficient space to drive completely through such crossing 

and to clear the tracks without stopping. 

(d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to 

implement the provisions of this section, including exemptions for certain crossings and vehicles 

that are allowed by the provisions of 49 CFR 392.10. 

(e) Any person who violates any provision of subsection (a) of this section shall be fined not less 

than one hundred fifty dollars or more than two hundred fifty dollars. Violation of any provision 

of subsection (b) or (c) of this section shall be an infraction. 

Conn. Gen. Stat. Ann. § 14-250 (West 2021) 

§ 14-281a. Speed of school buses. Display of head lamps (Special Vehicles) 

(a) Every school bus shall be operated at a safe rate of speed, consistent with the volume of 

traffic, intersections, curves, railway crossings and any other condition requiring special caution. 

The maximum speed shall not exceed fifty miles per hour on divided limited access highways 

and forty miles per hour on all other highways or, where highway signs indicate lower speeds, 

shall not exceed such posted speed limits. 

(b) Each school bus and student transportation vehicle shall display lighted head lamps while 

transporting school children. 

(c) Violation of any provision of this section shall be an infraction. 

Conn. Gen. Stat. Ann. § 14-281a (West 2021) 

Delaware (3) 

*§ 4163. Certain vehicles must stop at all railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

(a) Except as provided by subsection (b) of this section, the driver of any motor vehicle carrying 

passengers for hire or of any vehicle carrying explosive substances or flammable liquids as a 

cargo or part of a cargo, before crossing at any grade or any track of a railroad, shall stop such 

vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while 

stopped, shall listen and look in both directions along such track for any approaching train or 

other on-track equipment and for signals indicating the approach of a train or other on-track 

equipment, and may not proceed until the driver can do so safely. After stopping as required by 

this subsection, and upon proceeding when it is safe to do so, the driver of any vehicle referenced 

in this subsection shall cross only in such gear of the vehicle that there will be no necessity for 

changing gears while traversing such crossing, and the driver may not shift gears while crossing 

the track. 

(b) Subsection (a) of this section does not apply at any of the following: 

(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger. 

(2) A railroad grade crossing at which traffic is regulated by a traffic-control signal. 

(3) A railroad grade crossing protected by crossing gates or an alternately flashing light signal 

intended to give warning of the approach of a railroad train or other on-track equipment. 

(4) A railroad grade crossing at which an official traffic-control device gives notice that the 

stopping requirement imposed by this section does not apply. 

(c) Except as provided by subsection (d) of this section, the driver of any school bus, before 

crossing at any grade or any track of a railroad, shall stop such vehicle within 50 feet but not less 
402 

than 15 feet from the nearest rail of such railroad and while stopped, shall listen and look in both 

directions along such track for any approaching train or other on-track equipment and for signals 

indicating the approach of a train or other on-track equipment, and may not proceed until the 

driver can do so safely. After stopping as required by this subsection, and upon proceeding when 

it is safe to do so, the driver of any school bus may cross only in such gear of the vehicle that 

there will be no necessity for changing gears while traversing such crossing, and the driver may 

not shift gears while crossing the track. 

(d) Subsection (c) of this section shall not apply at any of the following: 

(1) A railroad grade crossing at which traffic is controlled by a police officer or human flagger. 

(2) A railroad grade crossing at which an official traffic-control device gives notice that the 

stopping requirement imposed by this section does not apply. 

Del. Code Ann. tit. 21, § 4163 (West 2021) 

*§ 4163A. Railroad crossing violations for operators of commercial vehicles only (Special 

Vehicles) 

In addition to the existing railroad crossing violations in § 4163 of this title, the following 

railroad crossing infractions apply to commercial motor vehicle operators: 

(1) Every commercial motor vehicle operator other than those listed in § 4163 of this title shall, 

upon approaching a railroad-highway grade crossing, do all of the following: 

a. Slow down and check that the tracks are clear of an approaching train or other on-track 

equipment. 

b. Stop before reaching the crossing if the tracks are not clear. 

(2) The driver of a commercial motor vehicle shall obey a traffic control device and comply with 

a lawful order or direction of a police officer or other enforcement official who is guiding, 

directing, controlling, or regulating traffic at a railroad-highway grade crossing. 

(3) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing 

unless the vehicle has sufficient undercarriage clearance. 

(4) The driver of a commercial motor vehicle may not cross a railroad-highway grade crossing 

unless the vehicle has sufficient space and can be driven completely through the crossing without 

stopping. 

Del. Code Ann. tit. 21, § 4163A (West 2021) 

§ 4167. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any 

equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical 

body or load clearance of less than 1⁄2 inch per foot of the distance between any 2 adjacent axles 

or in any event of less than 9 inches, measured above the level surface of a roadway, upon or 

across any tracks at a railroad grade crossing without first complying with this section. 

(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

(c) Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest 

rail of such railroad and while so stopped shall listen and look in both directions along such track 

for any approaching train and for signals indicating the approach of a train and shall not proceed 

until the crossing can be made safely. 
403 

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is 

provided by the railroad, movement over the crossing shall be under the flagger's direction. 

Del. Code Ann. tit. 21, § 4167 (West 2021) 

District of Columbia (1) 

Slow and Low Vehicles 

No applicable statute related to this topic 

§ 50-405.01. Commercial motor vehicle operation; additional requirements, violation, 

adjudication. (Special Vehicles) 

(a) No person while operating a commercial motor vehicle shall: 

(1) Fail to slow down and stop before reaching a railroad crossing to check that railroad tracks 

are clear of an approaching train; 

(2) Fail to leave sufficient space to drive through a railroad crossing without stopping; 

(3) Fail to obey a traffic control device or the directions of an enforcement official at a railroad 

crossing; 

(4) Fail to negotiate a railroad crossing because of insufficient undercarriage clearance; 

(5) Violate an out-of-service order, or 

(6) Have an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 

liters of breath, or per 67 milliliters of urine. 

(b) Any person found in violation of any provision of subsection (a) of this section shall be fined 

$300 for each offense, but no traffic points shall be assessed. 

(c) Violations of subsection (a) of this section shall be adjudicated as moving violations pursuant 

to Chapter 23 of this title. 

D.C. Code Ann. § 50-405.01 (West 2021) 

Florida (2) 

§ 316.159. Certain vehicles to stop or slow at all railroad grade crossings (Special Vehicles 

and Exempt Crossings) 

(1) The driver of any motor vehicle carrying passengers for hire, excluding taxicabs, of any 

school bus carrying any school child, or of any vehicle carrying explosive substances or 

flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a 

railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of 

the railroad and, while so stopped, shall listen and look in both directions along the track for any 

approaching train, and for signals indicating the approach of a train, except as hereinafter 

provided, and shall not proceed until he or she can do so safely. After stopping as required herein 

and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a 

gear of the vehicle so that there will be no necessity for changing gears while traversing the 

crossing, and the driver shall not shift gears while crossing the track or tracks. 

(2) No stop need be made at any such crossing where a police officer, a traffic control signal, or 

a sign directs traffic to proceed. However, any school bus carrying any school child shall be 

required to stop unless directed to proceed by a police officer. 
404 

(3) The driver of any commercial motor vehicle that is not required to stop under subsection (1) 

or subsection (2) shall slow the motor vehicle before crossing the tracks of any railroad grade 

crossing and check that the tracks are clear of an approaching train. 

(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving 

violation as provided in chapter 318. 

Fla. Stat. Ann. § 316.159 (West 2021) 

§ 316.170. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller, or 

any equipment or structure having a normal operating speed of 10 or less miles per hour or a 

vertical body or load clearance of less than 1⁄2 inch per foot of the distance between any two 

adjacent axles or in any event of less than 9 inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

section. 

(2) Notice of any such intended crossing shall be given to a station agent or other proper 

authority of the railroad, and a reasonable time shall be given to the railroad to provide proper 

protection at the crossing. 

(3) Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest 

rail of the railroad and while so stopped shall listen and look in both directions along the track 

for any approaching train and for signals indicating the approach of a train, and shall not proceed 

until the crossing can be made safely. 

(4) No such crossing shall be made when warning is being given by automatic signal or crossing 

gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is 

provided by the railroad, movement over the crossing shall be under his or her direction. 

(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving 

violation as provided in chapter 318. 

Fla. Stat. Ann. § 316.170 (West 2021) 

Georgia (2) 

§ 40-6-142. Certain vehicles must stop at all railroad crossings (Special Vehicles and 

Exempted Crossings) 

(a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle 

carrying passengers for hire, any bus, whether or not operated for hire, or of any school bus, 

whether carrying any school children or empty, or of any vehicle carrying any hazardous 

material listed in Section 392.10 of Title 49 of the Code of Federal Regulations as those 

regulations currently exist or as they may in the future be amended or in regulations adopted by 

the commissioner of public safety, before crossing at grade any track or tracks of a railroad, shall 

stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad 

and while so stopped shall listen and look in both directions along such track for any 

approaching train and for signals indicating the approach of a train and shall not proceed until he 

or she can do so safely. After stopping as required in this Code section and upon proceeding 

when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle 

that there will be no necessity for changing gears while traversing such crossing, and the driver 

shall not shift gears while crossing the track or tracks. 
405 

(b) No stop need be made at any such crossing where: 

(1) Traffic is directed to proceed by a police officer, a firefighter, or a railroad flagman; 

(2) A traffic-control signal directs traffic to proceed; 

(3) The highway crosses an abandoned railroad track which is marked with a sign indicating its 

abandoned status, where such signs are erected by or under the direction of the local or state 

authority having jurisdiction over the highway; or 

(4) The highway crosses an industrial siding or spur track marked “exempt,” where such signs 

are erected by or under the direction of the local or state authority having jurisdiction over the 

highway. 

Ga. Code Ann. § 40-6-142 (West 2021) 

§ 40-6-143. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(a) No person shall operate or move a crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten miles per hour or less or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

Code section. 

(b) Notice of any such intended crossing shall be given to a station agency of such railroad and a 

reasonable time shall be given to such railroad to provide proper protection at such crossing. 

(c) Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop it not less than 15 feet nor more than 50 feet from the nearest rail of 

such railroad and while so stopped shall listen and look in both directions along such track for 

any approaching train and for signals indicating the approach of a train and shall not proceed 

until the crossing can be made safely. 

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his direction. 

Ga. Code Ann. § 40-6-143 (West 2021) 

Hawaii (1) 

Slow and Low Vehicles 

No applicable statute related to this topic 

§ 291C-93. Certain vehicles must stop at all railroad crossings (Special Vehicles and 

Exempt Crossings) 

(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying 

any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such 

vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and 

while so stopped shall listen and look in both directions along the track for any approaching 

train, and for signals indicating the approach of a train, except as hereinafter provided, and if a 

train is approaching, and is approximately within fifteen hundred feet of the crossing, shall not 

proceed until after the train has passed. After stopping as required herein and determining that no 

train is approaching, the driver of any such vehicle shall cross only in such gear of the vehicle 
406 

that there will be no necessity for changing gears while traversing the crossing and the driver 

shall not shift gears while crossing the track or tracks. 

(b) No stop need be made at any such crossing where a police officer or a traffic-control signal 

directs traffic to proceed. 

(c) This section shall not apply at street-railway grade crossings within a business or residence 

district. 

Haw. Rev. Stat. Ann. § 291C-93 (West 2021) 

Idaho (2) 

§ 33-1508. Operation of school buses (Special Vehicles) 

(1) All school buses shall at all times be operated in conformity with law and with rules of the 

Idaho state police and the state board of education. 

(2) No school bus shall: 

(a) Cross any railroad track, or enter or cross any arterial highway without first coming to a full 

stop. If any such crossing, intersection or access be obscured by trees, buildings or other objects, 

or because of wind, storm or fog, the school bus driver shall open such windows and doors as 

will permit him to determine when it is safe to proceed; 

(b) Be operated at any time for the transportation of pupils by any person who does not have a 

current commercial driver's license (CDL) as specified in section 49-105, Idaho Code, and the 

minimum training for bus drivers as prescribed by the state board of education; 

(c) Be operated at any time in excess of its maximum occupancy as determined by the 

manufacturer. Occupancy at no time shall exceed three (3) persons in a seat. 

Idaho Code Ann. § 33-1508 (West 2021) 

*§ 49-650. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or 

any equipment or structure having a normal operating speed of ten (10) or less miles per hour or 

a vertical body or load clearance of less than one-half ( 1⁄2 ) inch per foot of the distance between 

any two (2) adjacent axles or in any event of less than nine (9) inches, measured above the level 

surface of a highway, upon or across any tracks at a railroad grade crossing without first 

complying with this section. 

(2) Notice of intended crossing shall be given to a station agent of the railroad and a reasonable 

time be given to the railroad to provide proper protection at the crossing. 

(3) Before making the crossing, the person operating or moving the vehicle or equipment shall 

first stop not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of the 

railroad and while so stopped shall listen and look in both directions along the track for any 

approaching train or other on-track equipment or for signals indicating the approach of a train or 

other on-track equipment, and shall not proceed until the crossing can be made safely. 

(4) No crossing shall be made when warning is given by automatic signal, crossing gates, a 

flagman, or otherwise of the immediate approach of a railroad train, car, or other on-track 

equipment. If a flagman is provided by the railroad, movement over the crossing shall be under 

his direction. 

Idaho Code Ann. § 49-650 (West 2021) 

Illinois (2) 
407 

§ 5/11-1202. Certain vehicles must stop at all railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

§ 11-1202. Certain vehicles must stop at all railroad grade crossings. 

(a) The driver of any of the following vehicles shall, before crossing a railroad track or tracks at 

grade, stop such vehicle within 50 feet but not less than 15 feet from the nearest rail and, while 

so stopped, shall listen and look for the approach of a train or railroad track equipment and shall 

not proceed until such movement can be made with safety: 

1. Any second division vehicle carrying passengers for hire; 

2. Any bus that meets all of the special requirements for school buses in Sections 12-801, 12-

803, and 12-805 of this Code. The driver of the bus, in addition to complying with all other 

applicable requirements of this subsection (a), must also (i) turn off all noise producing 

accessories, including heater blowers, defroster fans, auxiliary fans, and radios, and (ii) open the 

service door and driver's window, before crossing a railroad track or tracks; 

3. Any other vehicle which is required by Federal or State law to be placarded when carrying as 

a cargo or part of a cargo hazardous material as defined in the “Illinois Hazardous Materials 

Transportation Act”.

After stopping as required in this Section, the driver shall proceed only in a gear not requiring a 

change of gears during the crossing, and the driver shall not shift gears while crossing the track 

or tracks. 

(b) This Section shall not apply: 

1. At any railroad grade crossing where traffic is controlled by a police officer or flagperson; 

2. At any railroad grade crossing controlled by a functioning traffic-control signal transmitting a 

green indication which, under law, permits the vehicle to proceed across the railroad tracks 

without slowing or stopping, except that subsection (a) shall apply to any school bus; 

3. At any streetcar grade crossing within a business or residence district; or 

4. At any abandoned, industrial or spur track railroad grade crossing designated as exempt by the 

Illinois Commerce Commission and marked with an official sign as authorized in the State 

Manual on Uniform Traffic Control Devices for Streets and Highways. 

625 Ill. Comp. Stat. Ann. 5/11-1202 (West 2021) 

§ 5/11-1203. Moving heavy equipment at railroad grade crossing (Slow and Low Vehicles) 

§ 11-1203. Moving heavy equipment at railroad grade crossing. 

(a) No person shall operate or move any crawler-type tractor, power shovel, derrick, roller, or 

any equipment or structure having a normal operating speed of 10 or less miles per hour, or, for 

such equipment with 18 feet or less distance between two adjacent axles, having a vertical body 

or load clearance of less than 9 inches above a level surface, or, for such equipment with more 

than 18 feet between two adjacent axles, having a vertical body or load clearance of less than 1⁄2 

inch per foot of distance between such adjacent axles above a level surface upon or across any 

tracks at a railroad grade crossing without first complying with this Section. 

(b) Notice of any such intended crossing shall be given to a superintendent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

(c) Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest 

rail of such railway and while so stopped shall listen and look in both directions along such track 

for any approaching train or railroad track equipment and for signals indicating the approach of a 

train or railroad track equipment, and shall not proceed until the crossing can be made safely. 
408 

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train, railroad track 

equipment, or car. 

625 Ill. Comp. Stat. Ann. 5/11-1203 (West 2021) 

Indiana (2) 

§ 9-21-8-40 Heavy equipment or structures; railroad grade crossings; notice; procedure 

(Slow and Low Vehicles) 

Sec. 40. (a) A person may not operate or move a caterpillar tractor, steam shovel, derrick, roller, 

or any equipment or structure weighing more than ten (10) tons and having a normal operating 

speed of not more than six (6) miles per hour or a vertical body or load clearance of less than 

nine (9) inches above the level surface of a roadway upon or across tracks at a railroad grade 

crossing without first complying with this section. 

(b) Notice of an intended crossing under this section shall be given to a superintendent of the 

railroad, and a reasonable time shall be given to the railroad to provide proper protection at the 

crossing. 

(c) Before making a crossing under this section, the person operating or moving a vehicle or 

equipment described in subsection (a) shall first stop the vehicle or equipment not less than ten 

(10) feet and not more than fifty (50) feet from the nearest rail or the railway. While stopped, the 

person shall listen and look in both directions along the track for an approaching train or other 

on-track equipment and for signals indicating the approach of a train or other on-track 

equipment. The person shall not proceed until the crossing can be made safely. 

(d) A crossing may not be made when warning is given by automatic signal, crossing gates, a 

flagman, or otherwise of the immediate approach of a railroad train or other on-track equipment. 

Ind. Code Ann. § 9-21-8-40 (West 2021) 

*§ 9-21-12-5 Railroad crossings; duty to stop (Special Vehicles and Exempt Crossings) 

Sec. 5. (a) This section does not apply to the following: 

(1) A street railway grade crossing within a business or residence district. 

(2) Abandoned or unused railroad grade crossings that are: 

(A) designated by the Indiana department of transportation under IC 8-6-15-2; and 

(B) marked with a “tracks out of service” sign that complies with the requirements of IC 8-6-15-

3. 

(b) A person who drives: 

(1) a motor vehicle, not including a school or private bus, carrying passengers for hire; 

(2) a school or private bus that is carrying passengers; or 

(3) a vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo; 

shall, before crossing at grade a track of a railroad, stop the vehicle not more than fifty (50) feet 

and not less than fifteen (15) feet from the nearest rail of the railroad. 

(c) While stopped in accordance with subsection (b), the person shall do the following: 

(1) Listen through an open window or door. 

(2) Look in both directions along the track for an approaching train or other on-track equipment 

and for signals indicating the approach of a train or other on-track equipment. 

(3) Not proceed until the person can proceed safely. 
409 

After stopping, the person shall cross only in a gear of the vehicle so there will be no necessity 

for changing gears while traversing the crossing. The person who drives the vehicle may not shift 

gears while crossing the track or tracks. 

(d) If a police officer or traffic control signal directs traffic to proceed at a railroad crossing, the 

person who drives a vehicle subject to this section shall proceed in accordance with the 

instructions of the police officer or traffic control signal. 

(e) Except as provided in subsection (f), a person who violates this section commits a Class C 

infraction. 

(f) A person who knowingly or intentionally violates subsection (b)(2) commits a Class B 

misdemeanor. 

Ind. Code Ann. § 9-21-12-5 (West 2021) 

Iowa (3) 

§ 321.343. Certain vehicles must stop (Special Vehicles and Exempt Crossings) 

1. The driver of a motor vehicle carrying passengers for hire, a school bus, or a vehicle carrying 

hazardous material and required to stop before driving across a railroad track by motor carrier 

safety rules adopted under section 321.449, before driving across at grade any track of a railroad, 

shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail. While 

stopped, the driver shall listen and look in both directions for an approaching railroad train or 

railroad track equipment, and for signals indicating the approach of a railroad train or railroad 

track equipment, and shall not proceed until the driver can do so safely. 

2. The driver of a commercial motor vehicle shall comply with all of the following provisions 

that apply to the driver: 

a. If the driver is not always required to stop at a railroad crossing, slow down when approaching 

the crossing and check that the railroad tracks are clear of an approaching railroad train or 

railroad track equipment before proceeding. 

b. If the driver is not always required to stop at a railroad crossing, stop before reaching the 

crossing if the railroad tracks are not clear. 

c. Refrain from proceeding through a railroad crossing if sufficient space is not available to drive 

completely through the crossing without stopping. 

d. Obey a traffic-control device or the directions of an enforcement official at a railroad crossing. 

e. Have sufficient undercarriage clearance before negotiating a railroad crossing. 

3. No stop need be made at a crossing where a peace officer or a traffic-control device directs 

traffic to proceed. No stop need be made at a crossing designated by an “exempt” sign. An 

“exempt” sign shall be posted only where the tracks have been partially removed on either side 

of the roadway. 

Iowa Code Ann. § 321.343 (West 2021) 

§ 321.343A. Employer violations--penalty 

An employer shall not knowingly allow, require, permit, or authorize a driver to operate a 

commercial motor vehicle in violation of section 321.341 or 321.343 or any other federal or local 

law or regulation pertaining to railroad grade crossings. An employer who violates this section 

shall be subject to a fine of not more than ten thousand dollars. 

Iowa Code Ann. § 321.343A (West 2021) 
410 

§ 321.344. Heavy equipment at crossing .(Slow and Low Vehicles/Exempt Crossings) 

1. No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of six or less miles per hour or a vertical 

body or load clearance of less than nine inches above the level surface of a roadway upon or 

across any tracks at a railroad grade crossing without first complying with this section. 

2. Notice of the intended crossing shall be given to a superintendent of the railroad, and a 

reasonable time shall be given to the railroad to provide proper protection at the crossing. 

3. Before making the crossing, the person operating or moving the vehicle or equipment shall 

first stop the vehicle or equipment not less than ten feet nor more than fifty feet from the nearest 

rail of the railroad and, while stopped, shall listen and look in both directions along the track for 

any approaching railroad train or railroad track equipment and for signals indicating the 

approach of a railroad train or railroad track equipment, and shall not proceed until the crossing 

can be made safely. 

4. No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or railroad track 

equipment. 

Iowa Code Ann. § 321.344 (West 2021) 

Kansas (2) 

§ 8-1553. Certain vehicles required to stop at railroad grade crossings; exceptions (Special 

Vehicles and Exempt Crossings) 

(a) Except as provided in subsection (b), the driver of any vehicle described in rules and 

regulations issued pursuant to subsection (c), before crossing at grade any track or tracks of a 

railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of 

such railroad and while so stopped shall listen and look in both directions along such track for 

any approaching train, and for signals indicating the approach of a train, and shall not proceed 

until such driver can do so safely. After stopping as required and upon proceeding when it is safe 

to do so, the driver of any vehicle shall cross only in such gear of the vehicle that there will be no 

necessity for manually changing gears while traversing such crossings and the driver shall not 

manually shift gears while crossing the track or tracks. 

(b) This section shall not apply at: 

(1) Any railroad grade crossing at which traffic is controlled by a police officer or human 

flagman; 

(2) any railroad grade crossing at which traffic is controlled by a functioning highway traffic 

signal transmitting a green indication which, under local law, permits a vehicle to proceed across 

the railroad tracks without slowing or stopping; 

(3) any abandoned railroad grade crossing which is marked with a sign indicating that the rail 

line is abandoned; 

(4) any industrial or spur line railroad grade crossing marked with a sign reading “Exempt.” Such 

exempt signs shall be erected only by or with the consent of the appropriate state or local 

authority; 

(5) a railroad grade crossing used exclusively for industrial switching purposes, within a business 

district defined in K.S.A. 8-1407, and amendments thereto. 

(c) The secretary of transportation, in conjunction with the state corporation commission, shall 

adopt such rules and regulations as may be necessary describing the vehicles which must comply 

with the stopping requirements of this section. Such rules and regulations shall correlate with and 
411 

so far as possible conform to the federal motor carrier safety regulations of the United States 

department of transportation. 

Kan. Stat. Ann. § 8-1553 (West 2021) 

§ 8-1554. Moving heavy equipment at railroad grade crossings; notice to railroad's station 

agent (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten (10) or less miles per hour or a 

vertical body or load clearance of less than one-half ( 1⁄2 ) inch per foot of the distance between 

any two (2) adjacent axles or in any event of less than nine (9) inches, measured above the level 

surface of a roadway, upon or across any tracks at a railroad grade crossing without first 

complying with this section. 

(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

(c) Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet 

from the nearest rail of such railroad, and while so stopped, shall listen and look in both 

directions along such track for any approaching train and for signals indicating the approach of a 

train, and shall not proceed until the crossing can be made safely. 

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under the direction of the flagman. 

Kan. Stat. Ann. § 8-1554 (West 2021) 

Kentucky (4) 

Slow and Low Vehicles 

No applicable statute related to this topic 

*§ 189.550 Vehicles used for transporting children to stop at railroad crossings (Special 

Vehicles) 

Operators of all buses and motor vehicles used for transporting children shall stop their vehicles 

before crossing any railroad when tracks are at the same level of the roadway. The stop shall be 

made not less than fifteen (15) feet nor more than fifty (50) feet from the nearest track over 

which the highway crosses, except where the crossing is protected by gates or a flagman 

employed by the railroad. After making the stop, the operator shall open the service door and 

carefully look in each direction and listen for approaching trains or other on-track equipment 

before proceeding. If visibility is impaired at the required distance for stopping under this 

section, the operator may allow the vehicle to slowly roll forward for the purpose of gaining the 

visibility necessary to safely cross the railroad tracks. 

Ky. Rev. Stat. Ann. § 189.550 (West 2021) 

*§ 189.565 Operator of motor vehicle used in transporting inflammable liquids or 

explosives to stop vehicle at railroad crossings; exceptions (Special Vehicles) 

The operator of any motor vehicle used in the transportation of inflammable liquids or explosives 

shall stop such motor vehicle before crossing at grade the main track of any railroad or 
412 

interurban electric railway, except where the crossing is a guarded crossing protected by gates or 

a flag controlled crossing or operated by an employee of the railroad or interurban company. The 

stop shall be made no closer than a marked stop line or fifteen (15) feet, nor more than thirty (30) 

feet, from the nearest track to be crossed. After making the stop, the operator shall look carefully 

in each direction and shall not start his vehicle until he has ascertained that no cars, trains, or 

other on-track equipment are approaching in either direction. 

Ky. Rev. Stat. Ann. § 189.565 (West 2021) 

*§ 281.745 Passenger vehicles required to stop at railroad crossings (Special Vehicles) 

The driver of any motor vehicle used in the transportation of passengers for hire shall stop such 

motor vehicle before crossing at grade the main track of any railroad, except where the crossing 

is a guarded crossing protected by gates or a flag controlled or operated by an employee of the 

railroad company. The stop shall be made at not less than ten (10) feet nor more than thirty (30) 

feet from the nearest track to be crossed. After making the stop, the driver shall look carefully in 

each direction for approaching cars or trains, and shall not start his or her vehicle until he or she 

has ascertained that no cars or trains are approaching in each direction. 

Ky. Rev. Stat. Ann. § 281.745 (West 2021) 

*§ 281.990 Penalties 

(1) Except as provided in subsection (4) of this section, a person shall be fined not less than 

twenty-five dollars ($25) and no more than two hundred dollars ($200), if the person: 

(a) Violates, causes, aids, or abets any violation of the provisions of this chapter, or any order, 

rule, or administrative regulation lawfully issued pursuant to authority granted by this chapter; 

(b) Knowingly makes any false or erroneous statement, report, or representation to the 

Department of Vehicle Regulation with respect to any matter placed under the jurisdiction of the 

department by this chapter; 

(c) Knowingly makes any false entry in the accounts or records required to be kept pursuant to 

the authority granted by this chapter; or 

(d) Knowingly fails to keep, or knowingly destroys or mutilates, any accounts or records. 

Every device to evade or to prevent the application of any provision of this chapter, or any lawful 

order, rule or administrative regulation of the department issued pursuant thereto, shall constitute 

a violation thereof. 

(2) (a) Any person who violates KRS 281.630(1) or 281.631(1) shall be fined not less than five 

hundred dollars ($500) nor more than three thousand five hundred dollars ($3,500). 

(b) Any person who operates as a motor carrier in violation of the terms of his or her certificate 

or motor carrier vehicle license shall be fined not less than five hundred dollars ($500) nor more 

than three thousand five hundred dollars ($3,500). 

(3) A person who violates KRS 281.630(9) shall not be subject to a penalty under this section. 

(4) (a) Except as provided in this subsection, any person who violates KRS 281.757 shall be 

fined two hundred fifty dollars ($250) for each offense. 

(b) A person who is cited for a violation of KRS 281.757 in which the lights were inoperable or 

the reflectors were missing may, within thirty (30) days from the date of the citation, provide 

proof to the county attorney of the county in which the offense occurred that the mechanical 

problem has been repaired and that the lights are in working order or that the required reflectors 

have been placed on the vehicle. If such proof is shown, the citation shall be dismissed. 
413 

(c) A law enforcement officer and the department shall not issue a citation to a person as 

violating KRS 281.757 if the atmospheric conditions all motorists were subjected to at the time 

the person is stopped reasonably limit the ability of a person to keep the vehicle's lights or 

reflectors from being obscured by dirt, mud, or debris. 

Ky. Rev. Stat. Ann. § 281.990 (West 2021) 

Louisiana (3) 

§ 173.1. Railroad grade crossings; stopping required (Special Vehicles) 

A. All buses transporting passengers and all commercial motor vehicles who are required to 

abide by 49 CFR Part 392.10, as amended, relative to methods by which a commercial motor 

vehicle carrying certain materials and buses transporting passengers, shall stop at railroad grade 

crossings within fifty feet of, and not closer than fifteen feet to, the tracks; thereafter, the driver 

shall listen and look in each direction along the tracks for an approaching train and ascertain that 

no train is approaching. When it is safe to do so, the driver may drive the commercial motor 

vehicle or bus across the tracks in a gear that permits the commercial motor vehicle to complete 

the crossing without a change of gears. 

B. Notwithstanding any provision of law to the contrary, the driver of any motor vehicle carrying 

passengers for hire, or of any school bus whether carrying any school child or not, before 

crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet, but not 

less than fifteen feet, from the nearest rail of such railroad and while so stopped shall listen and 

look in both directions along such track for any approaching train, and for signals indicating the 

approach of a train, except as hereinafter provided, and shall not proceed until he can do so 

safely. After stopping as required herein and upon proceeding, when it is safe to do so, the driver 

of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for 

changing gears while traversing such crossing, and the driver shall not shift gears while crossing 

the track or tracks. 

C. The driver of any school bus, in addition to the requirements of Subsection B of this Section, 

after coming to a complete stop, shall open the door of the school bus and shall leave it open 

while ascertaining that no train or other vehicle is approaching on the railroad track from either 

side and until immediately prior to proceeding over the railroad crossing. 

La. Stat. Ann. § 32:173.1 (2021) 

§ 174. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

Section. 

B. Notice of any such intended crossing shall be given to a station agent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

C. Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the 

nearest rail of such railroad and while so stopped shall listen and look in both directions, and 

shall not proceed until the crossing can be made safely. 
414 

D. No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his direction. 

La. Stat. Ann. § 32:174 (2021) 

§ 251. Permission for operation; crossing railroad grade crossings; markings (Special 

Vehicles and Exempt Crossings) 

A. The owner or operator of a vehicle transporting flammable liquids shall not, except where he 

is protected by a flagman then on duty, cross any railroad without coming to a full stop, before 

reaching it, in such manner and for such time as to make certain that no train or other facility is 

approaching, as provided in R.S. 32:173. If the vehicle is transporting explosives, the operator 

shall proceed across the tracks only under the protection of a competent flagman furnished by the 

owner or himself. Under no circumstances whatever shall any vehicle transporting explosives 

carry as part of its load any other commodity or thing. 

B. The commissioner is authorized to adopt regulations concerning the markings and 

identification of vehicles transporting explosives and flammable liquids. 

La. Stat. Ann. § 32:251 (2021) 

Maine (2) 

*§ 2076. Railroad or grade crossings (Special Vehicles and Exempt Crossings) 

1. Reduction of speed at crossing. An operator of a motor vehicle passing a sign provided for in 

Title 23, sections 1251 and 1252 shall, at a distance of 100 feet from the nearest rail of the 

crossing reduce the vehicle speed to a reasonable and proper rate, observe in each direction and 

proceed cautiously over the crossing. 

2. Warning devices. An operator of a motor vehicle approaching a railroad crossing shall do so in 

a manner so that the operator will be able to stop if necessary. The operator shall stop the vehicle 

not less than 15 feet and not more than 50 feet from the nearest rail of the railroad track and may 

not proceed if: 

A. A clearly visible electric or mechanical signal device warns of the approach of a train; 

B. A crossing gate is lowered or a flagger gives or continues to give a signal or warning of the 

approach or passage of a train; 

C. A train is visible and is in hazardous proximity to the crossing; or 

D. A sign, device or law requires the vehicle to stop. 

A vehicle may proceed across the track when the gates have been raised, the flagger indicates 

that no train is approaching or, if there is an electric or mechanical signal device, the operator has 

ascertained that no train is approaching. An operator proceeding by an electric or mechanical 

signal device shall use extra caution. 

3. Required stops. A person operating any of the following vehicles shall stop the vehicle at a 

grade crossing between 50 feet and 15 feet from the nearest rail, listen, look in each direction 

along the tracks for an approaching train and ascertain that no train is approaching: 

A. A bus transporting passengers; 

B. A motor vehicle transporting any quantity of chlorine; 

C. A motor vehicle that, in accordance with 49 Code of Federal Regulations, Part 172, Subpart F, 

is required to be marked or placarded; 

D. A cargo tank vehicle, whether loaded or empty, used to transport: 
415 

(1) A hazardous material as defined in 49 Code of Federal Regulations, Parts 170 to 189; or 

(2) A commodity under special permit in accordance with the provisions of the Code of Federal 

Regulations; or 

E. A cargo tank vehicle transporting a commodity that at the time of loading has a temperature 

above its flash point as determined by 49 Code of Federal Regulations, Part 173.115. 

3-A. Yield at grade crossing. The operator of any of the vehicles listed in subsection 3 shall yield 

at a grade crossing to an approaching train. 

4. Exceptions. An operator is not required to stop under this section: 

A. At a streetcar crossing or railroad tracks used exclusively for industrial switching purposes, 

within a business district; 

B. When a law enforcement officer or crossing flagger directs traffic to proceed; 

C. At an abandoned crossing that is marked with a sign indicating that the rail line is abandoned; 

or 

D. At an industrial or spur line railroad grade crossing marked with a sign reading “exempt.” An 

“exempt” sign must be erected by or with the consent of the Department of Transportation. 

5. Penalty. The following penalties apply to violations of this section. 

A. An operator failing to comply with the requirements of subsection 1 or 2 commits a traffic 

infraction. 

B. An operator who fails to comply with subsection 3 commits a Class E crime, which is a strict 

liability crime as defined in Title 17-A, section 34, subsection 4-A. 

C. An operator commits a Class D crime if that operator is required to stop under subsection 3 

and fails to stop for or yield the right-of-way to a train, engine or conveyance on the track. This 

crime is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 

6. Abandoned or exempt crossings. The department may exempt a crossing after providing 

written notice within 30 days to the railroad and municipality in which the crossing is located or, 

after hearing, if requested within 30 days either by the railroad, municipality or 10 or more 

residents of the State. For each exempt crossing, the department may order and impose safety 

provisions as it determines expedient or necessary. For any exempt crossing that does not have 

automatic warning devices, the engineer shall stop the train prior to entering the crossing, and a 

member of the train crew shall stop all motor vehicle traffic prior to flagging the train through 

the crossing. For an exempt crossing with automatic warning devices, the engineer shall stop the 

train prior to entering the crossing and determine that all motor vehicle traffic has come to a stop 

prior to proceeding. Any exempt crossing must be posted with appropriate signs, which must be 

erected and maintained by the department. 

Me. Rev. Stat. Ann. tit. 29-A, § 2076 (2021) 

§ 2306. School buses to stop at railroad track crossings (Special Vehicles) 

1. Full stop. The operator of a school bus shall come to a full stop before crossing a railroad track 

at a point not more than 50 feet nor less than 15 feet from the nearest rail. 

2. Ensure no train. The operator shall ascertain beyond a reasonable doubt that no train, engine or 

conveyance is approaching on the track before proceeding to cross. 

3. Violation. A person commits a Class E crime if that person, while operating a school bus, fails 

to stop or yield the right-of-way as required by this section. 

4. Suspension. On conviction of failure to stop or yield to a train, an operator's permit to operate 

a school bus must be revoked by the Secretary of State for a period of not less than 2 years. 

Me. Rev. Stat. Ann. tit. 29-A, § 2306 (2021) 
416 

Maryland (3) 

*§ 21-703. Passenger vehicles or vehicles carrying hazardous materials at railroad 

crossings (Special Vehicles and Exempt Crossings) 

Application of section 

(a) Except as provided in subsection (g) of this section, this section applies to: 

(1) Every motor vehicle carrying a passenger for hire; 

(2) Every school vehicle carrying any passenger; 

(3) Every bus that is owned or operated by a church and carrying any passenger; 

(4) Every vehicle carrying as cargo a flammable liquid or an explosive; and 

(5) Every vehicle carrying hazardous materials of a type and quantity requiring placarding under 

federal hazardous materials regulations. 

Distance required at stop 

(b) If the driver of any vehicle described in subsection (a) of this section approaches a railroad 

grade crossing, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail 

in the crossing. 

Duty of driver to look and listen for approach or passage of train 

(c) If the driver of any vehicle described in subsection (a) of this section approaches a railroad 

grade crossing, the driver, while stopped, shall listen and look in both directions along the track 

for any approaching or passing railroad train and for any signals indicating the approach or 

passage of a railroad train. 

Driver allowed to proceed only when can be done safely 

(d) If the driver of any vehicle described in subsection (a) of this section approaches a railroad 

grade crossing, the driver may not proceed until he can do so safely. 

Driver required to maintain gear while passing through crossing 

(e) If the driver of any vehicle described in subsection (a) of this section approaches a railroad 

grade crossing, the driver may proceed only in that gear of the vehicle in which it will be 

unnecessary to shift gears manually while passing through the crossing. 

Manual shifting of gears while passing over track prohibited 

(f) If the driver of any vehicle described in subsection (a) of this section approaches a railroad 

grade crossing, the driver may not shift gears manually while passing over any track of the 

railroad. 

Railroad crossings in business or residential districts 

(g)(1) This section does not apply to the vehicles described in subsection (a)(1), (4), and (5) of 

this section, at any railroad grade crossing in a business district or residential district. 

(2) This section does not apply to school buses and church buses, as described in subsection 

(a)(2) and (3) of this section, at locations within Baltimore City where complying with the 

provision of this section would conflict with the existing traffic signal indications. 

(3) This section does not apply to the vehicles described in subsection (a) of this section, at any 

railroad grade crossing with an exempt highway-rail grade crossing plaque. 

Md. Code Ann., Transp. § 21-703 (West 2021) 

§ 21-703.1. Operation of commercial motor vehicles at railroad crossings (Special Vehicles) 

Unless otherwise provided in this subtitle, upon approaching a railroad grade crossing, the 

operator of every commercial motor vehicle shall: 

(1) Slow down and check that the tracks are clear of an approaching train; 

(2) Stop before reaching the crossing, if the tracks are not clear; 
417 

(3) Attempt to negotiate the crossing only if the crossing and the roadway beyond the crossing 

are sufficiently clear of other traffic so that the driver can drive completely through and clear of 

the crossing without stopping; 

(4) Obey a traffic control device or the directions of a police officer at the crossing; and 

(5) Attempt to negotiate the crossing only if the vehicle has sufficient undercarriage clearance. 

Md. Code Ann., Transp. § 21-703.1 (West 2021) 

*§ 21-704. Operation of heavy equipment on or across railroad crossings (Slow and Low 

Vehicles) 

Application of section 

(a) Unless a person has complied with this section, he may not drive or move on or across any 

railroad grade crossing any power shovel, derrick, roller, crawler-type tractor, or other equipment 

or structure that has: 

(1) A normal operating speed of 10 miles per hour or less; or 

(2) A vertical body or load clearance, measured above the level surface of a roadway, of less 

than: 

(i) One-half inch for each foot of the distance between any two adjacent axles; or 

(ii) 9 inches. 

Notice of intended crossing 

(b) Before any person drives or moves any equipment described in subsection (a) of this section 

on or across any railroad grade crossing, the person shall: 

(1) Notify an agent of the railroad of his intention; and 

(2) Afford the railroad reasonable time to provide proper protection at the crossing. 

Distance required at stop 

(c) When the person approaches the crossing, he: 

(1) Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; 

(2) While stopped, shall listen and look in both directions along the track for any approaching or 

passing railroad train and for any signals indicating the approach or passage of a railroad train; 

and 

(3) May not proceed until he can do so safely. 

Warnings from signals, crossing gate, or flagman 

(d)(1) The person may not proceed if a warning is given by an automatic signal, crossing gate, 

flagman, or otherwise of the immediate approach or passage of a railroad train. 

(2) If the railroad provides a flagman, the person may proceed over the crossing only at the 

direction of the flagman. 

Md. Code Ann., Transp. § 21-704 (West 2021) 

Massachusetts (1) 

Slow and Low Vehicles 

No applicable statute related to this topic 

§ 15. Precautions at railroad crossings (Special Vehicles) 

Except as hereinafter otherwise provided, every person operating a motor vehicle, upon 

approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and 

proper rate before proceeding over the crossing, and shall proceed over the crossing at a rate of 
418 

speed and with such care as is reasonable and proper under the circumstances. Every person 

operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids 

as a cargo, or part of a cargo, upon approaching a railroad crossing at grade, shall bring his 

vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track 

of said railroad, and shall not proceed to cross until it is safe to do so. The operator of a school 

bus, in addition to bringing his vehicle to a full stop, as aforesaid, shall open the service door, 

ascertain if he may cross safely and thereupon close said door before proceeding. Every person 

operating any motor vehicle, upon approaching at grade a railroad crossing protected by red 

lights which flash as a warning, shall bring his vehicle to a full stop not less than fifteen feet and 

not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until 

said lights stop flashing. Every person operating any motor vehicle, upon approaching at grade a 

railroad crossing protected by a lowered automatic gate, shall bring his vehicle to a full stop not 

less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall 

not proceed to cross until said automatic gate is raised. Every person operating any motor 

vehicle, upon approaching at grade a railroad crossing protected by a railroad employee waving a 

red flag or white lantern, shall bring his vehicle to a full stop not less than fifteen feet and not 

more than fifty feet from the nearest track of said railroad and shall not proceed to cross until 

said railroad employee signals that it is safe to do so. A railroad train approaching within 

approximately one thousand five hundred feet of a highway crossing shall emit a warning signal 

audible from such distance. Whoever violates any provisions of this section and is operating a 

school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, shall be punished by a fine of not less than $500 or by being required to 

perform a total of 100 hours of community service which may include service in the operation 

lifesaver program. All other persons violating the provisions of this section not operating a 

school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, shall be punished by a fine of not less than $100 nor more than $200 or by 

being required to perform a total of 50 hours of community service which may include service in 

the operation lifesaver program. 

Mass. Gen. Laws Ann. ch. 90, § 15 (West 2021) 

Michigan (4) 

*§ 257.669. Stopping at railroad track grade crossing; motor vehicles transporting 

passengers; exemptions (Special Vehicles and Exempt Crossings) 

Sec. 669. (1) Except as provided in subsections (2), (3), and (4), the driver of a motor vehicle 

transporting 16 or more passengers including the driver, a motor vehicle carrying passengers for 

hire, or a motor vehicle that is required to be marked or placarded under 49 CFR parts 100 to 

180, before crossing a railroad track at grade, shall activate the vehicle hazard warning lights and 

stop the vehicle within 50 feet but not less than 15 feet from the nearest rail. While stopped, the 

driver shall listen and look in both directions along the track for an approaching railroad train or 

other on-track equipment and for signals indicating the approach of a railroad train or other ontrack equipment, and shall not proceed until the driver can do so safely. After stopping as 

required in this subsection, and upon proceeding when it is safe to do so, the driver of the vehicle 

shall cross only in a gear of the vehicle that does not require changing gears while traversing the 

crossing. The driver shall not shift gears while crossing the track or tracks. 

(2) A stop need not be made at a railroad track grade crossing where a police officer or a trafficcontrol signal directs traffic to proceed. 
419 

(3) A stop need not be made at an inactive railroad track grade crossing. As used in this 

subsection, “inactive railroad track” means a railroad track that meets all of the following 

requirements: 

(a) The track has been covered or removed. 

(b) All signs, signals, and other warning devices are removed. 

(4) A stop shall not be made at a railroad grade crossing marked with a sign reading “exempt”. 

Exempt signs may be erected only by or with the consent of the state transportation department 

after notice to and an opportunity to be heard by the primary railroad operating over that 

crossing. 

(5) A person who violates this section is responsible for a civil infraction. 

Mich. Comp. Laws Ann. § 257.669 (West 2021) 

§ 257.669a. Adoption of federal grade crossing regulations; crossing of railroad grade 

crossings by commercial motor vehicle drivers (Special Vehicles) 

Sec. 669a. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 on 

file with the office of the secretary of state, to provide for the safe transportation of persons and 

property over railroad-highway grade crossings with the intent of following the policies and 

procedures of the United States department of transportation's federal motor carrier safety 

administration as they relate to title 49 of the code of federal regulations. For purposes of this 

subsection, “commercial motor vehicle” means that term as defined in section 7a.1 

(2) The driver of a commercial motor vehicle shall comply with a lawful order or direction of a 

police officer guiding, directing, controlling, or regulating traffic at a railroad-highway grade 

crossing. 

(3) The driver of a commercial motor vehicle shall not cross a railroad-highway grade crossing 

unless the vehicle has sufficient undercarriage clearance. 

(4) The driver of a commercial motor vehicle shall not cross a railroad-highway grade crossing 

unless the vehicle can be driven completely through the crossing without stopping. 

(5) A person who violates this section is responsible for a civil infraction. 

Mich. Comp. Laws Ann. § 257.669a (West 2021) 

*§ 257.670. Crossing railroad tracks by certain vehicles or equipment (Slow and Low 

Vehicles) 

Sec. 670. (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, roller, 

boiler, machinery, or other structure or object upon rollers, or other equipment or structure, 

which, because of its limited power, or weight, character, or load, has a normal operating speed 

of 4 miles per hour or less, or which has a vertical load or body clearance of less than 9 inches 

above the level surface of the roadway, upon or across the tracks of a railroad at grade level 

without first complying with this section, except this section shall not apply to the movement of 

electrically propelled cars on fixed rails or to their loads. 

(2) Notice of the intended crossing described in subsection (1) shall be given to the nearest agent 

or officer of the railroad in time to afford protection to its locomotives, trains, or cars at the 

crossing. 

(3) Before making the crossing, the person operating or moving the vehicle or equipment shall 

first stop not less than 15 feet or more than 50 feet from the nearest rail of the track and while 

stopped shall listen and look in both directions along the track for an approaching railroad train 
420 

or other on-track equipment and for signals indicating the approach of a railroad train or other 

on-track equipment, and shall not proceed until the crossing can be made safely. 

(4) A crossing shall not be made when warning is given by automatic signal or crossing gates or 

a flagman or otherwise of the immediate approach of a railroad train or car. 

(5) A person who violates this section is responsible for a civil infraction. 

Mich. Comp. Laws Ann. § 257.670 (West 2021) 

*§ 257.1857. Railroad grade crossings; duties of school bus driver; violations (Special 

Vehicles) 

Sec. 57. (1) Except as provided in subsections (2), (3), (4), and (5), the driver of a school bus, 

before crossing a railroad track at grade, shall stop the vehicle within 50 feet but not less than 15 

feet from the nearest rail, activate hazard warning lights, turn off all interior switches including 

fans, heaters, and radios, open the passenger door and driver-side window, and while stopped 

shall listen and look in both directions along the track for an approaching train and for signals 

indicating the approach of a train, and shall not proceed until the driver can do so safely. After 

stopping as required in this subsection, and upon proceeding when it is safe to do so, the driver 

of the vehicle shall cross only in a gear of the vehicle that does not require changing gears while 

traversing the crossing. The driver shall not shift gears while crossing the track or tracks. 

(2) A stop need not be made at a railroad track grade crossing where a uniformed police officer 

or a traffic-control signal directs traffic to proceed. 

(3) A stop need not be made at an inactive railroad track grade crossing. As used in this 

subsection, “inactive railroad track” means a railroad track that meets both of the following 

requirements: 

(a) The track has been completely paved over or removed. 

(b) All signs, signals, and other warning devices are removed. 

(4) A stop shall not be made at a railroad track grade crossing on a freeway or limited access 

highway where the crossing is protected by a clearly visible signal, crossing gate, or barrier at a 

time when the signal, crossing gate, or barrier is not activated. 

(5) A stop shall not be made at a railroad grade crossing marked with a sign reading “exempt”. 

Exempt signs may be erected only by or with the consent of the state transportation department 

after notice to and an opportunity to be heard by the primary railroad operating over that 

crossing. 

(6) A person who violates this section is responsible for a civil infraction and may be ordered to 

pay a civil fine of not more than $100.00. A civil infraction under this subsection shall be 

processed in the same manner as a civil infraction under the Michigan vehicle code, 1949 PA 

300, MCL 257.1 to 257.923. 

Mich. Comp. Laws Ann. § 257.1857 (West 2021) 

Minnesota (2) 

*§ 169.28. Certain vehicles to stop at railroad crossing (Special Vehicles and Exempt 

Crossings) 

Subdivision 1. Requirements. (a) The driver of any motor vehicle carrying passengers for hire, or 

of any school bus whether carrying passengers or not, or of any Head Start bus whether carrying 

passengers or not, or of any vehicle that is required to stop at railroad grade crossings under 

Code of Federal Regulations, title 49, section 392.10, before crossing at grade any track or tracks 
421 

of a railroad, shall stop the vehicle not less than 15 feet nor more than 50 feet from the nearest 

rail of the railroad and while so stopped shall listen and look in both directions along the track 

for any approaching railroad train or other on-track equipment, and for signals indicating the 

approach of a railroad train or other on-track equipment, except as otherwise provided in this 

section. The driver must not proceed until safe to do so and until the roadway is clear of traffic so 

that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past 

the farthest railroad track. The driver must not shift gears while crossing the railroad tracks. 

(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings except at 

those railroad grade crossings that the local school administrative officer may designate. 

(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of school 

buses to stop at railroad grade crossings. 

(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle track or 

tracks that are located in a public street when: 

(1) the crossing occurs within the intersection of two or more public streets; 

(2) the intersection is controlled by a traffic-control signal; and 

(3) the intersection is marked with signs indicating to drivers that the requirements of this 

subdivision do not apply. Notwithstanding any other provision of law, the owner or operator of 

the track or tracks is authorized to place, maintain, and display the signs upon and in the view of 

the public street or streets. 

Subd. 2. Exempt crossing. (a) The commissioner may designate a crossing as an exempt 

crossing: 

(1) if the crossing is on a rail line on which service has been abandoned; 

(2) if the crossing is on a rail line that carries fewer than five railroad trains each year, traveling 

at speeds of ten miles per hour or less; or 

(3) as agreed to by the operating railroad and the Department of Transportation, following a 

diagnostic review of the crossing. 

(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the word 

“Exempt” that conform to section 169.06. The installation or presence of an exempt sign does 

not relieve a driver of the duty to use due care. 

(c) A railroad train or other on-track equipment must not proceed across an exempt crossing 

unless a police officer is present to direct traffic or a railroad employee is on the ground to warn 

traffic until the railroad train enters the crossing. 

(d) A vehicle that must stop at grade crossings under subdivision 1 is not required to stop at a 

marked exempt crossing unless directed otherwise by a police officer or a railroad employee. 

Minn. Stat. Ann. § 169.28 (West 2021) 

*§ 169.29. Crossing railroad tracks with certain equipment (Slow and Low Vehicles) 

(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of six or less miles per hour or a vertical 

body or load clearance of less than nine inches above the level surface of a roadway upon or 

across any tracks at a railroad grade crossing without first complying with this section. 

(b) Before making any crossing, the person operating or moving any vehicle or equipment set 

forth in this section shall first stop the same not less than ten, nor more than 50, feet from the 

nearest rail of the railway, and while so stopped shall listen and look in both directions along the 

track for any approaching railroad train or other on-track equipment and for signals indicating 
422 

the approach of a railroad train or other on-track equipment, and shall not proceed until the 

crossing can be made safely. 

(c) No crossing shall be made when warning is given by automatic signal or crossing gates or a 

flagger or otherwise of the immediate approach of a railroad train or other on-track equipment or 

car. 

(d) A stop is not required at a crossing on a rail line on which service has been abandoned and 

where a sign erected in conformance with section 169.06 and bearing the word “Exempt” has 

been installed, unless directed otherwise by a flagger. The installation or presence of an exempt 

sign shall not relieve any driver of the duty to use due care. 

Minn. Stat. Ann. § 169.29 (West 2021) 

Mississippi (3) 

§ 37-41-55. Duties of driver; stopping; railroad crossings; violations; offense; fines (Special 

Vehicles) 

(1) The driver of every school transportation vehicle used to transport pupils, on approaching any 

railroad crossing, shall bring the vehicle to a complete stop within fifty (50) feet but not less than 

fifteen (15) feet from the nearest rail of the railroad. While stopped, the driver shall open the 

service door and driver's window, and look and listen for: 

(a) Approaching trains or any other vehicle operated upon the rails for the purpose of 

maintenance of railroads, including, but not limited to, all hi-rail vehicles and on-track 

maintenance machines; and 

(b) Signals indicating the approach of a train or other vehicle or machine operated upon the rails. 

The driver shall not proceed until the driver has determined that it is safe to proceed. 

(2) The driver of every school transportation vehicle used to transport pupils, on approaching any 

highway intersection, shall bring the vehicle to a complete stop and shall not proceed until the 

driver has determined that it is safe to proceed. 

(3) Any driver who fails to bring his vehicle to a complete stop and follow the procedures as 

herein required is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less 

than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for 

each offense. 

Miss. Code. Ann. § 37-41-55 (West 2021) 

§ 63-3-1011. Certain vehicles, all railroad crossings (Special Vehicles and Exempt 

Crossings) 

(1) The driver of any motor vehicle carrying passengers for hire or of any vehicle carrying 

explosive substances of flammable liquids as a cargo or part of a cargo, before crossing at grade 

any track or tracks of a railroad, shall stop the vehicle within fifty (50) feet but not less than 

fifteen (15) feet from the nearest rail of the railroad. While stopped, the driver shall listen and 

look in both directions along the track for: 

(a) Any approaching train or any other vehicle operated upon the rails for the purpose of 

maintenance of railroads, including, but not limited to, all hi-rail vehicles and on-track 

maintenance machines; and 

(b) Signals indicating the approach of a train or any other vehicle or machine operated upon the 

rails. The driver shall not proceed until he can do so safely. 
423 

(2) No stop need be made at any crossing where a police officer or a traffic control signal directs 

traffic to proceed. 

(3) The driver of every school transportation vehicle used to transport pupils, upon approaching 

any railroad crossing, shall comply with the provisions of Section 37-41-55. 

Miss. Code. Ann. § 63-3-1011 (West 2021) 

*§ 63-3-1013. Certain equipment or structures (Slow and Low Vehicles) 

No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of six (6) or less miles per hour or a 

vertical body or load clearance of less than nine (9) inches above the level surface of a roadway 

upon or across any tracks at a railroad grade crossing without notice of any such intended 

crossing first being given to a superintendent of such railroad and a reasonable time being given 

to such railroad to provide proper protection at such crossing. 

Before making any such crossing the person operating or moving any such vehicle or equipment 

shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the 

nearest rail of such railway and while so stopped shall listen and look in both directions along 

such track for any approaching train or other on-track equipment, including, but not limited to, 

hi-rail vehicles and on-track maintenance equipment and for signals indicating the approach of a 

train or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track 

maintenance equipment, and shall not proceed until the crossing can be made safely. 

No such crossing shall be made when warning is given by automatic signal or crossing gates or a 

flagman or otherwise of the immediate approach of a railroad train or car or other on-track 

equipment, including, but not limited to, hi-rail vehicles and on-track maintenance equipment. 

Miss. Code. Ann. § 63-3-1013 (West 2021) 

Missouri (2) 

§ 304.030. Certain buses and trucks to stop at railroad crossing, when--exception, 

requirements (Special Vehicles and Exempt Crossings) 

Every motor vehicle transporting passengers, for hire, every school bus, and every motor vehicle 

transporting high explosives, or poisonous or compressed inflammable gases, and every motor 

vehicle used for the transportation of inflammable or corrosive liquids in bulk, whether loaded or 

empty, shall, upon approaching any railroad grade crossing, other than a crossing that is 

specifically exempted from the stopping requirement by order of the division of motor carrier 

and railroad safety of the department of economic development, be brought to a full stop within 

fifty feet, but not less than fifteen feet, from the nearest rail of such railroad grade crossing, and 

shall not proceed until due caution has been taken to ascertain that the course is clear, except that 

such full stop shall not be required at a streetcar crossing within a business or residence district, 

nor at a railroad grade crossing protected by a watchman or traffic officer on duty or by a traffic 

control signal (not railroad flashing signal) giving positive indication to approaching vehicles to 

proceed, nor when the division of motor carrier and railroad safety has ordered the placement of 

an exempt sign at the crossing. 

Mo. Ann. Stat. § 304.030 (West 2021) 

§ 304.035. Stop required at railroad grade crossing, when--commercial motor vehicles, 

speed at crossings--penalty (Special Vehicles) 
424 

1. When any person driving a vehicle approaches a railroad grade crossing, the driver of the 

vehicle shall operate the vehicle in a manner so he will be able to stop, and he shall stop the 

vehicle not less than fifteen feet and not more than fifty feet from the nearest rail of the railroad 

track and shall not proceed until he can safely do so if: 

(1) A clearly visible electric or mechanical signal device warns of the approach of a railroad 

train; or 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal or 

warning of the approach or passage of a railroad train; or 

(3) An approaching railroad train is visible and is in hazardous proximity to such crossing; or 

(4) Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to 

stop at a railroad grade crossing. 

2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing when a train is approaching while such gate or barrier is closed or is being 

opened or closed. 

3. No person shall drive a vehicle through a railroad crossing when there is not sufficient space 

to drive completely through the crossing. 

4. No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient 

undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the 

railroad crossing. 

5. Every commercial motor vehicle as defined in section 302.700 shall, upon approaching a 

railroad grade crossing, be driven at a rate of speed which will permit said commercial motor 

vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven 

upon or over such crossing until due caution has been taken to ascertain that the course is clear. 

This section does not apply to vehicles which are required to stop at railroad crossings pursuant 

to section 304.030. 

6. Any person violating the provisions of this section is guilty of a class C misdemeanor. 

Mo. Ann. Stat. § 304.035 (West 2021) 

Montana (2) 

§ 61-8-349. Certain vehicles to stop at all railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

(1)(a) Except as provided in subsection (1)(b), the driver of a motor vehicle carrying seven or 

more passengers for hire, a school bus with or without passengers, or a vehicle carrying 

explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade 

any track or tracks of a railroad, shall stop the vehicle as close as practicable but not less than 15 

feet from the nearest rail of the railroad and while stopped shall open the door, in the case of a 

school bus, and shall listen and look in both directions along the track for an approaching train or 

other on-track equipment and for signals indicating the approach of a train or other on-track 

equipment and may not proceed until the driver can do so safely. After stopping as required in 

this section and upon proceeding when it is safe to do so, the operator of a vehicle may cross 

only in a gear of the vehicle that requires no changing gears while traversing the crossing. The 

operator may not shift gears while crossing the track or tracks. 

(b) A stop is not required at a crossing where a police officer, highway patrol officer, or official 

traffic control device directs traffic to proceed. 

(2) As used in this section, “official traffic control device” does not include a railroad grade 

crossing signal. 
425 

Mont. Code Ann. § 61-8-349 (West 2021) 

§ 61-8-350. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(1) A person shall comply with the provisions of this section before operating or moving upon or 

across the tracks at a railroad grade crossing any crawler-type tractor, steam shovel, derrick, 

roller, or any equipment or structure that has: 

(a) a normal operating speed of 10 or less miles an hour; or 

(b) a vertical body or load clearance measured above the surface of the roadway of: 

(i) less than one-half inch for each foot of the distance between any two adjacent axles; or 

(ii) at least 9 inches. 

(2) Notice of an intended crossing must be given to a representative of the railroad and 

reasonable time must be given to the railroad to provide proper protection at the crossing. 

(3) Before making a crossing, the person operating or moving the vehicle or equipment shall first 

stop the vehicle or equipment as close as practicable but not less than 15 feet from the nearest 

rail of the railroad and while stopped shall listen and look in both directions along the track for 

any approaching train or other on-track equipment and for signals indicating the approach of a 

train or other on-track equipment. The person may not proceed until the crossing can be made 

safely. 

(4) A crossing may not be made when warning is given by automatic signal, crossing gates, a 

flag person, or other official traffic control device of the immediate approach of a railroad train 

or car or other on-track equipment. If a flag person is provided by the railroad, movement over 

the crossing must be under the flag person's direction. 

Mont. Code Ann. § 61-8-350 (West 2021) 

Nebraska (3) 

*§ 60-6,172. Buses and school buses required to stop at all railroad grade crossings; 

exceptions (Special Vehicles and Exempt Crossings) 

(1) The driver of any bus carrying passengers for hire or of any school bus, before crossing at 

grade any track of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet 

from the nearest rail of such railroad and while so stopped shall listen and look in both directions 

along such track for any approaching railroad train or on-track equipment and for signals 

indicating the approach of a railroad train or on-track equipment, except as otherwise provided in 

the Nebraska Rules of the Road. The driver shall not proceed until he or she can do so safely. 

After stopping as required by this section and upon proceeding when it is safe to do so, the driver 

of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for 

changing gears while traversing such track and the driver shall not shift gears while crossing 

such track. 

(2) No stop shall be made at any such crossing when a peace officer or a flagperson directs 

traffic to proceed or at an abandoned or exempted grade crossing which is clearly marked as such 

by or with the consent of competent authority when such markings can be read from the driver's 

position. 

Neb. Rev. Stat. Ann. § 60-6,172 (West 2021) 

*§ 60-6,173. Grade crossings; certain carriers; required to stop; exceptions (Special 

Vehicles and Exempt Crossings) 
426 

(1) The driver of any vehicle which is required to be placarded pursuant to section 75-364, 

before crossing at a grade any track of a railroad on streets and highways, shall stop such vehicle 

not more than fifty feet nor less than fifteen feet from the nearest rail or railroad and while 

stopped shall listen and look in both directions along the track for an approaching railroad train 

or on-track equipment. The driver shall not proceed until precaution has been taken to ascertain 

that the course is clear. 

(2) The requirements of subsection (1) of this section shall not apply: 

(a) When a peace officer or a flagperson directs traffic to proceed; 

(b) At an abandoned or exempted grade crossing which is clearly marked as such by or with the 

consent of competent authority when such markings can be read from the driver's position; or 

(c) At railroad tracks used exclusively for industrial switching purposes within a business 

district. 

(3) Nothing in this section shall be deemed to exempt the driver of any vehicle from compliance 

with the other requirements contained in the Nebraska Rules of the Road. 

Neb. Rev. Stat. Ann. § 60-6,173 (West 2021) 

*§ 60-6,174. Moving heavy equipment at railroad grade crossings; required to stop (Slow 

and Low Vehicles) 

(1) No person shall operate or move any crawler-type tractor, any steam shovel, any derrick, any 

roller, or any equipment or structure having a normal operating speed of ten miles per hour or 

less or a vertical body or load clearance of less than one-half inch per foot of the distance 

between any two adjacent axles or in any event of less than nine inches, measured above the 

level surface of a roadway, upon or across any track at a railroad grade crossing without first 

complying with this section. 

(2) Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the 

nearest rail of such railroad and while so stopped shall listen and look in both directions along 

such track for any approaching railroad train or on-track equipment and for signals indicating the 

approach of a railroad train or on-track equipment. The person shall not proceed until the 

crossing can be made safely. 

(3) No such crossing shall be made while warning is given by an automatic signal, by crossing 

gates, by a flagperson, or otherwise of the immediate approach of a railroad train or on-track 

equipment. If a flagperson is provided by the railroad, movement over the crossing shall be 

under his or her direction. 

Neb. Rev. Stat. Ann. § 60-6,174 (West 2021) 

Nevada (2) 

*§ 484B.560. Certain vehicles required to stop at all railroad grade crossings; exceptions; 

vehicles required to completely cross railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

1. Except as otherwise provided in subsection 4, the driver of a bus carrying passengers, or of 

any school bus carrying any school child, or of any vehicle carrying hazardous materials as that 

term is defined in 49 C.F.R. § 383.5, before crossing at grade any track or tracks of a railroad, 

shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad 

and while so stopped shall listen and look in both directions along the track for any approaching 
427 

train or other on-track equipment, and for signals indicating the approach of a train or other ontrack equipment, and shall not proceed until the driver can do so safely. 

2. After stopping as required in this section and upon proceeding when it is safe to do so, the 

driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity 

for changing gears while traversing the crossing and the driver shall not shift gears while 

crossing the track or tracks. 

3. When stopping is required at a railroad crossing the driver shall keep as far to the right of the 

highway as possible and shall not form two lanes of traffic unless the highway is marked for four 

or more lanes of traffic. 

4. No such stop need be made at a railroad crossing: 

(a) Where a police officer or official traffic-control device controls the movement of traffic. 

(b) Which is marked with a device indicating that the crossing is abandoned. 

(c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within 

an area designated as a business district. 

(d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a 

crossing as exempt may be erected only: 

(1) If the tracks are an industrial or spur line; 

(2) By or with the consent of the appropriate state or local authority which has jurisdiction over 

the road; and 

(3) After the State or the local authority has held a public hearing to determine whether the 

crossing should be designated an exempt crossing. 

5. It is unlawful for the driver of any vehicle, when crossing at grade any track or tracks of a 

railroad, to fail to completely cross the track or tracks without stopping due to insufficient: 

(a) Space for the vehicle on the opposite side of the railroad crossing; or 

(b) Undercarriage clearance of the vehicle. 

6. As used in this section, “completely cross” means to travel across a railroad track or tracks in 

such a manner that the trailing end of the vehicle is 15 feet or more past the nearest rail of the 

railroad track or tracks. 

Nev. Rev. Stat. Ann. § 484B.560 (West 2021) 

*§ 484B.563. Moving heavy equipment at railroad grade crossing (Slow and Low Vehicles) 

1. It is unlawful for any person to operate or move any crawler-type tractor, power shovel, 

derrick, roller, or any vehicle, equipment or structure having a normal operating speed of 10 or 

less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the 

distance between any two adjacent axles or in any event of less than 9 inches, measured above 

the level surface of a highway, upon or across any tracks at a railroad grade crossing without first 

complying with this section. 

2. Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest 

rail of such railroad and while so stopped shall listen and look in both directions along such track 

for any approaching train or other on-track equipment and for signals indicating the approach of 

a train or other on-track equipment, and shall not proceed until the crossing can be made safely. 

3. No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagger or otherwise of the immediate approach of a railroad train or car or other on-track 

equipment. If a flagger is provided by the railroad, movement over the crossing shall be under 

the direction of the flagger. 
428 

Nev. Rev. Stat. Ann. § 484B.563 (West 2021) 

New Hampshire (4) 

§ 265:50 Certain Vehicles Must Stop at All Railroad Grade Crossings. (Special Vehicles 

and Exempt Crossings) 

I. The driver of any vehicle carrying passengers for hire, or of any school bus carrying any 

school child, or of any vehicle carrying explosive substances, before crossing at grade any track 

or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the 

nearest rail of such railroad and while so stopped shall listen and look in both directions along 

such track for any approaching train, and for signals indicating the approach of a train, except as 

hereinafter provided, and shall not proceed until he can do so safely. After stopping as required 

herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only 

in such gear of the vehicle that there will be no necessity for changing gears while traversing 

such crossing and the driver shall not shift gears while crossing the track or tracks. 

II. No stop need be made at any such crossing when a police officer or a traffic control signal 

directs traffic to proceed, or by vehicles engaged in the common or contract carriage of 

passengers for hire, or school buses transporting school students, when such vehicles or buses are 

exempt by order of the commissioner of transportation. 

III. Every vehicle used for the transportation of flammable liquids in cargo tanks, whether loaded 

or empty, or for the transportation of cylinders of liquified petroleum gas shall, upon 

approaching any railroad grade crossing, be brought to a full stop not more than 50 feet and not 

less than 15 feet from the nearest rail of such grade crossing, and shall not proceed until due 

caution has been taken to ascertain that the course is clear, except that a full stop need not be 

made at a railroad grade crossing where a police officer or a traffic control signal (not a railroad 

flashing signal) directs traffic to proceed; nor at an abandoned or exempted grade crossing which 

is clearly marked as such by or with the consent of the proper state authority, when such marking 

can be read from the driver's position. 

IV. The term “cylinders of liquefied petroleum gas” as used in this section, shall not be deemed 

to include the following: 

(a) Portable jugs of the nature used by tradesmen such as steamfitters, painters, plumbers, etc.; or 

(b) Bottled gas cylinders when attached to house trailers in transit. 

N.H. Rev. Stat. Ann. § 265:50 (2021) 

*§ 265:50-a Failure to Stop at Railroad Crossings; Fine. 

The fine for a violation of the provisions of RSA 265:48, RSA 265:49, or RSA 265:50 shall be 

$100 plus penalty assessment for a first offense and $250 plus penalty assessment for a 

subsequent offense in a 12-month period. 

N.H. Rev. Stat. Ann. § 265:50-a (2021) 

*§ 265:51 Moving Heavy Equipment at Railroad Grade Crossing. (Slow and Low Vehicles) 

I. No person shall drive or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal driving speed of 10 or less miles per hour or a vertical 

body or load clearance of less than 1⁄2 inch per foot of the distance between any 2 adjacent axles 

or in any event of less than 9 inches, measured above the level surface of a roadway, upon or 

across any tracks at a railroad grade crossing without first complying with this section. 
429 

II. Notice of any such intended crossing shall be given to a station agent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

III. Before making any such crossing the person driving or moving any such vehicle or 

equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest 

rail of such railroad and while so stopped shall listen and look in both directions along such track 

for any approaching train and for signals indicating the approach of a train, and shall not proceed 

until the crossing can be made safely. 

IV. No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his direction. 

V. Any person violating this section shall be fined $125 plus penalty assessment for a first 

offense and $250 plus penalty assessment for a subsequent offense in a 12-month period. 

N.H. Rev. Stat. Ann. § 265:51 (2021) 

§ 265:52 Penalty for Violation of Railroad Crossing Provision. 

If any person is convicted of an offense under any provision of RSA 265:50 or 265:51, such 

person shall be guilty of a violation for the first offense, and, for any subsequent offense 

committed during any calendar year, such person shall be guilty of a misdemeanor. The director 

may revoke such person's driver's license and no new license shall be issued to such person for at 

least 90 days after the date of such revocation. 

N.H. Rev. Stat. Ann. § 265:52 (2021) 

New Jersey (2) 

*§ 39:4-128. Vehicles required to stop at grade crossings; method of crossing; exceptions; 

notice to railroad of intention to cross with certain vehicles or machinery; violations; 

penalties (Special Vehicles, Slow and Low Vehicles and Exempt Crossings) 

(a) The driver of any omnibus, designed for carrying more than six passengers, or of any school 

bus carrying any school child or children, or of any vehicle carrying explosive substance or 

flammable liquids as a cargo or part of a cargo, or of any commercial motor vehicle specified in 

49 C.F.R. s.392.10(a) (1) through (6), before crossing at grade any track or tracks of a railroad 

shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such 

railroad and while so stopped listen and look in both directions along such track or tracks, for 

any approaching train or other on-track equipment, and for signals indicating the approach of a 

train or other on-track equipment. After stopping as required herein and upon proceeding when it 

is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that 

there will be no necessity for changing gears while traversing such crossing and the driver shall 

not shift gears while crossing the track or tracks. This section shall not apply to grade crossings 

which are no longer used for railroad traffic and which have been abandoned by the railroad 

company provided that appropriate signs have been posted to indicate that such grade crossing 

has been abandoned or is no longer used for any railroad traffic. This section shall not apply to 

grade crossings where the railroad track has been removed or paved over and the warning signs 

erected by the railroad in accordance with R.S.48:12-58 have been removed, provided that in 

such case written notice is given to the Commissioner of Transportation and to the appropriate 

State or local authority having jurisdiction over the highway, road, or street prior to the 
430 

undertaking of such removal or paving of railroad track. This section shall also not apply to 

grade crossings marked with a sign reading “Exempt Crossing.”

The Commissioner of Transportation is hereby vested with the exclusive authority to designate 

and mark any railroad grade crossings across any street or highway in this State with a sign 

“Exempt Crossing.” The commissioner shall hold a public hearing before designating any 

crossing as exempt with notice of such hearing to be served in accordance with regulations 

promulgated by the commissioner. 

The commissioner shall designate a grade crossing an exempt crossing when the potential for 

damage and injury from accidents between motor vehicles required to stop at grade crossings and 

other motor vehicles traveling in the same direction exceeds that between a train and the vehicles 

required to stop by law. Crossings designated as exempt crossings may include, but shall not be 

limited to, industrial, spurline and secondary crossings. The commissioner shall promulgate such 

regulations as are necessary to effectuate the purpose of the establishment of exempt crossings. 

(b) No person shall operate or move any crawler-type tractor, wheel tractor, tractor engine with 

or without trailer or trailers attached, steam shovel, derrick, roller, self-propelled concrete mixer, 

or any self-propelled vehicle, commercial motor vehicle, equipment, machinery, apparatus or 

structure having a normal operating speed of 10 or less miles per hour or a vertical body or load 

clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any 

event of less than nine inches, measured above the level surface of a roadway, upon or across 

any track or tracks at a railroad grade crossing without first complying with the following 

requirements. 

Notice of any such intended crossing shall be given to the nearest superintendent or trainmaster 

of such railroad. Such notice shall specify the approximate time of crossing and a reasonable 

time shall be given to such railroad to provide proper protection at such crossing. 

After concluding satisfactory arrangements with the proper officer of the railroad and before 

making any such crossing, the person operating or moving any such vehicle or equipment shall 

first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such 

railroad, and while so stopped shall listen and look in both directions along such track or tracks 

for any approaching train or other on-track equipment and for signals indicating the approach of 

a train or other on-track equipment, and shall not proceed until the crossing can be made safely. 

No such crossing shall be made when warning is given by automatic signal or crossing gates or a 

flagman or otherwise of the immediate approach of a railroad train or car or other on-track 

equipment. If the flagman is provided by the railroad, movement over the crossing shall be made 

under his jurisdiction. 

(c) Any person violating the provisions of this section shall be punished by a fine of not more 

than $50 for the first offense and for the second offense a fine of not more than $100, or by 

imprisonment for not more than 30 days, or by both such fine and imprisonment. 

(d) This section shall not be construed as limiting the authority of any municipality to adopt 

police regulations governing the operation of omnibuses and to provide penalties for their 

violation, or to relieve the owner or operator of such omnibus subject to the jurisdiction of the 

Board of Public Utilities from any penalty prescribed by the laws of this State for violation of 

orders of such board. 

N.J. Stat. Ann. § 39:4-128 (West 2021) 

*§ 39:4-128.11. Railroad crossings; requirements for certain commercial motor vehicles; 

employer liability for violations 
431 

a. A driver of a commercial motor vehicle, other than a commercial motor vehicle that is 

required to stop at a railroad crossing in accordance with R.S.39:4-128, shall, upon approaching 

a railroad grade crossing, drive at a rate of speed that will permit the commercial motor vehicle 

to be stopped before reaching the nearest rail of the crossing. A driver shall not drive a 

commercial motor vehicle upon or over a railroad crossing until the driver has exercised due 

caution to ascertain that a train or other on-track equipment is not approaching the crossing. 

b. A driver of a commercial motor vehicle, other than a commercial motor vehicle that is 

required to stop at a railroad crossing in accordance with R.S.39:4-128, shall stop that 

commercial motor vehicle before reaching the nearest rail of the crossing, if the tracks of the 

crossing are not clear of other vehicles or if there is insufficient space to drive the commercial 

motor vehicle completely through the crossing without stopping the commercial motor vehicle. 

c. An employer shall not knowingly allow, require, permit or authorize a driver to operate a 

commercial motor vehicle in violation of R.S.39:4-128, section 68 of P.L.1951, c. 23 (C.39:4-

127.1), or this section. An employer who is convicted of any such violation shall be fined not 

more than $10,000. 

N.J. Stat. Ann. § 39:4-128.11 (West 2021) 

New Mexico (2) 

§ 66-7-343. Railroad-highway grade crossing violations; certain vehicles required to always 

stop; exceptions (Special Vehicles and Exempt Crossings) 

A. Except as set forth in Subsection D of this section, a driver of a vehicle carrying passengers 

for hire, a school bus carrying school children or a vehicle carrying hazardous materials, 

radioactive or explosive substances or flammable liquids as cargo or as part of its cargo, before 

entering a railroad-highway grade crossing, is required to stop no more than fifty feet and no less 

than fifteen feet from the nearest rail of the railroad. 

B. While stopped, the driver shall: 

(1) look and listen in both directions along the track for an approaching train and for signals 

indicating that a train is approaching; 

(2) determine it is safe to proceed completely through the railroad-highway grade crossing before 

entering it; and 

(3) set the vehicle in a gear sufficiently low that gears will not need to be shifted before exiting 

the railroad-highway grade crossing. 

C. A driver shall not shift gears while in a railroad-highway grade crossing. 

D. A driver of a vehicle carrying passengers for hire, a school bus carrying school children or a 

vehicle carrying hazardous materials, radioactive or explosive substances or flammable liquids as 

cargo or as part of its cargo is not required to stop at: 

(1) a railroad-highway grade crossing where a police officer directs traffic to proceed; 

(2) a railroad-highway grade crossing where a stop-and-go traffic light controls movement of 

traffic; 

(3) a railroad-highway grade crossing used exclusively for industrial switching purposes, within 

a business district as defined in Section 66-1-4.2 NMSA 1978; 

(4) a railroad-highway grade crossing where use of the railroad has been abandoned and there is 

a sign indicating that the railroad has been abandoned; or 

(5) an industrial or spur line railroad-highway grade crossing marked with a sign reading 

“exempt crossing” that has been designated as exempt by appropriate state or local authorities.

E. Penalties for violation of this section are included in Section 66-8-116 NMSA 1978. 
432 

N.M. Stat. Ann. § 66-7-343 (West 2021) 

§ 66-7-344. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any 

equipment or structure having a normal operating speed of ten or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

section. 

B. Notice of any such intended crossing shall be given to a station agent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

C. Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the 

nearest rail of such railroad and while so stopped shall listen and look in both directions along 

such track for any approaching train and for signals indicating the approach of a train, and shall 

not proceed until the crossing can be made safely. 

D. No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his direction. 

E. This section shall not apply to the normal movement of farm equipment in the regular course 

of farm operation. 

N.M. Stat. Ann. § 66-7-344 (West 2021) 

New York (2) 

*§ 1171. Certain vehicles must stop at all railroad grade crossings (Special Vehicles, Slow 

and Low Vehicles, and Exempt Crossings) 

(a) The driver of any bus carrying passengers, of any school bus, of any motor vehicle with a 

gross vehicle weight rating of greater than ten thousand pounds that transports division 2.3 

chlorine or is a cargo tank, whether loaded or empty, used to transport hazardous materials, as 

defined in section five hundred one-a of this chapter, of any motor vehicle required to be marked 

or placarded by either the United States department of transportation or the New York state 

department of transportation regulations or any vehicle carrying explosive substances or 

flammable liquids as a cargo or part of a cargo, of any crawler-type tractor, steam shovel, 

derrick, roller, or of any equipment or structure having a normal operating speed of ten or less 

miles per hour or a vertical body or load clearance of less than one-half inch per foot of the 

distance between any two adjacent axles or in any event of less than nine inches, measured above 

the level surface of a roadway, before crossing at grade any track or tracks of a railroad, shall 

stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such 

railroad and while so stopped shall listen and look in both directions along such track for any 

approaching train, and for signals indicating the approach of a train, except as hereinafter 

provided, and shall not proceed until he can do so safely. After stopping as required herein and 

upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such 

gear of the vehicle that there will be no necessity for changing gears while traversing such 

crossing and the driver shall not shift gears while crossing the track or tracks. 

(b) No stop need be made at any such crossing where a police officer or a traffic-control signal or 

sign directs traffic to proceed. 
433 

(c) Every motor vehicle used in commerce with a gross vehicle weight rating of greater than ten 

thousand pounds not subject to the requirements of subdivision (a) of this section: (i) shall upon 

approaching a railroad grade crossing, be driven at a rate of speed which will permit said motor 

vehicle to be stopped before reaching the nearest rail of such crossing, and shall not be driven 

upon or over such crossing until due caution has been taken to ascertain that the course is clear; 

and (ii) shall stop at such crossing if the course is not clear. 

(d) In addition to the requirements of subdivisions (a) and (c) of this section, the driver of a 

commercial vehicle must check street-railway grade crossings within a business or residence 

district. 

(e) Notwithstanding any other provision of law, every operator of a commercial motor vehicle 

shall obey a traffic control device or the directions of a police officer at a railroad grade crossing. 

(f) Every person convicted of a violation of this section shall for a first conviction thereof be 

punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more 

than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, 

both of which were committed within a period of thirty months, such person shall be punished by 

a fine of not more than five hundred dollars or by imprisonment for not more than forty-five days 

or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all 

of which were committed within a period of thirty months, such person shall be punished by a 

fine of not more than seven hundred fifty dollars or by imprisonment for not more than ninety 

days or by both such fine and imprisonment. 

N.Y. Veh. & Traf. Law § 1171 (McKinney 2021) 

§ 3636. Passage of school buses across railroad crossings (Special Vehicles) 

1. No school bus transporting pupils between home and school or between schools which such 

pupils regularly attend either within or outside the district which operates or contracts for the 

operation of such bus, or transporting pupils for any purpose within such district, shall cross 

railroad tracks at grade except at a guarded railroad crossing, unless the governing body of the 

school district which operates the bus or contracts for the operation of the bus shall have 

adopted, at a regular meeting after a public hearing thereon, a resolution by which it shall have 

determined that the use of a route which would avoid an unguarded railroad crossing by the 

school bus would be impracticable. 

A copy of any resolution adopted pursuant to the provisions of this section shall be filed with the 

department of education and the department of transportation at their respective offices in the 

city of Albany. 

2. For the purpose of this section, a guarded railroad crossing shall be defined as follows: 

a. Any railroad crossing having automatic electrically operated gates that meet the specifications 

for such gates in the rules and regulations promulgated by the department of transporation.1 

b. Any railroad crossing where a member of the approaching train's crew disembarks from the 

train which has stopped before the crossing and positions himself at the crossing to halt traffic 

while the train passes. Such procedure must be in accordance with the rules and regulations 

promulgated by the department of transportation. 

c. Any railroad crossing protected by an automatic warning signal which meets the specifications 

in the rules and regulations as promulgated by the department of transportation. 

d. Any railroad crossing protected by one or more persons serving as a railroad crossing guard. 

3. Each school district shall prepare and maintain a map indicating the intersection with any 

unguarded railroad crossing of each route used by a school bus transporting students to and from 
434 

school either within or outside the district, or for any purpose within the district, and shall make 

such map available for inspection by any resident of the district at a place designated by the 

governing body of the district. 

4. The commissioner of education shall have the authority to promulgate such regulations as he 

shall deem appropriate to implement the provisions of this section. 

N.Y. Educ. Law § 3636 (McKinney 2021) 

North Carolina (3) 

*§ 20-142.3. Certain vehicles must stop at railroad grade crossing (Special Vehicles and 

Exempt Crossings) 

(a) Before crossing at grade any track or tracks of a railroad, the driver of any school bus, any 

activity bus, any motor vehicle carrying passengers for compensation, any commercial motor 

vehicle listed in 49 C.F.R. § 392.10, and any motor vehicle with a capacity of 16 or more persons 

shall stop the vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad. 

While stopped, the driver shall listen and look in both directions along the track for any 

approaching train or on-track equipment and shall not proceed until the driver can do so safely. 

Upon proceeding, the driver of the vehicle shall cross the track in a gear that allows the driver to 

cross the track without changing gears and the driver shall not change gears while crossing the 

track or tracks. 

(b) Except for school buses and activity buses, the provisions of this section shall not require the 

driver of a vehicle to stop: 

(1) At railroad tracks used exclusively for industrial switching purposes within a business 

district. 

(2) At a railroad grade crossing which a police officer or crossing flagman directs traffic to 

proceed. 

(3) At a railroad grade crossing protected by a gate or flashing signal designed to stop traffic 

upon the approach of a train or on-track equipment, when the gate or flashing signal does not 

indicate the approach of a train or on-track equipment. 

(4) At an abandoned railroad grade crossing which is marked with a sign indicating that the rail 

line is abandoned. 

(5) At an industrial or spur line railroad grade crossing marked with a sign reading “Exempt” 

erected by or with the consent of the appropriate State or local authority. 

(c) A person violating the provisions of this section shall be guilty of an infraction and punished 

in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se. 

(d),(e) Repealed by Session Laws 2001-487, s. 50(g). 

(f) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a 

commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer 

will also be subject to a civil penalty under G.S. 20-37.21. 

N.C. Gen. Stat. Ann. § 20-142.3 (West 2021) 

*§ 20-142.4. Moving heavy equipment at railroad grade crossing (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, crane, or roller or any equipment or 

structure having a normal operating speed of five or less miles per hour upon or across any tracks 

at a railroad crossing without first complying with this section. 
435 

(b) Notice of any intended crossing described in subsection (a) of this section shall be given to a 

superintendent of the railroad and a reasonable time be given to the railroad to provide protection 

at the crossing. 

(c) Before making any crossing described in subsection (a) of this section, the person operating 

or moving the vehicle or equipment shall: 

(1) Stop the vehicle or equipment not less than 15 feet nor more than 50 feet from the nearest rail 

of the railroad; 

(2) While stopped, shall listen and look both directions along the track for any approaching train 

or on-track equipment and for signals indicating the approach of a train or on-track equipment; 

and 

(3) Shall not proceed until the crossing can be made safely. 

(d) No crossing described in subsection (a) of this section shall be made when warning is given 

by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a 

railroad train or on-track equipment. 

(e) Subsection (c) of this section shall not apply at any railroad crossing where State or local 

authorities have determined that trains are not operating during certain periods or seasons of the 

year and have erected an official sign carrying the legend “Exempt”.

(f) Any person who violates any provision of this section shall be guilty of an infraction and 

punished in accordance with G.S. 20-176. Violation of this section shall not constitute 

negligence per se. 

(g) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a 

commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer 

will also be subject to a civil penalty under G.S. 20-37.21. 

N.C. Gen. Stat. Ann. § 20-142.4 (West 2021) 

*§ 20-176. Penalty for misdemeanor or infraction 

(a) Violation of a provision of Part 9, 10, 10A, or 11 of this Article is an infraction unless the 

violation is specifically declared by law to be a misdemeanor or felony. Except as otherwise 

provided in subsection (a1) of this section, violation of the remaining Parts of this Article is a 

misdemeanor unless the violation is specifically declared by law to be an infraction or a felony. 

(a1) A person who does any of the following is responsible for an infraction: 

(1) Fails to carry the registration card in the vehicle, in violation of G.S. 20-57(c). 

(2) Repealed by S.L. 2016-90, § 12(b), eff. Dec. 1, 2016. 

(3) Fails to notify the Division of an address change for a vehicle registration card within 60 days 

after the change occurs, in violation of G.S. 20-67. 

(b) Unless a specific penalty is otherwise provided by law, a person found responsible for an 

infraction contained in this Article may be ordered to pay a penalty of not more than one hundred 

dollars ($100.00). 

(c) Unless a specific penalty is otherwise provided by law, a person convicted of a misdemeanor 

contained in this Article is guilty of a Class 2 misdemeanor. A punishment is specific for 

purposes of this subsection if it contains a quantitative limit on the term of imprisonment or the 

amount of fine a judge can impose. 

(c1) Repealed by S.L. 2014-100, § 16C.1(c), eff. Oct. 1, 2014. 

(c2) Repealed by S.L. 2013-385, § 5, eff. Dec. 1, 2013. 

(d) For purposes of determining whether a violation of an offense contained in this Chapter 

constitutes negligence per se, crimes and infractions shall be treated identically. 
436 

N.C. Gen. Stat. Ann. § 20-176 (West 2021) 

North Dakota (2) 

*§ 39-10-43. Certain vehicles must stop at all railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

1. The driver of a bus carrying passengers, or of a schoolbus, or of a vehicle carrying chlorine, 

empty or loaded cargo tank vehicles used to transport dangerous articles or any liquid having a 

flashpoint below two hundred degrees Fahrenheit [93.33 degrees Celsius], cargo tank vehicles 

transporting a commodity having a temperature above its flashpoint at the time of loading, 

certain cargo tank vehicles transporting commodities under special permits issued by the 

hazardous materials regulations board, and every motor vehicle which must have the following 

placards: “explosives”, “poison”, “flammable oxidizers”, “compressed gas”, “corrosives”, 

“flammable gas”, “radioactive”, or “dangerous”, before crossing at grade any track of a railroad, 

shall stop the vehicle within fifty feet [15.24 meters] but not less than fifteen feet [4.57 meters] 

from the nearest rail of the railroad and while stopped shall listen and look in both directions 

along the track for any approaching train or other on-track equipment, and for signals indicating 

the approach of a train or other on-track equipment and may not proceed until the driver can do 

so safely. After stopping as required and upon proceeding when safe to do so, the driver of the 

vehicle shall cross only in such gear of the vehicle that there will be no necessity for manually 

changing gears while traversing the crossing and the driver may not shift gears manually while 

crossing the track. 

2. A stop is not required at a crossing if traffic is controlled by a police officer. For the purposes 

of this section, a United States marshal is considered a police officer. 

3. A stop is not required at a crossing that the director has designated as an out-of-service 

crossing and which is clearly marked by signs bearing the words “Tracks out of service” or 

“Exempt” in conspicuous places on each side of the crossing.

4. The designation must be limited to use at a crossing where track has been abandoned or its use 

discontinued. 

5. The director shall notify the road authority and any railway company of a crossing under the 

jurisdiction of that railway company which the director has designated as an out-of-service 

crossing under this section and the road authority shall erect signs bearing the words “Tracks out 

of service” or “Exempt” in conspicuous places on each side of the crossing.

6. All signs must conform to the manual on uniform traffic-control devices as provided under 

section 39-13-06. 

N.D. Cent. Code Ann. § 39-10-43 (West 2021) 

§ 39-10-67. Moving heavy equipment at railroad grade crossing (Slow and Low Vehicles) 

1. No person may operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten or less miles [16.09 or less 

kilometers] per hour or a vertical body or load clearance of less than one-half inch per foot [12.7 

millimeters] of the distance between any two adjacent axles or in any event of less than nine 

inches [22.86 centimeters], measured above the level surface of a roadway, upon or across any 

tracks at a railroad grade crossing without first complying with this section. 

2. Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet [4.57 meters] nor more than fifty feet 

[15.24 meters] from the nearest rail of such railroad and while so stopped shall listen and look in 
437 

both directions along such track for any approaching train and for signals indicating the approach 

of a train, and may not proceed until the crossing can be made safely. 

3. No such crossing may be made when warning is given by automatic signal or crossing gates or 

a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing must be under the flagman's direction. 

N.D. Cent. Code Ann. § 39-10-67 (West 2021) 

Ohio (2) 

§ 4511.63 Vehicles required to stop at grade crossings; application for exempt crossing; 

rescission of exempt crossing designation (Special Vehicles and Exempt Crossing) 

(A) Except as provided in division (B) of this section, the operator of any bus, any school 

vehicle, or any vehicle transporting a material or materials required to be placarded under 49 

C.F.R. Parts 100-185, before crossing at grade any track of a railroad, shall stop the vehicle and, 

while so stopped, shall listen through an open door or open window and look in both directions 

along the track for any approaching train, and for signals indicating the approach of a train, and 

shall proceed only upon exercising due care after stopping, looking, and listening as required by 

this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will 

ensure there will be no necessity for changing gears while traversing the crossing and shall not 

shift gears while crossing the tracks. 

(B) This section does not apply at grade crossings when the public utilities commission has 

authorized and approved an exempt crossing as provided in this division. 

(1) Any local authority may file an application with the commission requesting the approval of 

an exempt crossing. Upon receipt of such a request, the commission shall authorize a limited 

period for the filing of comments by any party regarding the application and then shall conduct a 

public hearing in the community seeking the exempt crossing designation. The commission shall 

provide appropriate prior public notice of the comment period and the public hearing. By 

registered mail, the commission shall notify each railroad operating over the crossing of the 

comment period. 

(2) After considering any comments or other information received, the commission may approve 

or reject the application. By order, the commission may establish conditions for the exempt 

crossing designation, including compliance with division (b) of 49 C.F.R. Part 392.10, when 

applicable. An exempt crossing designation becomes effective only when appropriate signs 

giving notice of the exempt designation are erected at the crossing as ordered by the commission 

and any other conditions ordered by the commission are satisfied. 

(3) By order, the commission may rescind any exempt crossing designation made under this 

section if the commission finds that a condition at the exempt crossing has changed to such an 

extent that the continuation of the exempt crossing designation compromises public safety. The 

commission may conduct a public hearing to investigate and determine whether to rescind the 

exempt crossing designation. If the commission rescinds the designation, it shall order the 

removal of any exempt crossing signs and may make any other necessary order. 

(C) As used in this section: 

(1) “School vehicle” means any vehicle used for the transportation of pupils to and from a school 

or school-related function if the vehicle is owned or operated by, or operated under contract with, 

a public or nonpublic school. 

(2) “Bus” means any vehicle originally designed by its manufacturer to transport sixteen or more 

passengers, including the driver, or carries sixteen or more passengers, including the driver. 
438 

(3) “Exempt crossing” means a highway rail grade crossing authorized and approved by the 

public utilities commission under division (B) of this section at which vehicles may cross 

without making the stop otherwise required by this section. 

(D) Except as otherwise provided in this division, whoever violates this section is guilty of a 

minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or 

more violations of this section or section 4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 

4511.79 of the Revised Code or a municipal ordinance that is substantially similar to any of 

those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree. 

Ohio Rev. Code Ann. § 4511.63 (West 2021) 

*§ 4511.64 Slow-moving vehicles or equipment crossing railroad tracks (Slow and Low 

Vehicles) 

(A) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or 

any equipment or structure having a normal operating speed of six or less miles per hour or a 

vertical body or load clearance of less than nine inches above the level surface of a roadway, 

upon or across any tracks at a railroad grade crossing without first complying with divisions 

(A)(1) and (2) of this section. 

(1) Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop the same, and while stopped the person shall listen and look in both 

directions along such track for any approaching train and for signals indicating the approach of a 

train, and shall proceed only upon exercising due care. 

(2) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagperson or otherwise of the immediate approach of a railroad train or car. 

(B) If the normal sustained speed of such vehicle, equipment, or structure is not more than three 

miles per hour, the person owning, operating, or moving the same shall also give notice of such 

intended crossing to a station agent or superintendent of the railroad, and a reasonable time shall 

be given to such railroad to provide proper protection for such crossing. Where such vehicles or 

equipment are being used in constructing or repairing a section of highway lying on both sides of 

a railroad grade crossing, and in such construction or repair it is necessary to repeatedly move 

such vehicles or equipment over such crossing, one daily notice specifying when such work will 

start and stating the hours during which it will be prosecuted is sufficient. 

(C) Except as otherwise provided in this division, whoever violates this section is guilty of a 

minor misdemeanor. If, within one year of the offense, the offender previously has been 

convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates 

this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the 

offender previously has been convicted of two or more predicate motor vehicle or traffic 

offenses, whoever violates this section is guilty of a misdemeanor of the third degree. 

If the offender commits the offense while distracted and the distracting activity is a contributing 

factor to the commission of the offense, the offender is subject to the additional fine established 

under section 4511.991 of the Revised Code. 

Ohio Rev. Code Ann. § 4511.64 (West 2021) 

Oklahoma (3) 

§ 11-102. Required obedience to traffic laws 
439 

It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it 

is a misdemeanor for any person to do any act forbidden or fail to perform any act required in 

this chapter. 

Okla. Stat. Ann. tit. 47, § 11-102 (West 2021) 

§ 11-702. Commercial motor vehicles and buses--Railroad crossing (Special Vehicles) 

A. The driver of a bus as defined in Section 1-105 of this title, whether the bus is occupied or 

unoccupied by passengers, shall not cross a railroad track or tracks at grade unless the driver 

stops the bus within fifty (50) feet of, and not closer than fifteen (15) feet to, the tracks, listens 

and looks in each direction along the tracks for an approaching train, and ascertains that no train 

is approaching. When it is safe to do so, the driver may drive the bus across the tracks in a gear 

that permits the bus to complete the crossing without a change of gears. The driver shall not shift 

gears while crossing the tracks. 

B. Any commercial motor vehicle as defined in 49 C.F.R., Section 390.5, shall comply with the 

railroad crossing provisions as prescribed in 49 C.F.R., Section 392.10. 

Okla. Stat. Ann. tit. 47, § 11-702 (West 2021) 

§ 11-1115. Railroad-highway grade crossings--Class A, B or C commercial vehicles--When 

crossing prohibited (Special Vehicles) 

At a railroad-highway grade crossing, a person operating a Class A, B or C commercial motor 

vehicle shall not negotiate the crossing if there is: 

1. Insufficient space to drive completely through the crossing without stopping; or 

2. Insufficient clearance for the undercarriage of the vehicle. 

Okla. Stat. Ann. tit. 47, § 11-1115 (West 2021) 

Slow and Low Vehicles 

No applicable statute related to this topic 

Oregon (4) 

*§ 811.460. Failure to follow rail crossing procedure for high-risk vehicle; penalties 

(Special Vehicles) 

(1) A person commits the offense of failure to follow rail crossing procedures for high-risk 

vehicles if the person takes any vehicle described in this section across any railroad or rail fixed 

guideway public transportation system tracks at grade without doing all of the following: 

(a) Stopping the vehicle at a clearly marked stop line or, if there is not a clearly marked stop line, 

not less than 15 feet nor more than 50 feet from the nearest rail of the railroad or rail fixed 

guideway public transportation system. 

(b) While so stopped, listening and looking in both directions along the tracks for approaching 

trains, other on-track equipment or rail fixed guideway public transportation system vehicles and 

for signals indicating approaching trains, other on-track equipment or rail fixed guideway public 

transportation system vehicles. 

(c) Proceeding across the tracks after stopping only when such movement can be performed 

safely in the gear of the motor vehicle that does not require manually changing gears while 

proceeding. 

(d) Proceeding across the tracks without manually changing gears. 
440 

(2) This section applies to the following vehicles when moved across railroad or rail fixed 

guideway public transportation system tracks: 

(a) A school bus. 

(b) A school activity vehicle with a loaded weight of 10,000 pounds or more. 

(c) A worker transport bus. 

(d) Any bus operated for transporting children to and from church or an activity or function 

authorized by a church. 

(e) Any vehicle used in the transportation of persons for hire by a nonprofit entity. 

(f) A commercial bus. 

(g) A motor vehicle carrying as a cargo or part of a cargo any explosive substance, inflammable 

liquids, corrosives or similar substances or any cargo that the Department of Transportation 

determines to be hazardous. For purposes of this paragraph, the department may only determine 

a substance to be hazardous by rule. Any rules adopted by the department to determine 

hazardous substances must be consistent with substances classified as hazardous by the United 

States Secretary of Transportation. 

(h) A tank vehicle, whether loaded or empty, used for the transportation of any hazardous 

material. 

(3) Exemptions to this section are provided under ORS 811.465. 

(4) The offense described in this section, failure to follow rail crossing procedures for high-risk 

vehicles, is a Class B traffic violation. 

Or. Rev. Stat. Ann. § 811.460 (West 2021) 

*§ 811.462. Failure of commercial motor vehicle operators to slow down and check tracks; 

penalties 

(1) A person commits the offense of failure of the operator of a commercial motor vehicle to 

slow down and check that tracks are clear of an approaching train or other on-track equipment if 

the person: 

(a) Is operating a commercial motor vehicle that is not required by ORS 811.460 to stop before 

reaching a rail crossing; 

(b) Is approaching a rail crossing at grade; and 

(c) Fails to slow down and check that the tracks are clear of an approaching train or other ontrack equipment before proceeding across the railroad tracks. 

(2) The offense described in this section, failure of the operator of a commercial motor vehicle to 

slow down and check that tracks are clear of an approaching train or other on-track equipment, is 

a Class B traffic violation. 

Or. Rev. Stat. Ann. § 811.462 (West 2021) 

*§ 811.465. High-risk vehicle rail crossing procedure; exemptions (Exempt Crossings) 

This section establishes exemptions from the special crossing procedures established for highrisk vehicles under ORS 811.460. The exemptions are partial or complete as described in the 

following: 

(1) The vehicles are not required to comply with the procedures at a crossing of a street or 

highway and rail fixed guideway public transportation system tracks if: 

(a) The rail fixed guideway public transportation system vehicles operate within and parallel to 

the right of way of a street or highway; and 

(b) All vehicle movements are controlled by traffic control devices. 
441 

(2) The vehicles are not required to comply with the procedures when crossing any railway 

tracks upon which operation has been abandoned and for which the Department of 

Transportation has plainly marked that no stop need be made. 

(3) The vehicles are not required to comply with the procedures when crossing industry track 

crossings across which train operations are required by law to be conducted under flag 

protection. 

(4) The vehicles are not required to comply with the procedures when crossing industry track 

crossings within business districts. 

(5) Vehicles are not required to comply with the procedures when crossing any crossing where 

an officer directs traffic to proceed or where an operating traffic control signal indicates that 

other traffic may proceed. 

(6) Vehicles are not required to comply with the procedures when crossing any crossing 

protected by crossing gates. The exemption under this subsection does not apply to: 

(a) School buses or school activity vehicles that are required to stop at crossings with crossing 

gates under ORS 811.460; 

(b) Tank vehicles, whether loaded or empty, used to transport hazardous materials; 

(c) Vehicles transporting any hazardous material requiring the vehicle to be placarded; or 

(d) High-risk vehicles described in ORS 811.460 that are not otherwise described in this 

subsection, when operating in interstate commerce. 

(7) Except when a train, other on-track equipment or rail fixed guideway public transportation 

system vehicle is approaching, the driver of a commercial bus is not required to stop at crossings 

where the Department of Transportation has determined and plainly marked that no stop need be 

made. 

Or. Rev. Stat. Ann. § 811.465 (West 2021) 

*§ 811.470. Improper movement of heavy equipment across rail crossing; penalties (Slow 

and Low Vehicles) 

(1) A person commits the offense of improper movement of heavy equipment across a rail 

crossing if the person operates or moves any equipment described in this section upon or across 

any tracks at a railroad or rail fixed guideway public transportation system grade crossing 

without complying with any of the following: 

(a) Before moving across the tracks, the person must give notice of an intended crossing to a 

responsible officer of the railroad or rail fixed guideway public transportation system in time for 

protection to be given. 

(b) Where the railroad or rail fixed guideway public transportation system has provided a 

flagger, the person operating or moving such equipment shall obey the direction of the flagger. 

(c) The person operating or moving such equipment must do all of the following: 

(A) The person must stop before making the crossing at a clearly marked line or, if there is no 

clearly marked line, not less than 15 feet nor more than 50 feet from the nearest rail. 

(B) While so stopped, the person must look and listen in both directions along the tracks for 

approaching trains or other on-track equipment. 

(C) The person may not proceed across the tracks unless the crossing can be made safely. 

(2) This section applies to the operation of movement across railroad or rail fixed guideway 

public transportation system tracks of any crawler-type tractor, steam shovel, derrick, roller or 

any equipment or structure having a normal operating speed of 10 miles per hour or less or a 

vertical body or load clearance of less than one-half inch per foot of the distance between any 
442 

two adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway. 

(3) The offense described in this section, improper movement of heavy equipment across a rail 

crossing, is a Class B traffic violation. 

Or. Rev. Stat. Ann. § 811.470 (West 2021) 

Pennsylvania (2) 

§ 3342. Vehicles required to stop at railroad crossings (Special Vehicles, Slow and Low 

Vehicles and Exempt Crossings) 

(a) General rule.--Except as provided in subsection (c), the driver of any vehicle described in 

subsection (b), before crossing at grade any track or tracks of a railroad, shall stop the vehicle 

within 50 feet but not less than 15 feet from the nearest rail of the railroad crossing and while so 

stopped shall listen and look in both directions along the track for any approaching train, and for 

signals indicating the approach of a train. When it is safe to do so, the driver of the vehicle shall 

drive the vehicle across the tracks only in such gear of the vehicle that there will be no necessity 

for manually changing gears while traversing the crossing. The driver shall not manually shift 

gears while crossing the track or tracks. 

(b) Vehicles subject to stopping requirement.--Subsection (a) shall apply to the following 

vehicles: 

(1) Any vehicle designated by the department in accordance with the provisions of subsection 

(d). 

(2) A school bus, whether or not carrying passengers. 

(3) Every truck and tractor combination which carries gasoline, diesel fuel, fuel oil, explosives or 

radioactive materials. 

(4) Every bus transporting passengers. 

(5) Any vehicle specified in 49 CFR 392.10(a) (relating to railroad grade crossings; stopping 

required) or any current amendment or modification to that section published by the United 

States Department of Transportation. 

(c) Exceptions.--Subsection (a) does not apply at any of the following: 

(1) Any railroad grade crossing at which traffic is controlled by a police officer or flagman, who 

indicates that the vehicle is not required to stop. 

(2) Any railroad grade crossing at which traffic is regulated by a functioning highway trafficcontrol signal transmitting a green indication for the direction of travel of the vehicle. 

(3) Any railroad grade crossing at which an official traffic-control device gives notice that the 

stopping requirement imposed by this section does not apply. 

(4) Any abandoned railroad grade crossing which is marked by the former rail operator with a 

sign prescribed by the department indicating that the rail line is abandoned. 

(5) An industrial or spur line railroad grade crossing marked with a sign reading “exempt.” Such 

a sign shall be erected only by or with the consent of the Pennsylvania Public Utility 

Commission. 

(d) Notice of vehicles subject to section.--The department shall publish in the Pennsylvania 

Bulletin a notice describing the vehicles which must comply with the stopping requirements of 

subsection (a). In developing the list of vehicles, the department shall give consideration to the 

hazardous nature of any substance carried by the vehicle as determined by the department and to 

the number of passengers carried by the vehicle in determining whether the vehicle shall be 
443 

required to stop. This list of vehicles shall correlate with and so far as possible conform to the 

regulations of the United States Department of Transportation as amended from time to time. 

(e) Use of vehicle hazard lights.--The driver of any vehicle mentioned in subsection (b)(2) and 

(3) shall activate the vehicle hazard lights when stopping at the railroad crossing. 

(f) Penalty.--A violation of this section constitutes a summary offense punishable by a fine of 

from $100 to $150, except that a violation of subsection (b) or (e) shall be punishable by a fine of 

from $200 to $500. 

(g) Requirement upon approaching tracks.-- Upon approaching any track of a railroad, the driver 

of every commercial motor vehicle as defined by section 1603 (relating to definitions) other than 

those listed in subsection (b) shall: 

(1) reduce the rate of speed of the commercial motor vehicle and check that the tracks are free of 

approaching trains; and 

(2) stop the vehicle if the tracks are not clear. 

(h) Railroad grade crossing.--No commercial motor vehicle may proceed onto a railroad grade 

crossing unless: 

(1) there is sufficient space to drive completely through the crossing without stopping; and 

(2) the vehicle has sufficient undercarriage clearance to allow the vehicle to drive completely 

through the railroad grade crossing without stopping. 

(i) Traffic control.--No driver of a commercial motor vehicle may fail to obey a traffic control 

device or direction of an enforcement officer at a railroad grade crossing. 

75 Pa. Stat. and Cons. Stat. Ann. § 3342 (West 2021) 

§ 3343. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(a) General rule.--No person shall operate or move any crawler-type tractor, power shovel, 

derrick, roller or any equipment or structure having a normal operating speed of ten or less miles 

per hour or a vertical body or load clearance of less than one-half inch per foot of the distance 

between any two adjacent axles or in any event of less than nine inches measured above the level 

surface of a roadway, upon or across any tracks at a railroad grade crossing without first 

complying with this section. 

(b) Notice of intended crossing.--Notice of any intended crossing shall be given to an authorized 

representative of the railroad and a reasonable time be given to the railroad to provide proper 

protection at the crossing. 

(c) Stopping at crossing.--Before making any crossing, the person operating or moving the 

vehicle or equipment shall first stop the vehicle or equipment not less than 15 feet nor more than 

50 feet from the nearest rail of the railroad and while so stopped shall listen and look in both 

directions along the track for any approaching train and for signals indicating the approach of a 

train, and shall not proceed until the crossing can be made safely. 

(d) Movement over crossing.--No crossing shall be made when warning is given by automatic 

signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train 

or car. Movement over a crossing shall be under the direction of any flagman provided by the 

railroad. 

75 Pa. Stat. and Cons. Stat. Ann. § 3343 (West 2021) 

Rhode Island (2) 
444 

§ 31-20-4. Vehicles required to stop at all railroads--Exceptions (Special Vehicles and 

Exempt Crossings) 

(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying 

any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle 

within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail of such railroad, and 

while so stopped, shall listen and look in both directions along the track for any approaching 

train, and for signals indicating the approach of a train, except as provided in this chapter, and 

shall not proceed until he or she can do so safely. After stopping as required in this section and 

upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the 

vehicle that there will be no necessity for changing gears while traversing the crossing, and the 

driver shall not shift gears while crossing the track or tracks. 

(b) No stop need be made at any crossing where a police officer or a traffic control signal directs 

traffic to proceed. 

(c) This section shall not apply at railroad grade crossings within a business or residence district. 

31 R.I. Gen. Laws Ann. § 31-20-4 (West 2021) 

§ 31-20-5. Moving of heavy equipment over railroad crossings (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten (10) or less miles per hour or a 

vertical body or load clearance of less than one-half inch per foot of the distance between any 

two adjacent axles, or in any event, of less than nine inches (9′′), measured above the level 

surface of a roadway, upon or across any tracks at a railroad grade crossing, without first 

complying with this section. 

(b) Notice of the intended crossing shall be given to a station agent of the railroad, and a 

reasonable time shall be given to the railroad to provide proper protection at the crossing. 

(c) Before making the crossing, the person operating or moving the vehicle or equipment shall 

first stop the same not less than fifteen feet (15′) nor more than fifty feet (50′) from the nearest 

rail of the railroad and, while so stopped shall listen and look in both directions along the track 

for any approaching train and for signals indicating the approach of a train, and shall not proceed 

until the crossing can be made safely. 

(d) No crossing shall be made when warning is given by automatic signal or crossing gates or a 

flagperson or otherwise of the immediate approach of a railroad train or car. If a flagperson is 

provided by the railroad, movement over the crossing shall be under the flagperson's direction. 

31 R.I. Gen. Laws Ann. § 31-20-5 (West 2021) 

South Carolina (3) 

§ 56-5-2720. Certain vehicles shall stop at all railroad grade crossings; gears shall not be 

changed while crossing grade. (Special Vehicles and Exempt Crossings) 

(A) Except as provided in subsection (B), the driver of a school bus or a motor vehicle with a 

capacity of sixteen or more persons, a vehicle permitted by the Department of Health and 

Environmental Control to carry hazardous waste and a vehicle described in regulations issued 

pursuant to subsection (C), before crossing at grade any tracks of a railroad, shall stop the vehicle 

within fifty feet, but not less than fifteen feet, from the nearest rail of the railroad and while 

stopped shall listen and look in both directions along the track for an approaching train and for 
445 

signals indicating the approach of a train and shall not proceed until he can do so safely. After 

stopping and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only 

in the gear of the vehicle that there is no necessity for manually changing gears while traversing 

the crossing and the driver shall not manually shift gears while crossing the tracks. 

(B) Except for school buses, the provisions of this section do not apply at: 

(1) a railroad grade crossing where traffic is controlled by a police officer or human flagman; 

(2) a railroad grade crossing where traffic is regulated by a traffic-control signal; 

(3) a railroad grade crossing protected by crossing gates or an alternately flashing light signal 

intended to give warning of the approach of a railroad train when the gate or flashing signal does 

not indicate the approach of a train; 

(4) a railroad grade crossing where an official traffic-control device gives notice that the stopping 

requirement imposed by this section does not apply. 

S.C. Code Ann. § 56-5-2720 (2021) 

§ 56-5-2725. Moving heavy equipment at railroad grade crossings. (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any 

equipment or structure having a normal operating speed of ten or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

section. 

(b) Notice of such intended crossing shall be given to a station agent of the railroad and a 

reasonable time shall be given to the railroad to provide proper protection at the crossing. 

(c) Before making any such crossing, the person operating or moving the vehicle or equipment 

shall first stop not less than fifteen feet nor more than fifty feet from the nearest rail of the 

railroad and while stopped shall listen and look in both directions along the track for any 

approaching train and for signals indicating the approach of a train, and shall not proceed until 

the crossing can be made safely. 

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his direction. 

S.C. Code Ann. § 56-5-2725 (2021) 

§ 59-67-230. Driver required to stop before crossing railroad track. (Special Vehicles) 

The operator of any school bus shall, before crossing at grade any tracks of any railroad, bring 

his vehicle to a full and complete stop within not less than fifteen feet nor more than fifty feet 

from the rail of the track nearest to the front of such vehicle and shall, after such stop, ascertain if 

it is safe to proceed before crossing such tracks. 

S.C. Code Ann. § 59-67-230 (2021) 

South Dakota (3) 

§ 32-29-5. Vehicles required to stop at all grade crossings--Shifting gears while crossing--

Misdemeanor (Special Vehicles) 

The driver of any motor vehicle carrying passengers for hire, any school bus carrying passengers, 

any vehicle carrying passengers owned or operated by a nonprofit organization that requires 
446 

inspection pursuant to § 32-21-3.1, or any vehicle carrying explosive substances or combustible 

or flammable liquid as a cargo or part of a cargo, before crossing at grade any track of a railroad, 

except where a police officer or traffic control signal directs traffic to proceed or the track is 

nonoperational and is marked with a supplemental sign as provided in § 31-28-7, shall stop such 

vehicle within fifty feet from the nearest rail of such railroad and may not proceed until he has 

ascertained that he can do so safely. After stopping and upon proceeding, the driver of the 

vehicle shall cross only in such gear of the vehicle that there will be no necessity of changing 

gears while traversing the crossing and may not shift gears while crossing the track or tracks. 

This section does not apply to a driver of a taxicab or limousine. Any person failing to comply 

with the provisions of this section is guilty of a Class 2 misdemeanor. 

S.D. Codified Laws § 32-29-5 (West 2021) 

§ 32-29-8. Construction and low-clearance vehicles required to take special precautions at 

grade crossings--Violation as misdemeanor (Slow and Low Vehicles) 

No person may operate or move any crawler type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with § 

32-29-9. A violation of this section is a Class 2 misdemeanor. 

S.D. Codified Laws § 32-29-8 (West 2021) 

§ 32-29-9. Notice and precautions required of equipment operators making crossings--

Warning signal--Flagman--Violation as misdemeanor (Slow and Low Vehicles) 

Before making any crossing the person operating or moving any vehicle or equipment described 

in § 32-29-8 shall give reasonable notice to the station agent of the railroad owning the tracks of 

the intended crossing to allow the railroad to provide proper protection at the crossing. Before 

making any crossing the person operating or moving the vehicle or equipment shall first stop the 

vehicle or equipment not less than fifteen feet nor more than fifty feet from the nearest rail of the 

railroad and while so stopping shall listen and look in both directions along the track for any 

approaching railway train or car or other on-track equipment and for signals indicating the 

approach of a railway train or car or other on-track equipment, and may not proceed until the 

crossing can be made safely. No crossing may be made when warning is given by automatic 

signal or crossing gates or a flagman or otherwise of the immediate approach of a railway train 

or car or other on-track equipment. If a flagman is provided by the railroad, movement over the 

crossing shall be under the flagman's direction. A violation of this section is a Class 2 

misdemeanor. 

S.D. Codified Laws § 32-29-9 (West 2021) 

Tennessee (3) 

§ 55-8-147. Railroad grade crossings; passengers for hire; school busses; explosive 

substances or flammable liquids (Special Vehicles and Exempt Crossings) 

(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus whether or 

not the school bus is carrying any school child, or of any vehicle carrying explosive substances 

or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of 
447 

a railroad, shall stop the vehicle within fifty feet (50′) but not less than fifteen feet (15′) from the 

nearest rail of the railroad, and while so stopped shall listen and look in both directions along the 

track for any approaching train, and for signals indicating the approach of a train, except as 

provided in this section, and shall not proceed until the driver can do so safely. After stopping as 

required in this section and upon proceeding when it is safe to do so, the driver of any such 

vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing 

gears while traversing the crossing and the driver shall not shift gears while crossing the track or 

tracks. 

(b) No stop need be made at any crossing where a police officer or a traffic-control signal directs 

traffic to proceed. 

(c) A violation of subsection (a) is a Class B misdemeanor. 

Tenn. Code Ann. § 55-8-147 (West 2021) 

§ 55-8-148. Railroad grade crossings; machinery and equipment (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten (10) or less miles per hour or a 

vertical body or load clearance of less than one-half inch ( 1⁄2 ") per foot of the distance between 

any two (2) adjacent axles or in any event of less than nine inches (9"), measured above the level 

surface of a roadway, upon or across any tracks at a railroad grade crossing without first 

complying with this section. 

(b) Before making any such crossing, the person operating or moving the vehicle or equipment 

described in subsection (a) shall first stop the same not less than fifteen feet (15′) nor more than 

fifty feet (50′) from the nearest rail of such railroad, and while so stopped shall listen and look in 

both directions along the track for any approaching train and for signals indicating the approach 

of a train, and shall not proceed until the crossing can be made safely. 

(c) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is 

provided by the railroad, movement over the crossing shall be made under the flagger's direction. 

Tenn. Code Ann. § 55-8-148 (West 2021) 

§ 55-50-412. Railroad highway grade crossings; penalties 

(a) It is unlawful for the operator of a commercial motor vehicle to fail to: 

(1) Slow down and check that the railroad highway grade crossing is clear of an approaching 

train, if the driver is not required by § 55-8-147 to always stop at the crossing; 

(2) Stop before reaching the railroad highway grade crossing, if the tracks are not clear, if the 

driver is not required to always stop, pursuant to § 55-8-147; 

(3) Have sufficient space to drive completely through the railroad highway grade crossing 

without stopping; or 

(4) Negotiate a railroad highway grade crossing because of insufficient undercarriage clearance. 

(b) A violation of this section is a Class C misdemeanor, punishable by a fine only. 

Tenn. Code Ann. § 55-50-412 (West 2021) 

Texas (5) 

§ 545.253. Buses to Stop at All Railroad Grade Crossings (Special Vehicles and Exempt 

Crossings) 
448 

(a) Except as provided by Subsection (c), the operator of a motor bus carrying passengers for 

hire, before crossing a railroad grade crossing: 

(1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the nearest rail of the 

railroad; 

(2) while stopped, shall listen and look in both directions along the track for an approaching train 

and signals indicating the approach of a train; and 

(3) may not proceed until it is safe to do so. 

(b) After stopping as required by Subsection (a), an operator described by Subsection (a) shall 

proceed without manually shifting gears while crossing the track. 

(c) A vehicle is not required to stop at the crossing if a police officer or a traffic-control signal 

directs traffic to proceed. 

(d) This section does not apply at a railway grade crossing in a business or residence district. 

(e) An offense under this section is punishable by a fine of not less than $50 or more than $200. 

Tex. Transp. Code Ann. § 545.253 (West 2021) 

§ 545.2535. School Buses to Stop at All Railroad Grade Crossings (Special Vehicles and 

Exempt Crossings) 

(a) Except as provided by Subsection (c), the operator of a school bus, before crossing a track at 

a railroad grade crossing: 

(1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the track; 

(2) while stopped, shall listen and look in both directions along the track for an approaching train 

and signals indicating the approach of a train; and 

(3) may not proceed until it is safe to do so. 

(b) After stopping as required by Subsection (a), the operator may proceed in a gear that permits 

the vehicle to complete the crossing without a change of gears. The operator may not shift gears 

while crossing the track. 

(c) An operator is not required to stop at: 

(1) an abandoned railroad grade crossing that is marked with a sign reading “tracks out of 

service”; or

(2) an industrial or spur line railroad grade crossing that is marked with a sign reading “exempt.”

(d) A sign under Subsection (c) may be erected only by or with the consent of the appropriate 

state or local governmental official. 

Tex. Transp. Code Ann. § 545.2535 (West 2021) 

§ 545.254. Vehicles Carrying Explosive Substances or Flammable Liquids (Special Vehicles 

and Exempt Crossings) 

(a) Before crossing a railroad grade crossing, an operator of a vehicle that has an explosive 

substance or flammable liquid as the vehicle's principal cargo and that is moving at a speed of 

more than 20 miles per hour: 

(1) shall reduce the speed of the vehicle to 20 miles per hour or less before coming within 200 

feet of the nearest rail of the railroad; 

(2) shall listen and look in both directions along the track for an approaching train and for signals 

indicating the approach of a train; and 

(3) may not proceed until the operator determines that the course is clear. 

(b) The operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's 

principal cargo, before crossing a railroad grade crossing on a highway in a municipality: 
449 

(1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the nearest rail of the 

railroad; 

(2) while stopped, shall listen and look in both directions along the track for an approaching train 

and for signals indicating the approach of a train; and 

(3) may not proceed until the operator determines that the course is clear. 

(c) Subsections (a) and (b) do not apply: 

(1) if a police officer, crossing flagger, or traffic-control signal directs traffic to proceed; 

(2) where a railroad flashing signal is installed and does not indicate an approaching train; 

(3) to an abandoned or exempted grade crossing that is clearly marked by or with the consent of 

the state, if the markings can be read from the operator's location; 

(4) at a streetcar crossing in a business or residential district of a municipality; or 

(5) to a railroad track used exclusively for industrial switching purposes in a business district. 

(d) This section does not exempt the operator from compliance with Section 545.251 or 545.252. 

(e) An offense under this section is punishable by a fine of not less than $50 or more than $200. 

Tex. Transp. Code Ann. § 545.254 (West 2021) 

§ 545.255. Moving Heavy Equipment at Railroad Grade Crossings (Slow and Low 

Vehicles) 

(a) This section applies only to: 

(1) a crawler-type tractor, steam shovel, derrick, or roller; and 

(2) any other equipment or structure with: 

(A) a normal operating speed of 10 miles per hour or less; or 

(B) a vertical body or load clearance of less than one-half inch per foot of the distance between 

two adjacent axles or less than nine inches measured above the level surface of a roadway. 

(b) An operator of a vehicle or equipment may not move on or across a track at a railroad grade 

crossing unless the operator has given notice to a station agent of the railroad and given the 

railroad reasonable time to provide proper protection at the crossing. 

(c) To move a vehicle or equipment on or across a track at a railroad grade crossing, the 

operator: 

(1) shall stop the vehicle or equipment not closer than 15 feet or farther than 50 feet from the 

nearest rail of the railroad; 

(2) while stopped, shall listen and look in both directions along the track for an approaching train 

and for signals indicating the approach of a train; and 

(3) may not proceed until it is safe to cross the track. 

(d) An operator of a vehicle or equipment may not cross a railroad grade crossing when warning 

of the immediate approach of a railroad car or train is given by automatic signal, crossing gates, 

a flagger, or otherwise. If a flagger is provided by the railroad, the operator shall move the 

vehicle or equipment over the crossing at the flagger's direction. 

(e) An offense under this section is punishable by a fine of not less than $50 or more than $200. 

Tex. Transp. Code Ann. § 545.255 (West 2021) 

§ 647.010. Required Stop at Railroad Crossing (Special Vehicles and Exempt Crossings) 

(a) An operator transporting migrant agricultural workers who approaches a railroad grade 

crossing: 

(1) shall stop the motor vehicle not less than 15 feet or more than 50 feet from the nearest rail of 

the crossing; and 
450 

(2) may proceed only after the operator determines that the course is clear. 

(b) An operator is not required to stop at: 

(1) a streetcar crossing that is in a municipal business or residential district; 

(2) a railroad grade crossing at which a police officer or traffic-control signal other than a 

railroad flashing signal directs traffic to proceed; or 

(3) a grade crossing that the proper state authority has clearly marked as being abandoned or 

exempted if the marking can be read from the operator's position. 

(c) The motor vehicle must display a sign on the rear of the vehicle that states: “This Vehicle 

Stops at Railroad Crossings.”

Tex. Transp. Code Ann. § 647.010 (West 2021) 

Utah (2) 

*§ 41-6a-1205. Railroad grade crossings--Certain vehicles must stop--Exceptions--Rules 

(Special Vehicles and Exempt Crossings) 

(1) An operator of a commercial motor vehicle, as defined under Section 53-3-102, shall upon 

approaching a railroad grade crossing: 

(a) unless Subsection (2) applies, slow down and check that the tracks are clear of an 

approaching train; 

(b) stop within 50 feet, but not closer than 15 feet, from the nearest rail of the railroad track 

before reaching the crossing if the tracks are not clear; 

(c) obey all traffic control devices or the directions of a peace officer, or other crossing official at 

the crossing; and 

(d) before proceeding over a railroad grade crossing: 

(i) ensure that the vehicle has sufficient space to drive completely through a railroad grade 

crossing without stopping; and 

(ii) ensure that the vehicle has sufficient undercarriage clearance to safely and completely pass 

through the crossing. 

(2)(a) Except as provided in Subsection (3), the operator of a vehicle described in 49 CFR 392.10 

shall stop within 50 feet, but not closer than 15 feet, from the nearest rail of the railroad track 

before crossing, at grade, any track of a railroad. 

(b) While stopped, the operator shall look in both directions along the track for any sign of an 

approaching train and look and listen for signals indicating the approach of any train. 

(c) The operator may proceed across the railroad track only when the movement may be made 

with reasonable safety. 

(d) After stopping as required and upon safely proceeding, the operator shall only cross the 

railroad track in a gear that ensures no necessity for manually changing gears while traversing 

the crossing. 

(e) The operator may not manually shift gears while crossing the railroad track. 

(3) This section does not apply at a: 

(a) railroad grade crossing where traffic is controlled by a peace officer or other crossing official; 

(b) railroad grade crossing where traffic is regulated by a traffic-control signal; 

(c) railroad grade crossing where a traffic-control device gives notice that the stopping 

requirements of this section are not applicable; or 

(d) other railroad grade crossings excluded under 49 CFR 392.10. 

(4) A violation of this section is an infraction. 
451 

Utah Code Ann. § 41-6a-1205 (West 2021) 

*§ 41-6a-1206. Railroad crossing duties respecting crawler type tractor, power shovel, 

derrick, or other equipment or structure (Slow and Low Vehicles) 

(1) A person may not operate or move the following on or across any tracks at a railroad grade 

crossing without first complying with this section: 

(a) a crawler type tractor; 

(b) a power shovel; 

(c) a derrick; 

(d) a roller; or 

(e) any equipment or structure having: 

(i) normal operating speed of 10 or less miles per hour; or 

(ii) a vertical body or load clearance of less than: 

(A) 1⁄2 inch per foot of the distance between any two adjacent axles; or 

(B) in any event, nine inches measured above the level surface of a roadway. 

(2) Notice of an intended crossing under this section shall be given to the railroad and a 

reasonable time shall be given to the railroad to provide proper protection at the crossing. 

(3)(a) Before making a crossing under this section the person operating or moving the vehicle or 

equipment shall first stop within 50 feet but not closer than 15 feet from the nearest rail of the 

railway. 

(b) While stopped, the operator of the vehicle shall listen and look in both directions along the 

track for any approaching train and for signals indicating the approach of a railroad train. 

(c) The operator may proceed across the track only when the crossing can be made safely. 

(4) The operator of a vehicle shall obey all traffic control devices or the directions of a peace 

officer or other crossing official at the crossing. 

(5) A violation of this section is an infraction. 

Utah Code Ann. § 41-6a-1206 (West 2021) 

Vermont (3) 

*§ 1072. Certain vehicles must stop (Special Vehicles and Exempt Crossings) 

(a)(1) Before crossing at grade any track or tracks of a railroad, the drivers of the following 

vehicles shall stop within 50 feet, but not less than 15 feet, from the nearest rail of the railroad 

and while so stopped shall look and listen in both directions along the track for any approaching 

train or other on-track equipment and for signals indicating the approach of a train or other ontrack equipment, and shall not proceed until he or she can do so safely: 

(A) any motor vehicle carrying passengers for hire except for jitneys designed to carry not more 

than seven passengers including the driver; 

(B) any school bus or multifunction school activity bus; and 

(C) any vehicle carrying explosive substances or flammable liquids as cargo or part of its cargo. 

(2) After stopping as required in this subsection and upon proceeding when it is safe to do so, the 

driver of any such vehicle shall cross so that there will be no necessity for changing gears while 

traversing the crossing, and the driver shall not shift gears while crossing the track or tracks. 

(b) No stop need be made at any crossing where an attendant, an enforcement officer, or a 

traffic-control signal directs traffic to proceed. 
452 

(c) The driver of a Type I school bus stopping as required under subsection (a) of this section 

shall open the door of the bus before crossing the railroad tracks. Drivers of Type II school buses 

shall open the left front window. 

(d) Except when required by section 1071 of this title, stopping is not required at a crossing that 

has been signed as “exempt” in accordance with a designation of the Transportation Board.

Vt. Stat. Ann. tit. 23, § 1072 (West 2021) 

*§ 1073. Heavy equipment (Slow and Low Vehicles) 

(a) No individual shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or 

any equipment or structure having a normal operating speed of 10 miles per hour or less upon or 

across any tracks at a railroad grade crossing except in accordance with this section. 

(b) Before making any crossing, the individual operating or moving any such equipment shall 

first stop within 50 feet of, but not nearer than 15 feet from, the nearest rail of such railroad and 

while so stopped shall listen and look in both directions along such track for any approaching 

train or other on-track equipment and for signals indicating the approach of a train or other ontrack equipment, and may not proceed until the crossing can be made safely. 

(c) No crossing may be made when warning is given by automatic signal, crossing gates, flagger, 

or otherwise of the immediate approach of a railroad train or other on-track equipment. 

(d) If a flagman is provided by the railroad, movement over the crossing shall be under his or her 

direction. 

Vt. Stat. Ann. tit. 23, § 1073 (West 2021) 

§ 1076. Commercial motor vehicles; railroad crossings 

(a) Persons operating a commercial vehicle who are not required to stop at railroad crossings 

shall slow to a speed sufficient to allow for a clear view of the tracks in both directions, and stop 

before reaching the crossing if a train is approaching in either direction. 

(b) Operators of commercial and noncommercial vehicles shall: 

(1) allow sufficient space to drive completely through a railroad crossing without stopping; 

(2) obey a traffic control device or the directions of an enforcement official at the crossing; 

(3) not attempt to cross tracks if there is insufficient undercarriage clearance. 

Vt. Stat. Ann. tit. 23, § 1076 (West 2021) 

Virginia (2) 

§ 46.2-886. When drivers of certain vehicles to stop, look, and listen at railroad crossings; 

crossing tracks without shifting gears (Special Vehicles and Exempt Crossings) 

Except in cities or towns, the driver of any motor vehicle carrying passengers for hire, or of any 

vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before 

crossing at grade any railroad track, shall stop such vehicle within fifty feet but not less than 

fifteen feet from the nearest rail of such railroad and while stopped shall listen and look in both 

directions along the track for any approaching train, and for signals indicating the approach of a 

train, except as hereinafter provided in this section, and shall not proceed until he can do so 

safely. After stopping and upon proceeding when it is safe to do so, the driver of any vehicle 

shall cross only in such gear of the vehicle that there will be no necessity for changing gears 

while traversing the crossing. 
453 

Before crossing any railroad tracks at grade, the driver of any school bus shall stop the school 

bus within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while 

stopped shall listen and look in both directions along the track for any approaching train, except 

as hereinafter provided in this section, and shall not proceed until he can do so safely. After 

stopping and upon proceeding when it is safe to do so, the driver of any school bus shall cross 

only in such gear of the vehicle that there will be no necessity for changing gears while 

traversing the crossing. 

Notwithstanding the foregoing provisions of this section, no stop need be made at any such 

crossing where a law-enforcement officer or a traffic-control signal directs traffic to proceed. 

Va. Code Ann. § 46.2-886 (West 2021) 

§ 46.2-887. Moving crawler-type tractors, steam shovels, derricks, rollers, etc., over 

railroad grade crossings (Slow and Low Vehicles) 

Except in cities or towns, no person shall move any crawler-type tractor, steam shovel, derrick, 

roller, or any equipment or structure having a normal operating speed of ten or less miles per 

hour or a vertical body or load clearance of less than one-half inch per foot of the distance 

between any two adjacent axles or in any event of less than nine inches, measured above the 

level surface of a roadway, on or across any tracks at a railroad grade crossing without first 

complying with this section. 

Notice of any intended crossing shall be given to a station agent of the railroad and a reasonable 

time shall be given to the railroad to provide proper protection at the crossing. 

Before making any such crossing, the person moving any such vehicle or equipment shall first 

stop it not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad and 

while so stopped shall listen and look in both directions along such track for any approaching 

train and for signals indicating the approach of a train, and shall not proceed until the crossing 

can be made safely. 

No such crossing shall be made when warning is given by automatic signal, crossing gates, a 

flagman, or otherwise of the immediate approach of a train. If a flagman is provided by the 

railroad, movement over the crossing shall be under his direction. 

Va. Code Ann. § 46.2-887 (West 2021) 

Washington (2) 

*§ 46.61.350. Approaching railroad grade crossings--Specific vehicles--Exceptions--

Definition (Special Vehicles and Exempt Crossings) 

(1)(a) The driver of any of the following vehicles must stop before the stop line, if present, and 

otherwise within fifty feet but not less than fifteen feet from the nearest rail at a railroad grade 

crossing unless exempt under subsection (3) of this section: 

(i) A school bus or private carrier bus carrying any school child or other passenger; 

(ii) A commercial motor vehicle transporting passengers; 

(iii) A cargo tank, whether loaded or empty, used for transporting any hazardous material as 

defined in the hazardous materials regulations of the United States department of transportation 

in 49 C.F.R. Parts 107 through 180 as it existed on June 10, 2010, or such subsequent date as 

may be provided by the state patrol by rule, consistent with the purposes of this section. For the 

purposes of this section, a cargo tank is any commercial motor vehicle designed to transport any 
454 

liquid or gaseous materials within a tank that is either permanently or temporarily attached to the 

vehicle or the chassis; 

(iv) A cargo tank, whether loaded or empty, transporting a commodity under exemption in 

accordance with 49 C.F.R. Part 107, Subpart B as it existed on June 10, 2010, or such subsequent 

date as may be provided by the state patrol by rule, consistent with the purposes of this section; 

(v) A cargo tank transporting a commodity that at the time of loading has a temperature above its 

flashpoint as determined by the United States department of transportation in 49 C.F.R. Sec. 

173.120 as it existed on June 10, 2010, or such subsequent date as may be provided by the state 

patrol by rule, consistent with the purposes of this section; or 

(vi) A commercial motor vehicle that is required to be marked or placarded with any one of the 

following classifications by the United States department of transportation in 49 C.F.R. Part 172 

as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by 

rule, consistent with the purposes of this section: 

(A) Division 1.1, Division 1.2, Division 1.3, or Division 1.4; 

(B) Division 2.1, Division 2.2, Division 2.2 oxygen, Division 2.3 poison gas, or Division 2.3 

chlorine; 

(C) Division 4.1 or Division 4.3; 

(D) Division 5.1 or Division 5.2; 

(E) Division 6.1 poison; 

(F) Class 3 combustible liquid or Class 3 flammable; 

(G) Class 7; 

(H) Class 8. 

(b) While stopped, the driver must listen and look in both directions along the track for any 

approaching train or other on-track equipment and for signals indicating the approach of a train 

or other on-track equipment. The driver may not proceed until he or she can do so safely. 

(2) After stopping at a railroad grade crossing and upon proceeding when it is safe to do so, the 

driver must cross only in a gear that permits the vehicle to traverse the crossing without changing 

gears. The driver may not shift gears while crossing the track or tracks. 

(3) This section does not apply at any railroad grade crossing where: 

(a) Traffic is controlled by a police officer or flagger. 

(b) A functioning traffic control signal is transmitting a green light. 

(c) The tracks are used exclusively for a streetcar or industrial switching purposes. 

(d) The utilities and transportation commission has approved the installation of an “exempt” sign 

in accordance with the procedures and standards under RCW 81.53.060. 

(e) The crossing is abandoned and is marked with a sign indicating it is out-of-service. 

(f) The utilities and transportation commission has identified a crossing where stopping is not 

required under RCW 81.53.060. 

(4) For the purpose of this section, “commercial motor vehicle” means: Any vehicle with a 

manufacturer's seating capacity for eight or more passengers, including the driver, that transports 

passengers for hire; any private carrier bus; any vehicle used to transport property that has a 

gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross 

combination weight of 4,536 kg (10,001 pounds) or more; and any vehicle used in the 

transportation of hazardous materials as defined in RCW 46.25.010. 

Wash. Rev. Code Ann. § 46.61.350 (West 2021) 
455 

*§ 46.61.355. Moving heavy equipment at railroad grade crossings--Notice of intended 

crossing (Slow and Low Vehicles) 

(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or 

any equipment or structure having a normal operating speed of ten or less miles per hour or a 

vertical body or load clearance of less than one-half inch per foot of the distance between any 

two adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

section. 

(2) Notice of any such intended crossing shall be given to the station agent of such railroad 

located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable 

time to prescribe proper protection for such crossing. 

(3) Before making any such crossing, the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the 

nearest rail of such railroad and while so stopped shall listen and look in both directions along 

such track for any approaching train or other on-track equipment and for signals indicating the 

approach of a train or other on-track equipment, and shall not proceed until the crossing can be 

made safely. 

(4) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagger or otherwise of the immediate approach of a railroad train or car or other on-track 

equipment. If a flagger is provided by the railroad, movement over the crossing shall be under 

the flagger's direction. 

Wash. Rev. Code Ann. § 46.61.355 (West 2021) 

West Virginia (2) 

§ 17C-12-3. Certain vehicles must stop at all railroad grade crossings (Special Vehicles and 

Exempt Crossings) 

(a) Except as provided in subsection (f) of this section, the driver of a commercial motor vehicle 

specified in subsection (b) of this section shall not cross a railroad track or tracks at grade unless 

he or she first: (1) Stops the commercial motor vehicle within fifty feet of, and not closer than 

fifteen feet to, the tracks; (2) thereafter, listens and looks in each direction along the tracks for an 

approaching train; and (3) ascertains that no train is approaching. When it is safe to do so, the 

driver may drive the commercial motor vehicle across the tracks in a gear that permits the 

commercial motor vehicle to complete the crossing without a change of gears. The driver shall 

not shift gears while crossing the tracks. 

(b) The following commercial vehicles are required to stop at railroad tracks or tracks at grade: 

(1) Every bus transporting passengers; 

(2) Every commercial motor vehicle transporting any quantity of a United States department of 

transportation defined division 2.3 chlorine; 

(3) Every commercial motor vehicle which, in accordance with United States department of 

transportation regulations, is marked or placarded and is required to stop in accordance with 49 

C.F.R. part § 392.10(a)(3)(2001). 

(4) Every cargo tank motor vehicle loaded or empty, used for the transportation of any hazardous 

material, as defined in federal department of transportation hazardous materials rules, 49 C.F.R. 

parts § 107 through § 180 (2001); 

(5) Every cargo tank motor vehicle transporting a commodity which, at the time of loading, has a 

temperature above its flashpoint as determined by 49 C.F.R. § 173.120 (2001); and 
456 

(6) Every cargo tank motor vehicle, whether loaded or empty transporting any commodity 

exemption in accordance with 49 C.F.R. part § 107 subpart B (2001). 

(c) Any vehicle owned by an employer which, in carrying on the employer's business or in 

carrying employees to and from work, carries more than six employees of the employer is 

required to stop at all railroad tracks or tracks at grade, in accordance with subsection (a) of this 

section. 

(d) All drivers of commercial motor vehicles not required to stop at railroad tracks or tracks at 

grade as provided in subsection (a) of this section may not cross a railroad track or tracks at 

grade unless he or she first slows the commercial motor vehicle to a speed which will permit the 

commercial motor vehicle to be stopped before reaching the nearest rail of the railroad crossing 

and permit exercise of due caution to ascertain that the tracks are clear of an approaching train. 

(e) All drivers of commercial motor vehicles may not proceed to cross a railroad crossing unless 

there is sufficient space to drive completely through the crossing without stopping and the 

vehicle has sufficient undercarriage clearance to drive completely through the crossing without 

stopping. 

(f) No stop need be made at: 

(1) Any crossing where a police officer, crossing flagger or a traffic-control signal directs traffic 

to proceed; 

(2) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes 

within a business district, as defined in 49 C.F.R. § 390.5 (2000); 

(3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a 

green indication which, under local law permits the commercial motor vehicle to proceed across 

the track without slowing or stopping; or 

(4) A railroad grade crossing which is marked with a sign indicating that the rail line is out of 

service. 

(g) Any person driving a vehicle specified in this section or a vehicle that requires a commercial 

driver's license who fails to comply with the requirements of this section is guilty of a 

misdemeanor and, upon conviction thereof, shall be fined one hundred dollars or imprisoned for 

not more than ten days: Provided, That if the electric or mechanical signal device is 

malfunctioning, this subsection shall not apply. 

W. Va. Code Ann. § 17C-12-3 (West 2021) 

§ 17C-12-4. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any 

equipment or structure having a normal operating speed of ten or less miles per hour or a vertical 

body or load clearance of less than one-half inch per foot of the distance between any two 

adjacent axles or in any event of less than nine inches, measured above the level surface of a 

roadway, upon or across any tracks at a railroad grade crossing without first complying with this 

section. 

(b) Notice of any such intended crossing shall be given to a station agent of such railroad and a 

reasonable time be given to such railroad to provide proper protection at such crossing. 

(c) Before making any such crossing the person operating or moving any such vehicle or 

equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the 

nearest rail of such railroad and while so stopped shall listen and look in both directions along 

such track for any approaching train and for signals indicating the approach of a train, and shall 

not proceed until the crossing can be made safely. 
457 

(d) No such crossing shall be made when warning is given by automatic signal or crossing gates 

or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is 

provided by the railroad, movement over the crossing shall be under his direction. 

W. Va. Code Ann. § 17C-12-4 (West 2021) 

Wisconsin (1) 

Slow and Low Vehicles 

No applicable statute related to this topic 

*§ 346.45. Certain vehicles to stop at railroad crossings (Special Vehicles and Exempt 

Crossings) 

(1) Except as provided in sub. (3), the operator of any of the following vehicles before crossing 

at grade any track of a railroad, shall stop such vehicle within 50 feet, but not less than 15 feet 

from the nearest rail of such railroad: 

(a) Every motor bus transporting passengers. 

(am) Every vehicle painted and displaying markings in accordance with s. 347.44(1). 

(b) Every motor vehicle transporting any quantity of chlorine. 

(c) Every motor vehicle which, in accordance with sub. (4), is required to be marked or 

placarded with a classification of marking or placarding that requires the vehicle to stop. 

(d) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any 

liquid having a flashpoint below 200 degrees Fahrenheit, as determined by the test method 

approved for that product by ASTM International. 

(e) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a 

temperature above its flashpoint as determined by the same standard method of testing as 

prescribed in par. (d). 

(f) Every vehicle transporting a building, as defined in s. 348.27(12m)(a)1. 

(g) Every cargo tank motor vehicle, whether loaded or empty, transporting a commodity under 

exemption in accordance with 49 CFR part 107, subpart B. 

(2) The operator of every vehicle required to stop before crossing any track shall listen and look 

in both directions along the track for any approaching railroad train or railroad track equipment, 

and shall not proceed until such precautions have been taken and until the operator has 

ascertained that the course is clear. Wherever an auxiliary lane is provided for stopping at a 

railroad, operators of vehicles required to stop shall use such lane for stopping. 

(3) A stop need not be made at: 

(a) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed. 

(b) A railroad grade crossing when an official traffic control signal permits traffic to proceed. 

(c) An abandoned railroad grade crossing with a sign indicating the rail line is abandoned. 

(d) A railroad grade crossing which is marked with a sign in accordance with s. 195.285(3). Such 

signs shall be erected by the maintaining authority only upon order of the office of the 

commissioner of railroads as set forth in s. 195.285. 

(4) The department shall adopt rules for the marking and placarding of vehicles being used to 

transport hazardous materials which are potentially dangerous to life and property, which rules 

shall be in accordance with the regulations of the U.S. department of transportation. These rules 

shall identify classifications of markings or placarding that, consistent with federal regulations, 

when required on a vehicle also require the vehicle to stop as provided in sub. (1)(c). 
458 

Wis. Stat. Ann. § 346.45 (West 2021) 

Wyoming (3) 

§ 31-5-511. Stopping requirements for certain vehicles at railroad crossings (Special 

Vehicles and Exempt Crossings) 

(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus whether 

empty or carrying school children, or of any vehicle carrying a cargo or part of a cargo required 

to be placarded under United States department of transportation regulations, before crossing at 

grade any track or tracks of a railroad, shall: 

(i) Actuate the vehicle's four-way hazard flashers prior to stopping at the grade crossing; 

(ii) Stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail 

of the railroad; 

(iii) While stopped, listen and look in both directions along the track for any approaching train or 

other on-track equipment and for signals indicating the approach of a train or other on-track 

equipment and not proceed until he can do so safely; 

(iv) Upon proceeding, cross the tracks without manually shifting gears and only in a gear of the 

vehicle which does not require manually changing gears while traversing the crossing; and 

(v) After crossing the tracks, cancel the four-way hazard flashers. 

(b) Except for school buses which will stop at all railroad crossings, this section shall not apply 

at: 

(i) Any railroad grade crossing at which traffic is controlled by a police officer or flagman; 

(ii) Any railroad grade crossing at which traffic is regulated by a traffic-control signal; 

(iii) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal 

intended to give warning of the approach of a railroad train or other on-track equipment; 

(iv) Any railroad grade crossing at which an official traffic-control device gives notice that the 

stopping requirement imposed by this section does not apply. 

(c) The highway department may adopt such regulations as may be necessary describing 

additional vehicles which must comply with the stopping requirements of this section. 

Wyo. Stat. Ann. § 31-5-511 (West 2021) 

§ 31-18-602. Moving heavy equipment at railroad grade crossings (Slow and Low Vehicles) 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any 

equipment or structure having a normal operating speed of ten (10) or less miles per hour or a 

vertical body or load clearance of less than one-half (1/2) inch per foot of the distance between 

any two (2) adjacent axles or in any event of less than nine (9) inches, measured above the level 

surface of a roadway, upon or across any tracks at a railroad grade crossing without first 

complying with this section. 

(b) Notice of the intended crossing shall be given to a station agent of the railroad and a 

reasonable time shall be given to the railroad to provide proper protection at the crossing. 

(c) Before making the crossing the person operating or moving the vehicle or equipment shall 

first stop the vehicle or equipment not less than fifteen (15) feet nor more than fifty (50) feet 

from the nearest rail of the railroad and while so stopped shall listen and look in both directions 

along the track for any approaching train or other on-track equipment and for signals indicating 

the approach of a train or other on-track equipment. The vehicle shall not proceed until the 

crossing can be made safely. 
459 

(d) No crossing shall be made when warning is given by automatic signal, crossing gates or a 

flagman or otherwise of the immediate approach of a railroad train, other on-track equipment or 

car. If a flagman is provided by the railroad, movement over the crossing shall be under his 

direction. 

Wyo. Stat. Ann. § 31-18-602 (West 2021) 

§ 31-18-605. Stopping requirements for certain vehicles at railroad crossings (Special 

Vehicles and Exempt Crossings) 

(a) The driver of any motor vehicle carrying passengers for hire or of any vehicle carrying a 

cargo or part of a cargo required to be placarded under United States department of 

transportation regulations, before crossing at grade any track or tracks of a railroad, shall: 

(i) Actuate the vehicle's four-way hazard flashers prior to stopping at the grade crossing; 

(ii) Stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail 

of the railroad; 

(iii) While stopped, listen and look in both directions along the track for any approaching train or 

other on-track equipment and for signals indicating the approach of a train or other on-track 

equipment and not proceed until he can do so safely; 

(iv) Upon proceeding, cross the tracks without manually shifting gears and only in a gear of the 

vehicle which does not require manually changing gears while traversing the crossing; 

(v) After crossing the tracks, cancel the four-way hazard flashers; and 

(vi) Comply with all other federal, state or local laws or regulations pertaining to railroadhighway grade crossings. 

(b) This section shall not apply at: 

(i) Any railroad grade crossing at which traffic is controlled by a police officer or flagman; 

(ii) Any railroad grade crossing at which traffic is regulated by a traffic-control signal; 

(iii) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal 

intended to give warning of the approach of a railroad train or other on-track equipment; 

(iv) Any railroad grade crossing at which an official traffic-control device gives notice that the 

stopping requirement imposed by this section does not apply. 

(c) The department may adopt such regulations as may be necessary describing additional 

vehicles which must comply with the stopping requirements of this section. 

(d) A driver or employer of a driver who is convicted of violating this section, or an employer 

who knowingly allows, requires, permits or authorizes a driver to violate this section, shall also 

be subject to the civil penalties provided by 49 C.F.R. 383.53, as amended as of March 1, 2007. 

Wyo. Stat. Ann. § 31-18-605 (West 2021) 

 
460 

Chapter 8: Driver Action 

Chapter Overview 

This chapter presents a survey of state laws 

and regulations concerning a motorist’s 

responsibility with respect to highway-rail 

grade crossings. The laws and regulations 

address motorist behavior when approaching 

and traveling through a highway-rail grade 

crossing, as well as prohibitions against 

standing, stopping, or parking in close 

proximity to tracks at highway-rail grade 

crossings. 

Alabama (3) 

§ 32-5-54. Keep to the right in crossing intersections or railroads. 

In crossing an intersection of highways or in the intersection of a highway by a railroad right-ofway, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the 

highway unless such right half is obstructed or impassable. 

Ala. Code § 32-5-54 (2021) 

§ 32-5A-61. Driver not to proceed where traffic obstructed. 

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or 

railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the 

passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic-control 

signal indication to proceed. 

Ala. Code § 32-5A-61 (2021) 

§ 32-5A-150. Obedience to signal indicating approach of train. 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not 

less than 15 feet from the nearest rail of such railroad, and shall not proceed until he or she can 

do so safely. The foregoing requirements shall apply when: (1) A clearly visible electric or 

mechanical signal device gives warning of the immediate approach of a railroad train; (2) A 

crossing gate is lowered or when a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train; (3) A railroad train approaching within approximately 

1,500 feet of the highway crossing emits a signal audible from such distance and such railroad 

train, by reason of its speed or nearness to such crossing, is an immediate hazard; (4) An 

approaching railroad train is plainly visible and is in hazardous proximity to such crossing. (b) 

No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Ala. Code § 32-5A-150 (2021) 

Alaska (1) 

§ 02.240. Obedience to signal indicating approach of train. 

(a) When a person driving a vehicle approaches a railroad grade crossing under circumstances 

described in this section, the driver of the vehicle shall stop within 50 feet, but not less than 15 
461 

feet, from the nearest rail of the railroad, and may not proceed until he can do so safely. This stop 

is required when 

(1) a clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

(2) a crossing gate is lowered or is being lowered, or when a flagman gives either a signal to stop 

or a signal of the approach or passage of a railroad train; 

(3) a railroad train approaching within approximately 1,500 feet of the highway crossing emits a 

signal audible from that distance and the railroad train, by reason of its speed or nearness to the 

crossing, is an immediate hazard to crossing traffic; or 

(4) an approaching railroad train is visible and is in hazardous proximity to a crossing. 

(b) No person may drive a vehicle through, around or under a crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

Alaska Admin. Code tit. 13, § 02.240 (2021) 

Arizona (3) 

*§ 28-851. Railroad crossing; safety 

A. Except as provided in subsection B of this section, when a person driving a vehicle 

approaches a railroad grade crossing, the driver of the vehicle shall stop within fifty feet but not 

less than fifteen feet from the nearest rail of the railroad and may not proceed if any of the 

following applies: 

1. A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train. 

2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train. 

3. A railroad train approaching within approximately one thousand five hundred feet of the 

highway crossing emits a signal audible from such a distance and the railroad train is an 

immediate hazard by reason of its speed or proximity to the crossing. 

4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. 

5. Any other condition exists that makes it unsafe to proceed through the crossing. 

B. An operator of a vehicle who suspects a false activation or malfunction of a railroad grade 

crossing signal device where there is no gate or barrier may proceed through the railroad grade 

crossing after stopping if all of the following apply: 

1. The operator of the vehicle has a clear line of sight of at least one mile of the railroad tracks in 

all directions. 

2. There is no evidence of an approaching train. 

3. The vehicle may cross over the tracks safely. 

4. If the vehicle is a school bus, the operator complies with written district policy. 

C. An operator of a vehicle may not make a u-turn or turn the vehicle to proceed in the opposite 

direction on a railroad track or railroad grade crossing. 

D. A person shall not proceed through, around, over or under a crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

E. A pedestrian shall not do any of the following: 

1. Enter or remain within the area between a railroad track and a railroad sign or signal if the 

railroad grade crossing is active. 

2. Occupy or remain on a railroad grade crossing when the railroad sign or signal is not active 

except to cross the railroad crossing on a designated walkway. 
462 

3. Remain in an area between railroad signs or signals, railroad gates or rail crossing arms if the 

railroad grade crossing is active. 

Ariz. Rev. Stat. Ann. § 28-851 (West 2021) 

§ 28-852. Dangerous railroad grade crossing 

The director, and local authorities with the approval of the director, may designate particularly 

dangerous highway grade crossings of railroads and may erect stop signs at the crossings. If the 

stop signs are erected, the driver of a vehicle shall stop within fifty feet but not less than fifteen 

feet from the nearest rail of the railroad and shall proceed only on exercising due care. 

Ariz. Rev. Stat. Ann. § 28-852 (West 2021) 

§ 28-873. Stopping, standing or parking prohibitions; exceptions; definition 

A. Except if necessary to avoid conflict with other traffic or if in compliance with law or the 

directions of a police officer or traffic control device, a person shall not stop, stand or park a 

vehicle in any of the following places: 

9. Within fifty feet of the nearest rail or a railroad crossing or within eight feet six inches of the 

center of any railroad track, except while a motor vehicle with motive power attached is loading 

or unloading railroad cars. 

Ariz. Rev. Stat. Ann. § 28-873 (West 2021) Excerpt from applicable statute published. 

Arkansas (3) 

*§ 27-51-702. Approaching railroad grade crossing 

(a)(1) Whenever a person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, then the driver of the vehicle shall stop within fifty feet (50′) 

but not less than fifteen feet (15′) from the nearest rail of the railroad and shall not proceed until 

he or she can do so safely. 

(2) The requirements under subdivision (a)(1) of this section apply when a: 

(A) Clearly visible electric or mechanical signal device gives warning of the immediate approach 

of a railroad train or other on-track equipment; 

(B) Crossing gate is lowered or a human flagger gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment; 

(C) Railroad train or other on-track equipment approaching within approximately one thousand 

five hundred feet (1,500′) of the highway crossing emits a signal audible from such distance and 

the railroad train or other on-track equipment, by reason of the speed or nearness to the crossing 

of the railroad train or other on-track equipment, is an immediate hazard; and 

(4) An approaching railroad or other on-track equipment train is plainly visible and is in 

hazardous proximity to the crossing. 

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

Ark. Code Ann. § 27-51-702 (West 2021) 

§ 27-51-706. Dangerous crossings--Designation, crime 

(a) The State Highway Commission and local authorities, with the approval of the commission, 

are authorized to designate particularly dangerous state highway grade crossings of railroads and 

to erect stop signs there. 
463 

(b) When stop signs are erected, the driver of any vehicle shall stop within fifty feet (50′) but not 

less than ten feet (10′) from the nearest rail of the railroad and shall proceed only upon exercising 

due care. 

(c) Any person, owner, or driver of any automobile, truck, motorcycle, or other motor-driven 

vehicle violating the provisions of this section shall be deemed guilty of a misdemeanor and 

upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than 

twenty-five dollars ($25.00). 

(d) This section shall be cumulative to the other laws of this state and shall not repeal any laws or 

parts of laws except where specifically in conflict with this section. 

Ark. Code Ann. § 27-51-706 (West 2021) 

§ 27-51-1302. Stopping, standing, or parking prohibited in specified places. 

(a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with 

other traffic or in compliance with the directions of a police officer or a traffic control device, in 

any of the following places: 

(9) Within fifty feet (50') of the nearest rail of a railroad crossing; 

Ark. Code Ann. § 27-51-1302 (West 2021) Excerpt from applicable statute published. 

California (7) 

§ 21110. Railroad crossings 

Local authorities may adopt rules and regulations by ordinance or resolution to require that all 

vehicles stop before entering or crossing the tracks at any highway railroad grade crossing when 

signs are in place giving notice thereof, but no such ordinance shall be effective unless approved 

by an order of the Public Utilities Commission. 

Cal. Veh. Code § 21110 (West 2021) 

*§ 22352. Prima facie speed limits 

The prima facie limits are as follows and shall be applicable unless changed as authorized in this 

code and, if so changed, only when signs have been erected giving notice thereof: (a) Fifteen 

miles per hour: 

(1) When traversing a railway grade crossing, if during the last 100 feet of the approach to the 

crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic 

on the railway for a distance of 400 feet in both directions along the railway. This subdivision 

does not apply in the case of any railway grade crossing where a human flagman is on duty or a 

clearly visible electrical or mechanical railway crossing signal device is installed but does not 

then indicate the immediate approach of a railway train or car. 

(2) When traversing any intersection of highways if during the last 100 feet of the driver's 

approach to the intersection the driver does not have a clear and unobstructed view of the 

intersection and of any traffic upon all of the highways entering the intersection for a distance of 

100 feet along all those highways, except at an intersection protected by stop signs or yield rightof-way signs or controlled by official traffic control signals. (3) On any alley. (b) Twenty-five 

miles per hour: (1) On any highway other than a state highway, in any business or residence 

district unless a different speed is determined by local authority under procedures set forth in this 

code. (2) When approaching or passing a school building or the grounds thereof, contiguous to a 

highway and posted with a standard “SCHOOL” warning sign, while children are going to or 
464 

leaving the school either during school hours or during the noon recess period. The prima facie 

limit shall also apply when approaching or passing any school grounds which are not separated 

from the highway by a fence, gate, or other physical barrier while the grounds are in use by 

children and the highway is posted with a standard “SCHOOL” warning sign. For purposes of 

this subparagraph, standard “SCHOOL” warning signs may be placed at any distance up to 500 

feet away from school grounds. 

(3) When passing a senior center or other facility primarily used by senior citizens, contiguous to 

a street other than a state highway and posted with a standard “SENIOR” warning sign. A local 

authority may erect a sign pursuant to this paragraph when the local agency makes a 

determination that the proposed signing should be implemented. A local authority may request 

grant funding from the Active Transportation Program pursuant to Chapter 8 (commencing with 

Section 2380) of Division 3 of the Streets and Highways Code, or any other grant funding 

available to it, and use that grant funding to pay for the erection of those signs, or may utilize any 

other funds available to it to pay for the erection of those signs, including, but not limited to, 

donations from private sources. 

Cal. Veh. Code § 22352 (West 2021) 

§ 22450. Stop requirements 

(b) The driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a 

limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade 

crossing. 

Cal. Veh. Code § 22450 (West 2021) Excerpt from applicable statute published. 

*§ 22451. Train signals 

(a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing 

shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do 

so safely, whenever the following conditions exist: 

(1) A clearly visible electric or mechanical signal device or a flagman gives warning of the 

approach or passage of a train, car, or on-track equipment. 

(2) An approaching train, car, or on-track equipment is plainly visible or is emitting an audible 

signal and, by reason of its speed or nearness, is an immediate hazard. 

(b) No driver or pedestrian shall proceed through, around, or under any railroad or rail transit 

crossing gate while the gate is closed. 

Cal. Veh. Code § 22451 (West 2021) Excerpt from applicable statute published. 

§ 22521. Parking upon or near railroad track 

No person shall park a vehicle upon any railroad track or within 7 1⁄2 feet of the nearest rail. 

Cal. Veh. Code § 22521 (West 2021) 

§ 22526. Anti-Gridlock Act of 1987; parking or stopping violation 

(c) A driver of a vehicle shall not enter a railroad or rail transit crossing, notwithstanding any 

official traffic control device or signal indication to proceed, unless there is sufficient 

undercarriage clearance to cross the intersection without obstructing the through passage of a 

railway vehicle, including, but not limited to, a train, trolley, or city transit vehicle. 
465 

(d) A driver of a vehicle shall not enter a railroad or rail transit crossing, notwithstanding any 

official traffic control device or signal indication to proceed, unless there is sufficient space on 

the other side of the railroad or rail transit crossing to accommodate the vehicle driven and any 

railway vehicle, including, but not limited to, a train, trolley, or city transit vehicle. 

(e) A local authority may post appropriate signs at the entrance to intersections indicating the 

prohibition in subdivisions (a), (b), and (c). 

(f) A violation of this section is not a violation of a law relating to the safe operation of vehicles 

and is the following: 

(1) A stopping violation when a notice to appear has been issued by a peace officer described in 

Section 830.1, 830.2, or 830.33 of the Penal Code. 

(2) A parking violation when a notice of parking violation is issued by a person, other than a 

peace officer described in paragraph (1), who is authorized to enforce parking statutes and 

regulations. 

(g) This section shall be known and may be cited as the Anti-Gridlock Act of 1987. 

Cal. Veh. Code § 22526 (West 2021) Excerpt from applicable statute published. 

§ 42001.1. Conviction of infraction for violation of §§ 2815, 22526; punishment 

(a) Every person convicted of an infraction for a violation of Section 2815 or a violation of 

subdivision (a) or (b) of Section 22526 at an intersection posted pursuant to subdivision (d) of 

Section 22526 shall be punished as follows: 

(1) For a first conviction, a fine of not less than fifty dollars ($50) nor more than one hundred 

dollars ($100). 

(2) For a second conviction within a period of one year, a fine of not less than one hundred 

dollars ($100) nor more than two hundred dollars ($200). 

(3) For a third or any subsequent conviction within a period of two years, a fine of not less than 

two hundred fifty dollars ($250) nor more than five hundred dollars ($500). 

(b) In addition to the fine specified in subdivision (a), the court may order the department to 

suspend the driver's license for up to 30 days of any person convicted of a third or any 

subsequent conviction of Section 2815 within a period of two years, and the department shall 

suspend the license for the period of time so ordered. 

Cal. Veh. Code § 42001.1 (West 2021) 

Colorado (3) 

§ 42-4-706. Obedience to railroad signal 

(1) Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a 

speed that is reasonable and safe for the existing conditions. If required to stop for a traffic 

control device, flagperson, or safety before crossing the railroad grade crossing, the driver shall 

stop at the marked stop line, if any. If no such stop line exists, the driver shall: (a) Stop not less 

than fifteen feet nor more than fifty feet from the nearest rail of the railroad grade crossing and 

shall not proceed until the railroad grade can be crossed safely; or 

(b) In the event the driver would not have a reasonable view of approaching trains when stopped 

pursuant to paragraph (a) of this subsection (1), stop before proceeding across the railroad grade 

crossing at the point nearest such crossing where the driver has a reasonable view of approaching 

trains and not proceed until the railroad grade can be crossed safely. 

(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed, nor shall any 
466 

pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad grade 

crossing while such gate or barrier is closed or is being opened or closed. 

(3) Any person who violates any provision of this section commits a class A traffic infraction. 

Colo. Rev. Stat. Ann. § 42-4-706 (West 2021) 

§ 42-4-709. Stop when traffic obstructed 

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or 

railroad grade crossing to accommodate the vehicle the driver is operating without obstructing 

the passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of 

any traffic control signal to proceed. Any person who violates any provision of this section 

commits a class A traffic infraction. 

Colo. Rev. Stat. Ann. § 42-4-709 (West 2021) 

§ 42-4-1005. Limitations on overtaking on the left 

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and 

passing another vehicle proceeding in the same direction unless authorized by the provisions of 

this article and unless such left side is clearly visible and is free of oncoming traffic for a 

sufficient distance ahead to permit such overtaking and passing to be completed without 

interfering with the operation of any vehicle approaching from the opposite direction or any 

vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of 

travel as soon as practicable and, in the event the passing movement involves the use of a lane 

authorized for vehicles approaching from the opposite direction, before coming within two 

hundred feet of any approaching vehicle. 

(2) No vehicle shall be driven on the left side of the roadway under the following conditions: 

(b) When approaching within one hundred feet of or traversing any intersection or railroad grade 

crossing; or 

(5) Any person who violates any provision of this section commits a class A traffic infraction. 

Colo. Rev. Stat. Ann. § 42-4-1005 (West 2021) Excerpt from applicable statute published. 

Connecticut (4) 

*§ 13b-344a. Person not to cross tracks when warned by signal, gates, flagmen or law 

enforcement officer of approach of railroad locomotive or equipment on tracks 

No person shall cross railroad tracks at a designated railroad grade crossing when warned by an 

automatic signal, crossing gates, flagman or law enforcement officer of the approach of a 

railroad locomotive, a railroad car or train or other equipment on the railroad tracks or when 

otherwise warned of the approach of such locomotive, car or train or equipment. Violation of this 

section shall be an infraction. 

Conn. Gen. Stat. Ann. § 13b-344a (West 2021) 

§ 14-235. Vehicle not to be driven on left side of highway on curve or upgrade 

No vehicle shall be driven to the left side of the highway (1) when approaching the crest of a 

grade or upon a curve or elsewhere in the highway where a free and unobstructed view of the 

highway ahead may not be had for a sufficient distance to insure driving with safety or (2) when 

approaching within one hundred feet of or crossing any intersection or railroad grade crossing. 
467 

These limitations shall not apply on a one-way street or highway so designated by any traffic 

authority. Violation of any provision of this section shall be an infraction. 

Conn. Gen. Stat. Ann. § 14-235 (West 2021) 

§ 14-249. Stopping at grade crossings 

(a) An operator of a motor vehicle shall bring his or her motor vehicle to a full stop at a railroad 

grade crossing when warned of an approaching locomotive or a train by a law enforcement 

officer or flashing lights erected at such grade crossing pursuant to an order of the Commissioner 

of Transportation and shall refrain from passing over such crossing until the approaching 

locomotive or train has passed such crossing. 

(b) An operator of a commercial motor vehicle shall refrain from passing over such grade 

crossing, regardless of whether flashing lights are erected or are operable at such grade crossing, 

unless all tracks are clear. 

(c) An operator of a commercial motor vehicle shall, upon approaching a railroad grade crossing, 

drive such motor vehicle at a rate of speed that will enable such motor vehicle to be stopped 

when required by the provisions of subsection (a) or (b) of this section or section 14-250. 

(d) Violation of any provision of this section shall be an infraction. 

Conn. Gen. Stat. Ann. § 14-249 (West 2021) 

§ 14-301. Through ways. Stop signs 

(e) The driver of a vehicle shall stop in obedience to a stop sign at a railroad crossing erected and 

maintained on the highway by requirement of the Commissioner of Transportation or the Office 

of the State Traffic Administration. 

Conn. Gen. Stat. Ann. § 14-301 (West 2021) Excerpt from applicable statute published. 

Delaware (4) 

§ 4119. Further limitations on driving to left of center of roadway 

(a) No vehicle shall be driven on the left side of the roadway under the following conditions: 

(1) When approaching or upon a curve or the crest of a grade in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) When approaching within 100 feet of or traversing any intersection or railroad grade 

crossing, unless otherwise indicated by official traffic-control devices; 

(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or 

tunnel. 

(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions 

described in § 4114(a)(2) of this title, nor to the driver of a vehicle turning left into or from an 

alley, private road, driveway or highway. 

Del. Code Ann. tit. 21, § 4119 (West 2021) 

§ 4130. Vehicle obstructing traffic 

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk or 

railroad grade crossing to accommodate the vehicle the driver is operating without obstructing 
468 

the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control 

signal indication to proceed. 

Del. Code Ann. tit. 21, § 4130 (West 2021) 

*§ 4161. Obedience to signal indicating approach of train or other on-track equipment, 

drawbridge, or automatic signal system controlling the flow of traffic 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing, drawbridge or 

automatic signal system controlling the flow of traffic under any of the circumstances stated in 

this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the 

nearest rail of such railroad, and may not proceed until the driver can do so safely. The foregoing 

requirements apply to all of the following: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment. 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train or other on-track equipment. 

(3) A railroad train or other on-track equipment approaching within approximately 1,500 feet of 

the highway crossing emits a signal audible from such distance and such railroad train or other 

on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard. 

(4) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. 

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Del. Code Ann. tit. 21, § 4161 (West 2021) 

§ 4168. General speed restrictions 

(b) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this 

section, drive at an appropriate speed when approaching and crossing an intersection or railway 

grade crossing, when approaching and going around a curve, when approaching a hill crest, 

when traveling upon any narrow or winding roadway and when a special hazard exists with 

respect to pedestrians or other traffic or by reason of weather or highway conditions. 

Del. Code Ann. tit. 21, § 4168 (West 2021) Excerpt from applicable statute published. 

District of Columbia (3) 

§ 2200. SPEED RESTRICTIONS 

2200.1 Except when a special hazard exists that requires lower speed for compliance with this 

section, the limits specified in this section, or established as authorized in § 2200.2, shall be the 

maximum lawful speeds, and no person shall drive a vehicle on a street or highway at a speed in 

excess of such maximum limits. 

2200.2 Whenever the Mayor determines, upon the basis of an engineering and traffic 

investigation made by the Director, that any speed limit set forth in this section is greater or less 

than is reasonable or safe under the conditions found to exist at any intersection or other place or 

upon any part of a street or highway, he or she may determine and declare a reasonable and safe 

speed limit which shall be effective at all times, during the hours of daylight or darkness, or at 

such other times as may be determined when appropriate signs giving notice of the speed limits 

are erected at such intersections or other place or part of the highway. 
469 

2200.3 No person shall drive a vehicle on a street or highway at a speed greater than is 

reasonable and prudent under the conditions and having regard to the actual and potential 

hazards then existing. 

2200.4 In every event speed shall be so controlled as may be necessary to avoid colliding with 

any person, vehicle, or other conveyance on or entering the street or highway in compliance with 

legal requirements and the duty of all persons to use due care. 

2200.5 The driver of every vehicle shall, consistent with requirements of this section, drive at an 

appropriate reduced speed when approaching and crossing an intersection or railway grade 

crossing; when approaching and going around a curve; when approaching a hill crest; when 

traveling upon any narrow or winding roadway; and when special hazard exists with respect to 

pedestrians or other traffic, or by reason of weather or highway conditions. 

2200.6 On all streets and highways, unless otherwise designated in accordance with § 2200.2, the 

maximum lawful speed shall be twenty miles per hour (20 mph). 

2200.7 In all alleys, the maximum lawful speed shall be fifteen miles per hour (15 mph). 

2200.8 On roadways adjacent to school facilities and grounds serving youth, the maximum 

lawful speed shall be fifteen miles per hour (15 mph) when designated by an official sign at the 

times indicated on the official sign. 

2200.9 On roadways adjacent to a playground, recreational facility, health care facility, pool, 

athletic field, or senior center designated by official signs, the maximum lawful speed shall be 

fifteen miles per hour (15 mph) when designated by an official sign at the times indicated on the 

official sign. 

2200.10 No person shall drive a motor vehicle at such a slow speed as to impede or block the 

normal and reasonable movement of traffic, except when reduced speed is necessary for safe 

operation or to be in compliance with the law. 

2200.11 Any individual violating any provision of this section, except where the offense 

constitutes reckless driving or a specific penalty is provided for the offense, shall, upon 

determination of liability therefor, be subject to a civil fine pursuant to the District of Columbia 

Traffic Adjudication Act. 2200.12 Any individual who shall drive a vehicle on a roadway or 

highway at a speed greater than thirty miles per hour (30 mph) in excess of the legal speed limit 

for such roadway or highway shall, upon conviction, be fined not more than the amount set forth 

in the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 

19-317; D.C. Official Code § 22-3571.01), or imprisoned not more than ninety (90) days, or 

both, provided that if the vehicle is detected through the use of an automated traffic enforcement 

system of traveling at a speed greater than thirty miles per hour (30 mph) in excess of the legal 

speed limit, the owner shall be liable for the fine established in Section 2600 of this title. 

D.C. Mun. Regs. tit. 18, § 2200 (2021) 

§ 2216. RAILROAD CROSSINGS 

2216.1 Whenever any person driving a vehicle approaches a railroad grade crossing under any of 

the circumstances stated in this section, the driver of the vehicle shall stop within fifty feet (50 

ft.), but not less than fifteen feet (15 ft.), from the nearest rail of the railroad, and. shall not 

proceed until it can be done safely. 

2216.2 The requirements of § 2216.1 shall apply in the following circumstances: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 
470 

(b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train; 

(c) A railroad train approaching within approximately fifteen hundred feet (1500 ft.) of the 

highway crossing emits a signal audible from that distance, and the railroad train, by reason of its 

speed or nearness to the crossing, is an immediate hazard; and 

(d) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. 

Current through District of Columbia Register, Volume 68, Number 14, dated April 2, 2021. 

D.C. Mun. Regs. tit. 18, § 2216 (2021) 

§ 18-2405. STOPPING, STANDING, OR PARKING PROHIBITED: NO SIGN 

REQUIRED. 

2405.2 No person shall stand or park a motor vehicle or trailer, whether occupied or not, in any 

of the following places (including for the purpose of loading or unloading materials), except 

when necessary to avoid conflict with other traffic, or at the direction of a police officer, traffic 

control sign, or signal; provided, that a vehicle may stop momentarily to pick up or discharge a 

passenger or passengers: (e) Within fifty feet (50 ft.) of a railroad crossing; 

D.C. Mun. Regs. tit. 18, § 2405 (2021) Excerpt from applicable statute published. 

Florida (5) 

§ 316.087. Further limitations on driving to left of center of roadway 

(1) No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(d) When approaching within 100 feet of or traversing any railroad grade crossing; 

(3)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation 

as provided in chapter 318. 

Fla. Stat. Ann. § 316.087 (West 2021) Excerpt from applicable statute published. 

§ 316.183. Unlawful speed 

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and 

prudent under the conditions and having regard to the actual and potential hazards then existing. 

In every event, speed shall be controlled as may be necessary to avoid colliding with any person, 

vehicle, or other conveyance or object on or entering the highway in compliance with legal 

requirements and the duty of all persons to use due care. 

(4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at 

an appropriately reduced speed when: 

(a) Approaching and crossing an intersection or railway grade crossing; 

(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving 

violation as provided in chapter 318. 

Fla. Stat. Ann. § 316.183 (West 2021) Excerpt from applicable statute published. 

§ 316.1575. Obedience to traffic control devices at railroad-highway grade crossings 

(1) Any person walking or driving a vehicle and approaching a railroad-highway grade crossing 

under any of the circumstances stated in this section shall stop within 50 feet but not less than 15 

feet from the nearest rail of such railroad and shall not proceed until he or she can do so safely. 

The foregoing requirements apply when: 
471 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

(b) A crossing gate is lowered or a law enforcement officer or a human flagger gives or 

continues to give a signal of the approach or passage of a railroad train; 

(c) An approaching railroad train emits an audible signal or the railroad train, by reason of its 

speed or nearness to the crossing, is an immediate hazard; or 

(d) An approaching railroad train is plainly visible and is in hazardous proximity to the railroadhighway grade crossing, regardless of the type of traffic control devices installed at the crossing. 

(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad-highway grade crossing while the gate or barrier is closed or is being opened or closed. 

(3) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 

318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, 

as a moving violation. 

Fla. Stat. Ann. § 316.1575 (West 2021) 

§ 316.1576. Insufficient clearance at a railroad-highway grade crossing 

(1) A person may not drive any vehicle through a railroad-highway grade crossing that does not 

have sufficient space to drive completely through the crossing without stopping. 

(2) A person may not drive any vehicle through a railroad-highway grade crossing that does not 

have sufficient undercarriage clearance to drive completely through the crossing without 

stopping. 

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving 

violation as provided in chapter 318. 

Fla. Stat. Ann. § 316.1576 (West 2021) 

§ 316.1945. Stopping, standing, or parking prohibited in specified places 

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the 

directions of a police officer or official traffic control device, no person shall: 

(a) Stop, stand, or park a vehicle: 

8. On any railroad tracks. 

(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while 

actually engaged in, loading or unloading merchandise or passengers: 

1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of 

Transportation establishes a different distance due to unusual circumstances. 

2. At any place where official signs prohibit parking. 

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving 

violation as provided in chapter 318. 

Fla. Stat. Ann.§ 316.1945 (West 2021) Excerpt from applicable statute published. 

Georgia (3) 

§ 40-6-45. Further limitations on driving on left of center of roadway 

(a) No vehicle shall be driven on the left side of a roadway designed and authorized for traffic 

traveling in opposite directions under the following conditions: 
472 

(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) When traversing any: 

(A) Intersection which is clearly marked by a solid barrier line placed on the right-hand element 

of a combination stripe along the center or lane line or by a solid double yellow line; or 

(B) Railroad grade crossing; or 

(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or 

tunnel. 

(b) The foregoing limitations shall not apply upon a one-way roadway nor under the conditions 

described in paragraph (2) of subsection (a) of Code Section 40-6-40 nor to the driver of a 

vehicle turning left into or from an alley, private road, driveway, or roadway. 

Ga. Code Ann. § 40-6-45 (West 2021) 

*§ 40-6-140. Travel across railroad crossings; obedience to signals; safe crossing 

(a) As used in this Code section, the term “other on-track equipment” means any car, rolling 

stock, or other device that, alone or coupled to another device, is operated on stationary rails. 

(b) Whenever any person driving a vehicle approaches a railroad grade crossing, such driver 

shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall 

not proceed until he or she can do so safely, when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a train; 

(2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the 

approach of the passage of a train or other on-track equipment; or 

(3) An approaching train or other on-track equipment is plainly visible and is in hazardous 

proximity to such crossing. 

(c) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

(d) If no electric or mechanical signal device is giving warning of the immediate approach of a 

train or other on-track equipment, no crossing gate or barrier is closed, there is no stop sign at the 

crossing, and there is no human flagman giving warning, all drivers shall slow to a reasonable 

and prudent speed and verify that there is no approaching train or other on-track equipment prior 

to proceeding. For the purposes of this subsection, “a reasonable and prudent speed” means a 

speed slow enough to enable the driver to safely stop the vehicle prior to reaching the nearest rail 

of such crossing. 

(e) No person shall drive a vehicle over a railroad grade crossing when a train or other on-track 

equipment is approaching. 

(f) No person shall drive a vehicle over a railroad grade crossing if there is insufficient space to 

drive completely through the crossing without stopping. (g) No person shall drive a vehicle over 

a railroad grade crossing if there is insufficient undercarriage clearance for the vehicle to 

negotiate the crossing. 

Ga. Code Ann. § 40-6-140 (West 2021) 

§ 40-6-180. Basic rules 

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the 

conditions and having regard for the actual and potential hazards then existing. Consistently with 
473 

the foregoing, every person shall drive at a reasonable and prudent speed when approaching and 

crossing an intersection or railroad grade crossing, when approaching and going around a curve, 

when approaching and traversing a hill crest, when traveling upon any narrow or winding 

roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason 

of weather or highway conditions. 

Ga. Code Ann. § 40-6-180 (West 2021) 

Hawaii (5) 

[§ 291C-46]. Further limitation on driving on left of center of roadway 

(a) No vehicle shall be driven to the left side of the roadway under the following conditions: 

(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) When approaching within one hundred feet of or traversing any intersection or railroad grade 

crossing; 

(3) When the view is obstructed upon approaching within one hundred feet of any bridge, 

viaduct, or tunnel. 

(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions 

described in section 291C-41(a)(2), nor to the driver of a vehicle turning left into or from an 

alley, private road, or driveway. 

Haw. Rev. Stat. Ann. § 291C-46 (West 2021) 

§ 291C-91. Obedience to signal indicating approach of train 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of the vehicle shall stop within fifty feet but not 

less than fifteen feet from the nearest rail of the railroad, and shall not proceed until the train has 

passed. The foregoing requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

(2) A crossing gate is lowered or when a human flagperson gives or continues to give a signal of 

the approach or passage of a train; 

(3) A railroad train approaching within approximately fifteen hundred feet of the highway 

crossing emits a signal audible from that distance and the railroad train, by reason of its speed or 

nearness to the crossing, is an immediate hazard; 

(4) An approaching railroad train is approximately within fifteen hundred feet of the crossing and 

is plainly visible and is in hazardous proximity to the crossing. 

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

Haw. Rev. Stat. Ann. § 291C-91 (West 2021) 

§ 291C-92. All vehicles must stop at certain railroad grade crossings 

The director of transportation and the counties are authorized to designate particularly dangerous 

highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are 

erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the 

nearest rail of such railroad and shall proceed only if no train is approaching. If a train is 
474 

approaching, and is approximately within fifteen hundred feet of the crossing, the driver must not 

proceed until after the train has passed. 

Haw. Rev. Stat. Ann. § 291C-92 (West 2021) 

§ 291C-101. Basic rule 

No person shall drive a vehicle at a speed greater than is reasonable and prudent and having 

regard to the actual and potential hazards and conditions then existing. Consistent with the 

foregoing, every person shall drive at a safe and appropriate speed when approaching and 

crossing an intersection or railroad grade crossing, when approaching and going around a curve, 

when approaching a hill crest, when traveling upon any narrow or winding roadway, and when 

special hazards exist with respect to pedestrians or other traffic, or by reason of weather or 

highway conditions. 

Haw. Rev. Stat. Ann. § 291C-101 (West 2021) 

*§ 291C-161. Penalties; photo red light imaging detector system fines 

(a) It shall be a violation for any person to violate any of the provisions of this chapter, except as 

otherwise specified in subsections (c) and (d) and unless the violation is by other law of this 

State declared to be a felony, misdemeanor, or petty misdemeanor. 

(b) Except as provided in subsections (c) and (d), every person who is determined to have 

violated any provision of this chapter for which another penalty is not provided shall be fined: 

(1) Not more than $200 for a first violation thereof; 

(2) Not more than $300 for a second violation committed within one year after the date of the 

first violation; and 

(3) Not more than $500 for a third or subsequent violation committed within one year after the 

date of the first violation. 

(c) Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C12.6, 291C-13, 291C-14, 291C-15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 

291C-104, or 291C-105 shall be sentenced or fined in accordance with those sections. 

(d) Every person who violates section 291C-13 or 291C-18 shall: 

(1) Be fined not more than $200 or imprisoned not more than ten days for a first conviction 

thereof; 

(2) Be fined not more than $300 or imprisoned not more than twenty days or both for conviction 

of a second offense committed within one year after the date of the first offense; and 

(3) Be fined not more than $500 or imprisoned not more than six months or both for conviction 

of a third or subsequent offense committed within one year after the date of the first offense. 

(e) The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon 

any person who fails to appear at the place within the time specified in the citation issued to the 

person for any traffic violation. 

(f) Fines collected for a violation of section 291C-32(c) pursuant to the photo red light imaging 

detector system established pursuant to chapter 291J shall be deposited into the photo red light 

imaging detector systems program special fund established under section 291J-12 and shall be 

expended in the county in which the fine was imposed, for purposes that include the 

establishment, implementation, operation, oversight, management, repair and maintenance of a 

photo red light imaging detector system. 
475 

(g) The court may require a person who violates any of the provisions of this chapter to attend a 

course of instruction in driver retraining as deemed appropriate by the court, in addition to any 

other penalties imposed. 

Haw. Rev. Stat. Ann. § 291C-161 (West 2021) 

Idaho (5) 

*§ 49-614. Stop when traffic obstructed 

No driver shall enter an intersection, or a marked crosswalk, or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or 

railroad grade crossing to accommodate the vehicle he is operating without obstructing the 

passage of other vehicles, pedestrians, railroad trains, or other on-track equipment, regardless of 

any traffic control signal indication to proceed. 

Idaho Code Ann. § 49-614 (West 2021) 

§ 49-635. Further limitations on driving on left of center of highway 

(1) No vehicle shall be driven on the left side of the highway under the following conditions: 

(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's 

view is obstructed within a distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(b) When approaching within one hundred (100) feet of or traversing any intersection or railroad 

grade crossing, unless otherwise indicated by traffic control devices; 

Idaho Code Ann. § 49-635 (West 2021) Excerpt from applicable statute published. 

*§ 49-648. Obedience to signal indicating approach of train or other on-track equipment 

(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver shall stop within fifty (50) feet but not less than 

fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he can do so 

safely. These requirements shall apply when: 

(a) A stop sign is in place and there is an absence of any mechanical warning signals; 

(b) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment; 

(c) A crossing gate is lowered or when a flagman gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment; 

(d) A railroad train or other on-track equipment approaching within approximately fifteen one 

thousand five hundred (1,500) feet of the highway crossing emits a signal audible from that 

distance and the railroad train or other on-track equipment, by reason of its speed or nearness to 

the crossing, is an immediate hazard; 

(e) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to the crossing. 

(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

Idaho Code Ann. § 49-648 (West 2021) 

*§ 49-649. Compliance with stopping requirement at all railroad grade crossings 
476 

(1) The driver of any vehicle stopped at a railroad grade crossing shall listen and look in both 

directions along the track for any approaching train, or other on-track equipment and for signals 

indicating the approach of a train or other on-track equipment and shall not proceed until he can 

do so safely. Upon proceeding when it is safe to do so the driver shall cross only in a gear of the 

vehicle in order that there will be no necessity for manually changing gears while traversing the 

crossing, and the driver shall not manually shift gears while crossing the tracks. 

(2) This section shall not apply at: 

(a) Any railroad grade crossing at which traffic is controlled by a peace officer or flagman; 

(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; 

(c) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal 

intended to give warning of the approach of a railroad train or other on-track equipment; or 

(d) Any railroad grade crossing at which a traffic control device gives notice that the stopping 

requirement imposed by this section does not apply. 

Idaho Code Ann. § 49-649 (West 2021) 

§ 49-654. Basic rule and maximum speed limits 

(1) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the 

conditions and having regard to the actual and potential hazards then existing. Consistent with 

the foregoing, every person shall drive at a safe and appropriate speed when approaching and 

crossing an intersection or railroad grade crossing, when approaching and going around a curve, 

when approaching a hillcrest, when traveling upon any narrow or winding highway, and when 

special hazards exist with respect to pedestrians or other traffic or by reason of weather or 

highway conditions. 

Idaho Code Ann. § 49-654 (West 2021) Excerpt from applicable statute published. 

Illinois (3) 

§ 5/11-706. Further limitations on driving to the left of center of roadway 

§ 11-706. Further limitations on driving to the left of center of roadway. 

(a) No vehicle shall be driven on the left side of the roadway under the following conditions: 

1. When approaching or upon the crest of a grade or a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction. 

2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing. 

3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or 

tunnel. 

(b) The limitations in sub-paragraphs 1, 2 and 3 do not apply upon a one-way roadway nor upon 

a roadway with unobstructed pavement of sufficient width for 2 or more lanes of moving traffic 

in each direction nor to the driver of a vehicle turning left into or from an alley, private road or 

driveway when such movements can be made with safety. 

625 Ill. Comp. Stat. Ann. 5/11-706 (West 2021) 

*§ 5/11-1201. Obedience to signal indicating approach of train or railroad track equipment

§ 11-1201. Obedience to signal indicating approach of train or railroad track equipment. 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing where the driver 

is not always required to stop, the person must exercise due care and caution as the existence of a 
477 

railroad track across a highway is a warning of danger, and under any of the circumstances stated 

in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail 

of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The 

foregoing requirements shall apply when: 

1. A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or railroad track equipment; 

2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train or railroad track equipment; 

3. A railroad train or railroad track equipment approaching a highway crossing emits a warning 

signal and such railroad train or railroad track equipment, by reason of its speed or nearness to 

such crossing, is an immediate hazard; 

4. An approaching railroad train or railroad track equipment is plainly visible and is in hazardous 

proximity to such crossing; 

5. A railroad train or railroad track equipment is approaching so closely that an immediate hazard 

is created. 

(a-5) Whenever a person driving a vehicle approaches a railroad grade crossing where the driver 

is not always required to stop but must slow down, the person must exercise due care and caution 

as the existence of a railroad track across a highway is a warning of danger, and under any of the 

circumstances stated in this Section, the driver shall slow down within 50 feet but not less than 

15 feet from the nearest rail of the railroad and shall not proceed until he or she checks that the 

tracks are clear of an approaching train or railroad track equipment. 

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

(c) The Department, and local authorities with the approval of the Department, are hereby 

authorized to designate particularly dangerous highway grade crossings of railroads and to erect 

stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 

feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon 

exercising due care. 

(d) At any railroad grade crossing provided with railroad crossbuck signs, without automatic, 

electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the 

approach or passage of a train or railroad track equipment, the driver of a vehicle shall in 

obedience to the railroad crossbuck sign, yield the right-of-way and slow down to a speed 

reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked 

stopped line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the 

railroad and shall not proceed until he or she can do so safely. If a driver is involved in a 

collision at a railroad crossing or interferes with the movement of a train or railroad track 

equipment after driving past the railroad crossbuck sign, the collision or interference is prima 

facie evidence of the driver's failure to yield right-of-way. 

(d-1) No person shall, while driving a commercial motor vehicle, fail to negotiate a railroadhighway grade railroad crossing because of insufficient undercarriage clearance. 

(d-5) (Blank). 

(e) It is unlawful to violate any part of this Section. 

(1) A violation of this Section is a petty offense for which a fine of $500 shall be imposed for a 

first violation, and a fine of $1,000 shall be imposed for a second or subsequent violation. The 

court may impose 25 hours of community service in place of the $500 fine for the first violation. 
478 

(2) For a second or subsequent violation, the Secretary of State may suspend the driving 

privileges of the offender for a minimum of 6 months. 

(f) Corporate authorities of municipal corporations regulating operators of vehicles that fail to 

obey signals indicating the presence, approach, passage, or departure of a train or railroad track 

equipment shall impose fines as established in subsection (e) of this Section. 

625 Ill. Comp. Stat. Ann. 5/11-1201 (West 2021) 

§ 5/11-1425. Stop when traffic obstructed 

§ 11-1425. Stop when traffic obstructed. 

(a) No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk or 

railroad grade crossing to accommodate the vehicle he is operating without obstructing the 

passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal 

indication to proceed. 

(b) No driver shall enter a highway rail grade crossing unless there is sufficient space on the 

other side of the highway rail grade crossing to accommodate the vehicle being operated without 

obstructing the passage of a train or other railroad equipment using the rails, notwithstanding any 

traffic-control signal indication to proceed. 

(c) (Blank). 

(d) Beginning with the effective date of this amendatory Act of the 95th General Assembly, the 

Secretary of State shall suspend for a period of one month the driving privileges of any person 

convicted of a violation of subsection (b) of this Section or a similar provision of a local 

ordinance; the Secretary shall suspend for a period of 3 months the driving privileges of any 

person convicted of a second or subsequent violation of subsection (b) of this Section or a similar 

provision of a local ordinance if the second or subsequent violation occurs within 5 years of a 

prior conviction for the same offense. In addition to the suspensions authorized by this Section, 

any person convicted of violating subsection (b) of this Section or a similar provision of a local 

ordinance shall be subject to a mandatory fine of $500 or 50 hours of community service. Any 

person given a disposition of court supervision for violating subsection (b) of this Section or a 

similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 

hours of community service. Upon a second or subsequent violation, in addition to the 

suspensions authorized by this Section, the person shall be subject to a mandatory fine of $500 

and 50 hours community service. The Secretary may also grant, for the duration of any 

suspension issued under this subsection, a restricted driving permit granting the privilege of 

driving a motor vehicle between the driver's residence and place of employment or within other 

proper limits that the Secretary of State shall find necessary to avoid any undue hardship. A 

restricted driving permit issued hereunder shall be subject to cancellation, revocation and 

suspension by the Secretary of State in like manner and for like cause as a driver's license may 

be cancelled, revoked or suspended; except that a conviction upon one or more offenses against 

laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the 

revocation, suspension or cancellation of the restricted driving permit. The Secretary of State 

may, as a condition to the issuance of a restricted driving permit, require the applicant to 

participate in a designated driver remedial or rehabilitative program. Any conviction for a 

violation of this subsection shall be included as an offense for the purposes of determining 

suspension action under any other provision of this Code, provided however, that the penalties 
479 

provided under this subsection shall be imposed unless those penalties imposed under other 

applicable provisions are greater. 

625 Ill. Comp. Stat. Ann. 5/11-1425 (West 2021) 

Indiana (2) 

§ 9-21-4-16 Stopping at railroad crossings; procedure 

Sec. 16. When a stop sign is erected at a railroad crossing, the driver of a vehicle shall stop 

within fifty (50) feet but not less than ten (10) feet from the nearest track of the grade crossing 

and shall proceed only upon exercising due care. 

Ind. Code Ann. § 9-21-4-16 (West 2021) 

§ 9-21-8-39 Railroad grade crossings 

Sec. 39. Whenever a person who drives a vehicle approaches a railroad grade crossing, the 

person shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of 

the railroad and may not proceed until the person can do so safely under the following 

circumstances: 

(1) When a clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a train or other on-track equipment. 

(2) When a crossing gate is lowered or when a human flagman gives or continues to give a signal 

of the approach or passage of a train or other on-track equipment. 

(3) When a railroad train or other on-track equipment approaching within one thousand five 

hundred (1,500) feet of a highway crossing emits an audible signal and because of speed or 

nearness to the crossing is an immediate hazard. 

(4) When an approaching train or other on-track equipment is plainly visible and is in hazardous 

proximity to the crossing. 

Ind. Code Ann. § 9-21-8-39 (West 2021) 

Iowa (4) 

§ 321.341. Obedience to signal indicating approach of railroad train or railroad track 

equipment 

1. When a person driving a vehicle approaches a railroad grade crossing and warning is given by 

automatic signal, crossing gates, a flag person, or otherwise of the immediate approach of a 

railroad train or railroad track equipment, the driver of the vehicle shall stop the vehicle within 

fifty feet but not less than fifteen feet from the nearest rail and shall not proceed until the driver 

can do so safely. 

2. The driver of a vehicle shall stop the vehicle and the vehicle shall remain standing and not 

traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives 

or continues to give a signal of the approach or passage of a railroad train or railroad track 

equipment. 

Iowa Code Ann. § 321.341 (West 2021) 

§ 321.342. Stop at certain railroad crossings--posting warning 

1. The driver of any vehicle approaching a railroad grade crossing across which traffic is 

regulated by a stop sign, a railroad sign directing traffic to stop, or an official traffic control 
480 

signal displaying a flashing red or steady circular red colored light shall stop prior to driving 

across the railroad grade crossing at the first opportunity at either the clearly marked stop line or 

at a point near the crossing where the driver has a clear view of the approaching railroad train or 

railroad track equipment. 

2. The department, city or county shall be required to post the standard sign as prescribed by the 

manual on uniform traffic-control devices adopted by the department pursuant to section 321.252 

in advance of each railroad grade crossing to warn the motorist that the motorist is approaching a 

railroad grade crossing. Upon properly posting all railroad grade crossings within its jurisdiction 

and upon implementing the standards established in accordance with section 307.26, the 

department, city, or county shall not have any other affirmative duty to warn a motor vehicle 

operator approaching or at the railroad grade crossing. 

Iowa Code Ann. § 321.342 (West 2021) 

§ 321.344A. Reported violations for failure to stop at a railroad crossing--citations 

1. The employee of a railroad who observes a violation of section 321.341, 321.342, 321.343, or 

321.344 may prepare a written report on a form provided by the department of public safety 

indicating that a violation has occurred. The railroad employee may deliver the report not more 

than seventy-two hours after the violation occurred to a peace officer of the state or a peace 

officer of the county or municipality in which the violation occurred. The report shall state the 

time and the location at which the violation occurred and shall include the registration plate 

number and a description of the vehicle involved in the violation. 

2. A peace officer may initiate an investigation not more than seven calendar days after receiving 

a report of a violation pursuant to this section. The peace officer may request that the owner of 

the vehicle supply information identifying the driver of the vehicle in accordance with section 

321.484, or in the case of a commercial motor vehicle, the peace officer may request that the 

employer of the driver provide information identifying the driver of the vehicle. 

a. If from the investigation, the peace officer is able to identify the driver of the vehicle and has 

reasonable cause to believe a violation has occurred, the peace officer shall prepare a uniform 

traffic citation for the violation and shall serve it personally or by certified mail on the driver of 

the vehicle. 

b. If, from the investigation, the peace officer has reasonable cause to believe that a violation 

occurred but is unable to identify the driver, the peace officer shall serve a uniform traffic 

citation for the violation on the owner of the motor vehicle or, in the case of a commercial motor 

vehicle, on the employer of the driver. Notwithstanding section 321.484, in a proceeding where 

the peace officer who conducted the investigation was not able to identify the driver of the motor 

vehicle, proof that the motor vehicle described in the uniform traffic citation was used to commit 

the violation of section 321.341, 321.342, 321.343, or 321.344, together with proof that the 

defendant named in the citation was the owner of the motor vehicle or, in the case of a 

commercial motor vehicle, the employer of the driver, at the time the violation occurred, 

constitutes a permissible inference that the owner or employer was the person who committed 

the violation. 

c. For purposes of this subsection, “owner” means a person who holds the legal title to a motor 

vehicle; however, if the motor vehicle is the subject of a security agreement with a right of 

possession in the debtor, the debtor shall be deemed the owner for purposes of this subsection, or 

if the motor vehicle is leased as defined in section 321.493, the lessee shall be deemed the owner 

for purposes of this subsection. 
481 

Iowa Code Ann. § 321.344A (West 2021) 

§ 321.358. Stopping, standing, or parking 

No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other 

traffic or in compliance with the directions of a police officer or traffic-control device, in any of 

the following places: 

8. Within fifty feet of the nearest rail of a railroad crossing, except when parked parallel with 

such rail and not exhibiting a red light. 

Iowa Code Ann. § 321.358 (West 2021) Excerpt from applicable statute published. 

Kansas (6) 

§ 8-1519. Driving on left side of roadway prohibited; exceptions 

(a) No vehicle shall be driven on the left side of the roadway under the following conditions: (1) 

When approaching or upon the crest of a grade or a curve in the highway where the driver's view 

is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; (2) when approaching within 100 feet of or traversing any 

intersection or railroad grade crossing, except that this section shall not apply to any intersection 

on a state or county maintained highway located outside city limits unless such intersection is 

marked by an official department of transportation or county road department traffic control 

device or pavement marking or both indicating that passing is prohibited and such marking is 

placed at least 100 feet before the intersection; or (3) when the view is obstructed upon 

approaching within 100 feet of any bridge, viaduct or tunnel. (b) The foregoing limitations shall 

not apply upon a one-way roadway, nor under the conditions described in subsection (a)(2) of 

K.S.A. 8-1514, and amendments thereto, nor to the driver of a vehicle turning left into or from an 

alley, private road or driveway. 

Kan. Stat. Ann. § 8-1519 (West 2021) 

*§ 8-1551. Obedience to signal indicating approach of train or other on-track equipment 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not 

less than 15 feet from the nearest rail of such railroad, and shall not proceed until such driver can 

do so safely. The foregoing requirements shall apply when: (1) A clearly visible electric or 

mechanical signal device gives warning of the immediate approach of a railroad train or other 

on-track equipment; (2) a crossing gate is lowered or when a human flagman gives or continues 

to give a signal of the approach or passage of a railroad train or other on-track equipment; (3) a 

railroad train or other on-track equipment approaching within approximately 1,500 feet of the 

highway crossing emits a signal audible from such distance and such railroad train or other ontrack equipment, by reason of its speed or nearness to such crossing, is an immediate hazard; or 

(4) an approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. (b) No person shall drive any vehicle through, around or 

under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is 

being opened or closed. 

Kan. Stat. Ann. § 8-1551 (West 2021) Excerpt from applicable statute published. 
482 

§ 8-1552. Designation of dangerous railroad grade crossings; vehicles required to stop, 

when 

The secretary of transportation and local authorities, with the approval of the secretary, are 

hereby authorized to designate particularly dangerous highway grade crossings of railroads and 

to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop 

within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and 

shall proceed only upon exercising due care. 

Kan. Stat. Ann. § 8-1552 (West 2021) 

§ 8-1557. Basic rule governing speed of vehicles 

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the 

conditions and having regard to the actual hazards then existing. Consistent with the foregoing, 

every person shall drive at a safe and appropriate speed when approaching and crossing an 

intersection or railroad grade crossing, when approaching and going around a curve, when 

approaching a hill crest, when traveling upon any narrow or winding roadway, and when special 

hazards exist with respect to pedestrians or other traffic or by reason of weather or highway 

conditions. 

Kan. Stat. Ann. § 8-1557 (West 2021) 

§ 8-1584. Restrictions on driving into intersection or crosswalk or onto railroad grade 

crossing 

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk or 

railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the 

passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal 

indication to proceed. 

Kan. Stat. Ann. § 8-1584 (West 2021) 

*§ 8-2118. Uniform fine schedule for traffic infraction violations; payment by mail with 

plea, when; full payment required; ordinance traffic infractions; doubling of fine in road 

construction zone and school zone; escalating fines for unlawful passing of a school bus 

(a) A person charged with a traffic infraction shall, except as provided in subsection (b), appear 

at the place and time specified in the notice to appear. If the person enters an appearance, waives 

right to trial, pleads guilty or no contest, the fine shall be no greater than that specified in the 

uniform fine schedule in subsection (c) and court costs shall be taxed as provided by law. 

(b) Prior to the time specified in the notice to appear, a person charged with a traffic infraction 

may enter a written appearance, waive right to trial, plead guilty or no contest and pay the fine 

for the violation as specified in the uniform fine schedule in subsection (c) and court costs 

provided by law. Payment may be made in any manner accepted by the court. The traffic citation 

shall not have been complied with if the payment is not honored for any reason, or if the fine and 

court costs are not paid in full. When a person charged with a traffic infraction makes payment 

without executing a written waiver of right to trial and plea of guilty or no contest, the payment 

shall be deemed such an appearance, waiver of right to trial and plea of no contest. 

(c) The following uniform fine schedule shall apply uniformly throughout the state but shall not 

limit the fine which may be imposed following a court appearance, except an appearance made 
483 

for the purpose of pleading and payment as permitted by subsection (a). The description of 

offense contained in the following uniform fine schedule is for reference only and is not a legal 

definition. 

Kan. Stat. Ann. § 8-2118 (West 2021) Excerpt from applicable statute published. 

Kentucky (2) 

§ 189.345 Prohibitions against driving on left side of roadway 

(1) No vehicle shall be driven on the left side of the roadway under the following conditions: 

(a) When approaching or upon the crest of a grade or a curve in the highway where the operator's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(b) When approaching within one hundred (100) feet of or traversing any intersection or railroad 

grade crossing; 

(c) When the view is obstructed upon approaching within one hundred (100) feet of any bridge, 

viaduct or tunnel. 

(2) The foregoing limitations shall not apply upon a one (1) way roadway, nor when an 

obstruction exists making it necessary to drive to the left of the center of the highway; provided, 

any person so doing shall yield the right of way to all vehicles traveling in the proper direction 

upon the unobstructed portion of the highway within such distance as to constitute an immediate 

hazard, nor to the operator of a vehicle turning left into or from an alley, private road or 

driveway. 

Ky. Rev. Stat. Ann. § 189.345 (West 2021) 

*§ 189.560 Railroad crossings; duties of motor vehicle operators and commercial drivers; 

railroad’s liability for death or injury 

(1) The operator of a vehicle shall stop and remain standing at a railroad grade crossing when 

any of the following conditions exist: 

(a) A visible electric or mechanical signal device warns of the immediate approach of a railroad 

train or other on-track equipment; 

(b) A crossing gate is lowered warning of the immediate approach or passage of a railroad train 

or other on-track equipment; 

(c) An approaching train or other on-track equipment is visible and in hazardous proximity; or 

(d) A human flagman signals the approach or passage of a train or other on-track equipment. 

(2) In addition to subsection (1) of this section, a person who holds or is required to hold a CDL 

as defined in KRS 281A.010 and is driving a commercial motor vehicle shall: 

(a) Slow down and check that the railroad tracks are clear of an approaching train; 

(b) Stop and remain standing at a railroad grade crossing if the railroad tracks are not clear; 

(c) Maintain sufficient space to drive completely through the railroad grade crossing without 

stopping; and 

(d) Negotiate a railroad grade crossing only with sufficient undercarriage clearance. 

(3) Whenever the tracks of any railroad or interurban railway over which trains or cars are 

regularly operated cross a state maintained highway at grade, the cabinet may designate that 

crossing as “unsafe,” and no operator of any vehicle shall cross the crossing without first 

bringing his vehicle to a full stop no closer than a marked stop line or fifteen (15) feet, nor more 

than thirty (30) feet, from the nearest rail of the tracks. 
484 

(4) At crossings designated “unsafe,” the cabinet shall place and maintain on each side of the 

tracks on the right side of the highway, at the marked stopping position, or, if the stopping 

position is not marked, on the pavement not more than twenty-five (25) feet in advance of the 

track, an octagonal shape sign of a type and size currently approved for use by the cabinet 

bearing the word “Stop” in white letters not less than ten (10) inches in height. 

(5) The cabinet shall install the signs described in subsection (3) of this section, within sixty (60) 

days after the crossing is designated unsafe. 

(6) Subsections (3) to (5) of this section shall not apply to grade crossings at which have been 

constructed and maintained gates, electric warning signals, or other automatic audible signals, or 

which are protected by watchmen. 

(7) The failure to observe subsections (3) to (6) of this section shall not change the liability of 

any railroad or interurban railway in the trial of any civil case against the railroad or interurban 

railway for death or injuries, to person or property. 

(8) If subsection (7) of this section is declared unconstitutional, then subsections (3) to (8) of this 

section shall be ineffective. 

Ky. Rev. Stat. Ann. § 189.560 (West 2021) 

Louisiana (5) 

§ 76. Further limitations on passing on the left 

 A. No vehicle shall at any time be driven to the left side of the highway under the following 

conditions: 

(1) when approaching the crest of a grade or upon a curve in the highway, where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) when approaching within one hundred feet of or traversing any intersection or railroad grade 

crossing; 

(3) when the view is obstructed upon approaching within one hundred feet of any bridge, 

viaduct, or tunnel. 

La. Stat. Ann. § 32:76 (2021) Excerpt from applicable statute published. 

§ 143. Stopping, standing or parking prohibited in specified places 

A. No person shall stand, or park a vehicle, except when necessary to avoid conflict with other 

traffic, or in compliance with law or the directions of a police officer or traffic control device, in 

any of the following places: 

(1) On a sidewalk; 

(2) In front of a public or private driveway; 

(3) Within an intersection; 

(4) Within fifteen feet of a fire hydrant; 

(5) On a crosswalk; 

(6) Within twenty feet of a crosswalk at an intersection; 

(7) Within twenty feet upon the approach to any flashing beacon stop sign, or traffic control 

signal located at the side of a roadway; 

(8) Between a safety zone and the adjacent curb, or within twenty feet of points on the curb 

immediately opposite the ends of a safety zone; 

(9) Within fifty feet of the nearest rail of a railroad crossing; 
485 

(10) Within twenty feet of the driveway entrance to any fire station, and on the side of a street 

opposite the entrance to any fire station within seventy-five feet of said entrance, when properly 

posted; 

(11) Alongside or opposite any street excavation or obstruction when stopping, standing, or 

parking would obstruct traffic; 

(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 

(13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 

(14) At any place where official signs prohibit such; 

(15) Any place where parking will obscure or obstruct visibility of any traffic control device. 

B. No person shall move a vehicle not lawfully under his control into any such prohibited area or 

away from a curb such a distance as is unlawful. 

La. Stat. Ann. § 32:143 (2021) 

*§ 171. Motor vehicles approaching railroad crossings; reporting violations; penalties 

A. Whenever any person driving a motor vehicle approaches a railroad grade crossing under any 

of the circumstances stated in this Section, the driver of such vehicle shall stop within fifty feet 

but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he 

can do so safely. The foregoing requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment. 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train or other on-track equipment. 

(3) A railroad train or other on-track equipment approaching within approximately nine hundred 

feet of the highway crossing emits a signal in accordance with R.S. 32:168, and such railroad 

train or other on-track equipment, by reason of its speed or nearness to such crossing, is an 

immediate hazard. 

(4) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. 

(5) A stop sign is erected at the approach to a railroad grade crossing. 

B. No person shall stop a motor vehicle upon any railroad crossing. 

C. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed when an 

approaching railroad train or other on-track equipment is plainly visible and is in hazardous 

proximity to such crossing. 

D. No person shall drive any vehicle across any railroad crossing while the signal devices are 

flashing when an approaching railroad train or other on-track equipment is plainly visible and is 

in hazardous proximity to such crossing. 

E. At any railroad grade crossing provided with railroad cross buck signs, without automatic, 

electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the 

approach or passage of a train or other on-track equipment, the driver of a vehicle shall in 

obedience to the railroad cross buck sign, yield the right of way and slow down to a speed 

reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked 

stopped line or, if no line, within fifty feet but not less than fifteen feet from the nearest rail of 

the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a 

collision at a railroad crossing or interferes with the movement of a train or other on-track 
486 

equipment after driving past the railroad cross buck sign, the collision or interference is prima 

facie evidence of the driver's failure to yield the right of way. 

F. Any person who violates any provision of this Section shall be fined as follows: 

(1) On first offense the fine shall be not more than two hundred dollars or imprisonment for not 

more than thirty days, or both. In addition, the person in violation shall be required to attend an 

Operation Lifesaver Course to be given by a certified Operation Lifesaver presenter within one 

hundred eighty days after adjudication of the citation. It shall be the responsibility of the violator 

to notify the appropriate court of the successful completion of the Operation Lifesaver Course. 

Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph shall be 

collected by the court and shall immediately be forwarded to the state treasurer for deposit in the 

state treasury. 

(2) On second and each subsequent offense, the fine shall not be more than five hundred dollars 

or imprisonment for not more than ninety days, or both. In addition, the person in violation shall 

be required to attend a one-day safe driver's course designed by Operation Lifesaver within one 

hundred eighty days after adjudication of the citation. It shall be the responsibility of the violator 

to notify the appropriate court of the successful completion of the Operation Lifesaver Course. 

Twenty-five dollars of each fine imposed pursuant to the provisions of this Paragraph shall be 

collected by the court and shall immediately be forwarded to the state treasurer for deposit in the 

state treasury. 

(3) Any person who violates any provision of this Section by racing a train or other on-track 

equipment to a railroad crossing and thereby causes immediate danger to any railroad crew 

member, the general public, or damage to any property in the immediate vicinity of the crossing 

shall be fined not more than one thousand dollars. In addition, the person in violation shall be 

required to attend a one-day safe driver's course designed by Operation Lifesaver within one 

hundred eighty days after the adjudication of the citation. It shall be the responsibility of the 

violator to notify the appropriate court of jurisdiction of the successful completion of the 

Operation Lifesaver Program. 

(4) If a violator fails to attend any safe driving courses pursuant to this Subsection, the 

department shall suspend such violator's driving privileges for a period of thirty days. 

G. The governing authority of a municipality may enter into a cooperative endeavor agreement 

authorizing certified railroad law enforcement officers to assist in the enforcement of state laws 

and local ordinances pertaining to railroad grade crossings within its municipal limits. 

H. The operator, engineer, or conductor of any train or other on-track equipment is authorized to 

notify the appropriate law enforcement authority of any railroad grade crossing violation within 

thirty-six hours of the violation. The operator, engineer, or conductor shall report such violations 

by affidavit which shall contain the color, license number, and any other identifiable information 

from the vehicle involved in the violation. In addition to the affidavit, the law enforcement 

officer may rely upon other evidence of a grade crossing violation including photographic or 

video evidence. A law enforcement officer may issue a citation to the owner or driver of the 

vehicle, or in the case of a leased vehicle, the lessee or driver of the leased vehicle, on the basis 

of the information contained in the affidavit or photographic or video evidence. The owner or 

lessee shall not be cited if the vehicle had been stolen. 

La. Stat. Ann. § 32:171 (2021) 

*§ 172. All vehicles must stop at certain railroad grade crossings 
487 

A. (1) The department shall determine highway grade crossings of railroads on state maintained 

highways or roads which are of particular danger to public safety and shall erect stop signs 

thereat. 

(2) The department shall also make a preliminary determination of highway grade crossings of 

railroads on non-state maintained public highways or roads which are of particular danger to 

public safety which shall be made available to parishes and municipalities. The governing 

authorities of such parishes and municipalities may erect stop signs at such crossings. 

(3) The department shall promulgate rules and regulations, not later than December 15, 1998, 

which set forth criteria to determine those crossings which are particularly dangerous, to include 

but not be limited to crossings where multiple collisions have occurred, crossings which are high 

profile crossings, and crossings with reduced sight distance or visibility. When such stop signs 

are erected, the driver of any vehicle shall stop within fifty feet, but not less than fifteen feet, 

from the nearest rail of such railroad and shall proceed only upon exercising due care. 

B. The opinions and final report of the department promulgated or published pursuant to this 

Section shall not be subject to any discovery or production nor be admissible evidence in any 

judicial proceeding in this state. 

C. A decision of the department relative to the placement of a stop sign at a crossing which 

possesses any other warning device shall not be considered as presumptive or conclusive 

evidence of fault on the part of the state or its agents or any political subdivision or its agents. 

D. Nothing in this Section shall relieve the railroad of its responsibility to maintain safe crossings 

and operate its trains and other on-track equipment in a safe manner. 

La. Stat. Ann. § 32:172 (2021) 

§ 175. Vehicles must yield at railroad grade crossings; exceptions; penalties for violations 

A. The driver or operator of a vehicle approaching a rail-highway grade crossing identified by 

the presence of a railroad cross buck sign shall slow down to a speed reasonable for the existing 

conditions, or shall stop if necessary, before entering the crosswalk on the near side of the 

intersection or, in the event there is no crosswalk, at a clearly marked stop line, or if none, then at 

the point nearest the intersecting rail of such railroad where the driver or operator has a clear 

view of any approaching train. The driver or operator shall listen and look in both directions 

along such track for any approaching train and for signals indicating the approach of a train. 

Having slowed or stopped in this manner, the driver or operator shall yield the right-of-way to 

any approaching train and then shall proceed only upon exercising due care and upon being sure 

that it is safe to proceed. 

B. The driver or operator of a vehicle need not yield at any such rail-highway grade crossing 

where a police officer or traffic-control signal directs traffic to proceed. 

C. Any person who violates any provision of this Section shall be fined as follows: 

(1) On first offense, the fine shall be not more than two hundred dollars or imprisonment for not 

more than thirty days, or both. In addition, the person in violation shall be required to attend an 

Operation Lifesaver Course to be given by a certified Operation Lifesaver presenter within one 

hundred eighty days after adjudication of the citation. It shall be the responsibility of the offender 

to notify the appropriate court of the successful completion of the Operation Lifesaver Course. 

(2) On second and subsequent offenses, the fine shall be not more than five hundred dollars or 

imprisonment for not more than ninety days, or both. In addition, the person in violation shall be 

required to attend a one-day safe driver's course designed by Operation Lifesaver within one 
488 

hundred eighty days after adjudication of the citation. It shall be the responsibility of the offender 

to notify the appropriate court of the successful completion of the Operation Lifesaver Course. 

(3) If an offender fails to attend any safe driving course as required in this Subsection, the 

department shall suspend such offender's driving privileges for a period of thirty days. 

(4) No less than twenty-five dollars of each fine imposed pursuant to the provisions of this 

Section shall be collected by the court and shall immediately be forwarded to the state treasurer 

for deposit in the state treasury. 

D. The provisions of this Section do not relieve drivers or operators of the responsibility to 

comply with the provisions of R.S. 32:171 and 173. 

La. Stat. Ann. § 32:175 (2021) 

Maine (4) 

§ 1253-A. Stop signs at highway-railroad grade crossings 

The Department of Transportation is authorized to designate any highway-railroad grade 

crossing as a stop intersection and to install and maintain stop signs thereat. The department is 

authorized to so designate such highway-railroad grade crossings on town ways, and local 

municipalities shall, when ordered by the department, erect and maintain stop signs on such town 

ways. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but 

not less than 10 feet from the nearest rail of such railroad and shall proceed only upon exercising 

due care. Any person who shall operate a vehicle in violation of this section shall be guilty of a 

misdemeanor and upon conviction thereof shall be punished by a fine of not more than $50 or by 

imprisonment for not more than 60 days, or by both. The expense of the erection and 

maintenance of each stop sign installed by virtue of this section shall be borne by the railroad. 

Me. Rev. Stat. Ann. tit. 23, § 1253-A (2021) 

§ 2070. Passing another vehicle 

5. LIMITATION. Except on a one-way road, an operator may not drive to the left side of the 

way under the following conditions: 

B. When approaching within 100 feet of or traversing an intersection or railroad grade crossing, 

except when turning to the left to enter an intersecting way; 

Me. Rev. Stat. Ann. tit. 29-A, § 2070 (2021) Excerpt from applicable statute published. 

*§ 2076. Railroad or grade crossings 

1. REDUCTION OF SPEED AT CROSSING. An operator of a motor vehicle passing a sign 

provided for in Title 23, sections 1251 and 1252 shall, at a distance of 100 feet from the nearest 

rail of the crossing reduce the vehicle speed to a reasonable and proper rate, observe in each 

direction and proceed cautiously over the crossing. 

2. WARNING DEVICES. 

An operator of a motor vehicle approaching a railroad crossing shall do so in a manner so that 

the operator will be able to stop if necessary. The operator shall stop the vehicle not less than 15 

feet and not more than 50 feet from the nearest rail of the railroad track and may not proceed if: 

A. A clearly visible electric or mechanical signal device warns of the approach of a train; 

B. A crossing gate is lowered or a flagger gives or continues to give a signal or warning of the 

approach or passage of a train; 

C. A train is visible and is in hazardous proximity to the crossing; or 
489 

D. A sign, device or law requires the vehicle to stop. 

A vehicle may proceed across the track when the gates have been raised, the flagger indicates 

that no train is approaching or, if there is an electric or mechanical signal device, the operator has 

ascertained that no train is approaching. An operator proceeding by an electric or mechanical 

signal device shall use extra caution. 

 5. PENALTY. The following penalties apply to violations of this section. A. An operator failing 

to comply with the requirements of subsection 1 or 2 commits a traffic infraction. 

Me. Rev. Stat. Ann. tit. 29-A, § 2076 (2021) Excerpt from applicable statute published. 

§ 7212. Precautions at crossings 

No team or vehicle may be driven over any temporary crossing unless the team or vehicle is first 

stopped within a reasonable distance from the nearest rail of the crossing, and the operator, by 

looking and listening, determines that nothing is approaching on the tracks of the railroad. 

Nothing in this section may prevent the Department of Transportation from making further rules 

for safety at any crossing established under its direction as it deems expedient or necessary. 

Me. Rev. Stat. Ann. tit. 23, § 7212 (2021) 

Maryland (5) 

*§ 21-305. Overtaking and passing another vehicle going in same direction 

Conditions where vehicle allowed to overtake and pass another vehicle going in same direction 

(a)(1) The driver of a vehicle may not drive to the left of the center of the roadway in overtaking 

and passing another vehicle going in the same direction unless: 

(i) Authorized by this subtitle; and 

(ii) The left side of the roadway is clearly visible and is free of approaching traffic for a 

sufficient distance ahead to permit the overtaking and passing to be completed without 

interfering with the operation of any other vehicle approaching from the opposite direction or 

any other vehicle overtaken. 

(2) The overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, 

if the passing movement uses a lane authorized for vehicles approaching from the opposite 

direction, before coming within 200 feet of any approaching vehicle. 

Parts of highways where the driver’s view is obstructed

(b)(1) This subsection does not apply on a one-way roadway. 

(2) The driver of a vehicle may not drive on the left side of any roadway if: 

(i) The vehicle is approaching the crest of a grade or is on a curve in the highway where the 

driver's view is obstructed for such a distance as to be dangerous should another vehicle 

approach from the opposite direction; 

(ii) The vehicle is crossing or approaching within 100 feet of any intersection or railroad grade 

crossing; or 

(iii) The driver's view is obstructed while approaching within 100 feet of any bridge, viaduct, or 

tunnel. 

Md. Code Ann., Transp. § 21-305 (West 2021) 

§ 21-701. Railroad crossing requirements 

Stop required on approach of railroad crossing 
490 

(a)(1) If the driver of a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in paragraph (2) of this subsection, the driver: 

(i) Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; and 

(ii) May not proceed until he can do so safely. 

(2) The requirements of this subsection apply if: 

(i) A clearly visible electric or mechanical signal device warns of the immediate approach or 

passage of a railroad train; 

(ii) A crossing gate is lowered; 

(iii) A flagman signals the approach or passage of a railroad train; 

(iv) A railroad train approaching within 1,500 feet of the crossing gives a signal audible to traffic 

approaching the crossing and the railroad train, because of its speed or nearness to the crossing, 

is an immediate danger; or 

(v) A railroad train is plainly visible and is in or is approaching dangerously near to the crossing. 

Passage through gate or barrier prohibited 

(b) A person may not drive any vehicle through, around, or under any crossing gate or barrier at 

a railroad grade crossing while the gate or barrier is closed or is being opened or closed. 

Md. Code Ann., Transp. § 21-701 (West 2021) 

§ 21-702. Stop signs at railroad crossings 

Stop signs at dangerous crossings 

(a) The State Highway Administration and any local authority with the approval of the State 

Highway Administration may place a stop sign at any railroad grade crossing of a highway that 

the local authority or State Highway Administration designates as a particularly dangerous 

crossing. 

Distance vehicle required to stop 

(b) If the driver of a vehicle approaches the stop sign, the driver: 

(1) Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; and 

(2) May proceed only on exercising due care. 

Md. Code Ann., Transp. § 21-702 (West 2021) 

§ 21-801. Driving vehicle at reasonable and prudent speeds required 

In general 

(a) A person may not drive a vehicle on a highway at a speed that, with regard to the actual and 

potential dangers existing, is more than that which is reasonable and prudent under the 

conditions. 

Control of speed to avoid collisions with people or other vehicles 

(b) At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as 

necessary to avoid colliding with any person or any vehicle or other conveyance that, in 

compliance with legal requirements and the duty of all persons to use due care, is on or entering 

the highway. 

Reduced speed at intersection which cross traffic not required to stop 

(c) Consistent with the requirements of this section, the driver of a vehicle shall drive at an 

appropriate, reduced speed when approaching and crossing an intersection at which cross traffic 

is not required to stop by a traffic control device. 

Reduced speed when approaching and crossing railroad crossing 
491 

(d) Consistent with the requirements of this section, the driver of a vehicle shall drive at an 

appropriate, reduced speed when approaching and crossing a railroad grade crossing. 

Reduced speed when approaching and going around curve 

(e) Consistent with the requirements of this section, the driver of a vehicle shall drive at an 

appropriate, reduced speed when approaching and going around a curve. 

Reduced speed when approaching crest of a grade 

(f) Consistent with the requirements of this section, the driver of a vehicle shall drive at an 

appropriate, reduced speed when approaching the crest of a grade. 

Reduced speed on narrow or winding roadways 

(g) Consistent with the requirements of this section, the driver of a vehicle shall drive at an 

appropriate, reduced speed when traveling on any narrow or winding roadway. 

Special dangers due to pedestrians, other traffic, or weather or highway conditions 

(h) Consistent with the requirements of this section, the driver of a vehicle shall drive at an 

appropriate, reduced speed when any special danger exists as to pedestrians or other traffic or 

because of weather or highway conditions. 

Md. Code Ann., Transp. § 21-801 (West 2021) 

*§ 21-1003. Actions prohibited relating to stopping, standing, or parking vehicle 

(t) Parking within 50 feet of railroad grade crossings. -- A person may not park a vehicle within 

50 feet of the nearest rail in a railroad grade crossing. 

Md. Code Ann., Transp. § 21-1003 (West 2021) Excerpt from applicable statute published. 

Massachusetts (1) 

§ 15. Precautions at railroad crossings 

Except as hereinafter otherwise provided, every person operating a motor vehicle, upon 

approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and 

proper rate before proceeding over the crossing, and shall proceed over the crossing at a rate of 

speed and with such care as is reasonable and proper under the circumstances. Every person 

operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids 

as a cargo, or part of a cargo, upon approaching a railroad crossing at grade, shall bring his 

vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track 

of said railroad, and shall not proceed to cross until it is safe to do so. The operator of a school 

bus, in addition to bringing his vehicle to a full stop, as aforesaid, shall open the service door, 

ascertain if he may cross safely and thereupon close said door before proceeding. Every person 

operating any motor vehicle, upon approaching at grade a railroad crossing protected by red 

lights which flash as a warning, shall bring his vehicle to a full stop not less than fifteen feet and 

not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until 

said lights stop flashing. Every person operating any motor vehicle, upon approaching at grade a 

railroad crossing protected by a lowered automatic gate, shall bring his vehicle to a full stop not 

less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall 

not proceed to cross until said automatic gate is raised. Every person operating any motor 

vehicle, upon approaching at grade a railroad crossing protected by a railroad employee waving a 

red flag or white lantern, shall bring his vehicle to a full stop not less than fifteen feet and not 

more than fifty feet from the nearest track of said railroad and shall not proceed to cross until 

said railroad employee signals that it is safe to do so. A railroad train approaching within 
492 

approximately one thousand five hundred feet of a highway crossing shall emit a warning signal 

audible from such distance. Whoever violates any provisions of this section and is operating a 

school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, shall be punished by a fine of not less than $500 or by being required to 

perform a total of 100 hours of community service which may include service in the operation 

lifesaver program. All other persons violating the provisions of this section not operating a 

school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo 

or part of a cargo, shall be punished by a fine of not less than $100 nor more than $200 or by 

being required to perform a total of 50 hours of community service which may include service in 

the operation lifesaver program. 

Mass. Gen. Laws Ann. ch. 90, § 15 (West 2021) 

Michigan (2) 

*§ 257.667. Stopping at railroad grade crossing, gate, or barrier; requirements 

Sec. 667. (1) When a person driving a vehicle approaches a railroad grade crossing under any of 

the following circumstances, the driver shall stop the vehicle not more than 50 feet but not less 

than 15 feet from the nearest rail of the railroad, and shall not proceed until the driver can do so 

safely: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment. 

(b) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or 

passage of a railroad train or other on-track equipment. 

(c) A railroad train or other on-track equipment approaching within approximately 1,500 feet of 

the highway crossing gives a signal audible from that distance, and the railroad train or on-track 

equipment by reason of its speed or nearness to the crossing is an immediate hazard. 

(d) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to the crossing. 

(2) A person shall not drive a vehicle through, around, or under a crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed or against the 

direction of a police officer. 

(3) A person who violates this section is responsible for a civil infraction. 

Mich. Comp. Laws Ann. § 257.667 (West 2021) 

§ 257.674. Prohibited parking; exceptions; bus loading zone; violation as civil infraction. 

Sec. 674. (1) A vehicle shall not be parked, except if necessary to avoid conflict with other traffic 

or in compliance with the law or the directions of a police officer or traffic-control device, in any 

of the following places:

(i) Within 50 feet of the nearest rail of a railroad crossing. 

Mich. Comp. Laws Ann. § 257.674 (West 2021) Excerpt from applicable statute published. 

Minnesota (6) 

*§ 169.14. Speed limits, zones; radar 

Subdivision 1. Duty to drive with due care. No person shall drive a vehicle on a highway at a 

speed greater than is reasonable and prudent under the conditions. Every driver is responsible for 

becoming and remaining aware of the actual and potential hazards then existing on the highway 
493 

and must use due care in operating a vehicle. In every event speed shall be so restricted as may 

be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the 

highway in compliance with legal requirements and the duty of all persons to use due care. 

Subd. 1a. License revocation for extreme speed. The driver's license of a person who violates any 

speed limit established in this section, by driving in excess of 100 miles per hour, is revoked for 

six months under section 171.17, or for a longer minimum period of time applicable under 

section 169A.53, 169A.54, or 171.174. 

Subd. 2. Speed limits. (a) Where no special hazard exists the following speeds shall be lawful, 

but any speeds in excess of such limits shall be prima facie evidence that the speed is not 

reasonable or prudent and that it is unlawful; except that the speed limit within any municipality 

shall be a maximum limit and any speed in excess thereof shall be unlawful: 

(1) 30 miles per hour in an urban district; 

(2) 65 miles per hour on noninterstate expressways, as defined in section 160.02, subdivision 

18b, and noninterstate freeways, as defined in section 160.02, subdivision 19; 

(3) 55 miles per hour in locations other than those specified in this section; 

(4) 70 miles per hour on interstate highways outside the limits of any urbanized area with a 

population of greater than 50,000 as defined by order of the commissioner of transportation; 

(5) 65 miles per hour on interstate highways inside the limits of any urbanized area with a 

population of greater than 50,000 as defined by order of the commissioner of transportation; 

(6) ten miles per hour in alleys; 

(7) 25 miles per hour in residential roadways if adopted by the road authority having jurisdiction 

over the residential roadway; and 

(8) 35 miles per hour in a rural residential district if adopted by the road authority having 

jurisdiction over the rural residential district. 

(b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the road 

authority has erected signs designating the speed limit and indicating the beginning and end of 

the residential roadway on which the speed limit applies. 

(c) A speed limit adopted under paragraph (a), clause (8), is not effective unless the road 

authority has erected signs designating the speed limit and indicating the beginning and end of 

the rural residential district for the roadway on which the speed limit applies. 

(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person who 

violates a speed limit established in this subdivision, or a speed limit designated on an 

appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles per hour or more in 

excess of the applicable speed limit, is assessed an additional surcharge equal to the amount of 

the fine imposed for the speed violation, but not less than $25. 

Subd. 2a. Increased speed limit when passing. Notwithstanding subdivision 2, the speed limit is 

increased by ten miles per hour over the posted speed limit when the driver: 

(1) is on a two-lane highway having one lane for each direction of travel; 

(2) is on a highway with a posted speed limit that is equal to or higher than 55 miles per hour; 

(3) is overtaking and passing another vehicle proceeding in the same direction of travel; and 

(4) meets the requirements in section 169.18. 

Subd. 3. Reduced speed required. (a) The driver of any vehicle shall, consistent with the 

requirements, drive at an appropriate reduced speed when approaching or passing an authorized 

emergency vehicle stopped with emergency lights flashing on any street or highway, when 

approaching and crossing an intersection or railway grade crossing, when approaching and going 

around a curve, when approaching a hill crest, when traveling upon any narrow or winding 
494 

roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason 

of weather or highway conditions. 

(b) A person who fails to reduce speed appropriately when approaching or passing an authorized 

emergency vehicle stopped with emergency lights flashing on a street or highway shall be 

assessed an additional surcharge equal to the amount of the fine imposed for the speed violation, 

but not less than $25. 

Subd. 4. Establishment of zones by commissioner. On determining upon the basis of an 

engineering and traffic investigation that any speed set forth in this section is greater or less than 

is reasonable or safe under the conditions found to exist on any trunk highway or upon any part 

thereof, the commissioner may erect appropriate signs designating a reasonable and safe speed 

limit thereat, which speed limit shall be effective when such signs are erected. Any speeds in 

excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent 

and that it is unlawful; except that any speed limit within any municipality shall be a maximum 

limit and any speed in excess thereof shall be unlawful. On determining upon that basis that a 

part of the trunk highway system outside a municipality should be a zone of maximum speed 

limit, the commissioner may establish that part as such a zone by erecting appropriate signs 

showing the beginning and end of the zone, designating a reasonable and safe speed therefor, 

which may be different than the speed set forth in this section, and that it is a zone of maximum 

speed limit. The speed so designated by the commissioner within any such zone shall be a 

maximum speed limit, and speed in excess of such limit shall be unlawful. The commissioner 

may in the same manner from time to time alter the boundary of such a zone and the speed limit 

therein or eliminate such zone. 

Subd. 4a. Repealed by Laws 1997, c. 143, § 20, par. (a), eff. July 1, 1997. 

Subd. 5. Zoning within local area. When local authorities believe that the existing speed limit 

upon any street or highway, or part thereof, within their respective jurisdictions and not a part of 

the trunk highway system is greater or less than is reasonable or safe under existing conditions, 

they may request the commissioner to authorize, upon the basis of an engineering and traffic 

investigation, the erection of appropriate signs designating what speed is reasonable and safe, 

and the commissioner may authorize the erection of appropriate signs designating a reasonable 

and safe speed limit thereat, which speed limit shall be effective when such signs are erected. 

Any speeds in excess of these speed limits shall be prima facie evidence that the speed is not 

reasonable or prudent and that it is unlawful; except that any speed limit within any municipality 

shall be a maximum limit and any speed in excess thereof shall be unlawful. Alteration of speed 

limits on streets and highways shall be made only upon authority of the commissioner except as 

provided by law. 

Subd. 5a. Speed zoning in school zone; surcharge. (a) Local authorities may establish a school 

speed limit within a school zone of a public or nonpublic school upon the basis of an engineering 

and traffic investigation as prescribed by the commissioner of transportation. The establishment 

of a school speed limit on any trunk highway shall be with the consent of the commissioner of 

transportation. Such school speed limits shall be in effect when children are present, going to or 

leaving school during opening or closing hours or during school recess periods. The school speed 

limit shall not be lower than 15 miles per hour and shall not be more than 30 miles per hour 

below the established speed limit on an affected street or highway. 

(b) The school speed limit shall be effective upon the erection of appropriate signs designating 

the speed and indicating the beginning and end of the reduced speed zone. Any speed in excess 

of such posted school speed limit is unlawful. All such signs shall be erected by the local 
495 

authorities on those streets and highways under their respective jurisdictions and by the 

commissioner of transportation on trunk highways. 

(c) For the purpose of this subdivision, “school zone” means that section of a street or highway 

which abuts the grounds of a school where children have access to the street or highway from the 

school property or where an established school crossing is located provided the school advance 

sign prescribed by the Manual on Uniform Traffic Control Devices adopted by the commissioner 

of transportation pursuant to section 169.06 is in place. All signs erected by local authorities to 

designate speed limits in school zones shall conform to the Manual on Uniform Traffic Control 

Devices. 

(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person who 

violates a speed limit established under this subdivision is assessed an additional surcharge equal 

to the amount of the fine imposed for the violation, but not less than $25. 

Subd. 5b. Segment in urban district. When any segment of at least a quarter-mile in distance of 

any city street, municipal state-aid street, or town road on which a speed limit in excess of 30 

miles per hour has been established pursuant to an engineering and traffic investigation by the 

commissioner meets the definition of “urban district” as defined in section 169.011, subdivision 

90, the governing body of the city or town may by resolution declare the segment to be an urban 

district and may establish on the segment the speed limit for urban districts prescribed in 

subdivision 2. The speed limit so established shall be effective upon the erection of appropriate 

signs designating the speed and indicating the beginning and end of the segment on which the 

speed limit is established, and any speed in excess of such posted limits shall be unlawful. A 

copy of the resolution shall be transmitted to the commissioner at least ten days prior to the 

erection of the signs. 

Subd. 5c. Speed zoning in alleyway. Local authorities may regulate speed limits for alleyways as 

defined in section 169.011 based on their own engineering and traffic investigations. Alleyway 

speed limits established at other than ten miles per hour shall be effective when proper signs are 

posted. 

Subd. 5d. Speed limit in work zone when workers present. (a) Notwithstanding subdivision 2 and 

subject to subdivision 3, the speed limit on a road having an established speed limit of 50 miles 

per hour or greater is adjusted to 45 miles per hour in a work zone when (1) at least one lane or 

portion of a lane of traffic is closed in either direction, and (2) workers are present. A speed in 

excess of the adjusted speed limit is unlawful. 

(b) Paragraph (a) does not apply to a segment of road in which: 

(1) positive barriers are placed between workers and the traveled portion of the highway; 

(2) the work zone is in place for less than 24 hours; 

(3) a different speed limit for the work zone is determined by the road authority following an 

engineering and traffic investigation and based on accepted engineering practice; or 

(4) a different speed limit for the work zone is established by the road authority under paragraph 

(c). 

(c) The commissioner, on trunk highways and temporary trunk highways, and local authorities, 

on streets and highways under their jurisdiction, may authorize the use of reduced maximum 

speed limits in work zones when workers are present, without an engineering and traffic 

investigation required. The work zone speed limit must not reduce the speed limit on the affected 

street or highway by more than: 

(1) 20 miles per hour on a street or highway having an established speed limit of 55 miles per 

hour or greater; and 
496 

(2) 15 miles per hour on a street or highway having an established speed limit of 50 miles per 

hour or less. 

(d) A work zone speed limit under paragraph (c) is effective on erection of appropriate 

regulatory speed limit signs. The signs must be removed or covered when they are not required. 

A speed in excess of the posted work zone speed limit is unlawful. 

(e) For any speed limit under this subdivision, a road authority shall erect signs identifying the 

speed limit and indicating the beginning and end of the speed limit zone. 

Subd. 5e. Speed limit on park road. The political subdivision with authority over a park may 

establish a speed limit on a road located within the park. A speed limit established under this 

subdivision on a trunk highway is effective only with the commissioner's approval. A speed limit 

established under this subdivision must be based on an engineering and traffic investigation 

prescribed by the commissioner of transportation and must not be lower than 20 miles per hour, 

and no speed limit established under this subdivision may reduce existing speed limits by more 

than 15 miles per hour. A speed limit established under this subdivision is effective on the 

erection of appropriate signs designating the speed limit and indicating the beginning and end of 

the reduced speed zone. Any speed in excess of the posted speed is unlawful. 

Subd. 5f. Speed limits on certain rural residential districts. (a) A rural residential district existing 

and lawfully signed before August 1, 2009, continues to qualify as a rural residential district. 

<Subdivision 5f, paragraph (b), as added by Laws 2009, c. 56, § 5, expires when the speed limit 

signs erected before August 1, 2009, are replaced.> 

(b) A rural residential district existing and lawfully signed before August 1, 2009, is subject to 

the speed limit signed before August 1, 2009. 

Subd. 5g. St. Louis County Road 128. Notwithstanding any provision to the contrary in this 

section, the speed limit on St. Louis County Road 128 in Eagles Nest Township between marked 

Trunk Highway 169 and County Road 989 is 40 miles per hour. The county engineer must erect 

appropriate signs displaying the 40 miles per hour speed limit. 

Subd. 5h. Speed limits on city streets. A city may establish speed limits for city streets under the 

city's jurisdiction other than the limits provided in subdivision 2 without conducting an 

engineering and traffic investigation. This subdivision does not apply to town roads, county 

highways, or trunk highways in the city. A city that establishes speed limits pursuant to this 

section must implement speed limit changes in a consistent and understandable manner. The city 

must erect appropriate signs to display the speed limit. A city that uses the authority under this 

subdivision must develop procedures to set speed limits based on the city's safety, engineering, 

and traffic analysis. At a minimum, the safety, engineering, and traffic analysis must consider 

national urban speed limit guidance and studies, local traffic crashes, and methods to effectively 

communicate the change to the public. 

Subd. 6. Repealed by Laws 1971, Ex.Sess., c. 27, § 49, eff. Aug. 4, 1971. 

Subd. 6a. Work zone speed limit violations. A person convicted of operating a motor vehicle in 

violation of a speed limit in a work zone, or any other provision of this section while in a work 

zone, shall be required to pay a fine of $300. This fine is in addition to the surcharge under 

section 357.021, subdivision 6. 

Subd. 7. Burden of proof. The provisions of this chapter declaring speed limitation shall not be 

construed to relieve the plaintiff in any civil action from the burden of proving negligence on the 

part of the defendant as the proximate cause of an accident. 

Subd. 8. Minimum speeds. On determining upon the basis of an engineering and traffic 

investigation that a speed at least as great as, or in excess of, a specified and determined 
497 

minimum is necessary to the reasonable and safe use of any trunk highway or portion thereof, the 

commissioner may erect appropriate signs specifying the minimum speed on such highway or 

portion thereof. The minimum speed shall be effective when such signs are erected. Any speeds 

less than the posted minimum speeds shall be prima facie evidence that the speed is not 

reasonable or prudent and that it is unlawful. 

Subd. 9. Standards of evidence. In any prosecution in which the rate of speed of a motor vehicle 

is relevant, evidence of the speed of a motor vehicle as indicated on the speedometer thereof 

shall be admissible on a showing that a vehicle is regularly used in traffic law enforcement and 

that the speedometer thereon is regularly and routinely tested for accuracy and a record of the 

results of said tests kept on file by the agency having control of said vehicle. Evidence as to the 

speed indicated on said speedometer shall be prima facie evidence that the said vehicle was, at 

the time said reading was observed, traveling at the rate of speed so indicated; subject to 

correction by the amount of error, if any, shown to exist by the test made closest in time to the 

time of said reading. 

Records of speedometer tests kept in the regular course of operations of any law enforcement 

agency shall be admissible without further foundation, as to the results of said tests. Such records 

shall be available to the defendant upon demand. Nothing herein shall be construed to preclude 

or interfere with the cross examination or impeachment of evidence of rate of speed as indicated 

by speedometer readings, pursuant to the Rules of Evidence. 

Subd. 10. Radar; speed-measuring device; standards of evidence. (a) In any prosecution in which 

the rate of speed of a motor vehicle is relevant, evidence of the speed as indicated on radar or 

other speed-measuring device is admissible in evidence, subject to the following conditions: 

(1) the officer operating the device has sufficient training to properly operate the equipment; 

(2) the officer testifies as to the manner in which the device was set up and operated; 

(3) the device was operated with minimal distortion or interference from outside sources; and 

(4) the device was tested by an accurate and reliable external mechanism, method, or system at 

the time it was set up. 

(b) Records of tests made of such devices and kept in the regular course of operations of any law 

enforcement agency are admissible in evidence without further foundation as to the results of the 

tests. The records shall be available to a defendant upon demand. Nothing in this subdivision 

shall be construed to preclude or interfere with cross examination or impeachment of evidence of 

the rate of speed as indicated on the radar or speed-measuring device. 

Subd. 11. Handheld traffic radar. (a) Law enforcement agencies that use handheld radar units 

shall establish operating procedures to reduce the operator's exposure to microwave radiation. 

(b) The procedures, at a minimum, must require: 

(1) that the operator turn the unit off when it is not in use; 

(2) if the unit has a standby mode, that the operator use this mode except when measuring a 

vehicle's speed; 

(3) that the operator not allow the antenna to rest against the operator's body while it is in 

operation; and 

(4) that the operator always point the antenna unit away from the operator and any other person 

in very close proximity to the unit. 

Subd. 12. Radar jammer. For purposes of this section, “radar jammer” means any instrument, 

device, or equipment designed or intended for use with a vehicle or otherwise to jam or interfere 

in any manner with a speed-measuring device operated by a peace officer. 

No person shall sell, offer for sale, use, or possess any radar jammer in this state. 
498 

Minn. Stat. Ann. § 169.14 (West 2021) 

*§ 169.18. Driving rules 

Subdivision 1. Keep to the right. Upon all roadways of sufficient width a vehicle shall be driven 

upon the right half of the roadway, except as follows: 

(1) when overtaking and passing another vehicle proceeding in the same direction under the rules 

governing such movement; 

(2) when the right half of a roadway is closed to traffic while under construction or repair; 

(3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; 

(4) upon a roadway designated and signposted for one-way traffic as a one-way roadway; or 

(5) as necessary to comply with subdivision 11 when approaching an authorized vehicle parked 

or stopped on the roadway. 

Subd. 2. Meeting. Drivers of vehicles proceeding in opposite directions, shall pass each other to 

the right, and upon roadways having width for not more than one line of traffic in each direction 

each driver shall give to the other at least one-half of the main-traveled portion of the roadway, 

as nearly as possible. 

Subd. 3. Passing. The following rules shall govern the overtaking and passing of vehicles 

proceeding in the same direction, subject to the limitations, exceptions, and special rules 

hereinafter stated: 

(1) the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass 

to the left thereof at a safe distance and shall not again drive to the right side of the roadway until 

safely clear of the overtaken vehicle; 

(2) except when overtaking and passing on the right is permitted, the driver of an overtaken 

vehicle shall give way to the right in favor of the overtaking vehicle on audible warning, and 

shall not increase the speed of the overtaken vehicle until completely passed by the overtaking 

vehicle; and 

(3) the operator of a motor vehicle overtaking a bicycle or individual proceeding in the same 

direction on the roadway shall leave a safe distance, but in no case less than three feet clearance, 

when passing the bicycle or individual and shall maintain clearance until safely past the 

overtaken bicycle or individual. 

Subd. 4. Passing on the right. The driver of a vehicle may overtake and pass upon the right of 

another vehicle only upon the following conditions: 

(1) when the vehicle overtaken is making or about to make a left turn; 

(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of 

sufficient width for two or more lines of moving vehicles in each direction; 

(3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of 

movement, where the roadway is free from obstructions and of sufficient width for two or more 

lines of moving vehicles; 

(4) when the driver of a vehicle may overtake and pass another vehicle upon the right only under 

conditions permitting such movement in safety. In no event shall such movement be made by 

driving in a bicycle lane or onto the shoulder, whether paved or unpaved, or off the pavement or 

main-traveled portion of the roadway. 

Subd. 5. Driving left of roadway center; exception. (a) No vehicle shall be driven to the left side 

of the center of the roadway in overtaking and passing another vehicle proceeding in the same 

direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient 

distance ahead to permit such overtaking and passing to be completely made without interfering 
499 

with the safe operation of any vehicle approaching from the opposite direction or any vehicle 

overtaken. In every event the overtaking vehicle must return to the right-hand side of the 

roadway before coming within 100 feet of any vehicle approaching from the opposite direction. 

(b) Except on a one-way roadway, no vehicle shall, in overtaking and passing another vehicle or 

at any other time, be driven to the left half of the roadway under the following conditions: 

(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view 

along the highway is obstructed within a distance of 700 feet; 

(2) when approaching within 100 feet of any underpass or tunnel, railroad grade crossing, 

intersection within a city, or intersection outside of a city if the presence of the intersection is 

marked by warning signs; or 

(3) where official signs are in place prohibiting passing, or a distinctive centerline is marked, 

which distinctive line also so prohibits passing, as declared in the Manual on Uniform Traffic 

Control Devices adopted by the commissioner. 

(c) Notwithstanding paragraph (b), clause (3), a motor vehicle may be driven to the left side of 

the roadway to safely overtake a bicycle under the following circumstances: 

(1) the bicycle is proceeding in the same direction as the motor vehicle; 

(2) the driver of the motor vehicle either (i) provides a safe clearance distance, in no case less 

than the greater of three feet or one-half the width of the motor vehicle, or (ii) completely enters 

the left lane of the highway; 

(3) the operator of the bicycle is not (i) making a left turn, or (ii) signaling that the bicycle 

operator intends to make a left turn; and 

(4) the driver of the motor vehicle complies with all other applicable requirements under this 

section. 

Subd. 6. One-way traffic. (a) Upon a roadway designated and signposted for one-way traffic as a 

one-way roadway, a vehicle shall be driven only in the direction designated. 

(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such 

island. 

Subd. 7. Laned highway. When any roadway has been divided into two or more clearly marked 

lanes for traffic, the following rules, in addition to all others consistent with this subdivision, 

apply: 

(1) a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be 

moved from the lane until the driver has first ascertained that the movement can be made with 

safety; 

(2) upon a roadway which is not a one-way roadway and which is divided into three lanes, a 

vehicle shall not be driven in the center lane except when overtaking and passing another vehicle 

where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, 

or in preparation for a left turn or where the center lane is at the time allocated exclusively to 

traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of the 

allocation. The left lane of a three-lane roadway which is not a one-way roadway shall not be 

used for overtaking and passing another vehicle; 

(3) official signs may be erected directing slow-moving traffic to use a designated lane or 

allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall 

obey the sign; 

(4) whenever a bicycle lane has been established on a roadway, any person operating a motor 

vehicle on the roadway shall not drive in the bicycle lane except to perform parking maneuvers 

in order to park where parking is permitted, to enter or leave the highway, to prepare for a turn as 
500 

provided in section 169.19, subdivision 1, or to stop a school bus for the purpose of receiving or 

discharging any person provided the school bus is equipped and identified as provided in 

sections 169.441 and 169.442, subdivision 1, and the flashing red signals are activated and stopsignal arm is extended; and 

(5) notwithstanding clause (1), the operator of a vehicle with a total length in excess of 40 feet, a 

total width in excess of ten feet, or any combination of vehicles may, with due regard for all 

other traffic, deviate from the lane in which the operator is driving to the extent necessary to 

approach and drive through a roundabout. 

Subd. 8. Following vehicle too closely. (a) The driver of a motor vehicle shall not follow another 

vehicle more closely than is reasonable and prudent, having due regard for the speed of such 

vehicles and the traffic upon and the conditions of the highway. 

(b) The driver of any motor vehicle drawing another vehicle, or the driver of any motor truck or 

bus, when traveling upon a roadway outside of a business or residence district, shall not follow 

within 500 feet of another vehicle. The provisions of this paragraph shall not be construed to 

prevent overtaking and passing nor shall the same apply upon any lane specially designated for 

use by motor trucks. This paragraph does not apply to following vehicles in a vehicle platoon if 

the operator has an approved plan in compliance with section 169.881. 

(c) The driver of a motor vehicle shall not follow within 500 feet of an authorized emergency 

vehicle that is traveling in response to an emergency. 

Subd. 9. Divided highway; crossovers. Whenever any highway has been divided into two or 

more roadways by leaving an intervening space or by a physical barrier or clearly indicated 

dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only 

upon the right-hand roadway unless directed or permitted to use another roadway by official 

traffic-control devices or police officers. No vehicle shall be driven over, across, or within any 

such dividing space, barrier section, except through an opening in such physical barrier, or 

dividing section or space or at a crossover or intersection established by public authority. 

Subd. 10. Slower vehicles. (a) Upon a roadway with one lane in the direction of travel, a person 

proceeding at a speed that is sufficiently low as to create a traffic hazard must operate the vehicle 

as close as practicable to the right-hand curb or edge of the roadway. 

(b) Upon a roadway with more than one lane in the same direction of travel, a person must move 

out of the left-most lane to allow another vehicle to pass, when practicable under existing 

conditions. A left-most lane under this paragraph is the lane adjacent to one designated and 

posted for a specific type of traffic, including as provided under section 160.93. This paragraph 

does not apply when: 

(1) overtaking and passing another vehicle proceeding in the same direction; 

(2) preparing for a left turn at an intersection or into a private road or driveway; 

(3) preparing to exit a controlled-access highway on the left side of the road; 

(4) the lane is designated and posted for a specific type of traffic; or 

(5) the vehicle is an authorized emergency vehicle. 

Subd. 11. Passing parked authorized vehicle; citation; probable cause. (a) For purposes of this 

subdivision, “authorized vehicle” means an authorized emergency vehicle, as defined under 

section 169.011, subdivision 3; a tow truck or towing vehicle, as defined under section 

168B.011, subdivision 12a; a freeway service patrol vehicle; a road maintenance vehicle; a 

utility company vehicle; a construction vehicle; a solid waste vehicle; or a recycling vehicle. 

(b) When approaching and before passing an authorized vehicle with its emergency, flashing, or 

warning lights activated that is parked or otherwise stopped on or next to a street or highway 
501 

having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to 

the lane farthest away from the authorized vehicle, if it is possible to do so. 

(c) When approaching and before passing an authorized vehicle with its emergency, flashing, or 

warning lights activated that is parked or otherwise stopped on or next to a street or highway 

having more than two lanes in the same direction, the driver of a vehicle shall safely move the 

vehicle so as to leave a full lane vacant between the driver and any lane in which the authorized 

vehicle is completely or partially parked or otherwise stopped, if it is possible to do so. 

(d) If a lane change under paragraph (b) or (c) is impossible, or when approaching and before 

passing an authorized vehicle with its emergency, flashing, or warning lights activated that is 

parked or otherwise stopped on or next to a street or highway having only one lane in the same 

direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed that is 

reasonable and prudent under the conditions until the motor vehicle has completely passed the 

parked or stopped authorized vehicle, if it is possible to do so. 

(e) A peace officer may issue a citation to the driver of a motor vehicle if the peace officer has 

probable cause to believe that the driver has operated the vehicle in violation of this subdivision 

within the four-hour period following the termination of the incident or a receipt of a report 

under paragraph (f). The citation may be issued even though the violation was not committed in 

the presence of the peace officer. 

(f) Although probable cause may be otherwise satisfied by other evidentiary elements or factors, 

probable cause is sufficient for purposes of this subdivision when the person cited is operating 

the vehicle described by a member of the crew of an authorized emergency vehicle or a towing 

vehicle as defined in section 168B.011, subdivision 12a, responding to an incident in a timely 

report of the violation of this subdivision, which includes a description of the vehicle used to 

commit the offense and the vehicle's license plate number. For the purposes of issuance of a 

citation under paragraph (e), “timely” means that the report must be made within a four-hour 

period following the termination of the incident. 

Subd. 12. Repealed by Laws 2019, c. 18, § 5, eff. May 4, 2019. 

Minn. Stat. Ann. § 169.18 (West 2021) 

*§ 169.26. Special stops at railroad crossing 

Subdivision 1. Requirements. (a) Except as provided in section 169.28, subdivision 1, when any 

person driving a vehicle approaches a railroad grade crossing under any of the circumstances 

stated in this paragraph, the driver shall stop the vehicle not less than ten feet from the nearest 

railroad track and shall not proceed until safe to do so and until the roadway is clear of traffic so 

that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past 

the farthest railroad track. These requirements apply when: 

(1) a clearly visible electric or mechanical signal device warns of the immediate approach of a 

railroad train or other on-track equipment; or 

(2) an approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity. 

(b) The fact that a moving railroad train or other on-track equipment approaching a railroad 

grade crossing is visible from the crossing is prima facie evidence that it is not safe to proceed. 

(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade crossing 

when (1) a human flagger signals the approach or passage of a railroad train or other on-track 

equipment, or (2) a crossing gate is lowered warning of the immediate approach or passage of a 

railroad train or other on-track equipment. No person may drive a vehicle past a flagger at a 
502 

railroad crossing until the flagger signals that the way is clear to proceed or drive a vehicle past a 

lowered crossing gate. 

Subd. 1a. Violation. A police officer may arrest the driver of a motor vehicle if the police officer 

has probable cause to believe that the driver has operated the vehicle in violation of subdivision 1 

within the past four hours. 

Subd. 2. Misdemeanor. (a) A driver who violates subdivision 1 is guilty of a misdemeanor. 

(b) The owner or, in the case of a leased vehicle, the lessee of a motor vehicle is guilty of a petty 

misdemeanor if a motor vehicle owned or leased by that person is operated in violation of 

subdivision 1. This paragraph does not apply to a lessor of a motor vehicle if the lessor keeps a 

record of the name and address of the lessee. This paragraph does not apply if the motor vehicle 

operator is prosecuted for violating subdivision 1. A violation of this paragraph does not 

constitute grounds for revocation or suspension of the owner's or lessee's driver's license. 

Subd. 3. Driver training. All driver education courses approved by the commissioner of public 

safety must include instruction on railroad-highway grade crossing safety. The commissioner of 

public safety shall by rule establish minimum standards of course content relating to operation of 

vehicles at railroad-highway grade crossings. 

Subd. 4. Pedestrians; penalty. (a) A pedestrian shall not pass through, around, over, or under any 

crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being 

opened or closed. 

(b) A pedestrian shall not enter, remain upon, or traverse over a railroad track, grade crossing, or 

pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or 

mechanical signal device is operational and warning of the presence, approach, passage, or 

departure of a railroad train or other on-track equipment. 

(c) A person who violates this subdivision is subject to a fine of up to $100. 

Minn. Stat. Ann. § 169.26 (West 2021) 

*§ 169.34. Prohibitions; stopping, parking 

Subdivision 1. Prohibitions. (a) No person shall stop, stand, or park a vehicle, except when 

necessary to avoid conflict with other traffic or in compliance with the directions of a police 

officer or traffic-control device, in any of the following places: 

(1) on a sidewalk; 

(2) in front of a public or private driveway; 

(3) within an intersection; 

(4) within ten feet of a fire hydrant; 

(5) on a crosswalk; 

(6) within 20 feet of a crosswalk at an intersection; 

(7) within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal 

located at the side of a roadway; 

(8) between a safety zone and the adjacent curb or within 30 feet of points on the curb 

immediately opposite the ends of a safety zone, unless a different length is indicated by signs or 

markings; 

(9) within 50 feet of the nearest rail of a railroad crossing; 

(10) within 20 feet of the driveway entrance to any fire station and on the side of a street 

opposite the entrance to any fire station within 75 feet of said entrance when properly 

signposted; 
503 

(11) alongside or opposite any street excavation or obstruction when such stopping, standing, or 

parking would obstruct traffic; 

(12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; 

(13) upon any bridge or other elevated structure upon a highway or within a highway tunnel, 

except as otherwise provided by ordinance; 

(14) within a bicycle lane, except when posted signs permit parking; or 

(15) at any place where official signs prohibit stopping. 

(b) No person shall move a vehicle not owned by such person into any prohibited area or away 

from a curb such distance as is unlawful. 

(c) No person shall, for camping purposes, leave or park a travel trailer on or within the limits of 

any highway or on any highway right-of-way, except where signs are erected designating the 

place as a campsite. 

(d) No person shall stop or park a vehicle on a street or highway when directed or ordered to 

proceed by any peace officer invested by law with authority to direct, control, or regulate traffic. 

Subd. 2. Violation; penalty for owner or lessee. (a) If a motor vehicle is stopped, standing, or 

parked in violation of subdivision 1, the owner of the vehicle, or for a leased motor vehicle the 

lessee of the vehicle, is guilty of a petty misdemeanor. 

(b) The owner or lessee may not be fined under paragraph (a) if (1) another person is convicted 

for, or pleads guilty to, that violation, or (2) the motor vehicle was stolen at the time of the 

violation. 

(c) Paragraph (a) does not apply to a lessor of a motor vehicle if the lessor keeps a record of the 

name and address of the lessee. 

(d) Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle operator for 

violating subdivision 1. 

(e) A violation under paragraph (a) does not constitute grounds for revocation or suspension of 

the owner's or lessee's driver's license. 

Minn. Stat. Ann. § 169.34 (West 2021) 

§ 219.20. Stop sign; yield sign 

Subdivision 1. When installation required; procedure. At each grade crossing not equipped with 

flashing lights or flashing lights and gates where, because of the dangers attendant upon its use, 

the reasonable protection of life and property makes it necessary for persons approaching the 

crossing to stop or yield before crossing the railroad tracks, stop signs or yield signs must be 

installed. When the government entity responsible for a road that crosses a railroad track deems 

it necessary to install stop signs or yield signs at that crossing, it shall petition the commissioner 

to order the installation of the stop signs or yield signs. The commissioner shall respond to the 

petition by investigating the conditions at the crossing to determine whether stop signs or yield 

signs should be installed at the crossing. On determining, after an investigation following a 

petition from a governmental agency or subdivision or on the commissioner's own motion, that 

stop signs or yield signs should be installed at a crossing, the commissioner shall designate the 

crossing as a stop crossing or yield crossing and shall notify the railway company operating the 

railroad at the crossing of this designation. Within 30 days after notification, the railway 

company shall erect the uniform stop crossing signs or yield crossing signs in accordance with 

the commissioner's order. 

Subd. 2. Stopping distances. When a stop sign or a yield sign has been erected at a railroad 

crossing, the driver of a vehicle approaching a railroad crossing shall stop or yield within 50 feet, 
504 

but not less than ten feet, from the nearest track of the crossing and shall proceed only upon 

exercising due care. 

Minn. Stat. Ann. § 219.20 (West 2021) 

§ 219.22. Stop, look, and listen 

Before proceeding across the railroad track at a crossing marked with a stop sign, drivers shall 

bring their vehicles to a full stop and ascertain whether or not trains are approaching the 

crossing. 

Minn. Stat. Ann. § 219.22 (West 2021) 

Mississippi (5) 

§ 63-3-611. Passing on left 

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and 

passing another vehicle proceeding in the same direction unless such left side is clearly visible 

and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and 

passing to be completely made without interfering with the safe operation of any vehicle 

approaching from the opposite direction or any vehicle overtaken. In every event the overtaking 

vehicle must return to the right-hand side of the roadway before coming within one hundred 

(100) feet of any vehicle approaching from the opposite direction. 

(2) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to 

the left side of the roadway under the following conditions: 

(c) When approaching within one hundred (100) feet of or traversing any marked or readily 

distinguishable intersection or railroad grade crossing; 

Miss. Code. Ann. § 63-3-611 (West 2021) Excerpt from applicable statute published. 

§ 63-3-901. Certain places prohibited 

(1) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with 

other traffic or in compliance with the directions of a police officer or traffic control device, in 

any of the following places: 

g. Within thirty feet upon the approach to any flashing beacon, stop sign, or traffic-control signal 

located at the side of a roadway; 

i. Within fifteen feet of the nearest rail of a railroad crossing; 

Miss. Code. Ann. § 63-3-901 (West 2021) Excerpt from applicable statute published. 

*§ 63-3-1007. Railroad crossings, signals 

(1) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly 

visible electric or mechanical signal device gives warning of the immediate approach of a train 

or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track 

maintenance equipment, the driver of such vehicle shall stop within fifty (50) feet but not less 

than fifteen (15) feet from the nearest track of such railroad and shall not proceed until he can do 

so safely. 

(2) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing 

when a crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a train or other on-track equipment, including, but not limited to, hirail vehicles and on-track maintenance equipment. The violation of this section shall not of itself 
505 

defeat recovery and the question of negligence or the violation aforesaid, shall be left to the jury 

and the comparative negligence statute and prima facie statute of this state shall apply in these 

cases as in other cases of negligence. 

Miss. Code. Ann. § 63-3-1007 (West 2021) 

§ 63-3-1009. Dangerous railroad crossings 

The Mississippi Transportation Commission is hereby authorized to designate particularly 

dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop 

signs are erected the driver of any vehicle shall stop within fifty (50) feet but not less than fifteen 

(15) feet from the nearest track of such grade crossing and shall proceed only upon exercise of 

due care. 

Miss. Code. Ann. § 63-3-1009 (West 2021) 

§ 77-9-249. Vehicles approaching railroad crossings 

(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this subsection, the driver of such vehicle shall stop within fifty (50) feet 

but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed 

until he can do so safely. The foregoing requirements shall apply when one or more of the 

following circumstances exists: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; or 

(b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train; or 

(c) A railroad train approaching within approximately nine hundred (900) feet of the highway 

crossing emits a signal in accordance with Section 77-9-225, and such railroad train, by reason of 

its speed or nearness to such crossing, is an immediate hazard; or 

(d) An approaching railroad train is plainly visible and is in hazardous proximity to such 

crossing. 

(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

(3) In the trial of all actions to recover personal injury or property damages, sustained by any 

driver of such vehicles for collision of said vehicle and train in which action it may appear that 

the said driver may have violated any of the provisions hereof, the question of whether or not the 

said violation was the sole or approximate cause of the accident and injury shall be for the jury to 

determine. The violation of this section shall not of itself defeat recovery, and the question of 

negligence or the violation aforesaid shall be left to the jury; and the comparative negligence 

statutes and prima facie statute of this state shall apply in these cases as in other cases of 

negligence. 

(4) At any railroad grade crossing provided with visible railroad crossbuck signs without 

automatic electric or mechanical signal devices, crossing gates or a human flagman giving a 

signal of the approach or passage of a train, the driver of a vehicle shall, in obedience to such 

railroad crossbuck sign, yield the right-of-way and slow to a speed reasonable for the existing 

conditions, and shall stop if required for safety at a clearly marked stop line, or if no stop line, 

within fifty (50) feet, but not less than fifteen (15) feet, from the nearest rail of the railroad, and 

shall not proceed until he can do so safely. 
506 

(5) Every person, company or corporation violating the provisions of this section shall be guilty 

of a misdemeanor and, upon conviction, shall be fined not less than Two Hundred Fifty Dollars 

($250.00) nor more than Five Hundred Dollars ($500.00), or imprisoned not more than thirty 

(30) days, or both such fine and imprisonment, in the discretion of the court. 

Miss. Code. Ann. § 77-9-249 (West 2021) 

Missouri (4) 

§ 300.295. Obedience to signal indicating approach of train 

1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not 

less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do 

so safely. The foregoing requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train; 

(3) An approaching railroad train is plainly visible and is in hazardous proximity to such 

crossing. 

2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Mo. Ann. Stat. § 300.295 (West 2021) 

§ 300.440. Stopping, standing or parking prohibited 

1. Except when necessary to avoid conflict with other traffic, or in compliance with law or the 

directions of a police officer or official traffic control device, no person shall: (1) Stop, stand or 

park a vehicle: 

(h)On any railroad tracks; 

(i) At any place where official signs prohibit stopping. 

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while 

actually engaged in loading or unloading merchandise or passengers: 

(a) Within fifty feet of the nearest rail of a railroad crossing; 

(b) At any place where official signs prohibit parking 

Mo. Ann. Stat. § 300.440 (West 2021) Excerpt from applicable statute published. 

§ 304.016. Passing regulations--violations, penalties 

4. No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(2) When the view is obstructed upon approaching within one hundred feet of any bridge, 

viaduct, tunnel or when approaching within one hundred feet of or at any intersection or railroad 

grade crossing. 

5. Violation of this section shall be deemed a class C misdemeanor. 

Mo. Ann. Stat. § 304.016 (West 2021) Excerpt from applicable statute published. 

§ 304.035. Stop required at railroad grade crossing, when--commercial motor vehicles, 

speed at crossings--penalty 
507 

1. When any person driving a vehicle approaches a railroad grade crossing, the driver of the 

vehicle shall operate the vehicle in a manner so he will be able to stop, and he shall stop the 

vehicle not less than fifteen feet and not more than fifty feet from the nearest rail of the railroad 

track and shall not proceed until he can safely do so if: 

(1) A clearly visible electric or mechanical signal device warns of the approach of a railroad 

train; or 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal or 

warning of the approach or passage of a railroad train; or 

(3) An approaching railroad train is visible and is in hazardous proximity to such crossing; or 

(4) Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to 

stop at a railroad grade crossing. 

2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing when a train is approaching while such gate or barrier is closed or is being 

opened or closed. 

3. No person shall drive a vehicle through a railroad crossing when there is not sufficient space 

to drive completely through the crossing. 

4. No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient 

undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the 

railroad crossing. 

5. Every commercial motor vehicle as defined in section 302.700 shall, upon approaching a 

railroad grade crossing, be driven at a rate of speed which will permit said commercial motor 

vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven 

upon or over such crossing until due caution has been taken to ascertain that the course is clear. 

This section does not apply to vehicles which are required to stop at railroad crossings pursuant 

to section 304.030. 

6. Any person violating the provisions of this section is guilty of a class C misdemeanor. 

Mo. Ann. Stat. § 304.035 (West 2021) 

Montana (4) 

§ 61-8-325. Limitations on overtaking on the left 

(1) A vehicle may not be driven to the left side of the center of the roadway in overtaking and 

passing another vehicle proceeding in the same direction unless the left side is clearly visible and 

is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to 

be completely made without interfering with the safe operation of any vehicle approaching from 

the opposite direction or any vehicle overtaken. 

(2) A vehicle may not be driven to the left side of the roadway under the following conditions: 

(a) when approaching the crest of a grade or upon a curve in the highway where the driver's view 

is obstructed within a distance that creates a hazard in the event that another vehicle might 

approach from the opposite direction; 

(b) when approaching within 100 feet of or traversing any intersection or railroad grade crossing, 

unless otherwise indicated by an official traffic control device; or 

(c) when the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or 

tunnel. 

(3) The limitations provided in this section do not apply upon a one-way roadway. 

Mont. Code Ann. § 61-8-325 (West 2021) 
508 

*§ 61-8-347. Obedience to signal indicating approach of train or other on-track equipment 

(1) When a person operating a vehicle approaches a railroad crossing under any of the 

circumstances stated in this section, the operator of the vehicle shall slow the vehicle in order to 

stop as close as practicable but not less than 15 feet from the nearest rail of the railroad and may 

not proceed until the operator can do so safely. These requirements apply when: 

(a) a clearly visible electric or mechanical signal device gives warning of the presence or 

immediate approach of a railroad train or other on-track equipment; 

(b) a crossing gate is lowered or when a flag person gives a signal of the approach or passage of 

a railroad train or other on-track equipment; 

(c) a railroad train approaching the crossing emits an audible signal, except at crossings within 

quiet zones established under 69-14-620, indicating that the train is an immediate hazard because 

of its speed or nearness to the crossing; 

(d) an approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to the crossing; 

(e) there is insufficient space to drive completely through the crossing without stopping; or 

(f) there is insufficient undercarriage clearance to clear the railroad crossing. 

(2) A person may not operate a vehicle through, around, or under any crossing gate or barrier at a 

railroad grade crossing while the gate or barrier is closed or is being opened or closed. 

Mont. Code Ann. § 61-8-347 (West 2021) 

§ 61-8-348. All vehicles to stop at certain railroad grade crossings 

(1) The department of transportation and local authorities in their respective jurisdictions may 

designate particularly dangerous highway grade crossings of railroads and erect stop signs at 

these crossings. Where these stop signs are erected, the operator of a vehicle shall stop as close 

as practicable but not less than 15 feet from the nearest rail of the railroad and may proceed only 

upon exercising due care. 

(2) The operator of a vehicle upon a highway outside of the limits of an incorporated city or town 

who is approaching a highway grade crossing where a flag person or a mechanical device is not 

in place or maintained to warn the public of approaching trains or other on-track equipment shall, 

before crossing the railroad tracks, stop the vehicle as close as practicable but not less than 15 

feet from the nearest rail if: 

(a) a curve in the tracks or vegetation or some other feature or characteristic obscures the view of 

approaching trains or other on-track equipment; or 

(b) a moving train or other on-track equipment is within sight or hearing. 

Mont. Code Ann. § 61-8-348 (West 2021) 

§ 61-8-354. Stopping, standing, or parking prohibited in specified places--exceptions--

definition 

(1) A person may not stop, stand, or park a vehicle, except when necessary to avoid conflict with 

other traffic or in compliance with law or the directions of a police officer, highway patrol 

officer, or official traffic control device, in any of the following places: 

(i) within 50 feet of the nearest rail of a railroad crossing; 

(g) within 30 feet upon the approach to any flashing beacon, stop sign, or official traffic control 

device located at the side of a roadway; 

Mont. Code Ann. § 61-8-354 (West 2021) Excerpt from applicable statute published. 
509 

Nebraska (4) 

§ 60-6,136. Limitations on overtaking, passing, or driving to the left of the center of 

roadway; when prohibited 

(1) No driver shall overtake and pass another vehicle or drive to the left of the center of the 

roadway whenever: 

(a) He or she approaches the crest of a grade or is upon a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(b) He or she approaches within one hundred feet of or traverses any intersection or railroad 

grade crossing; 

(c) The view is obstructed when he or she approaches within one hundred feet of any bridge, 

viaduct, or tunnel; or 

(d) The section of roadway is designated as a no-passing zone under section 60-6,137. 

(2) The limitations imposed by subsection (1) of this section shall not apply (a) upon a one-way 

roadway, (b) under the conditions described in subdivision (1)(b) of section 60-6,131, or (c) to 

the driver of a vehicle turning left into or from an alley, private road, or driveway unless 

otherwise prohibited by signs. 

Neb. Rev. Stat. Ann. § 60-6,136 (West 2021) 

§ 60-6,166. Stopping, standing, or parking prohibited; exceptions 

 (1) Except when necessary to avoid conflict with other traffic or when in compliance with law 

or the directions of a peace officer or traffic control device, no person shall: 

(a) Stop, stand, or park any vehicle: 

(viii) On any railroad track; or 

(ix) At any place where official signs prohibit stopping; 

(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while 

actually engaged in loading or unloading merchandise or passengers: 

(i) Within fifty feet of the nearest rail of a railroad crossing 

Neb. Rev. Stat. Ann. § 60-6,166 (West 2021) Excerpt from applicable statute published. 

*§ 60-6,170. Obedience to signal indicating approach of train or on-track equipment; 

prohibited acts 

(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances set forth in this section, the driver of such vehicle shall stop within fifty feet but 

not less than fifteen feet from the nearest rail of such railroad and shall not proceed until he or 

she can do so safely. The requirements of this subsection shall apply when: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or on-track equipment; 

(b) A crossing gate is lowered or a flagperson gives or continues to give a signal of the approach 

or passage of a railroad train or on-track equipment; 

(c) A railroad train or on-track equipment approaching within approximately one-quarter mile of 

the highway crossing emits a signal audible from such distance and such railroad train or ontrack equipment, by reason of its speed or nearness to such crossing, is an immediate hazard; 

(d) An approaching railroad train or on-track equipment is plainly visible and is in hazardous 

proximity to such crossing; 
510 

(e) A stop sign is erected at such crossing; or 

(f) A passive warning device is located at or in advance of such crossing and an approaching 

railroad train or on-track equipment is audible as described in subdivision 

(c) of this subsection or plainly visible and in hazardous proximity to such crossing. For purposes 

of this subdivision, passive warning device means the type of traffic control device, including a 

sign, marking, or other device, located at or in advance of a railroad grade crossing to indicate 

the presence of such crossing but which does not change aspect upon the approach or presence of 

a railroad train or on-track equipment. 

(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Neb. Rev. Stat. Ann. § 60-6,170 (West 2021) 

*§ 60-6,171. Railroad crossing stop signs; jurisdiction 

The Department of Transportation and local authorities on highways under their respective 

jurisdictions may designate particularly dangerous highway grade crossings of railroads and 

erect stop signs at the crossings. When such stop signs are erected, the driver of any vehicle shall 

stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall 

proceed only upon exercising due care. 

Neb. Rev. Stat. Ann. § 60-6,171 (West 2021) 

Nevada (3) 

*§ 484B.213. Limitations on overtaking on left side; additional penalty for violation 

committed in work zone or pedestrian safety zone 

1. A vehicle must not be driven to the left side of the center of a two-lane, two-directional 

highway and overtaking and passing another vehicle proceeding in the same direction, unless 

such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to 

permit such overtaking and passing to be completely made without interfering with the safe 

operation of any vehicle approaching from the opposite direction or any vehicle overtaken. 

2. A vehicle must not be driven to the left side of the highway at any time: 

(a) When approaching the crest of a grade or upon a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction. 

(b) When approaching within 100 feet or traversing any intersection or railroad grade crossing. 

(c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or 

tunnel. 

3. Subsection 2 does not apply upon a one-way highway. 

4. A person who violates any provision of this section may be subject to any additional penalty 

set forth in NRS 484B.130 or 484B.135. 

Nev. Rev. Stat. Ann. § 484B.213 (West 2021) 

*§ 484B.553. Obedience to signal indicating approach of railroad train or other on-track

equipment 

1. Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly 

visible official traffic-control or railroad device gives warning of the immediate approach of a 

train or other on-track equipment, the driver of such vehicle shall stop within 50 feet but not less 
511 

than 15 feet from the nearest track of such railroad and shall not proceed until the driver can do 

so safely. The foregoing requirements shall apply when: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment. 

(b) A crossing gate is lowered or when a flagger gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment. 

(c) A railroad train or other on-track equipment approaching within approximately 1,500 feet of 

the highway crossing emits a signal audible from such distance and such railroad train or other 

on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard. 

(d) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. 

2. A person shall not drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Nev. Rev. Stat. Ann. § 484B.553 (West 2021) 

§ 484B.557. Stop required at certain railroad grade crossings 

When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less 

than 15 feet from the nearest track of such a grade crossing and afterward may proceed only 

upon exercising due care. 

Nev. Rev. Stat. Ann. § 484B.557 (West 2021) Excerpt from applicable statute published. 

New Hampshire (4) 

§ 265:21 Further Limitations on Driving to Left of Center of Roadway. 

I. No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(a) When approaching the crest of a grade or upon a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(b) When approaching within 100 feet of or traversing any intersection or railroad grade 

crossing, unless otherwise indicated; 

N.H. Rev. Stat. Ann. § 265:21 (West 2021) Excerpt from applicable statute published. 

§ 265:48 Obedience to Signal Indicating Approach of Train. 

I. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not 

less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so 

safely. The foregoing requirements shall apply when: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

(b) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or 

passage of a railroad train; 

(c) A railroad train approaching within approximately 1500 feet of the way crossing emits a 

signal audible from such distance and such railroad train, by reason of its speed or nearness to 

such crossing, is an immediate hazard; 
512 

(d) An approaching railroad train is plainly visible and is in hazardous proximity to such 

crossing. 

II. No person shall drive any vehicle through, around or under any crossing or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

N.H. Rev. Stat. Ann. § 265:48 (West 2021) 

§ 265:49 All Vehicles Must Stop at Certain Railroad Grade Crossings. 

The commissioner of transportation is hereby authorized to designate particularly dangerous 

highway grade crossings of railroads and to order stop signs erected at such crossings. It shall be 

the duty of the commissioner to erect such stop signs at such designated crossings where said 

highways are under his jurisdiction. Local communities shall when ordered by commissioner 

erect such stop signs on highways within their jurisdiction. When such stop signs are erected the 

driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of 

such railroad and shall proceed only upon exercising due care. 

N.H. Rev. Stat. Ann. § 265:49 (West 2021) 

§ 265:60 Basic Rule and Maximum Limits. 

I. No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent 

under the conditions and having regard to the actual and potential hazards then existing. In every 

event speed shall be so controlled as may be necessary to avoid colliding with any person, 

vehicle, or other conveyance on or entering the way in compliance with legal requirements and 

the duty of all persons to use due care. 

IV. The driver of every vehicle shall, consistent with requirements of paragraph I, drive at an 

appropriate reduced speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when approaching a hillcrest, when 

traveling upon any narrow or winding roadway, and when special hazard exists with respect to 

pedestrians or other traffic by reason of weather or highway conditions. 

N.H. Rev. Stat. Ann. § 265:60 (West 2021) Excerpt from applicable state published.

New Jersey (4) 

§ 39:4-83. Keeping to right at intersections; exception on one-way roadway 

In crossing an intersection of highways or the intersection of a highway and a railroad right of 

way, the driver of a vehicle shall at all times cause the vehicle to travel on the right half of the 

roadway unless the right half is obstructed or impassable. The foregoing limitations shall not 

apply upon a one-way roadway. 

N.J. Stat. Ann. § 39:4-83 (West 2021) 

*§ 39:4-98. Rates of speed 

Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those 

instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the 

driver of a vehicle to drive it at a speed not exceeding the following: 

a. (1) Twenty-five miles per hour, when passing through a school zone during recess, when the 

presence of children is clearly visible from the roadway, or while children are going to or leaving 

school, during opening or closing hours; 
513 

(2) Twenty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington 

County, as provided by paragraphs (1) and (2) of subsection a. of section 3 of P.L.2019, c. 5 

(C.39:4-98.12); 

(3) Thirty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington 

County, as provided by paragraphs (3) and (4) of subsection a. of section 3 of P.L.2019, 

 c. 5 (C.39:4-98.12); 

b. (1) Twenty-five miles per hour in any business or residential district; 

(2) Thirty-five miles per hour in any suburban business or residential district; 

c. Fifty miles per hour in all other locations, except as otherwise provided in the “Sixty-Five 

MPH Speed Limit Implementation Act,” pursuant to P.L.1997, c. 415 (C.39:4-98.3 et al.). 

Whenever it shall be determined upon the basis of an engineering and traffic investigation that 

any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions 

found to exist at any intersection or other place or upon any part of a highway, the Commissioner 

of Transportation, with reference to State highways, may by regulation and municipal or county 

authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of 

municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to 

the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, 

designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-

96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be 

determined, when appropriate signs giving notice thereof are erected at such intersection, or 

other place or part of the highway. Appropriate signs giving notice of the speed limits authorized 

under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be 

erected if the commissioner or the municipal or county authorities, as the case may be, so 

determine they are necessary. Appropriate signs giving notice of the speed limits authorized 

under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be 

erected by the commissioner or the municipal or county authorities, as appropriate. 

When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to 

this subsection, as part of an engineering and traffic investigation, a municipality or county shall 

consider, but not be limited to, the following criteria: residential density; the presence, or lack, of 

sidewalks; the prevalence of entry and exit ways for business and commercial establishments; 

whether school children walk adjacent to the street on their way to and from school; and the 

proximity of recreational or park areas, schools, community residences, family day care homes, 

child care centers, assisted living facilities, or senior communities. Nothing in this paragraph 

shall substitute for traffic count, accident, and speed sampling data as appropriate. 

The driver of every vehicle shall, consistent with the requirements of this section, drive at an 

appropriate reduced speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, when approaching a hill crest, when 

traveling upon any narrow or winding roadway, and when special hazard exists with respect to 

pedestrians or other traffic or by reason of weather or highway conditions. 

The Commissioner of Transportation shall cause the erection and maintenance of signs at such 

points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the 

wording of which shall be within the commissioner's discretion. 

N.J. Stat. Ann. § 39:4-98 (West 2021) 

*§ 39:4-127.1. Railroad crossings; stopping 
514 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not 

less than 15 feet from the nearest rail of such railroad, and shall not proceed until the driver can 

do so safely. The foregoing requirements shall apply when: 

1. A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment; 

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment; 

3. A railroad train or other on-track equipment approaching within approximately 1500 feet of 

the highway crossing emits a signal audible from such distance and such railroad train or other 

on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard; 

4. An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. 

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

N.J. Stat. Ann. § 39:4-127.1 (West 2021) 

*§ 39:4-138. Places where parking prohibited; exceptions; moving vehicle not under one's 

control into prohibited area 

Except when necessary to avoid conflict with other traffic or in compliance with the directions of 

a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the 

vehicle in any of the following places: 

j. Within 50 feet of the nearest rail of a railroad crossing;) 

N.J. Stat. Ann. § 39:4-138 (West 2021) Excerpt from applicable statute published. 

New Mexico (4) 

§ 66-7-313. Further limitations on driving to left of center of roadway 

A. No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(1) when approaching the crest of a grade or upon a curve in the highway where the driver's view 

is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) when approaching within one hundred feet of or traversing any intersection or railroad grade 

crossing; or 

(3) when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct 

or tunnel. 

B. The foregoing limitations shall not apply upon a one-way roadway. 

N.M. Stat. Ann. § 66-7-313 (West 2021) 

§ 66-7-341. Railroad-highway grade crossing violations; all drivers 

A. A person driving a vehicle approaching a railroad-highway grade crossing shall: 

(1) obey traffic control devices, crossing gates or barriers or the directions of an enforcement 

official at the crossing; 

(2) stop not more than fifty feet and not less than fifteen feet from the nearest rail of a crossing if: 

(a) a train is moving through or blocking the crossing; 
515 

(b) a train is plainly visible and approaching the crossing within hazardous proximity to the 

crossing; 

(c) the sound of a train's warning signal can be heard; or 

(d) a traffic control device, crossing gate, barrier or light or an enforcement official signals the 

driver to stop; and 

(3) proceed through the railroad-highway grade crossing only if it is safe to completely pass 

through the entire railroad-highway grade crossing without stopping. 

B. A person shall not: 

(1) drive a vehicle through, around or under a crossing gate or barrier at a railroad-highway 

grade crossing while the gate or barrier is closed or being opened or closed; 

(2) drive onto the railroad-highway grade crossing and stop; or 

(3) enter a crossing if the vehicle being driven has insufficient undercarriage clearance to pass 

over the crossing. 

C. The penalty assessment for violation of this section is included in Section 66-8-116 NMSA 

1978. 

N.M. Stat. Ann. § 66-7-341 (West 2021) 

§ 66-7-342. All vehicles must stop at certain railroad grade crossings 

The state transportation commission and local authorities with the approval of the state 

transportation commission are hereby authorized to designate particularly dangerous highway 

grade crossings of railroads and to erect stop signs at those crossings. When such stop signs are 

erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the 

nearest rail of the railroad and shall proceed only upon exercising due care. 

N.M. Stat. Ann. § 66-7-342 (West 2021) 

§ 66-7-351. Stopping, standing or parking prohibited in specified places 

A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with 

other traffic or in compliance with law or the directions of a police officer or traffic-control 

device, in any of the following places: 

(7) within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal 

located at the side of a roadway; 

(9) within fifty feet of the nearest rail of a railroad crossing; 

N.M. Stat. Ann. § 66-7-351 (West 2021) Excerpt from applicable statute published. 

New York (6) 

§ 1125. Further limitations on driving to left of center of roadway 

(a) No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

1. When approaching the crest of a grade or upon a curve in the highway where the driver's view 

is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

2. When approaching within one hundred feet of or traversing any railroad grade crossing; 

3. When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, 

or tunnel. 
516 

(b) The foregoing limitations shall not apply upon a one-way roadway nor to a vehicle in any 

lane which is at the time allocated exclusively to traffic moving in the direction the vehicle is 

proceeding and is marked to give notice of such allocation. 

N.Y. Veh. & Traf. Law § 1125 (McKinney 2021) 

*§ 1170. Obedience to signal indicating approach of train 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop not less than fifteen feet 

from the nearest rail of such railroad, and shall not proceed until he can do so safely. The 

foregoing requirements shall apply when: 

1. An audible or clearly visible electric or mechanical signal device gives warning of the 

immediate approach of a railroad train; 

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train; 

3. A railroad train approaching within approximately one thousand five hundred feet of the 

highway crossing emits a signal audible from such distance and such railroad train, by reason of 

its speed or nearness to such crossing, is an immediate hazard; or 

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. 

5. Every person convicted of a violation of this subdivision shall for a first conviction thereof be 

punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more 

than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, 

both of which were committed within a period of eighteen months, such person shall be punished 

by a fine of not more than five hundred dollars or by imprisonment for not more than forty-five 

days or by both such fine and imprisonment; upon a conviction of a third or subsequent 

violation, all of which were committed within a period of eighteen months, such person shall be 

punished by a fine of not more than seven hundred fifty dollars or by imprisonment for not more 

than ninety days or by both such fine and imprisonment. 

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. Every person 

convicted of a violation of this subdivision shall for a first conviction thereof be punished by a 

fine of not less than two hundred fifty dollars nor more than four hundred dollars or by 

imprisonment for not more than thirty days or by both such fine and imprisonment; for a 

conviction of a second violation, both of which were committed within a period of thirty months, 

such person shall be punished by a fine of not less than three hundred fifty dollars nor more than 

seven hundred fifty dollars or by imprisonment for not more than ninety days or by both such 

fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were 

committed within a period of thirty months, such person shall be punished by a fine of not less 

than six hundred dollars nor more than one thousand dollars or by imprisonment for not more 

than one hundred eighty days or by both such fine and imprisonment. 

(c) 1. Any person convicted of a violation of this section while driving any vehicle carrying 

passengers under eighteen years of age, any bus carrying passengers, any school bus or any 

vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall, 

upon conviction of a first offense, be guilty of a class A misdemeanor, and shall, upon conviction 

of a second or subsequent offense committed within five years of the prior offense, be guilty of a 

class E felony. 
517 

2. Any person convicted of a violation of this section resulting in an accident which causes 

physical injury, as that term is defined pursuant to subdivision nine of section 10.00 of the penal 

law, serious physical injury, as that term is defined pursuant to subdivision ten of section 10.00 

of the penal law, or death to another person, shall be guilty of a class E felony. 

(d) Nothing contained in this section shall be construed to prohibit or limit the prosecution of any 

violation, crime or other offense otherwise required or permitted by law. 

N.Y. Veh. & Traf. Law § 1170 (McKinney 2021) 

§ 1176. Obstructing highway-railroad grade crossings 

No person shall drive a vehicle onto the railroad tracks at a highway-railroad grade crossing 

unless there is sufficient undercarriage clearance to traverse the crossing and adequate space on 

the opposite side of the crossing to accommodate the vehicle he and/or she is driving, 

notwithstanding the indication of any traffic control device which would permit him and/or her 

to proceed. 

N.Y. Veh. & Traf. Law § 1176 (McKinney 2021) 

*§ 1180. Basic rule and maximum limits 

(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the 

conditions and having regard to the actual and potential hazards then existing. 

(b) Except as provided in subdivision (g) of this section and except when a special hazard exists 

that requires lower speed for compliance with subdivision (a) of this section or when maximum 

speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a 

speed in excess of fifty-five miles per hour. 

(c) Except as provided in subdivision (g) of this section, whenever maximum school speed limits 

have been established on a highway adjacent to a school as authorized in section sixteen hundred 

twenty, sixteen hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three or 

sixteen hundred sixty-two-a, no person shall drive in excess of such maximum school speed 

limits during: 

(1) school days at times indicated on the school zone speed limit sign, provided, however, that 

such times shall be between the hours of seven o'clock A.M. and six o'clock P.M. or alternative 

times within such hours; or 

(2) a period when the beacons attached to the school zone speed limit sign are flashing and such 

sign is equipped with a notice that indicates that the school zone speed limit is in effect when 

such beacons are flashing, provided, however, that such beacons shall only flash during student 

activities at the school and up to thirty minutes immediately before and up to thirty minutes 

immediately after such student activities. 

(d) 1. Except as provided in subdivision (g) of this section, whenever maximum speed limits, 

other than school speed limits, have been established as authorized in sections sixteen hundred 

twenty, sixteen hundred twenty-two, sixteen hundred twenty-three, sixteen hundred twentyseven, sixteen hundred thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen 

hundred fifty-two, sixteen hundred sixty-two-a, sixteen hundred sixty-three, and sixteen hundred 

seventy, no person shall drive in excess of such maximum speed limits at any time. 

2. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other 

than school speed limits, have been established with respect to any restricted highway as 

authorized in section sixteen hundred twenty-five, no person shall drive in excess of such 

maximum speed limits at any time. 
518 

(e) The driver of every vehicle shall, consistent with the requirements of subdivision (a) of this 

section, drive at an appropriate reduced speed when approaching and crossing an intersection or 

railway grade crossing, when approaching and going around a curve, when approaching a hill 

crest, when approaching and passing by an emergency situation involving any authorized 

emergency vehicle which is parked, stopped or standing on a highway and which is displaying 

one or more red or combination red, white, and/or blue lights pursuant to the provisions of 

paragraph two and subparagraph b of paragraph four of subdivision forty-one of section three 

hundred seventy-five of this chapter, when traveling upon any narrow or winding roadway, and 

when any special hazard exists with respect to pedestrians, or other traffic by reason of weather 

or highway conditions, including, but not limited to a highway construction or maintenance work 

area, or when approaching a hazard vehicle which is parked, stopped or standing on the shoulder 

or on any portion of such highway and such hazard vehicle is displaying one or more amber 

lights pursuant to the provisions of paragraph three of subdivision forty-one of section three 

hundred seventy-five of this chapter. 

(f) Except as provided in subdivision (g) of this section and except when a special hazard exists 

that requires lower speed for compliance with subdivision (a) or (e) of this section or when a 

lower maximum speed limit has been established, no person shall drive a vehicle through a 

highway construction or maintenance work area at a speed in excess of the posted work area 

speed limit. The agency having jurisdiction over the affected street or highway may establish 

work area speed limits which are less than the normally posted speed limits; provided, however, 

that such normally posted speed limit may exceed the work area speed limit by no more than 

twenty miles per hour; and provided further that no such work area speed limit may be 

established at less than twenty-five miles per hour. 

(g)(i) No person who uses a radar or laser detector in a vehicle with a gross vehicle weight rating 

of more than eighteen thousand pounds, or a commercial motor vehicle with a gross vehicle 

weight rating of more than ten thousand pounds, shall drive at a speed in excess of fifty-five 

miles per hour or, if a maximum speed limit other than fifty-five miles per hour as hereinbefore 

authorized has been established, at a speed in excess of such speed limit. The presence in any 

such vehicle of either: (1) a radar or laser detector connected to a power source and in an 

operable condition; or (2) a concealed radar or laser detector where a part of such detector is 

securely affixed to some part of the vehicle outside of the cab, in a manner which renders the 

detector not readily observable, is presumptive evidence of its use by any person operating such 

vehicle. Either such presumption shall be rebutted by any credible and reliable evidence which 

tends to show that such radar or laser detector was not in use. 

(ii) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of 

a radar or laser detector, unless otherwise provided by law. 

(h) Upon a conviction for a violation of subdivision (b), (c), (d), (f) or (g) of this section, the 

court shall record the speed upon which the conviction was based on the certificate required to be 

filed with the commissioner pursuant to section five hundred fourteen of this chapter, or if the 

conviction occurs in an administrative tribunal established pursuant to article two-A of this 

chapter, the speed upon which the conviction was based shall be entered in the department's 

records. 

1. Every person convicted of a violation of subdivision (b) or paragraph one of subdivision (d) of 

this section shall be punished as follows: 
519 

(i) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by not more than ten miles per hour, by a fine of not 

less than forty-five nor more than one hundred fifty dollars; 

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by more than ten miles per hour but not more than 

thirty miles per hour, by a fine of not less than ninety nor more than three hundred dollars or by 

imprisonment for not more than fifteen days or by both such fine and imprisonment; 

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by more than thirty miles per hour, by a fine of not 

less than one hundred eighty nor more than six hundred dollars, or by imprisonment for not more 

than thirty days, or by both such fine and imprisonment. 

2. Every person convicted of a violation of subdivision (a) or (e) of this section shall be punished 

by a fine of not less than forty-five nor more than one hundred fifty dollars, or by imprisonment 

for not more than fifteen days, or by both such fine and imprisonment. 

3. Every person convicted of a violation of paragraph two of subdivision (d), subdivision (f) or 

(g) of this section shall be punished as follows: 

(i) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by not more than ten miles per hour, by a fine of not 

less than ninety nor more than one hundred fifty dollars; 

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by more than ten miles per hour, but not more than 

thirty miles per hour, by a fine of not less than one hundred eighty nor more than three hundred 

dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment, 

provided, however, that where the vehicle is either (A) in violation of any rules or regulations 

involving an out-of-service defect relating to brake systems, steering components and/or 

coupling devices, or (B) transporting flammable gas, radioactive materials or explosives, the fine 

shall be three hundred dollars or imprisonment for not more than thirty days, or both such fine 

and imprisonment; 

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by more than thirty miles per hour, by a fine of not 

less than three hundred sixty nor more than six hundred dollars or by imprisonment for not more 

than thirty days or by both such fine and imprisonment, provided, however, that where the 

vehicle is either (A) in violation of any rules or regulations involving an out-of-service defect 

relating to brake systems, steering components and/or coupling devices, or (B) transporting 

flammable gas, radioactive materials or explosives, the fine shall be six hundred dollars or 

imprisonment for not more than thirty days, or both such fine and imprisonment. 

4. Every person convicted of a violation of subdivision (c) of this section when such violation 

occurs in a school speed zone during a school day between the hours of seven o'clock A.M. and 

six o'clock P.M., shall be punished as follows: 

(i) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by not more than ten miles per hour, by a fine of not 

less than ninety nor more than three hundred dollars; 

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by more than ten miles per hour but not more than 

thirty miles per hour, by a fine of not less than one hundred eighty nor more than six hundred 
520 

dollars or by imprisonment for not more than fifteen days or by both such fine and 

imprisonment; 

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was 

based exceeded the applicable speed limit by more than thirty miles per hour, by a fine of not 

less than three hundred sixty nor more than one thousand two hundred dollars, or by 

imprisonment for not more than thirty days, or by both such fine and imprisonment. 

5. Notwithstanding the foregoing provisions of this subdivision, the maximum fine provided 

herein for the violation for which the person is sentenced may be increased by an additional one 

hundred fifty dollars if the conviction is for a second violation of any subdivision of this section 

where both violations were committed within an eighteen month period, and the maximum fine 

provided herein for the violation for which the person is sentenced may be increased by an 

additional three hundred seventy-five dollars if the conviction is for a third or subsequent 

violation of any subdivision of this section where all such violations were committed within an 

eighteen month period. Where an additional fine is provided by this paragraph, a sentence of 

imprisonment for not more than thirty days may be imposed in place of or in addition to any fine 

imposed. 

N.Y. Veh. & Traf. Law § 1180 (McKinney 2021) 

*§ 1202. Stopping, standing or parking prohibited in specified places 

(a) Except when necessary to avoid conflict with other traffic, or when in compliance with law or 

the directions of a police officer or official traffic-control device, no person shall: 

1. Stop, stand or park a vehicle: 

h. On any railroad tracks; 

22 N.Y. Veh. & Traf. Law § 1202 (McKinney 2021) Excerpt from applicable statute published. 

§ 1685. All vehicles must stop or yield at certain railroad grade crossings where a stop or 

yield sign is erected 

Whenever any such crossing is so designated and a stop or yield sign is installed, it shall be 

unlawful for the driver of any vehicle to fail to stop or yield within fifty feet but not less than 

fifteen feet from such railroad tracks before traversing such crossing. The failure to erect, or the 

erection of, or failure to replace or maintain such signs shall not be a basis for any action of 

negligence against a municipality or the state nor a basis of a defense by a railroad in an action 

based on negligence against a railroad. 

N.Y. Veh. & Traf. Law § 1685 (McKinney 2021) Excerpt from applicable statute published. 

North Carolina (5) 

*§ 20-142.1. Obedience to railroad signal 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of the vehicle shall stop within 50 feet, but not 

less than 15 feet from the nearest rail of the railroad and shall not proceed until he can do so 

safely. These requirements apply when: 

(1) A clearly visible electrical or mechanical signal device gives warning of the immediate 

approach of a railroad train or on-track equipment; 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train or on-track equipment; 
521 

(3) A railroad train or on-track equipment approaching within approximately 1500 feet of the 

highway crossing emits a signal audible from that distance, and the railroad train or on-track 

equipment is an immediate hazard because of its speed or nearness to the crossing; or 

(4) An approaching railroad train or on-track equipment is plainly visible and is in hazardous 

proximity to the crossing. 

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed, nor shall any 

pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad crossing 

while the gate or barrier is closed or is being opened or closed. 

(c) When stopping as required at a railroad crossing, the driver shall keep as far to the right of the 

highway as possible and shall not form two lanes of traffic unless the roadway is marked for four 

or more lanes of traffic. 

(d) Any person who violates any provisions of this section shall be guilty of an infraction and 

punished in accordance with G.S. 20-176. Violation of this section shall not constitute 

negligence per se. 

(e) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a 

commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer 

will also be subject to a civil penalty under G.S. 20-37.21. N.C. 

N.C. Gen. Stat. Ann. § 20-142.1 (West 2021) 

§ 20-142.2 Vehicles stop at certain grade crossing 

The Department of Transportation may designate particularly dangerous highway crossings of 

railroads and erect stop signs at those crossings. When a stop sign is erected at a highway 

crossing of a railroad, the driver of any vehicle shall stop within 50 feet but not less than 15 feet 

from the nearest rail of such grade crossing and shall proceed only upon exercising due care. 

Any person who violates this section shall be guilty of an infraction and punished in accordance 

with G.S. 20-176. Violation of this section shall not constitute negligence per se. An employer 

who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor 

vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject 

to a civil penalty under G.S. 20-37.21. 

N.C. Gen. Stat. Ann. § 20-142.2 (West 2021) 

*§ 20-142.5. Stop when traffic obstructed 

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or 

railroad grade crossing to accommodate the vehicle he is operating without obstructing the 

passage of other vehicles, pedestrians, or railroad trains or on-track equipment, notwithstanding 

the indication of any traffic control signal to proceed. Any person who violates any provision of 

this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. 

Violation of this section shall not constitute negligence per se. 

An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a 

commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer 

will also be subject to a civil penalty under G.S. 20-37.21 N.C. 

N.C. Gen. Stat. Ann. § 20-142.5 (West 2021) 
522 

§ 20-147. Keep to the right in crossing intersections or railroads 

In crossing an intersection of highways or the intersection of a highway by a railroad right-ofway, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the 

highway unless such right side is obstructed or impassable. 

N.C. Gen. Stat. Ann. § 20-147 (West 2021) 

*§ 20-150. Limitations on privilege of overtaking and passing 

(a) The driver of a vehicle shall not drive to the left side of the center of a highway, in overtaking 

and passing another vehicle proceeding in the same direction, unless such left side is clearly 

visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking 

and passing to be made in safety. 

(b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same 

direction upon the crest of a grade or upon a curve in the highway where the driver's view along 

the highway is obstructed within a distance of 500 feet. 

(c) The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same 

direction at any railway grade crossing nor at any intersection of highway unless permitted so to 

do by a traffic or police officer. For the purposes of this section the words “intersection of 

highway” shall be defined and limited to intersections designated and marked by the Department 

of Transportation by appropriate signs, and street intersections in cities and towns. 

(d) The driver of a vehicle shall not drive to the left side of the centerline of a highway upon the 

crest of a grade or upon a curve in the highway where such centerline has been placed upon such 

highway by the Department of Transportation, and is visible. 

(e) The driver of a vehicle shall not overtake and pass another on any portion of the highway 

which is marked by signs, markers or markings placed by the Department of Transportation 

stating or clearly indicating that passing should not be attempted. The prohibition in this section 

shall not apply when the overtaking and passing is done in accordance with all of the following: 

(1) The slower moving vehicle to be passed is a bicycle or a moped. 

(2) The slower moving vehicle is proceeding in the same direction as the faster moving vehicle. 

(3) The driver of the faster moving vehicle either (i) provides a minimum of four feet between 

the faster moving vehicle and the slower moving vehicle or (ii) completely enters the left lane of 

the highway. 

(4) The operator of the slower moving vehicle is not (i) making a left turn or (ii) signaling in 

accordance with G.S. 20-154 that he or she intends to make a left turn. 

(5) The driver of the faster moving vehicle complies with all other applicable requirements set 

forth in this section. 

(e1) The driver of a vehicle shall not overtake and pass self-propelled farm equipment 

proceeding in the same direction when the farm equipment is (i) making a left turn or (ii) 

signaling that it intends to make a left turn. 

(f) The foregoing limitations shall not apply upon a one-way street nor to the driver of a vehicle 

turning left in or from an alley, private road, or driveway. 

N.C. Gen. Stat. Ann. § 20-150 (West 2021) 

North Dakota (7) 

§ 39-09-01. Basic rule--Penalty for violation 
523 

No person may drive a vehicle at a speed greater than is reasonable and prudent under the 

conditions and having regard to the actual and potential hazards then existing. Consistent with 

the foregoing, every person shall drive at a safe and appropriate speed when approaching and 

crossing an intersection or railroad grade crossing, when approaching and going around a curve, 

when approaching a hill crest, when traveling upon any narrow or winding roadway, and when 

special hazards exist with respect to pedestrians or other traffic or by reason of weather or 

highway conditions. 

Any person who drives a vehicle upon a highway or private or public property open to the public 

for the operation of motor vehicles without heed to the requirements or restrictions of this section 

has committed careless driving and must be assessed a fee of thirty dollars. Any person who, by 

reason of careless driving as herein defined, causes and inflicts injury upon the person of an 

operator of snow removal equipment engaged in snow removal operations or causes damage in 

excess of one thousand dollars to snow removal equipment engaged in snow removal is guilty of 

an infraction. 

As used in this section, “snow removal equipment” means a vehicle that is operated by a person 

employed by or on behalf of an authority in charge of the maintenance of the highway to perform 

winter maintenance snow and ice removal, including plowing, hauling away, salting, and 

sanding. 

N.D. Cent. Code Ann. § 39-09-01 (West 2021) 

§ 39-09-02. Speed limitations 

1. Subject to the provisions of section 39-09-01 and except in those instances when a lower 

speed is specified in this chapter, it presumably is lawful for the driver of a vehicle to drive the 

same at a speed not exceeding: 

a. Twenty miles [32.19 kilometers] an hour when approaching within fifty feet [15.24 meters] of 

a grade crossing of any steam, electric, or street railway when the driver's view is obstructed. A 

driver's view is deemed to be obstructed when at any time during the last two hundred feet 

[60.96 meters] of the driver's approach to such crossing, the driver does not have a clear and 

uninterrupted view of such railway crossing and of any traffic on such railway for a distance of 

four hundred feet [121.92 meters] in each direction from such crossing. 

3. Except as provided by law, it is unlawful for any person to drive a vehicle upon a highway at a 

speed that is unsafe or at a speed exceeding the speed limit prescribed by law or established 

pursuant to law. 

4. In charging a violation of the provisions of this section, the complaint must specify the speed 

at which the defendant is alleged to have driven and the speed which this section prescribes is 

prima facie lawful at the time and place of the alleged offense. 

N.D. Cent. Code Ann. § 39-09-02 (West 2021) Excerpt from applicable statute published. 

§ 39-10-14. Further limitations on driving on left of center of roadway 

1. No vehicle may be driven to the left side of the roadway under any of the following 

conditions: 

a. When approaching or upon the crest of a grade or a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction. 

b. When approaching within one hundred feet [30.48 meters] of or traversing any intersection or 

railroad grade crossing. 
524 

c. When the view is obstructed upon approaching within one hundred feet [30.48 meters] of any 

bridge, viaduct, or tunnel. 

2. The foregoing limitations do not apply upon a one-way roadway, nor under the conditions 

described in section 39-10-08, nor to the driver of a vehicle turning left into or from an alley, 

private road, or driveway. 

N.D. Cent. Code Ann. § 39-10-14 (West 2021) 

*§ 39-10-41. Obedience to signal indicating approach of train or other on-track equipment 

1. When a vehicle approaches a railroad grade crossing under any of the circumstances stated in 

this section, the driver of the vehicle shall stop within fifty feet [15.24 meters] but not less than 

fifteen feet [4.57 meters] from the nearest rail of such railroad, and may not proceed until the 

driver can do so safely. These requirements apply when: 

a. A clearly visible electric or mechanical signal device gives warning of the immediate approach 

of a railroad train or other on-track equipment; 

b. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment; 

c. A railroad train or other on-track equipment approaching within approximately one thousand 

three hundred twenty feet [402.34 meters] of the highway crossing emits a signal audible from 

such distance and such railroad train or other on-track equipment, by reason of its speed or 

nearness to such crossing, is an immediate hazard; or 

d. An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. 

2. A person may not drive a vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. A person may 

not drive a vehicle past a human flagman at a railroad crossing until the flagman signals that the 

way is clear to proceed. 

N.D. Cent. Code Ann. § 39-10-41 (West 2021) 

§ 39-10-42. All vehicles must stop at certain railroad grade crossings 

The department of transportation and local authorities, with respect to highways under their 

respective jurisdiction, are hereby authorized to designate particularly dangerous highway grade 

crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the driver 

of any vehicle shall stop within fifty feet [15.24 meters] but not less than fifteen feet [4.57 

meters] from the nearest rail of such railroad and shall proceed only upon exercising due care. 

N.D. Cent. Code Ann. § 39-10-42 (West 2021) 

§ 39-10-49. Stopping, standing, or parking prohibited in specified places 

No person may stop, stand, or park a vehicle, except when necessary to avoid conflict with other 

traffic or in compliance with law or the directions of a police officer or traffic-control device, in 

any of the following places: 

7. Within fifteen feet [4.57 meters] upon the approach to any flashing beacon, stop sign, or 

traffic-control signal located at the side of a roadway. 

9. Within fifteen feet [4.57 meters] of the nearest rail of a railroad crossing. 

N.D. Cent. Code Ann. § 39-10-49 (West 2021) Excerpt from applicable statute published. 
525 

§ 39-10-68. Stop when traffic obstructed 

No driver may enter any intersection or a marked crosswalk or drive onto a railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or 

railroad grade crossing to accommodate the vehicle the driver is operating without obstructing 

the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic-control 

signal indication to proceed. 

N.D. Cent. Code Ann. § 39-10-68 (West 2021) 

Ohio (6) 

*§ 4511.30 Prohibition against driving to left of center line 

(A) No vehicle or trackless trolley shall be driven upon the left side of the roadway under the 

following conditions: 

(1) When approaching the crest of a grade or upon a curve in the highway, where the operator's 

view is obstructed within such a distance as to create a hazard in the event traffic might approach 

from the opposite direction; 

(2) When the view is obstructed upon approaching within one hundred feet of any bridge, 

viaduct, or tunnel; 

(3) When approaching within one hundred feet of or traversing any intersection or railroad grade 

crossing. 

(B) This section does not apply to vehicles or trackless trolleys upon a one-way roadway, upon a 

roadway where traffic is lawfully directed to be driven to the left side, or under the conditions 

described in division (A)(2) of section 4511.25 of the Revised Code. 

(C) Except as otherwise provided in this division, whoever violates this section is guilty of a 

minor misdemeanor. If, within one year of the offense, the offender previously has been 

convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates 

this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the 

offender previously has been convicted of two or more predicate motor vehicle or traffic 

offenses, whoever violates this section is guilty of a misdemeanor of the third degree. 

If the offender commits the offense while distracted and the distracting activity is a contributing 

factor to the commission of the offense, the offender is subject to the additional fine established 

under section 4511.991 of the Revised Code. 

Ohio Rev. Code Ann. § 4511.30 (West 2021) 

*§ 4511.61 Stop signs at grade crossings 

(A) As used in this section, “active grade crossing warning device” means signs, signals, gates, 

or other protective devices erected or installed at a public highway-railway crossing at common 

grade and activated by an electrical circuit. 

(B) The department of transportation and local authorities in their respective jurisdictions, with 

the approval of the department, may designate dangerous highway crossings over railroad tracks 

whether on state, county, or township highways or on streets or ways within municipal 

corporations, and erect stop signs thereat. 

(C)(1) The department and local authorities shall erect stop signs at a railroad highway grade 

crossing in either of the following circumstances: 
526 

(a) New warning devices that are not active grade crossing warning devices are being installed at 

the grade crossing, and railroad crossbucks were the only warning devices at the grade crossing 

prior to the installation of the new warning devices. 

(b) The grade crossing is constructed after July 1, 2013, and only warning devices that are not 

active grade crossing warning devices are installed at the grade crossing. 

(2) Division (C)(1) of this section does not apply to a railroad highway grade crossing that the 

director of transportation has exempted from that division because of traffic flow or other 

considerations or factors. 

(D) When stop signs are erected pursuant to division (B) or (C) of this section, the operator of 

any vehicle, streetcar, or trackless trolley shall stop within fifty, but not less than fifteen, feet 

from the nearest rail of the railroad tracks and shall exercise due care before proceeding across 

such grade crossing. 

(E) Except as otherwise provided in this division, whoever violates division (D) of this section is 

guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has 

been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever 

violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the 

offense, the offender previously has been convicted of two or more predicate motor vehicle or 

traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. 

If the offender commits the offense while distracted and the distracting activity is a contributing 

factor to the commission of the offense, the offender is subject to the additional fine established 

under section 4511.991 of the Revised Code. 

Ohio Rev. Code Ann. § 4511.61 (West 2021) 

§ 4511.62 Driving across railroad grade crossings 

(A)(1) Whenever any person driving a vehicle or trackless trolley approaches a railroad grade 

crossing, the person shall stop within fifty feet, but not less than fifteen feet from the nearest rail 

of the railroad if any of the following circumstances exist at the crossing: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a train. 

(b) A crossing gate is lowered. 

(c) A flagperson gives or continues to give a signal of the approach or passage of a train. 

(d) There is insufficient space on the other side of the railroad grade crossing to accommodate 

the vehicle or trackless trolley the person is operating without obstructing the passage of other 

vehicles, trackless trolleys, pedestrians, or railroad trains, notwithstanding any traffic control 

signal indication to proceed. 

(e) An approaching train is emitting an audible signal or is plainly visible and is in hazardous 

proximity to the crossing. 

(f) There is insufficient undercarriage clearance to safely negotiate the crossing. 

(2) A person who is driving a vehicle or trackless trolley and who approaches a railroad grade 

crossing shall not proceed as long as any of the circumstances described in divisions (A)(1)(a) to 

(f) of this section exist at the crossing. 

(B) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed unless the person 

is signaled by a law enforcement officer or flagperson that it is permissible to do so. 

(C) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 

Ohio Rev. Code Ann. § 4511.62 (West 2021) 
527 

*§ 4511.68 Parking prohibitions 

(A) No person shall stand or park a trackless trolley or vehicle, except when necessary to avoid 

conflict with other traffic or to comply with sections 4511.01 to 4511.78, 4511.99, and 4513.01 

to 4513.37 of the Revised Code, or while obeying the directions of a police officer or a traffic 

control device, in any of the following places: 

(1) On a sidewalk, except as provided in division (B) of this section; 

(2) In front of a public or private driveway; 

(3) Within an intersection; 

(4) Within ten feet of a fire hydrant; 

(5) On a crosswalk; 

(6) Within twenty feet of a crosswalk at an intersection; 

(7) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign, or traffic 

control device; 

(8) Between a safety zone and the adjacent curb or within thirty feet of points on the curb 

immediately opposite the ends of a safety zone, unless a different length is indicated by a traffic 

control device; 

(9) Within fifty feet of the nearest rail of a railroad crossing; (10) Within twenty feet of a 

driveway entrance to any fire station and, on the side of the street opposite the entrance to any 

fire station, within seventy-five feet of the entrance when it is properly posted with signs; 

(11) Alongside or opposite any street excavation or obstruction when such standing or parking 

would obstruct traffic; 

(12) Alongside any vehicle stopped or parked at the edge or curb of a street; 

(13) Upon any bridge or elevated structure upon a highway, or within a highway tunnel; 

(14) At any place where signs prohibit stopping; 

(15) Within one foot of another parked vehicle; 

(16) On the roadway portion of a freeway, expressway, or thruway. 

(B) A person is permitted, without charge or restriction, to stand or park on a sidewalk a motordriven cycle or motor scooter that has an engine not larger than one hundred fifty cubic 

centimeters, a low-speed micromobility device, or a bicycle or electric bicycle, provided that the 

motor-driven cycle, motor scooter, low-speed micromobility device, bicycle, or electric bicycle 

does not impede the normal flow of pedestrian traffic. This division does not authorize any 

person to operate a vehicle in violation of section 4511.711 of the Revised Code. 

(C) Except as otherwise provided in this division, whoever violates division (A) of this section is 

guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has 

been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever 

violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the 

offense, the offender previously has been convicted of two or more predicate motor vehicle or 

traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. 

Ohio Rev. Code Ann. § 4511.68 (West 2021) 

§ 4511.99 Penalties not otherwise specified 

Whoever violates any provision of sections 4511.01 to 4511.76 of the Revised Code for which 

no penalty otherwise is provided in the section violated is guilty of one of the following: 

(A) Except as otherwise provided in division 
528 

(B) or (C) of this section, a minor misdemeanor; (B) If, within one year of the offense, the 

offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or 

traffic offense, a misdemeanor of the fourth degree; 

(C) If, within one year of the offense, the offender previously has been convicted of or pleaded 

guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third 

degree.. [sic] 

Ohio Rev. Code Ann. § 4511.99 (West 2021) 

*§ 4511.712 Obstructing intersection, crosswalk, grade crossing 

(A) No driver shall enter an intersection or marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or grade 

crossing to accommodate the vehicle, streetcar, or trackless trolley the driver is operating without 

obstructing the passage of other vehicles, streetcars, trackless trolleys, pedestrians, or railroad 

trains, notwithstanding any traffic control signal indication to proceed. (B) Except as otherwise 

provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, 

within one year of the offense, the offender previously has been convicted of or pleaded guilty to 

one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a 

misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has 

been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this 

section is guilty of a misdemeanor of the third degree. 

If the offender commits the offense while distracted and the distracting activity is a contributing 

factor to the commission of the offense, the offender is subject to the additional fine established 

under section 4511.991 of the Revised Code. 

Ohio Rev. Code Ann. § 4511.712 (West 2021) 

Oklahoma (4) 

§ 11-306. Further limitations on driving to left of center of roadway 

(a) No vehicle shall be driven on the left side of the roadway under the following conditions: 

2. When approaching within one hundred (100) feet of or traversing any intersection or railroad 

grade crossing unless otherwise indicated by official traffic-control devices; 

Okla. Stat. Ann. tit. 47, § 11-306 (West 2021) Excerpt from applicable statute published. 

§ 11-701. Obedience to signal indicating approach of train 

A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but 

not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he 

can do so safely. The foregoing requirements shall apply when: 

1. A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the 

approach or passage of a railroad train; 

3. A railroad train approaching within approximately one thousand five (1,500) hundred feet of 

the highway crossing emits a signal audible from such distance and such railroad train, by reason 

of its speed or nearness to such crossing, is an immediate hazard; 
529 

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing; 

or 

5. The tracks at the crossing are not clear. 

B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed or fail to obey 

the directions of a law enforcement officer at the crossing. 

C. The operator of any Class A, B, or C commercial vehicle not required to stop at all railroad 

crossings, as prescribed in Section 11-702 of this title, shall slow down and check that the tracks 

are clear of an approaching train. 

Okla. Stat. Ann. tit. 47, § 11-701 (West 2021) 

*§ 11-801. Basic rule--Maximum and minimum limits--Fines and penalties 

A. Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed 

not greater than nor less than is reasonable and proper, having due regard to the traffic, surface 

and width of the highway and any other conditions then existing. No person shall drive any 

vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within 

the assured clear distance ahead. 

B. Except when a special hazard exists that requires lower speed for compliance with subsection 

A of this section, the limits specified by law or established as hereinafter authorized shall be 

maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of 

the following maximum limits: 

1. On a highway or part of a highway, unless otherwise established in law, a speed established by 

the Department of Transportation on the basis of engineering and traffic investigations used to 

determine the speed that is reasonable and safe under the conditions found to exist on the 

highway or part of the highway; 

2. For a school bus, fifty-five (55) miles per hour on paved two-lane roads except on the state 

highway system, the interstate highway system and the turnpike system where the maximum 

shall be sixty-five (65) miles per hour; 

3. On any highway outside of a municipality in a properly marked school zone, twenty-five (25) 

miles per hour, provided the zone is marked with appropriate warning signs placed in accordance 

with the latest edition of the Manual on Uniform Traffic Control Devices. The Department of 

Transportation may determine on the basis of an engineering and traffic investigation that a 

speed limit higher than twenty-five (25) miles per hour may be reasonable and safe under 

conditions as they exist upon a highway, and post an alternative school zone speed limit. The 

Department shall mark such school zones, or entrances and exits onto highways by buses or 

students, so that the maximum speed provided by this section shall be established therein. Exits 

and entrances to controlled-access highways which are within such school zones shall be marked 

in the same manner as other highways. The county commissioners shall mark such school zones 

along the county roads so that the maximum speed provided by this section shall be established 

therein. The signs may be either permanent or temporary. The Department shall give priority 

over all other signing projects to the foregoing duty to mark school zones. The Department shall 

also provide other safety devices for school zones which are needed in the opinion of the 

Department; 

4. Twenty-five (25) miles per hour or a posted alternative school zone speed limit through state 

schools located on the state-owned land adjoining or outside the limits of a corporate city or 

town where a state educational institution is established; 
530 

5. Thirty-five (35) miles per hour on a highway in any state park or wildlife refuge. Provided, 

however, that the provisions of this paragraph shall not include the State Capitol park area, and 

no person shall drive any vehicle at a rate of speed in excess of fifty-five (55) miles per hour on 

any state or federal designated highway within such areas; and 

6. For any vehicle or combination of vehicles with solid rubber or metal tires, ten (10) miles per 

hour. 

The maximum speed limits set forth in this section may be altered as authorized in Sections 11-

802 and 11-803 of this title. 

C. The Commission is hereby authorized to prescribe maximum and minimum speeds for all 

vehicles and any combinations of vehicles using controlled-access highways. Such regulations 

shall become effective after signs have been posted on these highways giving notice thereof. 

Such regulations may apply to an entirely controlled-access highway or to selected sections 

thereof as may be designated by the Commission. A speed limit of seventy-five (75) miles per 

hour may be set in locations comprising rural segments of the interstate highway system by the 

Commission; provided, however, that speed is determined to be safe and reasonable after a 

traffic or engineering study has been completed by the Department. It shall be a violation of this 

section to drive any vehicle at a faster rate of speed than such prescribed maximum or at a slower 

rate of speed than such prescribed minimum. However, all vehicles shall at all times conform to 

the limits set forth in subsection A of this section. 

Copies of such regulations certified as in effect on any particular date by the Secretary of the 

Commission shall be accepted as evidence in any court in this state. Whenever changes have 

been made in speed zones, copies of such regulations shall be filed with the Commissioner of 

Public Safety. 

D. The Oklahoma Turnpike Authority is hereby authorized to prescribe maximum and minimum 

speeds for trucks, buses and automobiles using turnpikes; provided, however, a speed limit of 

eighty (80) miles per hour may be set in locations comprising the turnpike system, as may be 

approved by the Authority. The regulation pertaining to automobiles shall apply to all vehicles 

not commonly classified as either trucks or buses. Such regulations shall become effective only 

after approval by the Commissioner of Public Safety, and after signs have been posted on the 

turnpike giving notice thereof. Such regulations may apply to an entire turnpike project or to 

selected sections thereof as may be designated by the Oklahoma Turnpike Authority. It shall be a 

violation of this section to drive a vehicle at a faster rate of speed than such prescribed maximum 

speed or at a slower rate of speed than such prescribed minimum speed. However, all vehicles 

shall at all times conform to the requirements of subsection A of this section. 

Copies of such regulations, certified as in effect on any particular date by the Secretary of the 

Oklahoma Turnpike Authority, shall be accepted in evidence in any court in this state. 

E. The driver of every vehicle shall, consistent with the requirements of subsection A of this 

section, drive at an appropriate reduced speed when approaching and crossing an intersection or 

railway grade crossing, when approaching and going around a curve, when approaching a 

hillcrest, when driving upon any narrow or winding roadway, and when special hazard exists 

with respect to pedestrians or other traffic, or by reason of weather or highway conditions. The 

Oklahoma Department of Transportation and the Oklahoma Turnpike Authority may post, by 

changeable message sign or other appropriate sign, a temporary reduced speed limit for 

maintenance operations or when special hazards with respect to pedestrians, other traffic, an 

accident, by reason of weather or when other hazardous highway conditions exist. 

Okla. Stat. Ann. tit. 47, § 11-801 (West 2021) Excerpt from applicable statute published. 
531 

§ 11-1003. Stopping, standing or parking prohibited in specified places 

A. Except as otherwise provided in subsection B of this section, no person shall stop, stand or 

park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with 

law or the directions of a police officer or traffic-control device, in any of the following places: 

9. Within fifty (50) feet of the nearest rail of a railroad crossing; 

Okla. Stat. Ann. tit. 47, § 11-1003 (West 2021) Excerpt from applicable statute published. 

Oregon (3) 

§ 811.305. Driving on left on curve, at intersection or rail crossing; exceptions; penalties 

(1) A person commits the offense of driving on the left on a curve or grade or at an intersection 

or rail crossing if the person is operating a vehicle upon any two-way roadway where traffic is 

permitted to move in both directions simultaneously and the person drives on the left side of the 

center of the roadway: 

(a) Upon any part of a grade or upon a curve in the roadway where the driver's view is obstructed 

for such a distance as to create a hazard in the event another vehicle might approach from the 

opposite direction; 

(b) When approaching an intersection or railroad grade crossing where the driver's view is 

obstructed for such a distance as to create a hazard in the event another vehicle might approach 

from the opposite direction; or 

(c) At any intersection or railroad grade crossing. 

(2) This section does not prohibit a person from driving on the left side of the center of a 

roadway under the following circumstances: 

(a) When the right half of the roadway is obstructed or closed to traffic while under construction 

or repair; or 

(b) When a driver makes a lawful left turn. 

(3) The offense described in this section, driving on the left on a curve or grade or at an 

intersection or rail crossing, is a Class B traffic violation. 

Or. Rev. Stat. Ann. § 811.305 (West 2021) 

*§ 811.455. Failure to stop for railroad signal; penalties 

(1) A person commits the offense of failure to stop for a railroad signal if the person fails to 

comply with any of the following requirements: 

(a) A person who is driving a vehicle must stop the vehicle at a clearly marked stop line on the 

near side of a railroad crossing or, if there is no clearly marked stop line, not less than 15 feet nor 

more than 50 feet from the nearest rail of the crossing under any of the following circumstances: 

(A) When a clearly visible electric or mechanical signal is given by a device that warns of the 

immediate approach of a railroad train or other on-track equipment. 

(B) Upon the lowering of a crossing gate. 

(C) When a signal given by a flagger or police officer indicates the approach or passage of a 

railroad train or other on-track equipment. 

(D) When an approaching train or other on-track equipment is clearly visible and because of its 

nearness to the crossing is an immediate hazard. 

(E) When an audible signal is given by an approaching railroad train or other on-track equipment 

because its speed or nearness to the crossing is an immediate hazard. 
532 

(b) A driver who has stopped for the passing of a train or other on-track equipment at a railroad 

grade crossing in accordance with the provisions of this section may not proceed across the 

railroad tracks until the driver can do so safely. 

(c) A person may not drive any vehicle through, around or under a crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

(2) The offense described in this section, failure to stop for a railroad signal, is a Class B traffic 

violation. 

Or. Rev. Stat. Ann. § 811.455 (West 2021) 

*§ 811.475. Obstruction of rail crossings; penalties 

(1) A person commits the offense of obstructing a rail crossing if the person is operating a 

vehicle and the person does either of the following: 

(a) Drives onto any railroad or rail fixed guideway public transportation system grade crossing 

when there is not sufficient space on the other side of the railroad or rail fixed guideway public 

transportation system grade crossing to accommodate the vehicle the person is operating without 

obstructing the passage of other vehicles, pedestrians, railroad trains, other on-track equipment 

or rail fixed guideway public transportation system vehicles; or 

(b) While driving a commercial motor vehicle, fails to negotiate the rail crossing because of 

insufficient undercarriage clearance. 

(2) The offense described in this section is applicable whether or not a traffic control device 

indicates to proceed. 

(3) The offense described in this section, obstructing rail crossings, is a Class B traffic violation. 

Or. Rev. Stat. Ann. § 811.475 (West 2021) 

Pennsylvania (5) 

§ 3306. Limitations on driving on left side of roadway 

(a) General rule.--No vehicle shall be driven on the left side of the roadway under any of the 

following conditions: 

(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction. 

(2) When approaching within 100 feet of or traversing any intersection or railroad grade 

crossing, unless otherwise indicated by official traffic-control devices. 

(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or 

tunnel. 

(b) Application of section.--This section does not apply under the conditions described in section 

3301(a)(2), (3), (4) and (5) (relating to driving on right side of roadway). 

75 Pa. Stat. and Cons. Stat. Ann. § 3306 (West 2021) 

§ 3341. Obedience to signal indicating approach of train 

(a) General rule.--Whenever any person driving a vehicle approaches a railroad grade crossing 

under any of the circumstances stated in this section, the driver of the vehicle shall stop within 50 

feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until it can 

be done safely. The foregoing requirements shall apply upon the occurrence of any of the 

following circumstances: 
533 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train. 

(2) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or 

passage of a railroad train. 

(3) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a 

signal audible from that distance and the railroad train, by reason of its speed or nearness to the 

crossing, is a hazard. 

(4) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. 

(b) Compliance with crossing gate or barrier.-- 

(1) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed. 

(2) No person shall start to drive a vehicle through, around or under a gate or barrier at the 

entrance to a railroad crossing while the gate or barrier is being opened or closed. 

(c) Penalties.--A violation of subsection (a) constitutes a summary offense punishable by a fine 

of from $50 to $200. A violation of subsection (b) constitutes a summary offense punishable by a 

fine of from $200 to $500. 

75 Pa. Stat. and Cons. Stat. Ann. § 3341 (West 2021) 

§ 3353. Prohibitions in specified places 

(a) General rule. --Except when necessary to avoid conflict with other traffic or to protect the 

safety of any person or vehicle or in compliance with law or the directions of a police officer or 

official traffic-control device, no person shall: 

(B) Standing or parking for the purpose of loading or unloading persons or property may be 

authorized by local ordinance, but the ordinance shall not authorize standing or parking on State 

designated highways except during off-peak traffic- flow hours as determined by department 

regulations. 

(viii) On any railroad tracks. 

(2) Stand or park a vehicle 

(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or trafficcontrol signal located at the site of a roadway. 

(3) Park a vehicle: 

(i) Within 50 feet of the nearest rail of a railroad crossing. 

(e) Penalty. --Any person violating any provision of this section is guilty of a summary offense 

and shall, upon conviction, be sentenced to pay a fine of not more than $ 50. 

75 Pa. Stat. and Cons. Stat. Ann. § 3353 (West 2021) Excerpt from applicable statute published. 

§ 3361. Driving vehicle at safe speed 

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the 

conditions and having regard to the actual and potential hazards then existing, nor at a speed 

greater than will permit the driver to bring his vehicle to a stop within the assured clear distance 

ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed 

when approaching and crossing an intersection or railroad grade crossing, when approaching and 

going around a curve, when approaching a hill crest, when traveling upon any narrow or winding 

roadway and when special hazards exist with respect to pedestrians or other traffic or by reason 

of weather or highway conditions. 
534 

75 Pa. Stat. and Cons. Stat. Ann. § 3361 (West 2021) 

§ 3710. Stopping at intersection or crossing to prevent obstruction 

No driver shall enter an intersection or a crosswalk or drive onto any railroad grade crossing 

unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade 

crossing to accommodate the vehicle operated without obstructing the passage of other vehicles, 

pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed. 

75 Pa. Stat. and Cons. Stat. Ann. § 3710 (West 2021) 

Rhode Island (5) 

*§ 31-14-3. Conditions requiring reduced speed 

(a) The driver of every vehicle shall, consistent with the requirements of § 31-14-1, drive at an 

appropriate, reduced speed when approaching and crossing an intersection or railroad grade 

crossing; when approaching and going around a curve; when approaching a hill crest; when 

traveling upon any narrow or winding roadway; when special hazard exists with respect to 

pedestrians or other traffic or by reason of weather or highway conditions; and in the presence of 

emergency vehicles displaying flashing lights as provided in § 31-24-31, tow trucks, transporter 

trucks, highway maintenance equipment displaying flashing lights (while performing 

maintenance operations), and roadside assistance vehicles displaying flashing amber lights while 

assisting a disabled motor vehicle. Violations of this section are subject to fines enumerated in § 

31-41.1-4. 

31 R.I. Gen. Laws Ann. § 31-14-3 (West 2021) Excerpt from applicable statute published. 

§ 31-15-7. Places where overtaking prohibited 

(a) No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(1) When approaching the crest of a grade or upon a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) When approaching within one hundred feet (100′) of or traversing any intersection or railroad 

grade crossing; 

(3) When the view is obstructed upon approaching within one hundred feet (100′) of any bridge, 

viaduct, or tunnel. 

(b) The limitations in subsection (a) of this section shall not apply upon a one-way roadway. 

(c) Violations of this section are subject to fines enumerated in § 31-41.1-4. 

31 R.I. Gen. Laws Ann. § 31-15-7 (West 2021) 

§ 31-20-1. When railroad crossing stops required of all vehicles 

Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section the driver of the vehicle shall stop within fifty feet (50′) but 

not less than fifteen feet (15′) from the nearest rail of the railroad, and shall not proceed until he 

or she can do so safely. These foregoing requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 
535 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train; 

(3) A railroad train approaching within approximately one thousand five hundred feet (1,500′) of 

the highway crossing emits a signal audible from that distance, and the railroad train, by reason 

of its speed or nearness to the crossing, is an immediate hazard; 

(4) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. 

(5) Violations of this section are subject to fines enumerated in § 31-41.1-4. 

31 R.I. Gen. Laws Ann. § 31-20-1 (West 2021) 

§ 31-20-2. Driving through railroad gate or barrier 

(a) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad grade crossing while the gate or barrier is closed or is being opened or closed. 

(b) Violations of this section are subject to fines enumerated in § 31-41.1-4. 

31 R.I. Gen. Laws Ann. § 31-20-2 (West 2021) 

§ 31-20-3. Stop signs at dangerous railroad crossings 

When the stop signs are erected, the driver of any vehicle shall stop within fifty feet (50′) but not 

less than fifteen feet (15′) from the nearest rail of the railroad and shall proceed only upon 

exercising due care. 

31 R.I. Gen. Laws Ann. § 31-20-3 (West 2021) Excerpt from applicable statute published. 

South Carolina (5) 

§ 56-5-1520. General rules as to maximum speed limits; lower speeds may be required. 

(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and 

prudent under the conditions and having regard to the actual and potential hazards then existing. 

Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or 

entering the highway in compliance with legal requirements and the duty of a person to use care. 

(F) The driver of a vehicle shall drive, consistent with the requirements of subsection (A), at an 

appropriate reduced speed when approaching and crossing an intersection or railway grade 

crossing, when approaching and going around a curve, approaching a hillcrest, when traveling 

upon any narrow bridge, narrow or winding roadway, and when special hazard exists with 

respect to pedestrians or other traffic or by reason of weather or highway conditions. 

(G) A person violating the speed limits established by this section is guilty of a misdemeanor 

and, upon conviction for a first offense, must be fined or imprisoned as follows: 

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less 

than fifteen dollars nor more than twenty-five dollars; 

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a 

fine of not less than twenty-five dollars nor more than fifty dollars; 

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted 

limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and 

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than 

seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty 

days. 

(H) A citation for violating the speed limits issued by any authorized officer must note on it the 

rate of speed for which the citation is issued. 
536 

(I) In expending the funds credited to the state general fund from fines generated under 

subsection (G), the Department of Public Safety first shall consider the need for additional 

highway patrolmen. 

S.C. Code Ann. § 56-5-1520 (2021) Excerpt from applicable statute published. 

§ 56-5-2530. Stopping, standing or parking prohibited in specified places; exceptions. 

(A) Except when necessary to avoid conflict with other traffic, or in compliance with law or the 

directions of a police officer or official traffic-control device, no person shall: 

(1) Stop, stand or park a vehicle: 

(h) On any railroad tracks. 

(k) At any place where official traffic-control devices prohibit stopping. 

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while 

actually engaged in loading or unloading property or passengers: 

(a) Within fifty feet of the nearest rail of a railroad crossing. 

(B) No person shall move a vehicle not lawfully under his control into any such prohibited area 

or away from a curb such a distance as is unlawful. 

(C) This section does not prohibit a federal postal service carrier from stopping, standing, or 

parking along a rural roadway for frequent short intervals during delivery of mail, parcels, or 

packages. As used in this section, “rural” means an area outside the incorporated areas of the 

county. 

S.C. Code Ann. § 56-5-2530 (2021) Excerpt from applicable statute published. 

§ 56-5-2710. Obedience to signal indicating approach of train. 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section the driver of the vehicle shall stop within fifty feet, but not 

less than fifteen feet, from the nearest rail of the railroad and shall not proceed until he can do so 

safely. The foregoing requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train. 

(2) A crossing gate is lowered or when a flagman gives or continues to give a signal of the 

approach or passage of a railroad train. 

(3) A railroad train approaching within approximately one thousand, five hundred feet of the 

highway crossing emits a signal audible from such distance and the train, by reason of its speed 

or nearness to the crossing, is an immediate hazard. 

(4) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. 

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

S.C. Code Ann. § 56-5-2710 (2021) 

§ 56-5-2715. Stop required at designated railroad grade crossings. 

The Department of Transportation, and local authorities with the approval of the Department of 

Transportation, may designate particularly dangerous highway grade crossings of railroads and 

erect stop signs thereat. When such signs are erected, the driver of any vehicle shall stop within 

fifty feet, but not less than fifteen feet, from the nearest rail of the railroad and shall proceed only 

upon exercising due care 
537 

S.C. Code Ann. § 56-5-2715 (2021) 

§ 56-5-2735. Obstructing intersection or grade crossing; passing near grade crossing; 

traffic lines when stopped at railroad crossing; vehicles in tow. 

(A) Notwithstanding the indication of a traffic signal to proceed, no driver shall enter an 

intersection or a marked crosswalk or drive onto a railroad grade crossing unless there is 

sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to 

accommodate the vehicle the driver is operating without obstructing the passage of other 

vehicles, pedestrians, or railroad trains. 

(B) No vehicle shall be driven on the left side of the roadway while attempting to pass another 

vehicle within one hundred feet of a railroad grade crossing. 

(C) When stopping as required at a railroad crossing, the driver shall keep as far to the right of 

the highway as possible and shall not form two lanes of traffic unless the roadway is marked for 

two or more lanes of traffic on the driver's side of the center line of the highway. 

(D) A vehicle may not be driven or towed through or over a railroad grade crossing until its 

driver has determined that the vehicle has sufficient under carriage clearance to negotiate the 

railroad grade crossing. 

S.C. Code Ann. § 56-5-2735 (2021) 

South Dakota (7) 

§ 32-25-13. Speed limit at obstructed railway crossings--Violation as misdemeanor 

When approaching within fifty feet of a grade crossing of any railway when the driver's view is 

obstructed, the maximum speed shall be fifteen miles per hour. A driver's view is obstructed if at 

any time during the last two hundred feet of his approach to such crossing he does not have a 

clear and uninterrupted view of any traffic on such railway for a distance of four hundred feet in 

each direction. A violation of this section is a Class 2 misdemeanor. 

S.D. Codified Laws § 32-25-13 (2021) 

§ 32-26-2. Intersections and grade crossings--Use of right half of highway--Obstructions--

Violation as misdemeanor 

In crossing an intersection of highways or the intersection of a highway by a railroad right-ofway, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the 

highway unless such right half is obstructed or impassable. A violation of this section is a Class 2 

misdemeanor. 

S.D. Codified Laws § 32-26-2 (2021) 

§ 32-26-36. Driving to left on approach to intersection, grade crossing, bridge, or tunnel--

Violation as misdemeanor 

No vehicle may be driven on the left side of the roadway when approaching within one hundred 

feet of or traversing any intersection or railroad grade crossing or when the view is obstructed 

upon approaching within one hundred feet of any bridge, viaduct, or tunnel. A violation of this 

section is a Class 2 misdemeanor. 

S.D. Codified Laws § 32-26-36 (2021) 
538 

§ 32-29-4. Stop required at railroad grade crossing when warning given--Violation as 

misdemeanor 

If any person driving a vehicle approaches a railroad grade crossing and a law enforcement 

officer or a clearly visible or audible signal gives warning of the immediate approach of a 

railway train or car or other on-track equipment, the driver shall bring the vehicle to a complete 

stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and may 

not proceed until the driver can do so safely. A violation of this section is a Class 2 

misdemeanor. 

S.D. Codified Laws § 32-29-4 (2021) 

§ 32-29-7. Posting of dangerous grade crossings--Stop required of all vehicles--Violation as 

misdemeanor 

The Department of Transportation and local authorities with the approval of the Transportation 

Commission may designate particularly dangerous highway grade crossings of railroads and to 

erect stop signs thereat. If such signs are erected, the driver of any vehicle shall stop within fifty 

feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only 

upon exercising due care. A violation of this section is a Class 2 misdemeanor. 

S.D. Codified Laws § 32-29-7 (2021) 

§ 32-30-6.1. Places where stopping prohibited--Violation as petty offense 

Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic 

control device has so directed, no person may stop, stand or park a vehicle: 

(8) On any railroad tracks; 

A violation of this section is a petty offense. 

S.D. Codified Laws § 32-30-6.1 (2021) Excerpt from applicable statute published. 

§ 32-30-6.2. Places where parking prohibited--Exception for loading and unloading--

Violation as petty offense 

Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic 

control device has so directed, no person may park a vehicle, whether occupied or not, except 

temporarily for the purpose of and while actually engaged in loading or unloading merchandise 

or passengers: 

(1) Within fifty feet of the nearest rail of a railroad crossing; 

(2) At any place where official signs prohibit parking. 

A violation of this section is a petty offense. 

S.D. Codified Laws § 32-30-6.2 (2021) 

Tennessee (5) 

§ 55-8-119. Driving on left side of roadway in overtaking and passing 

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing 

another vehicle proceeding in the same direction, unless the left side is clearly visible and is free 

from oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be 

completely made without interfering with the safe operation of any vehicle approaching from the 

opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to 
539 

the right-hand side of the roadway before coming within one hundred feet (100′) of any vehicle 

approaching from the opposite direction. 

Tenn. Code Ann. § 55-8-119 (West 2021) 

§ 55-8-120. Driving on left side of roadway; prohibitions 

(a) No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(2) When approaching within one hundred feet (100′) of or traversing any intersection or railroad 

grade crossing; or 

(b) The limitations of subsection (a) shall not apply upon a one-way roadway. 

Tenn. Code Ann. § 55-8-120 (West 2021) Excerpt from applicable statute published. 

§ 55-8-145. Railroad grade crossings 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of the vehicle shall stop within fifty feet (50′) but 

not less than fifteen feet (15′) from the nearest rail of the railroad, and shall not proceed until that 

driver can do so safely. These requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment, which shall mean any self-propelled 

machinery or vehicle traveling on a railroad track; 

(2) A crossing gate is lowered or when a human flagger gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment; 

(3) A railroad train or other on-track equipment approaching within approximately one thousand 

five hundred feet (1,500′) of the highway crossing emits a signal audible from such distance and 

the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, 

is an immediate hazard; or 

(4) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to the crossing. 

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

(c) A violation of this section is a Class C misdemeanor. 

Tenn. Code Ann. § 55-8-145 (West 2021) 

§ 55-8-146. Railroad grade crossings; stop signs 

(a) The department of transportation, and local authorities, with the approval of the department, 

are authorized to designate particularly dangerous highway grade crossings of railroads and to 

erect stop signs at those locations. When stop signs are erected, the driver of any vehicle shall 

stop within fifty feet (50′) but not less than fifteen feet (15′) from the nearest rail of the railroad 

and shall proceed only upon exercising due care. 

(b) None of the provisions of §§ 55-8-145 -- 55-8-147 shall be construed as abridging or in any 

way affecting the common law right of recovery of litigants in damage suits that may be pending 

or brought against any railroad company or other common carrier. 

(c) A violation of this section is a Class C misdemeanor. 

Tenn. Code Ann. § 55-8-146 (West 2021) 
540 

§ 55-8-160. Stopping or parking; prohibitions; exceptions 

(a) No person shall stop, stand or park a vehicle outside of the limits of an incorporated 

municipality, except when necessary to avoid conflict with other traffic or in compliance with 

law or the directions of a police officer or traffic-control device, in any of the following places: 

(9) Within fifty feet (50′) of the nearest rail of a railroad crossing;

(d)(1) This section shall not apply to the driver of any vehicle that is disabled while on the paved 

or improved or main traveled portion of a road, street or highway in a manner and to an extent 

that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. 

(2) This section shall not apply to the driver of any vehicle operating as a carrier of passengers 

for hire who is authorized to operate such vehicle upon the roads, streets or highways in 

Tennessee, while taking passengers on the vehicle, or discharging passengers from that vehicle; 

provided, that the vehicle is stopped so that a clear view of the vehicle shall be obtained from a 

distance of two hundred feet (200′) in each direction, upon the roads, streets or highways.

(3) This section does not apply to a solid waste vehicle while on the paved or improved main 

traveled portion of a road, street or highway in a manner and to an extent as is necessary for the 

sole purpose of collecting municipal solid waste, as defined by § 68-211-802; provided, that the 

vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided 

further, that the vehicle is stopped so that a clear view of the stopped vehicle shall be available 

from a distance of two hundred feet (200′) in either direction upon the highway. This subdivision 

(d)(3) does not preclude any claimant from pursuing a common law claim for recovery pursuant 

to common law negligence. 

(e) A violation of this section is a Class C misdemeanor. 

Tenn. Code Ann. § 55-8-160 (West 2021) Excerpt from applicable statute published. 

Texas (4) 

§ 545.056. Driving to Left of Center of Roadway: Limitations Other Than Passing 

(a) An operator may not drive to the left side of the roadway if the operator is: 

(1) approaching within 100 feet of an intersection or railroad grade crossing in a municipality; 

(2) approaching within 100 feet of an intersection or railroad grade crossing outside a 

municipality and the intersection or crossing is shown by a sign or marking in accordance with 

Section 545.055; 

(3) approaching within 100 feet of a bridge, viaduct, or tunnel; or 

(4) awaiting access to a ferry operated by the Texas Transportation Commission. 

(b) The limitations in Subsection (a) do not apply: 

(1) on a one-way roadway; or 

(2) to an operator turning left into or from an alley or private road or driveway. 

(c) The Texas Transportation Commission shall post signs along the approach to a ferry operated 

by the commission notifying operators that passing is prohibited if there is a standing line of 

vehicles awaiting access to the ferry. 

Tex. Transp. Code Ann. § 545.056 (West 2021) 

§ 545.251. Obedience to Signal Indicating Approach of Train 

(a) An operator approaching a railroad grade crossing shall stop not closer than 15 feet or farther 

than 50 feet from the nearest rail if: 

(1) a clearly visible railroad signal warns of the approach of a railroad train; 

(2) a crossing gate is lowered, or a flagger warns of the approach or passage of a train; 
541 

(3) a railroad engine approaching within approximately 1,500 feet of the highway crossing emits 

a signal audible from that distance and the engine is an immediate hazard because of its speed or 

proximity to the crossing; 

(4) an approaching railroad train is plainly visible to the operator and is in hazardous proximity 

to the crossing; or 

(5) the operator is required to stop by: 

(A) other law; 

(B) a rule adopted under a statute; 

(C) an official traffic-control device; or 

(D) a traffic-control signal. 

(b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until 

permitted to proceed and it is safe to proceed. 

(c) An operator of a vehicle who approaches a railroad grade crossing equipped with railroad 

crossbuck signs without automatic, electric, or mechanical signal devices, crossing gates, or a 

flagger warning of the approach or passage of a train shall yield the right-of-way to a train in 

hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing 

conditions. If required for safety, the operator shall stop at a clearly marked stop line before the 

grade crossing or, if no stop line exists, not closer than 15 feet or farther than 50 feet from the 

nearest rail. 

(d) An operator commits an offense if the operator drives around, under, or through a crossing 

gate or a barrier at a railroad crossing while the gate or barrier is closed, being closed, or being 

opened. 

(e) In a prosecution under this section, proof that at the time of the offense a train was in 

hazardous proximity to the crossing and that the train was plainly visible to the operator is prima 

facie evidence that it was not safe for the operator to proceed. 

(f) An offense under this section is punishable by a fine of not less than $50 or more than $200. 

Tex. Transp. Code Ann. § 545.251 (West 2021) 

§ 545.302. Stopping, Standing, or Parking Prohibited in Certain Places 

(c) An operator may not, except temporarily to load or unload merchandise or passengers, park 

an occupied or unoccupied vehicle: 

(1) within 50 feet of the nearest rail of a railroad crossing; 

Tex. Transp. Code § 545.302 (West 2021) Excerpt from applicable statute published. 

§ 545.351. Maximum Speed Requirement 

(a) An operator may not drive at a speed greater than is reasonable and prudent under the 

circumstances then existing. 

(b) An operator: 

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions 

and having regard for actual and potential hazards then existing; and 

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or 

vehicle that is on or entering the highway in compliance with law and the duty of each person to 

use due care. 

(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced 

speed if: 

(1) the operator is approaching and crossing an intersection or railroad grade crossing; 
542 

(2) the operator is approaching and going around a curve; 

(3) the operator is approaching a hill crest; 

(4) the operator is traveling on a narrow or winding roadway; and 

(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway 

conditions. 

Tex. Transp. Code Ann. § 545.351 (West 2021) 

Utah (5) 

*§ 41-6a-601. Speed regulations--Safe and appropriate speeds at certain locations--Prima 

facie speed limits--Emergency power of the governor 

(1) A person may not operate a vehicle at a speed greater than is reasonable and prudent under 

the existing conditions, giving regard to the actual and potential hazards then existing, including 

when: 

(a) approaching and crossing an intersection or railroad grade crossing; 

(b) approaching and going around a curve; 

(c) approaching a hill crest; 

(d) traveling upon any narrow or winding roadway; 

(e) traveling in, through, or approaching other hazards that exist due to pedestrians, other traffic, 

weather, or highway conditions; and 

(f) the speed causes the person to fail to maintain control of the vehicle or stay within a single 

lane of travel. 

(2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the following 

speeds are lawful: 

(a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303; 

(b) 25 miles per hour in any urban district; and 

(c) 55 miles per hour in other locations. 

(3) Except as provided in Section 41-6a-604, any speed in excess of the limits provided in this 

section or established under Sections 41-6a-602 and 41-6a-603 is prima facie evidence that the 

speed is not reasonable or prudent and that it is unlawful. 

(4) A violation of Subsection (1) is an infraction. 

(5) The governor by proclamation in time of war or emergency may change the speed limits on 

the highways of the state. 

Utah Code Ann. § 41-6a-601 (West 2021) 

§ 41-6a-707. Limitations on driving on left side of road--Exceptions 

(1) A person may not operate a vehicle on the left side of the roadway: 

(a) when approaching or on a crest of a grade or a curve on the highway where the person's view 

is obstructed within a distance which creates a hazard if another vehicle approached from the 

opposite direction; 

(b) when approaching within 100 feet of or traversing any intersection or railroad grade crossing 

unless otherwise indicated by a traffic-control device or a peace officer; 

Utah Code Ann. § 41-6a-707 (West 2021) Excerpt from applicable statute published. 

§ 41-6a-802. Turning around--Where prohibited--Visibility 
543 

(1) As used in this section, “railroad grade crossing” means the area between the passive or 

active warning signs where a railroad track and roadway intersect. 

(2) The operator of a vehicle may not make a U-turn or turn the vehicle to proceed in the 

opposite direction: 

(c) on a railroad track or railroad grade crossing. 

Utah Code Ann. § 41-6a-802 (West 2021) Excerpt from applicable statute published. 

*§ 41-6a-1203. Railroad grade crossing--Duty to stop--Malfunctions and school buses--

Driving through, around, or under gate or barrier prohibited 

(1) As used in this section, “active railroad grade crossing” has the same meaning as defined in 

Section 41-6a-1005. 

(2) Whenever a person operating a vehicle approaches a railroad grade crossing, the operator of 

the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad 

track and may not proceed if: 

(a) a clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a train; 

(b) a crossing gate is lowered, or when a human flagman gives or continues to give a signal of 

the approach or passage of a train; 

(c) a railroad train approaching within approximately 1,500 feet of the highway crossing emits a 

signal audible and the train by reason of its speed or nearness to the crossing is an immediate 

hazard; 

(d) an approaching train is plainly visible and is in hazardous proximity to the crossing; or 

(e) there is any other condition that makes it unsafe to proceed through the crossing. 

(3)(a) An operator of a vehicle who suspects a false activation or malfunction of a railroad grade 

crossing signal device where there is no gate or barrier may drive a vehicle through the railroad 

grade crossing after stopping if: 

(i) the operator of a vehicle has a clear line of sight of at least one mile of the railroad tracks in 

all directions; 

(ii) there is no evidence of an approaching train; 

(iii) the vehicle can cross over the tracks safely; and 

(iv) the operator of a school bus is compliant with written district policy. 

(b) As soon as is reasonably possible, the operator of a school bus shall notify the driver's 

dispatcher and the dispatcher shall notify the owner of the railroad track where the grade 

crossing signal device is located of the false activation or malfunction. 

(4)(a) A person may not drive a vehicle through, around, or under a crossing gate or barrier at a 

railroad grade crossing if the railroad grade crossing is active. 

(b) A person may not cause a non-rail vehicle, whether or not occupied, to pass through, around, 

over, or under or remain on a gate or barrier at a railroad grade crossing if the railroad grade 

crossing is active. 

(c) A person may not cause a non-rail vehicle, whether or not occupied, to pass around, through, 

over, or under or remain in a rail or fixed guideway right-of-way in a manner that would cause a 

railroad train or other rail vehicle to make contact with the non-rail vehicle. 

(5) A violation of this section is an infraction. 

Utah Code Ann. § 41-6a-1203 (West 2021) 

§ 41-6a-1707. Entering intersection, crosswalk, or railroad grade--Sufficient space required 
544 

The operator of a vehicle may not enter an intersection or a marked crosswalk or drive onto any 

railroad grade crossing unless there is sufficient space on the other side of the intersection, 

crosswalk, or railroad grade crossing to accommodate the vehicle without obstructing the 

passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic-control 

signal indication to proceed. 

Utah Code Ann. § 41-6a-1707 (West 2021) 

Vermont (3) 

*§ 1035. Limitations 

(a) A vehicle shall not be driven to the left side of the center of the roadway in overtaking and 

passing another vehicle or a vulnerable user proceeding in the same direction unless authorized 

by the provisions of this chapter and unless the left side is clearly visible and free of oncoming 

traffic and vulnerable users for a sufficient distance ahead to permit overtaking and passing to be 

completed without interfering with the operation of any vehicle or with any vulnerable user 

approaching from the opposite direction, or with the operation of any vehicle or with any 

vulnerable user overtaken. In every event, the overtaking vehicle shall return to an authorized 

lane of travel as soon as practicable and, if the passing movement involves the use of a lane 

authorized for vehicles approaching from the opposite direction, before coming within 200 feet 

of any approaching vehicle or a vulnerable user. 

(b) A vehicle shall not pass another from the rear under any of the following conditions: 

(1) when approaching or upon the crest of a grade or upon a curve in the highway where the 

driver's view is in any way obstructed; 

(2) when approaching within 100 feet of, or traversing, any intersection or railroad grade 

crossing unless otherwise indicated by official traffic control devices; or 

(3) when the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or 

tunnel. 

(c) The foregoing limitations do not apply upon a one-way roadway, or when subdivision 

1031(a)(2) of this title applies, or where a vehicle is turning left into an alley, private road, or 

driveway. 

Vt. Stat. Ann. tit. 23, § 1035 (West 2021) 

*§ 1071. Railroad grade crossings 

(a) An operator approaching a railroad grade crossing shall stop within 50 feet of, but not nearer 

than 15 feet from, the nearest rail of the railroad and may not proceed until he or she can do so 

safely when: 

(1) an electric or mechanical signal device gives warning of the immediate approach of a railroad 

train or other on-track equipment; 

(2) a crossing gate is lowered or a flagger gives a signal of the approach or passage of a railroad 

train or other on-track equipment; 

(3) a railroad train or other on-track equipment approaching within 80 rods (1,320 feet) of the 

highway crossing emits a signal audible from that distance, and the train or other on-track 

equipment, by reason of its speed or nearness, is an immediate hazard; 

(4) a railroad train or other on-track equipment is plainly visible and is in hazardous proximity to 

or is at the crossing; or 

(5) a stop sign has been erected at the crossing pursuant to section 1006 of this title. 
545 

(b) No operator shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

(c) Nothing in this section prohibits an individual from operating a motor vehicle across the 

tracks of a railroad at grade while a mechanical warning signal is in operation, provided he or she 

first brings the vehicle to a full stop and reasonably ascertains that the tracks can be crossed 

safely. 

Vt. Stat. Ann. tit. 23, § 1071 (West 2021) 

*§ 1081. Basic rule and maximum limits 

(a) No individual shall drive a vehicle on a highway at a speed greater than is reasonable and 

prudent under the conditions, having regard for the actual and potential hazards then existing. In 

every event, speed shall be controlled as necessary to avoid colliding with any individual, 

vehicle, or other object on or adjacent to the highway. 

(b) Except when there exists a special hazard that requires lower speed in accordance with 

subsection (a) of this section, the limits specified in this section or established pursuant to this 

section are maximum lawful speeds, and no individual shall drive a vehicle on a highway at a 

speed in excess of 50 miles per hour. 

(c) The maximum speed limits set forth in this section may be altered in accordance with 

sections 1003, 1004, 1007, and 1010 of this title. 

(d) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this 

section, drive at an appropriate, reduced speed when approaching and crossing an intersection or 

railway grade crossing, when approaching and going around a curve, when approaching the crest 

of a hill, when traveling upon any narrow or winding roadway, and when special hazard exists. 

Vt. Stat. Ann. tit. 23, § 1081 (West 2021) 

Virginia (4) 

§ 46.2-803. Keep to the right in crossing intersections or railroads 

Except as otherwise provided by law, when crossing an intersection of highways or the 

intersection of a highway by a railroad right-of-way, the driver of a vehicle shall drive on the 

right half of the roadway unless it is obstructed or impassable. When crossing an intersection of 

highways, however, the driver of a vehicle may overtake or pass another vehicle in the 

intersection if such intersection is designated and marked as a passing zone. 

Va. Code Ann. § 46.2-803 (West 2021) 

§ 46.2-858. Passing at a railroad grade crossing 

A person shall be guilty of reckless driving who overtakes or passes any other vehicle 

proceeding in the same direction at any railroad grade crossing or at any intersection of highways 

unless such vehicles are being operated on a highway having two or more designated lanes of 

roadway for each direction of travel or unless such intersection is designated and marked as a 

passing zone or on a designated one-way street or highway, or while pedestrians are passing or 

about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or 

law-enforcement officer. 

Va. Code Ann. § 46.2-858 (West 2021) 

§ 46.2-884. Railroad warning signals must be obeyed 
546 

No person driving a vehicle shall disobey a clearly visible or audible crossing signal which gives 

warning of the immediate approach of a train at a railroad grade crossing. 

Va. Code Ann. § 46.2-884 (West 2021) 

§ 46.2-885. When vehicles to stop at railroad grade crossings 

A. Except in cities or towns, whenever any person driving a vehicle approaches a railroad grade 

crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop 

within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not 

proceed until he can do so safely. The foregoing requirements shall apply when: 

1. A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a train; 

2. A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or 

passage of a train; 

3. A train approaching such crossing gives the signals required by § 56-414; 

4. An approaching train or any self-propelled machinery or automobile type vehicle traveling on 

a railroad track is plainly visible and is in hazardous proximity to such crossing, regardless of 

whether a clearly visible electric or mechanical signal device or flagman gives warning. 

B. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Va. Code Ann. § 46.2-885 (West 2021) 

Washington (5) 

§ 46.61.202. Stopping when traffic obstructed 

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade 

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or 

railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the 

passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic control signal 

indications to proceed. 

Wash. Rev. Code Ann. § 46.61.202 (West 2021) 

*§ 46.61.340. Approaching railroad grade crossings 

(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not 

less than fifteen feet from the nearest rail of such railroad, and shall not proceed until the 

crossing can be made safely. The foregoing requirements shall apply when: 

(a) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment; 

(b) A crossing gate is lowered or when a human flagger gives or continues to give a signal of the 

approach or passage of a railroad train or other on-track equipment; 

(c) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to such crossing. 

(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

Wash. Rev. Code Ann. § 46.61.340 (West 2021) 
547 

§ 46.61.345. All vehicles must stop at certain railroad grade crossings 

The state department of transportation and local authorities within their respective jurisdictions 

are authorized to designate particularly dangerous highway grade crossings of railroads and to 

erect stop signs at those crossings. When such stop signs are erected the driver of any vehicle 

shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and 

shall proceed only upon exercising due care. 

Wash. Rev. Code Ann. § 46.61.345 (West 2021) 

§ 46.61.400. Basic rule and maximum limits 

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and 

prudent under the conditions and having regard to the actual and potential hazards then existing. 

In every event speed shall be so controlled as may be necessary to avoid colliding with any 

person, vehicle or other conveyance on or entering the highway in compliance with legal 

requirements and the duty of all persons to use due care. 

(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this 

section, drive at an appropriate reduced speed when approaching and crossing an intersection or 

railway grade crossing, when approaching and going around a curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway, and when special hazard exists with 

respect to pedestrians or other traffic or by reason of weather or highway conditions. 

Wash. Rev. Code Ann. § 46.61.400 (West 2021) Excerpt from applicable statute published. 

§ 46.61.570. Stopping, standing, or parking prohibited in specified places -- Reserving 

portion of highway prohibited 

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the 

directions of a police officer or official traffic control device, no person shall: 

(a) Stop, stand, or park a vehicle: 

(viii) On any railroad tracks; 

(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while 

actually engaged in loading or unloading property or passengers: 

(i) Within fifty feet of the nearest rail of a railroad crossing 

Wash. Rev. Code Ann. § 46.61.570 (West 2021) Excerpt from applicable statute published. 

West Virginia (4) 

§ 17C-12-1. Obedience to signal indicating approach of train 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not 

less than fifteen feet from the nearest rail of such railroad and shall not proceed until he can do 

so safely. The foregoing requirements shall apply when: 

(1) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train; 

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of 

the approach or passage of a railroad train; 

(3) A railroad train approaching within approximately one thousand five hundred feet of the 

highway crossing emits a signal audible from such distance and such railroad train, by reason of 

its speed or nearness to such crossing, is an immediate hazard; 
548 

(4) Any approaching railroad train is plainly visible and is in hazardous proximity to such 

crossing. 

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a 

railroad crossing while such gate or barrier is closed or is being opened or closed. 

(c) Any person failing to comply with the requirements of this section is guilty of a 

misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars or imprisoned for 

not more than ten days. The commissioner shall promulgate rules to further penalize those 

convicted of violating this section by levying three points against the violator's driver's license 

record: Provided, That if the electric or mechanical signal device is malfunctioning, this 

subsection shall not apply. 

W. Va. Code Ann. § 17C-12-1 (West 2021) 

§ 17C-13-3. Stopping, standing or parking prohibited in specified places; penalty. 

(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with 

other traffic or in compliance with law or the directions of a police officer or traffic-control 

device, in any of the following places: 

(10) Within fifty feet of the nearest rail of a railroad crossing; 

(b) No person shall move a vehicle not lawfully under his or her control into any prohibited area 

or away from a curb such distance as is unlawful. 

(c) Any person violating the provisions of this section is guilty of a misdemeanor and, upon 

conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction 

within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or 

subsequent conviction, shall be fined not more than five hundred dollars. 

W. Va. Code Ann. § 17C-13-3 (West 2021) Excerpt from applicable statute published. 

*§ 17C-6-1. Speed limitations generally; penalty 

(a) No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent 

under the existing conditions and the actual and potential hazards. In every event speed shall be 

controlled as necessary to avoid colliding with any person, vehicle or other conveyance on or 

entering the highways in compliance with legal requirements and the duty of all persons to use 

due care. 

(c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this 

section, drive at an appropriate reduced speed when approaching and crossing an intersection or 

railway grade crossing, when approaching and going around a curve, when approaching a hill 

crest, when traveling upon any narrow or winding roadway and when a special hazard exists with 

respect to pedestrians or other traffic or by reason of weather or highway conditions. 

W. Va. Code Ann. § 17C-6-1 (West 2021) Excerpt from applicable statute published. 

§ 17C-7-6. Same --Further limitations on driving to left of center of roadway; penalty 

(a) No vehicle shall at any time be driven to the left side of the roadway under the following 

conditions: 

(1) When approaching the crest of a grade or upon a curve in the highway where the driver's 

view is obstructed within such distance as to create a hazard in the event another vehicle might 

approach from the opposite direction; 

(2) When approaching within one hundred feet of or traversing any intersection or railroad grade 

crossing; 
549 

(b) The foregoing limitations shall not apply upon a one-way roadway. 

(c) Any person violating the provisions of this section is guilty of a misdemeanor and, upon 

conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction 

within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or 

subsequent conviction, shall be fined not more than five hundred dollars. 

W. Va. Code Ann. § 17C-7-6 (West 2021) Excerpt from applicable statute published. 

Wisconsin (5) 

§ 346.10. When passing at a railroad crossing, intersection, bridge, viaduct or tunnel 

prohibited. 

(1) The operator of a vehicle shall not overtake and pass any other vehicle proceeding in the 

same direction when approaching within 100 feet of or traversing any railroad crossing unless 

the roadway is of sufficient width for 2 or more lines of vehicles to lawfully proceed 

simultaneously in the direction in which such vehicle is proceeding or unless permitted or 

directed by a traffic officer to pass at such crossing. 

(2) Subject to the exception stated in sub. (3), the operator of a vehicle shall not overtake and 

pass any other vehicle proceeding in the same direction when approaching within 100 feet of or 

traversing any intersection unless the roadway is marked or posted for 2 or more lines of vehicles 

moving simultaneously in the direction in which such vehicle is proceeding or unless permitted 

or directed by a traffic officer to pass at such intersection. 

(3) Outside of a business or residence district, the restrictions which sub. (2) places upon passing 

at an intersection apply only if such intersection is designated in the direction of travel by a 

traffic control signal, stop sign, yield sign or sign that warns traffic of existing or potentially 

hazardous conditions on or adjacent to the roadway. 

Wis. Stat. Ann. § 346.10 (West 2021) Excerpt from applicable statute published. 

§ 346.44. All vehicles to stop at signal indicating approach of train 

(1) The operator of a vehicle shall not drive on or across a railroad crossing under any of the 

following circumstances: 

(a) While any traffic officer or railroad employee signals to stop; 

(b) While any warning device signals to stop, except that if the operator of the vehicle after 

stopping and investigating finds that no railroad train or railroad track equipment is approaching 

the operator may proceed. 

(c) If any crossbuck sign specified under s. 192.29(5)(a) is maintained at the crossing, while any 

railroad train or railroad track equipment occupies the crossing or approaches so closely to the 

crossing as to constitute a hazard of collision. 

(2) The operator of a vehicle shall not drive through, around or under any crossing gate or barrier 

at a railroad crossing while such gate or barrier is closed or is being opened or closed. 

Wis. Stat. Ann. § 346.44 (West 2021) 

*§ 346.52. Stopping prohibited in certain specified places. 

(1) No person may stop or leave standing any vehicle, whether attended or unattended and 

whether temporarily or otherwise, in any of the following places: 

(i) Within 25 feet of the nearest rail at a railroad crossing. 

Wis. Stat. Ann. § 346.52 (West 2021) Excerpt from applicable statute published. 
550 

*§ 346.57. Speed restrictions 

(3) Conditions requiring reduced speed. The operator of every vehicle shall, consistent with the 

requirements of sub. (2), drive at an appropriate reduced speed when approaching and crossing 

an intersection or railway grade crossing, when approaching and going around a curve, when 

approaching a hillcrest, when traveling upon any narrow or winding roadway, when passing 

school children, highway construction or maintenance workers, sanitation workers, or other 

pedestrians, and when special hazard exists with regard to other traffic or by reason of weather or 

highway conditions. 

Wis. Stat. Ann. § 346.57 (West 2021) Excerpt from applicable statute published. 

§ 346.177. Railroad crossing improvement surcharge for vehicles illegally passing at 

railroad crossings 

(1) Whenever a court imposes a forfeiture under s. 346.17(2m) for a violation of s. 346.10(1), the 

court shall also impose a railroad crossing improvement surcharge under ch. 814 equal to 50 

percent of the amount of the forfeiture. 

(2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement surcharge 

shall be reduced in proportion to the suspension. 

(3) If any deposit is made for an offense to which this section applies, the person making the 

deposit shall also deposit a sufficient amount to include the railroad crossing improvement 

surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing 

improvement surcharge shall be transmitted to the secretary of administration under sub. (4). If 

the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be 

returned. 

(4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad 

crossing improvement surcharge as required under s. 59.40(2)(m). The county treasurer shall 

then pay the secretary of administration as provided in s. 59.25( 3)(f)2. The secretary of 

administration shall deposit all amounts received under this subsection in the transportation fund 

to be appropriated under s. 20.395(2)(gj). 

Wis. Stat. Ann. § 346.177 (West 2021) 

Wyoming (4) 

§ 31-5-205. Additional limitations on driving on the left; exceptions 

(a) No vehicle shall be driven on the left side of the roadway under the following conditions: 

(ii) When approaching within one hundred (100) feet of or traversing any intersection or railroad 

grade crossing unless otherwise indicated by official traffic-control devices; 

Wyo. Stat. Ann. § 31-5-205 (West 2021) Excerpt from applicable statute published. 

§ 31-5-301. Maximum speed limits. 

(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and 

prudent under the conditions and having regard to the actual and potential hazards then existing. 

Consistent with the foregoing, every person shall drive at a safe and appropriate speed when 

approaching and crossing an intersection or railroad grade crossing, when approaching and going 

around a curve, when approaching a hillcrest, when traveling upon any narrow or winding 

roadway and when special hazards exist with respect to pedestrians or other traffic or by reason 

of weather or highway conditions. 
551 

Wyo. Stat. Ann. § 31-5-301 (West 2021) Excerpt from applicable statute published. 

§31-5-504. Specific places where prohibited. 

(a) Except when necessary to avoid conflict with other traffic or in compliance with law or the 

directions of a police officer or traffic-control device, no person shall: 

(iii) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while 

actually engaged in loading or unloading property or passengers: 

(A) Within fifty (50) feet of the nearest rail of a railroad crossing; 

Wyo. Stat. Ann. § 31-5-504 (West 2021) Excerpt from applicable statute published. 

§ 31-5-510. Railroad crossings generally. 

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the 

circumstances stated in this section, the driver of the vehicle shall stop within fifty (50) feet but 

not less than fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he 

can do so safely. The foregoing requirements apply when: 

(i) A clearly visible electric or mechanical signal device gives warning of the immediate 

approach of a railroad train or other on-track equipment; 

(ii) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or 

passage of a railroad train or other on-track equipment; 

(iii) A railroad train or other on-track equipment approaching a highway crossing emits an 

audible signal in accordance with federal railroad administration requirements and the railroad 

train or other on-track equipment, by reason of its speed or nearness to the crossing, is an 

immediate hazard; 

(iv) An approaching railroad train or other on-track equipment is plainly visible and is in 

hazardous proximity to the crossing. 

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a 

railroad crossing while the gate or barrier is closed or is being opened or closed. 

Wyo. Stat. Ann. § 31-5-510 (West 2021) 
552 

Chapter 9: Trespassing 

Chapter Overview 

Generally, it is a violation of the law to 

trespass on private property without 

permission of the owner or without having 

an official reason. This chapter gives a stateby-state listing of trespassing laws as they 

pertain to railroad property and equipment. 

In the majority of states, trespassing laws 

have been placed in sections of the codes 

that address property crimes and general 

offenses. A number of states specifically 

forbid trespassing on railroad property and 

facilities. As in other chapters, the relevant 

code sections are listed.

Alabama (1) 

§ 13A-7-3. Criminal trespass in the second degree. 

(a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains 

unlawfully in a building or upon real property which is fenced or enclosed in a manner designed 

to exclude intruders. 

(b) Criminal trespass in the second degree is a Class C misdemeanor. 

Ala. Code § 13A-7-3 (2021) 

§ 13A-7-4. Criminal trespass in the third degree. 

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or 

remains unlawfully in or upon premises. 

(b) Criminal trespass in the third degree is a violation. 

Ala. Code § 13A-7-4 (2021) 

§ 37-8-91. Jumping on or off trains. 

Any person not a passenger or intended passenger, employee or agent of a railroad, or an officer 

of any city or town, or sheriff or his deputy, or such persons as may go upon the train to act as 

escort to assist some person who has taken passage, who jumps on or off any train while in 

motion, shall be guilty of a misdemeanor, and, on conviction, shall be punished by fine and 

imprisonment, either or both, at the discretion of the court, not to exceed $25.00 fine and 30 days 

in the county jail. 

Ala. Code § 37-8-91 (2021) 

Alaska (1) 

§ 11.46.330. Criminal trespass in the second degree 

(a) A person commits the crime of criminal trespass in the second degree if the person enters or 

remains unlawfully 

(1) in or upon premises; or 

(2) in a propelled vehicle. 

(b) Criminal trespass in the second degree is a class B misdemeanor. 

Alaska Stat. Ann. § 11.46.330 (West 2021) 
553 

Arizona (1) 

*§ 13-1502. Criminal trespass in the third degree; classification 

A. A person commits criminal trespass in the third degree by: 

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to 

leave by a law enforcement officer, the owner or any other person having lawful control over 

such property, or reasonable notice prohibiting entry. 

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or 

switching yards or rolling stock of a railroad company. 

B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement 

officer acting at the request of the owner of the property or any other person having lawful 

control over the property has the same legal effect as a request made by the property owner or 

other person having lawful control of the property. 

C. Criminal trespass in the third degree is a class 3 misdemeanor. 

Ariz. Rev. Stat. Ann. § 13-1502 (2021) 

Arkansas (1) 

§ 23-12-802. Illegal boarding of trains 

Any person who shall board any passenger, freight, or other railway train, whether moving or 

standing still, for any purpose and without good faith intending to become a passenger thereon 

and with no lawful business thereon and with intent to obtain a free ride on the train, however 

short the distance, without the consent of the person or persons in charge thereof shall be deemed 

guilty of a misdemeanor. Upon conviction thereof that person shall be punished by a fine of not 

less than one dollar ($1.00) nor more than ten dollars ($10.00). However, no person shall be so 

arrested except at the request of an agent or employee of the railroad company. 

Ark. Code Ann. § 23-12-802 (West 2021) 

California (3) 

§ 369i. Trespass on railroad or transit-related property 

(a) Any person who enters or remains upon the property of any railroad without the permission 

of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, 

presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if 

allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of 

any locomotive, railway car, or train is guilty of a misdemeanor. 

As used in this subdivision, “property of any railroad” means any land owned, leased, or 

possessed by a railroad upon which is placed a railroad track and the land immediately adjacent 

thereto, to the distance of 20 feet on either side of the track, which is owned, leased, or possessed 

by a railroad. 

(b) Any person who enters or remains upon any transit-related property without permission or 

whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the 

safe and efficient operation of the transit-related facility is guilty of a misdemeanor. 

As used in this subdivision, “transit-related property” means any land, facilities, or vehicles 

owned, leased, or possessed by a county transportation commission, transportation authority, or 

transit district, as defined in Section 99170 of the Public Utilities Code, that are used to provide 

public transportation by rail or passenger bus or are directly related to that use. 
554 

(c) This section does not prohibit picketing in the immediately adjacent area of the property of 

any railroad or transit-related property or any lawful activity by which the public is informed of 

the existence of an alleged labor dispute. 

Cal. Penal Code § 369i (West 2021) 

§ 554. Property subject to posting 

Any property, except that portion of such property to which the general public is accorded 

access, may be posted against trespassing and loitering in the manner provided in Section 554.1, 

and thereby become posted property subject to the provisions of this article applicable to posted 

property, if such property consists of, or is used, or is designed to be used, for any one or more of 

the following: 

(g) A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other 

railroad facility. 

Cal. Penal Code § 554 (West 2021) Excerpt from applicable statute published. 

§ 587b. Railroads; trespassing on trains; punishment 

Every person, who shall, without being thereunto authorized by the owner, lessee, person or 

corporation operating any railroad, enter into, climb upon, hold to, or in any manner attach 

himself to any locomotive, locomotive-engine tender, freight or passenger car upon such 

railroad, or any portion of any train thereon, shall be deemed guilty of a misdemeanor, and, upon 

conviction thereof shall be punished by a fine not exceeding fifty dollars ($50), or by 

imprisonment not exceeding 30 days, or by both such fine and imprisonment. 

Cal. Penal Code § 587b (West 2021) 

Colorado (1) 

§ 18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation 

A person commits a class 6 felony if, without legal authority, he has any loaded firearm or 

explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or 

carries, brings, or causes to be carried or brought any of such items into, any facility of public 

transportation, as defined in section 18-9-115(4). 

Colo. Rev. Stat. Ann. § 18-9-118 (West 2021) 

Connecticut (4) 

*§ 53a-107. Criminal trespass in the first degree: Class A misdemeanor 

(a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person 

is not licensed or privileged to do so, such person enters or remains in a building or any other 

premises after an order to leave or not to enter personally communicated to such person by the 

owner of the premises or other authorized person; or (2) such person enters or remains in a 

building or any other premises in violation of a restraining order issued pursuant to section 46b15 or a protective order issued pursuant to section 46b-16a, 46b-38c, 54-1k or 54-82r by the 

Superior Court; or (3) such person enters or remains in a building or any other premises in 

violation of a foreign order of protection, as defined in section 46b-15a, that has been issued 

against such person in a case involving the use, attempted use or threatened use of physical force 

against another person; or (4) knowing that such person is not licensed or privileged to do so, 
555 

such person enters or remains on public land after an order to leave or not to enter personally 

communicated to such person by an authorized official of the state or a municipality, as the case 

may be. 

(b) Criminal trespass in the first degree is a class A misdemeanor. 

Conn. Gen. Stat. Ann. § 53a-107 (West 2021) 

§ 53a-108. Criminal trespass in the second degree: Class B misdemeanor 

(a) A person is guilty of criminal trespass in the second degree when, knowing that such person 

is not licensed or privileged to do so, (1) such person enters or remains in a building, or (2) such 

person enters or remains on public land. 

(b) Criminal trespass in the second degree is a class B misdemeanor. 

Conn. Gen. Stat. Ann. § 53a-108 (West 2021) 

*§ 53a-109. Criminal trespass in the third degree: Class C or class B misdemeanor 

(a) A person is guilty of criminal trespass in the third degree when, knowing that such person is 

not licensed or privileged to do so: (1) Such person enters or remains in premises which are 

posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or 

are fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to 

the state and are appurtenant to any state institution; or (2) such person enters or remains in any 

premises for the purpose of hunting, trapping or fishing; or (3) such person enters or remains on 

public land which is posted in a manner prescribed by law or reasonably likely to come to the 

attention of intruders or is fenced or otherwise enclosed in a manner designed to exclude 

intruders. 

(b) Criminal trespass in the third degree is a class C misdemeanor, except that any person found 

guilty under subdivision (2) of subsection (a) of this section shall be guilty of a class B 

misdemeanor and fined not less than five hundred nor more than one thousand dollars. 

Conn. Gen. Stat. Ann. § 53a-109 (West 2021) 

§ 53a-110d. Simple trespass of railroad property: Infraction 

(a) A person is guilty of simple trespass of railroad property when, knowing that such person is 

not licensed or privileged to do so, such person enters or remains on railroad property without 

lawful authority or the consent of the railroad carrier. 

(b) Simple trespass of railroad property is an infraction. 

Conn. Gen. Stat. Ann. § 53a-110d (West 2021) 

Delaware (1) 

§ 1811. Fences and cattle guards; liability for damages; trespass with animals; walking on 

tracks; penalties 

No person other than those connected with or employed upon the railroad shall walk along the 

tracks of any such railroad, except when the same are laid along public roads or streets. 

Del. Code Ann. tit. 2, § 1811 (West 2021) Excerpt from applicable statute published. 

District of Columbia (1) 

§ 120. RAILROADS AND RAILROAD CROSSINGS 
556 

120.1 No unauthorized person shall loiter, walk, ride, drive, or otherwise trespass upon any of 

the following: 

(a) Railroad tracks; 

(b) The bridges or elevated or depressed structures carrying tracks; 

(c) Locomotives or cars operated on tracks; or 

(d) In tunnels or underpasses designed or used solely for the accommodation of tracks of any 

steam, diesel, or electric railroad company operating in the District of Columbia. 

D.C. Mun. Regs. tit. 24, § 120 (2021) 

Florida (2) 

§ 860.04. Riding or attempting to ride on a railroad train with intent to ride free 

Any person who, without permission of those having authority, with the intention of being 

transported free, rides or attempts to ride on any railroad train in this state shall be guilty of a 

misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 

Fla. Stat. Ann. § 860.04 (West 2021) 

§ 860.05. Unauthorized person interfering with railroad train, cars, or engines 

Any person, other than an employee or authorized agent of the railroad company acting within 

the line of duty, who shall knowingly or willfully detach or uncouple any train; put on, apply, or 

tamper with any brake, bell cord, or emergency valve; or otherwise interfere with any train, 

engine, car, or part thereof is guilty of a felony of the third degree, punishable as provided in s. 

775.082, s. 775.083, or s. 775.084. 

Fla. Stat. Ann. § 860.05 (West 2021) 

Georgia (3) 

§ 16-7-21. Criminal trespass 

(a) A person commits the offense of criminal trespass when he or she intentionally damages any 

property of another without consent of that other person and the damage thereto is $500.00 or 

less or knowingly and maliciously interferes with the possession or use of the property of another 

person without consent of that person. 

(b) A person commits the offense of criminal trespass when he or she knowingly and without 

authority: 

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad 

car, aircraft, or watercraft of another person for an unlawful purpose; 

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad 

car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the 

owner, rightful occupant, or, upon proper identification, an authorized representative of the 

owner or rightful occupant that such entry is forbidden; or 

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, 

aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, 

or, upon proper identification, an authorized representative of the owner or rightful occupant to 

depart. 

(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to 

enter given by a minor who is or is not present on or in the property of the minor's parent or 

guardian is not sufficient to allow lawful entry of another person upon the land, premises, 
557 

vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent 

or guardian if such parent or guardian has previously given notice that such entry is forbidden or 

notice to depart. 

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor. 

(e) A person commits the offense of criminal trespass when he or she intentionally defaces, 

mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons 

who served in the military service of this state, the United States of America or any of the states 

thereof, or the Confederate States of America or any of the states thereof, or a monument, 

plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of 

any past or present military personnel of this state, the United States of America or any of the 

states thereof, or the Confederate States of America or any of the states thereof if such grave 

marker, monument, memorial, plaque, or marker is privately owned or located on land which is 

privately owned. 

Ga. Code Ann. § 16-7-21 (West 2021) 

§ 46-8-381. Tramps 

Any person who rides or attempts to ride on a railroad train of any character and conceals 

himself from the conductor or train authorities by hiding under the train, or on top of the train, or 

in box cars, on tenders, or elsewhere, for the purpose of avoiding the payment of fare or of 

stealing a ride thereon, shall be guilty of a misdemeanor. 

Ga. Code Ann. § 46-8-381 (West 2021) 

§ 46-8-380. Intruding upon railroad tracks 

Any person intruding unlawfully upon the constructed track of a railroad company, contrary to 

the will of the company, shall be guilty of a misdemeanor. 

Ga. Code Ann. § 46-8-380 (West 2021) 

Hawaii (1) 

*§ 708-814. Criminal trespass in the second degree 

(1) A person commits the offense of criminal trespass in the second degree if: 

(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a 

manner designed to exclude intruders or are fenced; 

(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable 

warning or request to leave by the owner or lessee of the commercial premises, the owner's or 

lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any 

conduct or activity subject to regulation by the National Labor Relations Act. 

For the purposes of this paragraph, “reasonable warning or request” means a warning or request 

communicated in writing at any time within a one-year period inclusive of the date the incident 

occurred, which may be evidenced by a copy of the previously issued written warning or request, 

whether or not the copy is posted at the premises or retained by the county police department, 

and which may contain but is not limited to the following information: 

(i) A warning statement advising the person that the person's presence is no longer desired on the 

property for a period of one year from the date of the notice, that a violation of the warning will 

subject the person to arrest and prosecution for trespassing pursuant to this subsection, and that 

criminal trespass in the second degree is a petty misdemeanor; 
558 

(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, 

including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or 

any other distinguishing characteristics of the person warned; 

(iii) The name of the person giving the warning along with the date and time the warning was 

given; and 

(iv) The signature of the person giving the warning, the signature of a witness or police officer 

who was present when the warning was given and, if possible, the signature of the violator; 

(c) The person enters or remains unlawfully on agricultural lands without the permission of the 

owner of the land, the owner's agent, or the person in lawful possession of the land, and the 

agricultural lands: 

(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders; 

(ii) Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land 

sufficient to give notice and reading as follows: “Private Property” or “Government Property - 

No Trespassing”. The sign or signs, containing letters no less than two inches in height, shall be 

placed at reasonable intervals no less than three signs to a mile along the boundary line of the 

land and at roads and trails entering the land in a manner and position as to be clearly noticeable 

from outside the boundary line; or 

(iii) At the time of entry, are fallow or have a visible presence of livestock or a crop: 

(A) Under cultivation; 

(B) In the process of being harvested; or 

(C) That has been harvested; 

(d) The person enters or remains unlawfully on unimproved or unused lands without the 

permission of the owner of the land, the owner's agent, or the person in lawful possession of the 

land, and the lands: 

(i) Are fenced, enclosed, or secured in a manner designed to exclude the general public; or 

(ii) Have a sign or signs displayed on the unenclosed, unimproved, or unused land sufficient to 

give reasonable notice and reads as follows: “Private Property -- No Trespassing”, “Government 

Property -- No Trespassing”, or a substantially similar message; provided that the sign or signs 

shall contain letters no less than two inches in height and shall be placed at reasonable intervals 

no less than three signs to a mile along the boundary line of the land and at roads and trails 

entering the land in a manner and position as to be clearly noticeable from outside the boundary 

line. 

For the purposes of this paragraph, “unimproved or unused lands” means any land upon which 

there is no improvement; construction of any structure, building, or facility; or alteration of the 

land by grading, dredging, or mining that would cause a permanent change in the land or that 

would change the basic natural condition of the land. Land remains “unimproved or unused 

land” under this paragraph notwithstanding minor improvements, including the installation or 

maintenance of utility poles, signage, and irrigation facilities or systems; minor alterations 

undertaken for the preservation or prudent management of the unimproved or unused land, 

including the installation or maintenance of fences, trails, or pathways; maintenance activities, 

including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; and the 

removal or securing of rocks or boulders undertaken to reduce risk to downslope properties; or 

(3) Criminal trespass in the second degree is a petty misdemeanor. 

Haw. Rev. Stat. Ann. § 708-814 (West 2021) Excerpt from applicable statute published. 

Idaho (2) 
559 

§ 18-4618. Stealing rides on trains--Authority of conductors and engineers to arrest 

Authority is hereby given to and conferred upon railroad conductors and engineers of railroad 

trains, to immediately arrest, without warrant or other process, any person or persons violating 

the preceding section, and deliver such persons to any peace officer: provided, that nothing in 

this section contained shall be construed to restrict the authority or duty of the regular officer 

within the state of making arrests for said offense. 

Idaho Code Ann. § 18-4618 (West 2021) 

§ 18-6012. Offenses against railroads 

Any person disturbing the peace of any traveler on any railway train, or breaking the seal or 

forcibly entering any car, or disturbing the contents of any car, or breaking any package therein, 

or breaking any package left at any depot for transportation or delivery, shall be guilty of a 

misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand 

dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or by both 

such fine and imprisonment. 

Idaho Code Ann. § 18-6012 (West 2021) 

Illinois (1) 

§ 5/18c-7503. Trespassing on railroad property; terminal security 

§ 18c-7503. Trespassing on railroad property; terminal security. 

(1) Trespassing on railroad property prohibited. 

(a) General prohibition. Except as otherwise provided in paragraph (b) of this subsection, no 

person may: 

(i) walk, ride, drive or be upon or along the right of way or rail yard of a rail carrier within the 

State, at a place other than a public crossing; 

(ii) enter or be upon any railroad property; 

(iii) without lawful authority or the railroad carrier's consent, ride on the outside of a train or 

inside a passenger car, locomotive, or freight car, including a box car, flatbed, or container; 

(iv) willfully lead or contrive any animal to go upon the railroad's rights of way for any reason 

other than to pass over such rights of way at a marked public crossing; or 

(v) throw or cause to be thrown on to the railroad's rights of way any waste paper, ashes, 

household waste, glass, metal, tires, refuse, or rubbish. 

(b) Exceptions. This subsection shall not apply to: 

(i) fare paying passengers on trains or employees of a rail carrier; 

(ii) railroad employees and an authorized representative of rail carrier employees, while 

performing required duties in accordance with reasonable rail carrier company guidelines; 

(iii) a person going upon the right of way or into the rail yard to save human life or to remove an 

object that a reasonable person would believe poses an imminent threat to human life or limb; 

(iv) a person being on the station grounds or in the depot of the rail carrier for the purpose of 

transacting business; 

(v) a person, his family, or his employees or agents going across a farm crossing, as defined in 

this Chapter, for the purpose of crossing from one part to another part of a farm he owns or 

leases, where the farm lies on both sides of the right of way; 

(vi) a person having written permission from the rail carrier to go upon the right of way or into 

the rail yard; 
560 

(vii) representatives of local, State, and federal governmental agencies in performance of their 

official duties; and 

(viii) a person having written permission from the rail carrier to go in or be upon railroad 

property. 

(2) Penalties. 

(a) Any person found in violation of item (i), (ii), (iii) or (iv) of paragraph (a) of subsection (1) 

shall be guilty of a Class C misdemeanor for a first offense. In addition to such other sanctions as 

may be deemed appropriate by the court, the person shall be subject to a mandatory fine of not 

less than $150 or more than $500, or to imprisonment for not less than 5 days nor more than 30 

days, or both. For each subsequent offense, the person shall be guilty of a Class A misdemeanor. 

In addition to such sanctions as may be deemed appropriate by the court, the person shall be 

subject to a mandatory fine of not less than $500 nor more than $1,000, or to imprisonment for 

not less than 10 days or more than one year, or both. 

(b) Any person found in violation of item (v) of paragraph (a) of subsection (1) shall be guilty of 

an offense and in addition to such sanctions as may be deemed appropriate by the court shall be 

subject to a fine of not less than $100 nor more than $500, or community service of not less than 

8 hours nor more than 50 hours, or both. If damage to any railroad property or bodily injury 

occurs to another as a result of a violation of item (v) of paragraph (a) of subsection (1), that 

person shall be charged with the offense of Malicious Removal of or Damage to Railroad 

Property or Freight pursuant to Section 18c-7502. 

(c) Local authorities shall impose fines as established in paragraphs (a) and (b) of this subsection 

(2) for persons found in violation of this Section or any similar local ordinance. 

(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal 

property, to construct and operate berms, commercially constructed electric fences, and 

monitoring equipment as security measures for reducing the economic impact of theft, enhancing 

homeland security, and improving the protection of the general public welfare. The terminal 

owner shall properly operate and maintain these security measures. Any electric fence installed 

pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded 

at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 

feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be 

covered at all times by an insurance policy maintained by the operator of the terminal for liability 

from claims arising out of the operation of the fence in an amount not less than $10,000,000 per 

occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of 

any of these security measures in accordance with this subsection is not a violation of this Subchapter. 

625 Ill. Comp. Stat. Ann. 5/18c-7503 (West 2021) Excerpt from applicable statute published. 

Indiana (2) 

*§ 8-3-15-3 Riding, driving or walking on right-of-way or yard a misdemeanor; definitions; 

exceptions 

Sec. 3. (a) A person who rides, drives, or walks on or along the right-of-way or yard of a railroad 

company at a place other than a public crossing commits a Class B misdemeanor. 

(b) “Right-of-way” means the track or roadbed owned or leased by a railroad which is located on 

either side of its tracks and which is readily recognizable to a reasonable person as being railroad 

property or is reasonably identified as such by fencing or appropriate signs. 
561 

(c) “Yard” means a system of parallel tracks, cross-overs, and switches where cars are switched 

and made up into trains, and where cars, locomotives, and other rolling stock are kept when not 

in use or awaiting repairs. 

(d) This section does not apply to: 

(1) passengers on trains or employees of a railroad company while engaged in the performance 

of their duties; 

(2) picketing by railroad employees in the vicinity of entrances to railroad company property; 

(3) an authorized representative of the railroad employees; 

(4) a person going upon the right-of-way or into the yard to save human life or to protect 

property; 

(5) a person being on the station grounds or in the depot of the railroad company as a passenger 

or for the purpose of transacting business; 

(6) a person, or the person's family or employees going upon the right-of-way for the purpose of 

crossing from one (1) part to another part of a farm the person owns or leases, where the farm 

lies on both sides of the right-of-way; 

(7) a person having written permission from the railroad company to go upon the right-of-way; 

(8) representatives of the Indiana department of transportation; 

(9) representatives of the federal Surface Transportation Board; or 

(10) a professional surveyor or a professional surveyor's employees who are on the right-of-way 

or in the yard for the purpose of making land surveys. 

Ind. Code Ann. § 8-3-15-3 (West 2021) 

§ 9-21-17-23 Railroad crossings; passing beyond gate or barrier in operation 

Sec. 23. A pedestrian may not pass through, around, over, or under a crossing gate or barrier at a 

railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed. 

Ind. Code Ann. § 9-21-17-23 (West 2021) 

Iowa (1) 

*§ 716.7. Trespass defined 

1. For purposes of this section: 

a. “Property” shall include any land, dwelling, building, conveyance, vehicle, or other temporary 

or permanent structure whether publicly or privately owned. 

b. “Public utility” is a public utility as defined in section 476.1 or an electric transmission line as 

provided in chapter 478. 

c. “Public utility property” means any land, dwelling, building, conveyance, vehicle, or other 

temporary or permanent structure owned, leased, or operated by a public utility and that is 

completely enclosed by a physical barrier of any kind. 

d. “Railway corporation” means a corporation, company, or person owning, leasing, or operating 

any railroad in whole or in part within this state. 

e. “Railway property” means all tangible real and personal property owned, leased, or operated 

by a railway corporation with the exception of any administrative building or offices of the 

railway corporation. 

f. “Reasonable expectation of privacy” means circumstances in which a reasonable person would 

believe that the person could disrobe or partially disrobe in privacy, without being concerned that 
562 

the person disrobing or partially disrobing was being viewed, photographed, or filmed when 

doing so. 

2. a. “Trespass” shall mean one or more of the following acts: 

(1) Entering upon or in property without the express permission of the owner, lessee, or person in 

lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, 

damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap 

on or in the property, including the act of taking or attempting to take a deer, other than a farm 

deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or 

in the property by a person who is outside the property. This subparagraph does not prohibit the 

unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the 

game or fur-bearing animal which comes to rest on or escapes to the property of another. 

(2) Entering or remaining upon or in property without justification after being notified or 

requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or 

person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful 

possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise 

the use or maintenance of the property. A person has been notified or requested to abstain from 

entering or remaining upon or in property within the meaning of this subparagraph (2) if any of 

the following is applicable: 

(a) The person has been notified to abstain from entering or remaining upon or in property 

personally, either orally or in writing, including by a valid court order under chapter 236. 

(b) A printed or written notice forbidding such entry has been conspicuously posted or exhibited 

at the main entrance to the property or the forbidden part of the property. 

(3) Entering upon or in property for the purpose or with the effect of unduly interfering with the 

lawful use of the property by others. 

(4) Being upon or in property and wrongfully using, removing therefrom, altering, damaging, 

harassing, or placing thereon or therein anything animate or inanimate, without the implied or 

actual permission of the owner, lessee, or person in lawful possession. 

(5) Entering or remaining upon or in railway property without lawful authority or without the 

consent of the railway corporation which owns, leases, or operates the railway property. This 

subparagraph does not apply to passage over a railroad right-of-way, other than a track, railroad 

roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not 

been notified or requested to abstain from entering onto the right-of-way or to vacate the rightof-way and the passage over the right-of-way does not interfere with the operation of the 

railroad. 

(6) Entering or remaining upon or in public utility property without lawful authority or without 

the consent of the public utility that owns, leases, or operates the public utility property. This 

subparagraph does not apply to passage over public utility right-of-way by a person if the person 

has not been notified or requested by posted signage or other means to abstain from entering onto 

the right-of-way or to vacate the right-of-way. 

(7) Intentionally viewing, photographing, or filming another person through the window or any 

other aperture of a dwelling, without legitimate purpose, while present on the real property upon 

which the dwelling is located, or while placing on or retrieving from such property equipment to 

view, photograph, or film another person, if the person being viewed, photographed, or filmed 

has a reasonable expectation of privacy, and if the person being viewed, photographed, or filmed 

does not consent or cannot consent to being viewed, photographed, or filmed. 

b. “Trespass” shall not mean either of the following:
563 

(1) Entering upon the property of another for the sole purpose of retrieving personal property 

which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property 

of another, provided that the person retrieving the property takes the most direct and accessible 

route to and from the property to be retrieved, quits the property as quickly as is possible, and 

does not unduly interfere with the lawful use of the property. This subparagraph does not apply 

to public utility property where the person has been notified or requested by posted signage or 

other means to abstain from entering. 

(2) Entering upon the right-of-way of a public road or highway. 

3. This section shall not apply to the following persons: 

a. Representatives of the state department of transportation, the federal railroad administration, 

or the national transportation safety board who enter or remain upon or in railway property while 

engaged in the performance of official duties. 

b. Employees of a railway corporation who enter or remain upon or in railway property while 

acting in the course of employment. 

c. Any person who is engaged in the operation of a lawful business on railway station grounds or 

in the railway depot. 

d. Representatives of the Iowa utilities board, the federal energy regulatory commission, or the 

federal communications commission who enter or remain upon or in public utility property while 

engaged in the performance of official duties. 

e. Employees of a public utility who enter or remain upon or in public utility property while 

acting in the course of employment. 

Iowa Code Ann. § 716.7 (West 2021) 

Kansas (1) 

§ 21-5809. Trespassing on railroad property 

(a) Trespassing on railroad property is: 

(1) Entering or remaining on railroad property, without consent of the owner or the owner's 

agent, knowing that it is railroad property; or 

(2) recklessly causing in any manner the derailment of a train, railroad car or rail-mounted work 

equipment. 

(b) Trespassing on railroad property is a: 

(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2); 

(2) severity level 8, nonperson felony if such trespassing results in a demonstrable monetary loss, 

damage or destruction of railroad property valued at more than $1,500. 

(c) Subsection (a) shall not be construed to interfere with the lawful use of a public or private 

crossing. 

(d) Nothing in this section shall be construed as limiting a representative or member of a labor 

organization which represents or is seeking to represent the employees of the railroad, from 

conducting such business as provided under the railway labor act (45 U.S.C. § 151 et seq.) and 

other federal labor laws. 

(e) As used in this section “railroad property” includes, but is not limited to, any train, 

locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, 

safety device, switch, electronic signal, microwave communication equipment, connection, 

railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated 

or possessed by a railroad company. 
564 

Kan. Stat. Ann. § 21-5809 (West 2021) 

Kentucky (1) 

§ 277.350 Criminal trespass on railroad property 

(1) It shall be unlawful for any person without the consent of the railroad: 

(a) To go upon the track, property, or right-of-way of a railroad, other than to pass over the track, 

property, or right-of-way at a public or private crossing; or 

(b) To willfully ride, drive, or lead any animal or otherwise contrive for any animal to go over 

the track, property, or right-of-way at a public or private crossing. 

(2) The provisions of this section shall not apply to any section of railroad track that has been 

legally abandoned and is not being used for railroad purposes. 

(3) Any person violating this section shall be guilty of criminal trespass in the second degree. 

Ky. Rev. Stat. Ann. § 277.350 (West 2021) 

Louisiana (1) 

*§ 63.3. Entry on or remaining in places or on land after being forbidden 

A. (1) No person shall without authority go into or upon or remain in or upon or attempt to go 

into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable 

property, which belongs to another, including public buildings and structures, ferries, and 

bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or 

in writing, including by means of any sign hereinafter described, by any owner, lessee, or 

custodian of the property or by any other authorized person. 

(2) For the purposes of Paragraph (1) of this Subsection,“sign” means either:

(a) A sign or signs posted on or in the structure, watercraft, or any other movable, or immovable 

property, including public buildings and structures, ferries and bridges, or part, portion or area 

thereof, at a place or places where such sign or signs may be reasonably expected to be seen. 

(b) The placement of identifying purple paint marks on the trees or posts on the property, 

provided that such marks are: 

(i) Vertical lines of not less than eight inches in length and not less than one inch in width. 

(ii) Placed so that the bottom of the mark is not less than three feet from the ground nor more 

than five feet from the ground. 

(iii) Placed at locations that are readily visible to any person approaching the property and no 

more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one thousand feet 

apart on land other than forest land. 

B. Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon 

conviction thereof shall be fined not more than five hundred dollars or imprisoned in the parish 

jail for not more than six months, or both. 

La. Stat. Ann. § 14:63.3 (2021) 

Maine (2) 

*§ 7007. Penalty for being on track or bridge or entering track with team or vehicle 

1. Walking or standing on track or bridge. A person may not, without right, stand or walk on a 

railroad track or railroad bridge or pass over a railroad bridge except by railroad conveyance. 

2. Entering track. A person may not, without right, enter upon a railroad track with a team or a 

vehicle however propelled or drive any team or propel a vehicle upon a railroad track. 
565 

3. Penalties. The following penalties apply to violations of this section. 

A. A person who violates subsection 1 commits a traffic infraction for which a fine of not less 

than $50 and not more than $100 may be adjudged. 

B. A person who violates subsection 1 after having previously violated subsection 1 commits a 

traffic infraction for which a fine of not less than $250 and not more than $500 may be adjudged. 

C. A person who violates subsection 1 after having previously violated subsection 1 2 times 

commits a traffic infraction for which a fine of not less than $750 and not more than $1,000 may 

be adjudged. 

C-1. A person who violates subsection 1 after having previously violated subsection 1 3 or more 

times commits a Class E crime. 

D. A person who violates subsection 2 commits a Class E crime. Violation of subsection 2 is a 

strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 

Me. Rev. Stat. Ann. tit. 23, § 7007 (2021) 

§ 7008. Posting of law 

A printed copy of section 7007 shall be kept posted in a conspicuous place in every railroad 

passenger station; for failure to post, the corporation forfeits not more than $100 for every 

offense. 

Me. Rev. Stat. Ann. tit. 23, § 7008 (2021) 

Maryland (1) 

*§ 6-503. Unauthorized access to railroad vehicle 

Riding on railroad vehicle 

(c)(1) Without the consent of the railroad carrier or other lawful authorization, a person may not 

ride on the outside or inside of a railroad vehicle, including a flatbed or container. 

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject 

to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 

Trespass on railroad property 

(d)(1) Without the consent of the railroad carrier or other lawful authorization, and except to 

cross the property at a public highway or other authorized crossing, a person may not knowingly 

enter or remain on railroad property. 

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject 

to imprisonment not exceeding 30 days or a fine not exceeding $100 or both. 

Md. Code Ann., Crim. Law § 6-503 (West 2021) Excerpt from applicable statute published. 

Massachusetts (2) 

§ 19. Railroad car; breaking and entering 

Whoever breaks and enters, or enters in the night time without breaking, a railroad car, with 

intent to commit a felony, shall be punished by imprisonment in the state prison for not more 

than ten years or by a fine of not more than five hundred dollars and imprisonment in the house 

of correction for not more than two years. 

Mass. Gen. Laws Ann. ch. 266, § 19 (West 2021) 

§ 218. Standing, walking or riding vehicle on railroad property 
566 

Whoever knowingly, without right is present, stands, walks, or rides a bicycle, snow vehicle, 

recreational or other vehicle on the right-of-way, bridge, or other property of, or used or 

controlled by any railroad corporation, except at a highway or other authorized grade crossing 

and except on rights-of-way formally abandoned pursuant to state or federal law and no longer 

owned by said railroad corporation or rights-of-way owned by said railroad corporation but 

which have been converted or leased specifically for use as a bicycle or walking path in 

accordance with state or federal laws, shall be fined $100 or shall be required to perform a total 

of 50 hours of community service which may include service in the operation lifesaver program, 

so-called. Any person violating this section may be arrested without a warrant by any police 

officer, including railroad police, and proceeded against according to law. 

Mass. Gen. Laws Ann. ch. 160, § 218 (West 2021) 

Michigan (1) 

§ 462.273. Presence without permission upon right-of-way or yard of railroad; entering or 

damaging buildings, rolling stock, or equipment of railroad; exceptions; penalties 

Sec. 273. (1) Except in the case of a right-of-way designated as a demonstration snowmobile trail 

in section 82126 of part 821 (snowmobiles) of the natural resources and environmental 

protection act, Act No. 451 of the Public Acts of 1994, being section 324.82126 of the Michigan 

Compiled Laws, a person shall not walk, ride, drive, or be upon or along the right-of-way or yard 

of a railroad company operating its lines within this state, or go upon or cross the right-of-way or 

yard at a place other than a public or private crossing, unless having first obtained written 

permission from the owner or occupant railroad, its agent or servant. 

(2) For purposes of this section, “right-of-way” means the track or roadbed owned by a railroad 

and that property owned by a railroad which is located on either side of its tracks and which is 

readily recognizable to a reasonable person as being railroad property or is reasonably identified 

as such by fencing, the existence of railroad tracks, or appropriate signs. 

(3) A person shall not be upon, enter, or damage any buildings, rolling stock, or equipment of 

any railway company operating its lines within this state. 

(4) This section shall not apply to any of the following: 

(a) Passengers on trains or employees of a railroad company while engaged in the performance 

of the duties of their employment. 

(b) An authorized representative of the railroad employees. 

(c) A person going upon the right-of-way or tracks to save human life or to protect property. 

(d) A person going or being upon or in the station grounds or depot of the railroad company as a 

passenger or for the purpose of transacting business with the railroad company. 

(e) A person, members of his or her family, or his or her employees going upon the right-of-way 

or tracks for the purpose of crossing from 1 part to another of a farm he or she may own or lease, 

where the farm lies on both sides of the right-of-way. 

(f) A person having written permission to go upon the right-of-way or tracks granted by the 

railroad company, a person using officially abandoned rights-of-way for recreational purposes, 

the Michigan public service commission, the state transportation department, the interstate 

commerce commission, or the federal railroad administration. 

(g) A registered land surveyor or his or her employees for the purpose of making land surveys. 

(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment 

for not more than 30 days, or by a fine of not more than $100.00, or both. 
567 

Mich. Comp. Laws Ann. § 462.273 (West 2021) 

Minnesota (1) 

§ 609.85. Crimes against railroad employees and property; penalty 

Subd. 6. Trespass; allowing animals on track; exception. Whoever intentionally trespasses, or 

who permits animals under the person's control to trespass on a railroad track, yard, or bridge is 

guilty of a misdemeanor. This subdivision does not apply to an elected union official's access to 

those facilities when acting in an official capacity, to an employee acting within the scope of 

employment, or to a person with written permission from the railroad company to enter upon the 

railroad facility. 

Minn. Stat. Ann. § 609.85 (West 2021) Excerpt from applicable statute published. 

Mississippi (2) 

§ 97-25-7. Riding or driving vehicle or livestock on railroad track 

Any person who shall ride, drive any vehicle, drive any cattle, horses, mules or other livestock 

along or on any railroad track open and operated for traffic, unless by permission of the owners 

of said track, or their agent, shall be guilty of a misdemeanor and be fined not less than twentyfive dollars ($25.00) nor more than two hundred fifty dollars ($250.00). The penalty hereof shall 

not be incurred by operating a street railroad or by crossing a track. 

Miss. Code. Ann. § 97-25-7 (West 2021) 

§ 97-25-15. Jumping on or off moving railroad cars 

If any person, other than passengers or employees engaged in operating the railroad, shall 

wilfully climb, jump or step upon, or in any way attach himself to, or shall jump off a 

locomotive, tender or car while in motion on a railroad track or siding, he shall, upon conviction, 

be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or be 

imprisoned in the county jail not less than five (5) days nor more than twenty-five (25) days, or 

both. 

Miss. Code. Ann. § 97-25-15 (West 2021) 

Missouri (2) 

§ 389.650. Lawful fences, gates, who may build--trespassers 

1. Every railroad corporation formed or to be formed in this state, and every corporation to be 

formed under this chapter, or any railroad corporation running or operating any railroad in this 

state, shall erect and maintain lawful fences on the side of the road where the same passes 

through, along or adjoining enclosed or cultivated fields or unenclosed lands, with openings and 

gates therein, to be hung and have latches or hooks, so that they may be easily opened and shut, 

at all necessary farm crossings of the road, for the use of the proprietors or owners of the land 

adjoining such railroad, and also to construct and maintain cattle guards, where fences are 

required, sufficient to prevent horses, cattle, mules and all other animals from getting on the 

railroad; and until fences, openings, gates and farm crossings and cattle guards as aforesaid shall 

be made and maintained, such corporation shall be liable in double the amount of all damages 

which shall be done by its agents, engines or cars to horses, cattle, mules or other animals on said 

road, or by reason of any horses, cattle, mules or other animals escaping from or coming upon 
568 

said lands, fields or enclosures, occasioned in either case by the failure to construct or maintain 

such fences or cattle guards. 

2. After such fences, gates, farm crossings and cattle guards shall be duly made and maintained, 

said corporation shall not be liable for any such damage, unless negligently or willfully done. 

3. If any corporation aforesaid shall, after three months from the time of the completion of its 

road through or along the lands, fields or enclosures herein named, fail, neglect or refuse to erect 

or maintain in good condition any fence, openings or farm crossings or cattle guards as herein 

required, then the owners or proprietors of said lands, fields or enclosures may erect or repair 

such fences, openings, gates or farm crossings or cattle guards, and shall thereupon have a right 

to sue and recover from such corporation in any court of competent jurisdiction the cost of such 

fences, openings, gates, cattle guards or repairs, together with a reasonable compensation for his 

time, trouble and labor in and about the construction of such fences, openings, gates or cattle 

guards, or the making of such repairs, together with ten percent interest per annum thereon, from 

the time of the service of process upon such corporation in such suit; provided, that before such 

repairs are commenced, such owner shall give five days' notice, in writing, to the railroad 

company, by delivering a copy thereof to the nearest section foreman or station agent of such 

railroad company, that the railroad fence needs repairs at a place or point named in the notice, on 

the lands of such owner. 

4. And in every such action, if the plaintiff recover judgment, there shall be taxed as costs against 

the defendant an attorney's fee, to be fixed by the court or associate circuit judge before which or 

whom the cause may be pending, at such sum as may be a reasonable compensation for all legal 

services rendered for plaintiff in the case, without regard to any agreement between plaintiff and 

his counsel as to fees; but such fee shall not be taxed so long as any appeal taken in such case 

shall remain undisposed of. 

5. And if any person shall ride, lead or drive any horses or other animals upon such road within 

such fences and guards other than a farm crossing, without the consent of the corporation, he 

shall, for every such offense, forfeit and pay a sum not exceeding ten dollars, and shall also pay 

all damages which shall be sustained thereby to the party injured. 

6. If any person not connected with or employed upon the railroad shall walk upon the track or 

tracks thereof, except where the same shall be laid across or along a publicly traveled road or 

street, or at any crossing, as herein provided, and shall receive harm on account thereof, such 

person shall be deemed to have committed a trespass in so walking upon said track in any action 

brought by him on account of such harm against the corporation owning such railroad, but not 

otherwise. 

Mo. Ann. Stat. § 389.650 (West 2021) 

*§ 389.653. Trespass to railroad property, penalties 

1. A person commits the offense of trespass to railroad property if such person: 

(1) Throws an object at a railroad train or rail-mounted work equipment; or 

(2) Maliciously or wantonly causes in any manner the derailment of a railroad train, railroad car 

or rail-mounted work equipment. 

2. The offense of trespass to railroad property is a class A misdemeanor unless the trespass 

results in the damage or destruction of railroad property in an amount exceeding one thousand 

five hundred dollars, results in the injury or death of any person, or the person committing the 

offense discharges a firearm or a weapon at a railroad train or rail-mounted work equipment, in 

which case it is a class E felony. 
569 

3. Nothing in this section shall be construed to interfere with either the lawful use of a public or 

private railroad crossing, or as limiting a representative of a labor organization which represents 

or is seeking to represent the employees of the railroad, from conducting such business as 

provided by the Railway Labor Act. 

4. As used in this section, “railroad property” includes, but is not limited to, any train, 

locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, 

safety device, switch, electronic signal, microwave communication equipment, connection, 

railroad track, rail, bridge, trestle, right-of-way or any other property owned, leased, operated or 

possessed by a railroad. 

Mo. Ann. Stat. § 389.653 (West 2021) 

Montana (1) 

§ 69-14-1204. Stowing away on railroad property 

(1) A person commits the offense of stowing away on railroad property if the person knowingly 

and without lawful authority or consent is on, occupies, or rides on the outside of a train or on 

the inside of a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container 

car. 

(2) A person convicted of the offense of stowing away on railroad property shall be fined an 

amount not to exceed $1,000 or be incarcerated in the county jail for a term not to exceed 6 

months, or both. 

Mont. Code Ann. § 69-14-1204 (West 2021) 

Nebraska (0) 

No applicable statute related to this topic 

Nevada (0) 

No applicable statute related to this topic 

New Hampshire (1) 

§ 381:14 Criminal Trespass on Railroad Property. 

Any person who enters or remains in a railroad station, upon the platform or grounds adjacent to 

a station, or upon any property of a railroad knowingly without license or privilege to do so, or a 

person who enters or remains upon or returns to said property in defiance of an order of a station 

agent or any police officer shall be guilty of criminal trespass as provided in RSA 635:2. 

N.H. Rev. Stat. Ann. § 381:14 (2021) 

New Jersey (2) 

*§ 39:3C-19. Unlawful acts 

It shall be unlawful for: 

f. Any person to operate a snowmobile, all-terrain vehicle, or dirt bike upon railroad or right-ofway of an operating railroad, except railroad personnel in the performance of their duties. 

N.J. Stat. Ann. § 39:3C-19 (West 2021) Excerpt from applicable statute published. 
570 

§ 48:12-152. Prohibition on entering upon the right of way of a railroad or coming into 

contact with equipment, machinery, wires, or rolling stock of railroad; restrictions on 

recovery for injury or death 

a. No person other than those connected with or employed upon the railroad 

who are acting within the scope of their employment shall enter upon the right of way of any 

railroad or come into contact with any equipment, machinery, wires or rolling stock of any 

railroad. This section shall not prohibit a passenger for hire from utilizing those parts of a 

railroad particularly intended for passenger use nor shall it prohibit a person from using a 

crossing established by the railroad. 

N.J. Stat. Ann. § 48:12-152 (West 2021) Excerpt from applicable statute published. 

New Mexico (0) 

No applicable statute related to this topic 

New York (4) 

§ 140.10 Criminal trespass in the third degree 

A person is guilty of criminal trespass in the third degree when he knowingly enters or remains 

unlawfully in a building or upon real property 

(g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad 

which has been designated and conspicuously posted as a no-trespass railroad zone. 

Criminal trespass in the third degree is a class B misdemeanor. 

N.Y. Penal Law § 140.10 (McKinney 2021) Excerpt from applicable statute published. 

§ 83. Riding on platform; walking along track 

No railroad corporation shall be liable for any injury to any passenger while on the platform of a 

car, or in any baggage, wood or freight car, in violation of the printed regulations of the 

corporation, posted up at the time in a conspicuous place inside of the passenger cars, then in the 

train, if there shall be at the time sufficient room for the proper accommodation of the passenger 

inside such passenger cars. No person other than those connected with or employed upon the 

railroad shall walk upon or along its track or tracks, except where the same shall be laid across or 

along streets or highways, in which case he shall not walk upon the track unless necessary to 

cross the same. Any person riding, leading or driving any horse or other animal upon any 

railroad, or within the fences and guards thereof, other than at a farm or street or forest crossing, 

without the consent of the corporation, shall forfeit to the people of the state the sum of ten 

dollars, and pay all damages sustained thereby to the party aggrieved. 

N.Y. R.R. Law § 83 (McKinney 2021) 

§ 83-a. Operation of motor vehicles, snowmobiles, recreational vehicles, and riding of 

animals on railroad property 

Except in the case of a railroad employee, contractor of the railroad corporation or public official 

acting in the performance of his or her duties, no person shall knowingly operate a motor vehicle, 

snowmobile, or other recreational vehicle, including all terrain vehicles and motorcycles, or ride, 

lead or drive any horse or other animal upon abandoned railroad property which is posted to 

prohibit the operation of any such vehicles or animals thereupon, or upon or along the track or 

tracks of an operating railroad or within the fences or guards thereof, except across or along 
571 

streets or highways or at farm or forest crossings where necessary to cross such tracks or 

property. A violation of the provisions of this section shall constitute a violation punishable by a 

fine of not less than one hundred dollars nor more than two hundred fifty dollars. Conviction for 

a second or subsequent violation of the provisions of this section shall be punishable by a fine of 

not less than two hundred fifty nor more than five hundred dollars. 

N.Y. R.R. Law § 83-a (McKinney 2021) 

§ 83-b. Trespass upon railroad premises 

1. Any city with a population of one million or more and the counties of Monroe, Nassau, and 

Suffolk are authorized and empowered to adopt or amend a local law or ordinance designating 

any portion or portions of property consisting of a right-of-way or yard of a railroad or rapid 

transit railroad as a no-trespass railroad zone and providing for the conspicuous posting thereof 

for purposes of establishing criminal liability for trespass upon such property pursuant to 

subdivision (g) of section 140.10 of the penal law. 

2. The provisions of sections eighty-three and eighty-three-a of this article shall not be construed 

to prohibit or limit the prosecution of any person for a violation of the provisions of subdivision 

(g) of section 140.10 of the penal law. 

N.Y. R.R. Law § 83-b (McKinney 2021) 

North Carolina (2) 

§ 14-280.1. Trespassing on railroad right-of-way 

(a) Offense.--A person commits the offense of trespassing on railroad right-of-way if the person 

enters and remains on the railroad right-of-way without the consent of the railroad company or 

the person operating the railroad or without authority granted pursuant to State or federal law. 

(b) Crossings.--Nothing in this section shall apply to a person crossing the railroad right-of-way 

at a public or private crossing. 

(c) Legally Abandoned Rights-of-Way.--This section shall not apply to any right-of-way that has 

been legally abandoned pursuant to an order of a federal or State agency having jurisdiction over 

the right-of-way and is not being used for railroad services. 

(d) Classification.--Trespassing on railroad right-of-way is a Class 3 misdemeanor. 

N.C. Gen. Stat. Ann. § 14-280.1 (West 2021) 

*§ 14-56. Breaking or entering into or breaking out of railroad cars, motor vehicles, 

trailers, aircraft, boats, or other watercraft 

(a) If any person, with intent to commit any felony or larceny therein, breaks or enters any 

railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind, containing any 

goods, wares, freight, or other thing of value, or, after having committed any felony or larceny 

therein, breaks out of any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of 

any kind containing any goods, wares, freight, or other thing of value, that person is guilty of a 

Class I felony. It is prima facie evidence that a person entered in violation of this section if he is 

found unlawfully in such a railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft. 

N.C. Gen. Stat. Ann. § 14-56 (West 2021) Excerpt from applicable statute published. 

North Dakota (1) 
572 

§ 49-10.1-12. Trespassing and stealing rides on cars, engines, and trains--Penalty 

No person shall: 

1. Enter, ride, or secure passage upon a railroad car or engine of any description other than a car 

commonly used exclusively for the carriage of passengers with intent thereby to obtain a ride 

without payment therefor or fraudulently to obtain carriage upon any such engine or car. 

2. Take passage, ride, or enter for the purpose of taking passage or riding, upon the tracks, rods, 

brakebeams, or any part of any car, locomotive engine, or tender, not ordinarily and customarily 

used or intended for the resting place of a person riding upon or operating the same, unless the 

one taking such passage is a railway employee in the performance of the employee's duty. 

Any person violating any of the provisions of this section shall be guilty of a class B 

misdemeanor. 

N.D. Cent. Code Ann. § 49-10.1-12 (West 2021) 

Ohio (3) 

*§ 2909.10 Railroad vandalism; criminal trespass on locomotive, engine, railroad car, or 

other railroad vehicle; interference with operation of train 

(A) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the 

path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a 

railroad company while such vehicle is on a railroad track. 

(B) No person, without privilege to do so, shall climb upon or into any locomotive, engine, 

railroad car, or other vehicle of a railroad company when it is on a railroad track. 

(C) No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any 

train or other vehicle of a railroad company while such vehicle is on a railroad track. 

(D) Whoever violates division (A) of this section is guilty of railroad vandalism. Whoever 

violates division (B) of this section is guilty of criminal trespass on a locomotive, engine, 

railroad car, or other railroad vehicle. Whoever violates division (C) of this section is guilty of 

interference with the operation of a train. 

Except as otherwise provided in this division, railroad vandalism; criminal trespass on a 

locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of 

a train each is a misdemeanor of the first degree. Except as otherwise provided in this division, if 

the violation of division (A), (B), or (C) of this section causes serious physical harm to property 

or creates a substantial risk of physical harm to any person, the violation is a felony of the fourth 

degree. Except as otherwise provided in this division, if the violation of division (A), (B), or (C) 

of this section causes physical harm to any person, the violation is a felony of the third degree. If 

the violation of division (A), (B), or (C) of this section causes serious physical harm to any 

person, the violation is a felony of the second degree. 

Ohio Rev. Code Ann. § 2909.10 (West 2021) 

§ 4999.01 Drawing, driving, or moving vehicle on railroad track 

No person shall draw, drive, or cause to be moved any vehicle on or between the rails or tracks 

or on or along the graded roadway of a railroad without the knowledge and consent of the owner 

or controller of such railroad, unless compelled by necessity to do so. Whoever violates this 

section is guilty of a minor misdemeanor. 

Ohio Rev. Code Ann. § 4999.01 (West 2021) 
573 

§ 4999.02 Climbing upon railroad cars 

No person shall climb, jump, step, or stand upon, or cling or attach himself to, a locomotive, 

engine, or car upon the track of a railroad, unless in compliance with law or by permission under 

the rules of the corporation managing such railroad. Whoever violates this section is guilty of a 

minor misdemeanor. 

Ohio Rev. Code Ann. § 4999.02 (West 2021) 

Oklahoma (2) 

§ 1365. Trespassing on railway trains a misdemeanor 

Any person, other than a railway employee in the discharge of his duty, who, without authority 

from the conductor of the train, rides, or attempts to ride, on top of any car, coach, engine or 

tender, on any railroad in this state, or on the drawheads between the cars, or under cars or truss 

rods or trucks, or in any freight car, or on the platform of any baggage car, express car, or mail 

car, or any train in this state, shall be guilty of a misdemeanor. 

Okla. Stat. Ann. tit. 21, § 1365 (West 2021) 

§ 1752.1. Trespass upon or interference with railroad property 

A. Any person shall be guilty of a misdemeanor if the person: 

1. Without consent of the owner or the owner's agent, enters or remains on railroad property, 

knowing that it is railroad property; 

2. Throws an object at a train, or rail-mounted work equipment; or 

3. Maliciously or wantonly causes in any manner the derailment of a train, railroad car or railmounted work equipment. 

B. Any person shall be guilty of a felony if the person commits an offense specified in subsection 

A of this section which results in a demonstrable monetary loss, damage or destruction of 

railroad property when said loss is valued at more than One Thousand Five Hundred Dollars 

($1,500.00) or results in bodily injury to a person. Any person shall be guilty of a felony if the 

person discharges a firearm or weapon at a train, or rail-mounted work equipment. 

C. Any person violating the misdemeanor provisions of this section shall be deemed guilty of a 

misdemeanor and upon conviction shall be punished by imprisonment in the county jail not 

exceeding one (1) year or by a fine not exceeding One Thousand Dollars ($1,000.00), or both 

such fine and imprisonment. Any person violating the felony provisions of this section shall be 

deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the State 

Penitentiary not exceeding four (4) years. If personal injury results, such person shall be 

punished by imprisonment in the State Penitentiary. 

D. Subsection A of this section shall not be construed to interfere with the lawful use of a public 

or private crossing. 

E. Nothing in this section shall be construed as limiting a representative of a labor organization 

which represents or is seeking to represent the employees of the railroad, from conducting such 

business as provided under the Railway Labor Act, 45 U.S.C., Section 151 et seq. 

F. As used in this section “railroad property” includes, but is not limited to, any train, 

locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, 

safety device, switch, electronic signal, microwave communication equipment, connection, 

railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated 

or possessed by a railroad. 
574 

Okla. Stat. Ann. tit. 21, § 1752.1 (West 2021) 

Oregon (0) 

No applicable statute related to this topic 

Pennsylvania (2) 

§ 3504. Railroad protection, railroad vandalism and interference with transportation 

facilities 

(a) Damage to railroad or delay of railroad operations.-- 

(1) A person commits an offense if, without lawful authority or the railroad carrier's consent, he 

causes damage to property that he knows or reasonably should have known to be railroad 

property, including the railroad right-of-way or yard, or causes a delay in railroad operations by 

an act including, but not limited to: 

(i) Knowingly, purposefully or recklessly disrupting, delaying or preventing the operation of any 

train, jitney, trolley or any other facility of transportation. 

(ii) Driving or operating a recreational vehicle or nonrecreational vehicle, including, but not 

limited to, a bicycle, motorcycle, snowmobile, all-terrain vehicle, car or truck. 

(iii) Knowingly, purposefully or recklessly damaging railroad property, railroad infrastructure or 

railroad equipment or using railroad property to access adjoining property to commit acts of 

vandalism, theft or other criminal acts. 

(2) An offense under this subsection constitutes a misdemeanor of the third degree. 

(b) Stowaways prohibited.-- 

(1) A person commits an offense if, without lawful authority or the railroad carrier's consent, he 

rides on the outside of a train or inside a passenger car, locomotive or freight car, including a box 

car, flatbed or container. 

(2) An offense under this subsection constitutes a misdemeanor of the third degree. 

(c) Definitions.--As used in this section, the following words and phrases shall have the 

meanings given to them in this subsection: 

“Railroad.” Any form of nonhighway ground transportation that runs on rails or electromagnetic 

guideways, including, but not limited to: 

(1) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area. 

(2) High-speed ground transportation systems that connect metropolitan areas, but not rapid 

transit operations in an urban area that are not connected to the general railroad system of 

transportation. 

“Railroad carrier.” A person, including, but not limited to, an owner or operator, providing 

railroad transportation. 

“Railroad carrier's consent.” Written or other affirmative communication of permission to be on 

railroad property. Consent shall not be implied. 

“Railroad property.” All tangible property owned, leased or operated by a railroad carrier, 

including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, 

depot,warehouse, terminal or any other structure, appurtenance or equipment owned, leased or 

used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, 

work equipment, rolling stock or safety device. The term does not include a railroad carrier's 

administrative building or offices, office equipment or intangible property such as computer 

software or other information. 
575 

“Right-of-way.” The track or roadbed owned, leased or operated by a railroad carrier which is 

located on either side of its tracks and which is readily recognizable to a reasonable person as 

being railroad property or is reasonably identified as such by fencing or appropriate signs. 

“Yard.” A system of parallel tracks, crossovers and switches where railroad cars are switched 

and made up into trains and where railroad cars, locomotives and other rolling stock are kept 

when not in use or when awaiting repairs. 

18 Pa. Stat. and Cons. Stat. Ann. § 3504 (West 2021) 

§ 3551. Compliance with bridge and railroad warning signals 

(a) Bridges.--No pedestrian shall enter or remain upon any bridge or approach to any bridge 

beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given. 

(b) Railroad crossings.--No pedestrian shall pass through, around, over or under any crossing 

gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being 

opened or closed. 

(c) Penalty.--A violation of this section constitutes a summary offense punishable by a fine of not 

less than $50 nor more than $150. 

75 Pa. Stat. and Cons. Stat. Ann. § 3551 (West 2021) 

Rhode Island (3) 

§ 11-36-6. Trespassing on railroad right-of-way 

Every person who without right knowingly stands or walks, or rides a bicycle or other vehicle on 

the private right-of-way of any railroad or railway operated by steam or other power, except for 

the purpose of crossing it at a highway or other authorized crossing, shall be fined not more than 

one thousand dollars ($1,000) or be imprisoned not more than one year, or both. Any person 

violating this section may be arrested without a warrant by any police officer or any special 

railroad police officer and proceeded against according to law. 

11 R.I. Gen. Laws Ann. § 11-36-6 (West 2021) 

§ 11-36-11. Unauthorized presence on locomotive or freight train 

Every person who shall without right attach himself or herself to or shall be in or upon any 

locomotive, locomotive tender, freight car, or freight train upon any railroad track shall be fined 

not more than twenty dollars ($20.00), or be imprisoned not more than ten (10) days, or both. 

Any person violating this section may be arrested without a warrant by any police officer, or any 

railroad police officer, and proceeded against according to law. 

11 R.I. Gen. Laws Ann. § 11-36-11 (West 2021) 

§ 11-44-11. Injury to boundary or line markers 

Every person who shall willfully break down, remove, injure, obscure, or destroy any monument 

erected for the purpose of designating the boundaries of any town or city or any tract or lot of 

land, or any tree marked for that purpose, or any stake set up to mark the line or grade of any 

railroad, or any marker erected for the purpose of designating a public right-of-way to water 

areas of the state, shall be imprisoned not exceeding one year or be fined not exceeding five 

hundred dollars ($500). 

11 R.I. Gen. Laws Ann. § 11-44-11 (West 2021) 
576 

South Carolina (3) 

§ 56-5-3280. Bridge and railroad signals. 

(a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge 

signal, gate or barrier after a bridge operation signal indication has been given. 

(b) No pedestrian shall pass through, around, over or under any crossing gate or barrier at a 

railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. 

S.C. Code Ann. § 56-5-3280 (2021) 

§ 58-15-850. Breaking and entering or shooting into cars. 

Whoever breaks and enters, in the night, any railroad or electric railway car or enters in the night 

without breaking, breaks and enters in the daytime or shoots with any firearm into any railroad or 

electric railway car, with intent to commit the crime of larceny or any other crime, shall, in 

addition to any other punishment prescribed by law for such offense, be punished by 

imprisonment in the State Penitentiary not exceeding ten years or by fine not exceeding five 

hundred dollars. 

S.C. Code Ann. § 58-15-850 (2021) 

§ 58-17-4096. Trespassing upon railroad tracks. 

(A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks. 

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be 

fined not more than two hundred dollars or imprisoned not more than thirty days. 

S.C. Code Ann. § 58-17-4096 (2021) 

South Dakota (2) 

*§ 22-35-5. Criminal trespass--Violation as misdemeanor 

Any person who, knowing that he or she is not privileged to do so, enters or remains in any 

building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is 

guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor. 

S.D. Codified Laws § 22-35-5 (2021) 

§ 49-16A-105. Entry upon railroad equipment while armed a felony 

No person, either individually or as a member of any mob, band, or assembly, shall enter upon, 

occupy, or appropriate any part of a railway train or of railway equipment used or useful in the 

transportation of passengers or property, or in the maintenance or operation of any road in this 

state, armed with any instrument or weapon of any kind, for the purpose of committing any 

offense, or shall ride in any other than the usual, proper, and lawful manner at the legal rate of 

fare prescribed in the tariffs of the railroad, and in the proper coaches or cabooses provided for 

the purpose. A violation of this section is a Class 5 felony. 

S.D. Codified Laws § 49-16A-105 (2021) 

Tennessee (1) 

*§ 39-14-406. Aggravated criminal trespass; penalty 

(d)(1) A person also commits aggravated criminal trespass who enters or remains on the real 

property, including the right-of-way, of a railroad: 
577 

(A) With the intent to do harm to the property or to railroad property located on the property 

(2) Aggravated criminal trespass on railroad property is a Class A misdemeanor. 

Tenn. Code Ann. § 39-14-406 (West 2021) Excerpt from applicable statute published. 

Texas (1) 

*§ 28.07. Interference with Railroad Property 

(a) In this section: 

(1) “Railroad property” means:

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, 

switch, or connection that is owned, leased, operated, or possessed by a railroad; or 

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad. 

(2) “Tamper” means to move, alter, or interfere with railroad property.

(b) A person commits an offense if the person: 

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work 

equipment; or 

(2) without the effective consent of the owner: 

(A) enters or remains on railroad property, knowing that it is railroad property; 

(B) tampers with railroad property; 

(C) places an obstruction on a railroad track or right-of-way; or 

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that 

moves on tracks. 

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily 

injury to another, in which event the offense is a felony of the third degree. 

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor. 

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor 

unless the person causes pecuniary loss of $100 or more, in which event the offense is: 

(1) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; 

(2) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; 

(3) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000; 

(4) a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less 

than $150,000; 

(5) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less 

than $300,000; or 

(6) a felony of the first degree if the amount of the pecuniary loss is $300,000 or more. 

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is 

undertaken by an employee of the railroad or by a representative of a labor organization which 

represents or is seeking to represent the employees of the railroad as long as the employee or 

representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C. 

Section 151 et seq.). 

Tex. Penal Code Ann. § 28.07 (West 2021) 

Utah (1) 

§ 56-1-18.5. Railroad property--Duty of care 

(1) A person may not ride or climb or attempt to ride or climb on, off, under, over, or across a 

railroad locomotive, car, or train. 
578 

(2) A person may not walk, ride, or travel across, along, or upon railroad yards, tracks, bridges, 

or active rights-of-way at any location other than public crossings. 

(3) A person may not intentionally obstruct or interfere with train operations or use railroad 

property for recreational purposes. 

(4)(a) Except as provided under Subsection (4)(b), an owner or operator of a railroad, including 

its officers, agents, and employees, owes no duty of care to keep railroad yards, tracks, bridges, 

or active rights-of-way safe for entry for any person violating this section. 

(b) The owner or operator of a railroad may not intentionally, willfully, or maliciously injure a 

person if the owner or operator has actual knowledge of the person's presence on the property. 

(5) This section does not apply to a railroad employee, business invitee, or other person with 

express written or oral authorization to enter upon railroad property by the owner or operator of 

the railroad. 

(6) This section does not modify any rights or duties of federal, state, county, or municipal 

officials in the performance of their duties. 

Utah Code Ann. § 56-1-18.5 (West 2021) 

Vermont (1) 

*§ 3734. Trespass on railroad property; penalty 

(a) Definitions. As used in this section: 

(1) “Passenger” means a person traveling by train with lawful authority and who does not 

participate in the train's operation. The term “passenger” does not include a stowaway.

(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or 

electromagnetic guideways. “Railroad” does not include rapid transit operations in an urban area 

that are not connected to the general railroad system of transportation. 

(3) “Railroad carrier” means a person providing railroad transportation. 

(4)(A) “Railroad property” means the following property owned, leased, or operated by a 

railroad carrier or used in its rail operations: 

(i) a right-of-way, track, yard, station, shed, or depot; 

(ii) a train, locomotive, engine, car, work equipment, rolling stock, or safety device; and 

(iii) a “railroad structure,” which means a bridge, tunnel, viaduct, trestle, culvert, abutment, 

communication tower, or signal equipment. 

(B) “Railroad property” does not include inactive railroad property of the Twin State Railroad. 

(5) “Right-of-way” means the track and roadbed owned, leased, or operated by a railroad carrier 

and property located on either side of the tracks that is readily recognizable to a reasonable 

person as being railroad property or is reasonably identified as such by fencing or appropriate 

signs. 

(6) “Yard” means a system of parallel tracks, crossovers, and switches where railroad cars are 

switched and made up into trains, and where railroad cars, locomotives, and other rolling stock 

are kept when not in use or when awaiting repairs. 

(b) Trespassing on railroad property prohibited. Except for the purpose of crossing railroad 

property at a public highway or other authorized crossing, a person shall not, without lawful 

authority or the railroad carrier's written permission, knowingly enter or remain upon railroad 

property by an act including: 

(1) standing, sitting, resting, walking, jogging, or running, or operating a recreational or 

nonrecreational vehicle, including a bicycle, motorcycle, snowmobile, car, or truck; or 
579 

(2) engaging in recreational activity, including bicycling, hiking, camping, or cross-country 

skiing. 

(c) Stowaways prohibited. A person shall not, without lawful authority or the railroad carrier's 

written permission, ride on the outside of a train or inside a passenger car, locomotive, or freight 

car, including a box car, flatbed, or container. 

(d) Persons not subject to ticketing. The following is a nonexhaustive list of persons who, for the 

purposes of this section, are not subject to ticketing for trespass under subsections (b) and (c) of 

this section: 

(1) passengers on trains, or employees of a railroad carrier while engaged in the performance of 

their official duties; 

(2) police officers, firefighters, peace officers, and emergency response personnel, while engaged 

in the performance of their official duties; 

(3) a person going upon railroad property in an emergency to rescue from harm a person or 

animal such as livestock, pets, or wildlife, or to remove an object that the person reasonably 

believes to pose an imminent hazard; 

(4) a person on the station grounds or in the depot of the railroad carrier as a passenger or for the 

purpose of transacting lawful business; 

(5) a person, or the person's family or invitee, or the person's employee or independent contractor 

going upon a railroad's right-of-way for the purpose of crossing at a private crossing site 

approved by the railroad carrier or authorized by law in order to obtain access to land that the 

person owns, leases, or operates; 

(6) a person who has permission from the owner, lessee, or operator of land served by a private 

crossing site approved by the railroad carrier or authorized by law, to use the crossing for 

recreational purposes and who enters upon the crossing for such purposes; 

(7) a person having written permission from the railroad carrier to go upon the railroad property 

in question; 

(8) representatives of the Transportation Board or Agency of Transportation while engaged in 

the performance of their official duties; 

(9) representatives of the Federal Railroad Administration while engaged in the performance of 

their official duties; 

(10) representatives of the National Transportation Safety Board while engaged in the 

performance of their official duties; or 

(11) a person who enters or remains in a railroad right-of-way, but not within a rail yard or on a 

railroad structure, while lawfully engaged in hunting, fishing, or trapping; however, a person 

shall not be exempt from ticketing under this subdivision if he or she enters within an area 

extending eight feet outward from either side of the rail and within the rail unless he or she 

crosses and leaves this area quickly, safely, and at an angle of approximately 90 degrees to the 

direction of the rail. 

(e) Rights, duties unaffected. Nothing in this section is intended to modify the rights, duties, 

liabilities, or defenses available to any person under any other law or under a license or 

agreement. 

(f) Penalty. A violation of this section is a traffic violation as defined in 23 V.S.A. chapter 24 and 

an action under this section shall be brought in accordance with 4 V.S.A. chapter 29. A person 

who violates this section shall be subject to a civil penalty of not more than $200.00. 

Vt. Stat. Ann. tit. 5, § 3734 (West 2021) 
580 

Virginia (1) 

§ 18.2-159. Trespassing on railroad track 

Any person who goes upon the track of a railroad other than to pass over such road at a public or 

private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to 

go on such track except to cross as aforesaid, without the consent of the railroad company or 

person operating such road, shall be guilty of a Class 4 misdemeanor. A second violation of the 

provisions of this section occurring within two years of the first violation shall be punishable as a 

Class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring 

within two years of a second or a subsequent violation shall be punishable as a Class 1 

misdemeanor. This section shall not apply to any section of track which has been legally 

abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and 

is not being used for railroad service. 

For purposes of this section, track shall mean the rail, ties, and ballast of the railroad. 

Va. Code Ann. § 18.2-159 (West 2021) 

Washington (0) 

No applicable statute related to this topic 

West Virginia (1) 

§ 61-3-43. Jumping on or off car or train in motion; driving vehicle upon track or bridge 

except at crossings; penalty 

If any person, not a passenger or employee, shall be found trespassing upon any railroad or 

traction car or train of any railroad in this State, by jumping on or off any car or train in motion, 

on its arrival at or departure from any station or depot of such railroad, or on the passage of any 

such car or train over any part of such railroad; or shall drive any horse or any horse-drawn or 

motor-driven vehicle across or upon any railroad track or bridge, except at public, private or 

farm crossings, such person so offending shall be deemed a disorderly person and guilty of a 

misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding twenty-five 

dollars, or by imprisonment in the county jail not exceeding thirty days, or both. Justices of the 

peace shall have concurrent jurisdiction to try all offenders under this section. 

W. Va. Code Ann. § 61-3-43 (West 2021) 

Wisconsin (2) 

§ 192.32. Trespassing on railroad 

(1) No person, other than a licensee, authorized newspaper reporter or person connected with or 

employed upon the railroad, may walk, loiter or be upon or along the track of any railroad. The 

provisions of this subsection shall not be construed to do any of the following: 

(a) To interfere with the lawful use of a public highway by any person. 

(b) To prevent any person from driving across any railroad from one part of that person's land to 

another part thereof. 

(d) To interfere with the use of the right-of-way or track by any person in connection with, either 

directly or indirectly, the shipping, loading or unloading of freight, seeking employment, the 

investigation or securing of evidence with respect to any accident or wreck or in conducting or 

transacting any other business for or with the railroad. 
581 

(e) To interfere with the entry of any employee during or on account of labor disputes by 

employees. 

(2) Each railroad corporation shall post notices containing substantially the provisions and 

penalties of this section, in one or more conspicuous places in or about each railroad station. 

Wis. Stat. Ann. § 192.32 (West 2021) 

§ 192.321. Getting on and off cars 

Any person who shall get upon, attempt to get upon, cling to, jump or step from any railroad car 

or train while the same is in motion shall forfeit not less than $100 nor more than $200, provided 

that this section shall not apply to the employees of any railroad company. 

Wis. Stat. Ann. § 192.321 (West 2021) 

Wyoming (0) 

No applicable statute related to this topic 

 
582 

Chapter 10: Vandalism 

Chapter Overview 

Although every state has laws against the 

defacement and destruction of private 

property, not all states have laws that are 

specific to railroad property. In recent years, 

penalties at the state government level have 

increased due to recognition of the potential 

for catastrophic results associated with 

vandalism to trains, tunnels, bridges, 

viaducts, trestles, tracks, or signals. This 

chapter presents a state-by-state listing of 

laws that address vandalism of railroad 

property, warning devices, and equipment, 

along with the prescribed punishment, if 

any. Each state entry is accompanied by 

citations.

Alabama (1) 

§ 13A-11-61. Discharging firearm, etc., into occupied or unoccupied building, etc., 

prohibited; penalty. 

(a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a 

dangerous projectile into any occupied or unoccupied dwelling or building or railroad 

locomotive or railroad car, aircraft, automobile, truck or watercraft in this state. 

(b) Any person who commits an act prohibited by subsection (a) with respect to an occupied 

dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or 

watercraft shall be deemed guilty of a Class B felony as defined by the state criminal code, and 

upon conviction, shall be punished as prescribed by law. 

(c) Any person who commits any act prohibited by subsection (a) hereof with respect to an 

unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, 

truck or watercraft shall be deemed guilty of a Class C felony as defined by the state criminal 

code, and upon conviction, shall be punished as prescribed by law. 

Ala. Code § 13A-11-61 (2021) 

Alaska (1) 

*§ 11.46.484. Criminal mischief in the fourth degree 

(a) A person commits the crime of criminal mischief in the fourth degree if, having no right to do 

so or any reasonable ground to believe the person has such a right, 

(1) with intent to damage property of another, the person damages property of another in an 

amount of $250 or more but less than $750; 

(5) the person knowingly removes, relocates, defaces, alters, obscures, shoots at, destroys, or 

otherwise tampers with an official traffic control device or damages the work on a highway 

under construction. 

(b) Criminal mischief in the fourth degree is a class A misdemeanor. 

Alaska Stat. Ann. § 11.46.484 (West 2021) Excerpt from applicable statute published. 

Arizona (1) 

§ 28-649. Interference with official traffic control device or railroad sign or signal; 

possession of traffic preemption emitter; classification; definition 
583 

A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock 

down or remove an official traffic control device, a railroad sign or signal or an inscription, 

shield or insignia on any device, sign or signal or any part of the device, sign or signal. 

Ariz. Rev. Stat. Ann. § 28-649 (2021) Excerpt from applicable statute published. 

Arkansas (2) 

§ 23-12-804. Wanton, malicious, or mischievous conduct 

If any person wantonly, maliciously, or mischievously discharges firearms or throws stones, 

sticks, clubs, or other missiles at, into, or against any locomotive, railroad car, or street car on 

any railroad, he or she shall be guilty of a misdemeanor. On conviction the person shall be 

punished by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty 

dollars ($250) or by imprisonment in the county jail for not more than three (3) months, or by 

both a fine and imprisonment. 

Ark. Code Ann. § 23-12-804 (West 2021) 

§ 23-12-805. Willful conduct--Penalty 

(a) If any person shall willfully do or cause to be done any act whatever, whereby any building, 

construction, or work of any railroad corporation in this state, or any engine, machine, structure, 

or any matter or thing appertaining to the corporation shall be stopped, obstructed, injured, 

impaired, weakened, or destroyed, the persons so offending shall be guilty of a misdemeanor and 

shall forfeit and pay to the corporation so injured, etc., treble the amount of damages sustained 

by means of such an offense. 

Ark. Code Ann. § 23-12-805 (West 2021) Excerpt from applicable statute published. 

California (2) 

§ 219.2. Throwing hard substance or shooting missile at train or other conveyance; 

punishment 

Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a 

missile, at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus 

or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters 

within or bordering on this state, is punishable by imprisonment in the county jail not exceeding 

one year, or in a state prison, or by fine not exceeding two thousand dollars ($2,000), or by both 

such fine and imprisonment. 

Cal. Penal Code § 219.2 (West 2021) 

§ 587. Railroads and railroad bridges; punishment 

Every person who maliciously does either of the following is punishable by imprisonment 

pursuant to subdivision (h) of Section 1170, or imprisonment in a county jail not exceeding one 

year: 

(a) Removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse 

cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, 

culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to 

or connected with any railroad. 
584 

(b) Places any obstruction upon the rails or track of any railroad, or of any switch, branch, 

branchway, or turnout connected with any railroad. 

Cal. Penal Code § 587 (West 2021) 

Colorado (3) 

§ 18-9-107. Obstructing highway or other passageway 

(1) An individual or corporation commits an offense if without legal privilege such individual or 

corporation intentionally, knowingly, or recklessly: 

(a) Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, 

stairway, or hallway to which the public or a substantial group of the public has access or any 

other place used for the passage of persons, vehicles, or conveyances, whether the obstruction 

arises from his acts alone or from his acts and the acts of others; or 

(3) An offense under this section is a class 3 misdemeanor; except that knowingly obstructing the 

entrance into, or exit from, a funeral or funeral site, or knowingly obstructing a highway or other 

passageway where a funeral procession is taking place is a class 2 misdemeanor. 

Colo. Rev. Stat. Ann. § 18-9-107 (West 2021) Excerpt from applicable statute published. 

*§ 18-9-115. Endangering public transportation and utility transmission 

(1) A person commits endangering public transportation if such person: 

(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, 

nonfunction, theft, or unauthorized removal of material which would result in the creation of a 

substantial risk of death or serious bodily injury to anyone; or 

(b) Stops or boards a public conveyance with the intent of committing a crime thereon; or 

(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or 

passenger: 

(I) With death or imminent serious bodily injury; or 

(II) With a deadly weapon or with words or actions intended to induce belief that such person is 

armed with a deadly weapon; or 

(d) On a public conveyance: 

(I) Knowingly or recklessly causes bodily injury to another person; or 

(II) With criminal negligence causes bodily injury to another person by means of a deadly 

weapon. 

(1.5) A person commits endangering utility transmission if such person tampers with a facility of 

utility transmission with intent to cause any damage, malfunction, nonfunction, theft, or 

unauthorized removal of material which would: 

(a) Interrupt performance of utility transmission; or 

(b) Result in a creation of a substantial risk of death or serious bodily injury to anyone. 

(2) “Public” means offered or available to the public generally, either free or upon payment of a 

fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils 

regularly enrolled in public or nonpublic schools in preschool through grade twelve. 

(3) “Public conveyance” includes a passenger or freight train, airplane, bus, truck, car, boat, 

tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used 

for the public carriage of persons or property. 

(4) “Facility of public transportation” includes a public conveyance and any area, structure, or 

device which is designed, adapted, and used to support, guide, control, permit, or facilitate the 
585 

movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the 

loading or unloading of passengers, freight, or goods. 

(4.5) “Facility of utility transmission” includes any area, structure, or device that is designed, 

adopted, or used to support, guide, control, permit, or facilitate transmission of: 

(a) Electrical energy in excess of thirty thousand volts; or 

(b) Water, liquid fuel, or gaseous fuel by pipeline. 

(5) Endangering public transportation or endangering utility transmission is a class 3 felony. 

Colo. Rev. Stat. Ann. § 18-9-115 (West 2021) 

§ 42-4-607. Interference with official devices 

(1)(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock 

down, remove, or interfere with the effective operation of any official traffic control device or 

any railroad sign or signal or any inscription, shield, or insignia thereon or any other part thereof. 

Except as otherwise provided in subsection (2) of this section, any person who violates any 

provision of this paragraph (a) commits a class B traffic infraction. 

Colo. Rev. Stat. Ann. § 42-4-607 (West 2021) Excerpt from applicable statute published. 

Connecticut (3) 

§ 53a-117k. Damage to railroad property in the first degree: Class D felony 

(a) A person is guilty of damage to railroad property in the first degree when: (1) With intent to 

cause damage to railroad property and having no reasonable ground to believe that such person 

has a right to do so, such person damages such property in an amount exceeding one thousand 

five hundred dollars, or (2) with intent to cause an interruption or impairment of railroad service 

rendered to the public and having no reasonable ground to believe that such person has a right to 

do so, such person damages or tampers with railroad property and thereby causes an interruption 

or impairment of railroad service rendered to the public. 

(b) Damage to railroad property in the first degree is a class D felony. 

Conn. Gen. Stat. Ann. § 53a-117k (West 2021) 

§ 53a-117l. Damage to railroad property in the second degree: Class A misdemeanor 

(a) A person is guilty of damage to railroad property in the second degree when: (1) With intent 

to cause damage to railroad property and having no reasonable ground to believe that such 

person has a right to do so, such person damages such property in an amount exceeding two 

hundred fifty dollars, or (2) with intent to cause an interruption or impairment of railroad service 

rendered to the public and having no reasonable ground to believe that such person has a right to 

do so, such person damages or tampers with railroad property and thereby causes a risk of 

interruption or impairment of railroad service rendered to the public. 

(b) Damage to railroad property in the second degree is a class A misdemeanor. 

Conn. Gen. Stat. Ann. § 53a-117l (West 2021) 

§ 53a-117m. Damage to railroad property in the third degree: Class B misdemeanor 

(a) A person is guilty of damage to railroad property in the third degree when, having no 

reasonable ground to believe that such person has a right to do so, such person: (1) Intentionally 

or recklessly (A) damages railroad property, or (B) tampers with railroad property and thereby 

causes such property to be placed in danger of damage, or (2) damages railroad property by 
586 

negligence involving the use of any potentially harmful or destructive force or substance 

including, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas 

or radioactive material. 

(b) Damage to railroad property in the third degree is a class B misdemeanor. 

Conn. Gen. Stat. Ann. § 53a-117m (West 2021) 

Delaware (3) 

§ 1812. Liability of those damaging railroad property 

Any person who wilfully impairs, injures, destroys or obstructs the use of any railroad enjoyed 

under this title or any of its necessary works, wharves, bridges, carriages, engines, cars, machines 

or other property shall forfeit and pay to the corporation the sum of $50, to be by it recovered in 

any court having competent jurisdiction in any civil action and shall be liable for all damages 

sustained. 

Del. Code Ann. tit. 2, § 1812 (West 2021) 

§ 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction 

A person shall be guilty of an offense if the person throws, or causes to be thrown, any waste 

paper, sweepings, ashes, household waste, glass, metal, tires, refuse or rubbish, or any dangerous 

or detrimental substance to be deposited into or upon any railroad right-of-way of this State. 

Whoever violates this section shall be fined not less than $50 nor more than $300. For each 

subsequent offense occurring within 3 years of a former offense, the person shall be fined not 

less than $300 nor more than $500. The minimum fines for a violation of this section shall not be 

subject to suspension. The Justice of the Peace Court system shall have exclusive jurisdiction 

over any violations of this section. 

Del. Code Ann. tit. 2, § 1821 (West 2021) 

§ 4112. Interference with official traffic-control devices or railroad signs or signals or other 

street signs 

No person shall, without lawful authority, attempt to or, in fact alter, damage, deface, injure, 

twist, knock down, interfere with the operation of or remove any public roadway, bridge, drain, 

light, gate or traffic-control device, railroad sign or signal or other appurtenance or any 

inscription, shield or insignia thereon or any other part thereof or other type of highway signs 

erected by the State regardless of whether such sign is classified as regulatory or informational. 

Whoever violates this section shall, for the first offense, be fined not less than $57.50 nor more 

than $230, or imprisoned for not more than 10 days, or both. For each subsequent like offense 

committed within 2 years, the person shall be fined not less than $115 nor more than $460, or 

imprisoned for not more than 30 days, or both. Whoever violates this section shall in addition to 

any fine or incarceration make restitution to the State for actual costs incurred to replace the 

traffic-control device. 

Del. Code Ann. tit. 21, § 4112 (West 2021) 

District of Columbia (1) 

*§ 22-3319. Placing obstructions on or displacement of railway tracks. 
587 

Whoever maliciously places an obstruction on or near the track of any steam or street railway, or 

displaces or injures anything appertaining to such track, with intent to endanger the passage of 

any locomotive or car, shall be imprisoned for not more than 10 years. In addition to any other 

penalty provided under this section, a person may be fined an amount not more than the amount 

set forth in § 22-3571.01. 

D.C. Code Ann. § 22-3319 (West 2021) 

Florida (7) 

*§ 316.0775. Interference with official traffic control devices or railroad signs or signals 

(1) A person may not, without lawful authority, attempt to or in fact alter, deface, injure, knock 

down, or remove any official traffic control device or any railroad sign or signal or any 

inscription, shield, or insignia thereon, or any other part thereof. A violation of this subsection is 

a criminal violation pursuant to s. 318.17 and shall be punishable as set forth in s. 806.13 related 

to criminal mischief and graffiti, beginning on or after July 1, 2000. 

Fla. Stat. Ann. § 316.0775 (West 2021) Excerpt from applicable statute published. 

§ 860.05. Unauthorized person interfering with railroad train, cars, or engines 

Any person, other than an employee or authorized agent of the railroad company acting within 

the line of duty, who shall knowingly or willfully detach or uncouple any train; put on, apply, or 

tamper with any brake, bell cord, or emergency valve; or otherwise interfere with any train, 

engine, car, or part thereof is guilty of a felony of the third degree, punishable as provided in s. 

775.082, s. 775.083, or s. 775.084. 

Fla. Stat. Ann. § 860.05 (West 2021) 

§ 860.07. Unauthorized persons giving signals to railroad trains or engines 

Any person who wrongfully, recklessly, or wantonly and without authority, signals any train or 

engine in this state with a red light or with a red flag, or gives any signal calculated to affect the 

movement or operation of any train, engine, or cars on any railroad in this state shall be guilty of 

a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This 

section shall not apply to any person giving signals to stop a train for the purpose of preventing 

an accident to such train, or at a regular station or flag station when the train is flagged for the 

purpose of taking passage on said train. 

Fla. Stat. Ann. § 860.07 (West 2021) 

§ 860.08. Interference with railroad signals prohibited; penalty 

Any person, other than an employee or authorized agent of a railroad company acting within the 

line of duty, who knowingly or willfully interferes with or removes any railroad signal system 

used to control railroad operations, any railroad crossing warning devices, or any lantern, light, 

lamp, torch, flag, fuse, torpedo, or other signal used in connection with railroad operations is 

guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 

775.084. 

Fla. Stat. Ann. § 860.08 (West 2021) 

§ 860.09. Interference with railroad track and other equipment prohibited; penalties 
588 

Any person, other than an employee or authorized agent of a railroad company acting within the 

line of duty, who knowingly or willfully moves, interferes with, removes, or obstructs any 

railroad switch, bridge, track, crossties, or other equipment located on the right-of-way or 

property of a railroad and used in railroad operations is guilty of a felony of the third degree, 

punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

Fla. Stat. Ann. § 860.09 (West 2021) 

§ 860.11. Injuring railroad structures; driving cattle on tracks 

Whoever otherwise wantonly or maliciously injures any bridge, trestle, culvert, cattle guard, or 

other superstructure of any railroad company or salts the track of any railroad company for the 

purpose of attracting cattle thereto, or who shall drive cattle thereon, shall be guilty of a felony of 

the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

Fla. Stat. Ann. § 860.11 (West 2021) 

§ 860.121. Crimes against railroad vehicles; penalties 

(1) It shall be unlawful for any person to shoot at, throw any object capable of causing death or 

great bodily harm at, or place any object capable of causing death or great bodily harm in the 

path of any railroad train, locomotive, car, caboose, or other railroad vehicle. 

(2)(a) Any person who violates subsection (1) with respect to an unoccupied railroad vehicle is 

guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 

775.084. 

(b) Any person who violates subsection (1) with respect to an occupied railroad vehicle or a 

railroad vehicle connected thereto is guilty of a felony of the second degree, punishable as 

provided in s. 775.082, s. 775.083, or s. 775.084. 

(c) Any person who violates subsection (1), if such violation results in great bodily harm, is 

guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 

775.084. 

(d) Any person who violates subsection (1), if such violation results in death, is guilty of 

homicide as defined in chapter 782, punishable as provided in s. 775.082. 

Fla. Stat. Ann. § 860.121 (West 2021) 

Georgia (1) 

§ 46-8-196. Standard railroad crossing signs; defacement; removal when illegally erected 

(a) It shall be the duty of the Public Service Commission to designate a standard sign or signs 

and to require the use of same by railroad companies to indicate crossings of public highways 

across railroads. It shall be unlawful for any person to use a sign similar thereto for advertising or 

for any other purpose; and it shall be unlawful to mutilate, destroy, or deface any crossing sign. 

The county authorities in charge of the roads of any county where a sign is erected contrary to 

this law shall have the duty of removing and destroying that sign. 

(b) Any person who violates this Code section shall be guilty of a misdemeanor and, upon 

conviction thereof, shall be punished by a fine not exceeding $50.00 or by imprisonment for a 

period not to exceed 12 months, or both. 

Ga. Code Ann. § 46-8-196 (West 2021) 
589 

Hawaii (2) 

§ 291C-37. Interference with official traffic-control devices or railroad signs or signals 

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, 

or remove any official traffic-control device or any railroad sign or signal or any inscription, 

shield, or insignia thereon, or any other part thereof. 

Haw. Rev. Stat. Ann. § 291C-37 (West 2021) 

*§ 291C-161. Penalties; photo red light imaging detector system fines 

(b) Except as provided in subsections (c) and (d), every person who is determined to have 

violated any provision of this chapter for which another penalty is not provided shall be fined: 

(1) Not more than $200 for a first violation thereof; 

(2) Not more than $300 for a second violation committed within one year after the date of the 

first violation; and 

(3) Not more than $500 for a third or subsequent violation committed within one year after the 

date of the first violation. 

Haw. Rev. Stat. Ann. § 291C-161 (West 2021) Excerpt from applicable statute published. 

Idaho (6) 

§ 18-3313. False reports of explosives in public or private places a felony--Penalty 

Any person who reports to any police officer, sheriff, employee of a police department or 

sheriff's office, employee of a 911 emergency communications system or emergency vehicle 

dispatch center, employee of a fire department or fire service, prosecuting attorney, newspaper, 

radio station, television station, deputy sheriff, deputy prosecuting attorney, member of the state 

police, employee of an airline, employee of an airport, employee of a railroad or bus line, an 

employee of a telephone company, occupants of a building, employee of a school district, or a 

news reporter in the employ of a newspaper or radio or television station, that a bomb or other 

explosive has been placed or secreted in a public or private place knowing that such report is 

false, is guilty of a felony, and upon conviction thereof, shall be sentenced to a term of not to 

exceed five (5) years in the state penitentiary. 

Idaho Code Ann. § 18-3313 (West 2021) 

§ 18-6006. Injuring railroad property 

Every person who maliciously removes, displaces, injures, or in any way interferes with, or 

changes, or destroys, any part of any railroad property, whether for cars propelled by steam or 

any other motive power, or any track of any railroad, or any branch or branchway, switch, block 

or other signal or signaling device, turnout, bridge, viaduct, culvert, embankment, station house 

or other structure or fixture, or any part thereof attached to or connected with any railroad, is 

punishable by imprisonment in the state prison not exceeding ten (10) years, or by fine not 

exceeding fifty thousand dollars ($50,000), or by both fine and imprisonment, in the discretion of 

the court. 

Idaho Code Ann. § 18-6006 (West 2021) 

§ 18-6009. Placing obstructions on tracks 
590 

Every person who maliciously places any obstruction upon the rails or track of any railroad, or of 

any switch, branch, branchway, or turnout connected with any railroad, is punishable by 

imprisonment in the state prison not exceeding five years, or in the county jail not less than six 

months. 

Idaho Code Ann. § 18-6009 (West 2021) 

§ 18-6010. Obstruction or interference with railroad 

Any person or persons who shall wilfully or maliciously place any obstruction on any railroad 

track or roadbed, or street car track in this state, or who shall loosen, tear up, remove or misplace 

any rail, switch, frog, guard rail, cattle guard, or any part of such railroad track or roadbed or 

street car track, or who shall tamper with or molest any such road, roadbed or track, or who shall 

destroy or damage any locomotive, motor or car on said track, or who shall otherwise interfere 

with the maintenance or operation of such road so as to endanger the safety of any train, car, 

motor or engine, or so as to endanger or injure any passenger or person riding thereon, or being 

about the same, shall, upon conviction thereof, be punished by imprisonment in the penitentiary 

for any term not exceeding twenty (20) years nor less than five (5) years. 

Idaho Code Ann. § 18-6010 (West 2021) 

§ 18-6011. Obstruction or interference with railroad--Act causing death 

Any person or persons who shall, within this state, wilfully or maliciously place any obstruction 

upon any railroad track or roadbed or street car track, or shall misplace, remove, obstruct, detach, 

damage or destroy any rail, switch, frog, guard rail, cattle guard, or any other part of such 

railroad track or roadbed or street car track, or who shall otherwise interfere with the 

maintenance and operation of such road, thereby causing the death of any person, whether 

passenger or employee of such railroad, or street railway, or otherwise, shall, upon conviction 

thereof, be deemed guilty of a felony and be punished by imprisonment in the penitentiary for a 

term not less than five (5) years and which may extend to the natural life of such person so found 

guilty, or may be tried and punished for murder. But this section shall not in any way lessen the 

liability of the railroad company where a wreck may hereafter occur in the state of Idaho. 

Idaho Code Ann. § 18-6011 (West 2021) 

§ 49-1420. Interference with official traffic control devices or railroad signs or signals 

No person shall, without lawful authority, attempt to or in fact alter, twist, deface, injure, knock 

down, remove or interfere with the effective operation of any traffic control device or any 

railroad sign or signal or any inscription, shield or insignia, or any other part. 

Idaho Code Ann. § 49-1420 (West 2021) 

Illinois (3) 

§ 5/11-311. Interference with official traffic-control devices or railroad signs or signals 

§ 11-311. Interference with official traffic-control devices or railroad signs or signals. No person 

shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove 

any official traffic-control device, or any railroad sign or signal or any inscription, shield, or 

insignia thereon, or any other part thereof. Every person who is convicted of a violation of this 

Section shall be guilty of a Class A misdemeanor, punishable by a fine of at least $250 in 

addition to any other penalties which may be imposed. 
591 

625 Ill. Comp. Stat. Ann. 5/11-311 (West 2021) 

*§ 5/18c-7401. Safety Requirements for Track, Facilities, and Equipment 

§ 18c-7401. Safety Requirements for Track, Facilities, and Equipment. 

(1) General Requirements. Each rail carrier shall, consistent with rules, orders, and regulations of 

the Federal Railroad Administration, construct, maintain, and operate all of its equipment, track, 

and other property in this State in such a manner as to pose no undue risk to its employees or the 

person or property of any member of the public. 

(2) Adoption of Federal Standards. The track safety standards and accident/incident standards 

promulgated by the Federal Railroad Administration shall be safety standards of the 

Commission. The Commission may, in addition, adopt by reference in its regulations other 

federal railroad safety standards, whether contained in federal statutes or in regulations adopted 

pursuant to such statutes. 

(3) Railroad Crossings. No public road, highway, or street shall hereafter be constructed across 

the track of any rail carrier at grade, nor shall the track of any rail carrier be constructed across a 

public road, highway or street at grade, without having first secured the permission of the 

Commission; provided, that this Section shall not apply to the replacement of lawfully existing 

roads, highways, and tracks. No public pedestrian bridge or subway shall be constructed across 

the track of any rail carrier without having first secured the permission of the Commission. The 

Commission shall have the right to refuse its permission or to grant it upon such terms and 

conditions as it may prescribe. The Commission shall have power to determine and prescribe the 

manner, including the particular point of crossing, and the terms of installation, operation, 

maintenance, use, and protection of each such crossing. 

The Commission shall also have power, after a hearing, to require major alteration of or to 

abolish any crossing, heretofore or hereafter established, when in its opinion, the public safety 

requires such alteration or abolition, and, except in cities, villages, and incorporated towns of 

1,000,000 or more inhabitants, to vacate and close that part of the highway on such crossing 

altered or abolished and cause barricades to be erected across such highway in such manner as to 

prevent the use of such crossing as a highway, when, in the opinion of the Commission, the 

public convenience served by the crossing in question is not such as to justify the further 

retention thereof; or to require a separation of grades, at railroad-highway grade crossings; or to 

require a separation of grades at any proposed crossing where a proposed public highway may 

cross the tracks of any rail carrier or carriers; and to prescribe, after a hearing of the parties, the 

terms upon which such separations shall be made and the proportion in which the expense of the 

alteration or abolition of such crossings or the separation of such grades, having regard to the 

benefits, if any, accruing to the rail carrier or any party in interest, shall be divided between the 

rail carrier or carriers affected, or between such carrier or carriers and the State, county, 

municipality or other public authority in interest. However, a public hearing by the Commission 

to abolish a crossing shall not be required when the public highway authority in interest vacates 

the highway. In such instance the rail carrier, following notification to the Commission and the 

highway authority, shall remove any grade crossing warning devices and the grade crossing 

surface. 

The Commission shall also have power by its order to require the reconstruction, minor 

alteration, minor relocation, or improvement of any crossing (including the necessary highway 

approaches thereto) of any railroad across any highway or public road, pedestrian bridge, or 

pedestrian subway, whether such crossing be at grade or by overhead structure or by subway, 
592 

whenever the Commission finds after a hearing or without a hearing as otherwise provided in 

this paragraph that such reconstruction, alteration, relocation, or improvement is necessary to 

preserve or promote the safety or convenience of the public or of the employees or passengers of 

such rail carrier or carriers. By its original order or supplemental orders in such case, the 

Commission may direct such reconstruction, alteration, relocation, or improvement to be made in 

such manner and upon such terms and conditions as may be reasonable and necessary and may 

apportion the cost of such reconstruction, alteration, relocation, or improvement and the 

subsequent maintenance thereof, having regard to the benefits, if any, accruing to the railroad or 

any party in interest, between the rail carrier or carriers and public utilities affected, or between 

such carrier or carriers and public utilities and the State, county, municipality or other public 

authority in interest. The cost to be so apportioned shall include the cost of changes or alterations 

in the equipment of public utilities affected as well as the cost of the relocation, diversion or 

establishment of any public highway, made necessary by such reconstruction, alteration, 

relocation, or improvement of said crossing. A hearing shall not be required in those instances 

when the Commission enters an order confirming a written stipulation in which the Commission, 

the public highway authority or other public authority in interest, the rail carrier or carriers 

affected, and in instances involving the use of the Grade Crossing Protection Fund, the Illinois 

Department of Transportation, agree on the reconstruction, alteration, relocation, or improvement 

and the subsequent maintenance thereof and the division of costs of such changes of any grade 

crossing (including the necessary highway approaches thereto) of any railroad across any 

highway, pedestrian bridge, or pedestrian subway. 

Every rail carrier operating in the State of Illinois shall construct and maintain every highway 

crossing over its tracks within the State so that the roadway at the intersection shall be as flush 

with the rails as superelevated curves will allow, and, unless otherwise ordered by the 

Commission, shall construct and maintain the approaches thereto at a grade of not more than 5% 

within the right of way for a distance of not less the 6 feet on each side of the centerline of such 

tracks; provided, that the grades at the approaches may be maintained in excess of 5% only when 

authorized by the Commission. 

Every rail carrier operating within this State shall remove from its right of way at all railroadhighway grade crossings within the State, such brush, shrubbery, and trees as is reasonably 

practical for a distance of not less than 500 feet in either direction from each grade crossing. The 

Commission shall have power, upon its own motion, or upon complaint, and after having made 

proper investigation, to require the installation of adequate and appropriate luminous reflective 

warning signs, luminous flashing signals, crossing gates illuminated at night, or other protective 

devices in order to promote and safeguard the health and safety of the public. Luminous flashing 

signal or crossing gate devices installed at grade crossings, which have been approved by the 

Commission, shall be deemed adequate and appropriate. The Commission shall have authority to 

determine the number, type, and location of such signs, signals, gates, or other protective devices 

which, however, shall conform as near as may be with generally recognized national standards, 

and the Commission shall have authority to prescribe the division of the cost of the installation 

and subsequent maintenance of such signs, signals, gates, or other protective devices between the 

rail carrier or carriers, the public highway authority or other public authority in interest, and in 

instances involving the use of the Grade Crossing Protection Fund, the Illinois Department of 

Transportation. Except where train crews provide flagging of the crossing to road users, yield 

signs shall be installed at all highway intersections with every grade crossing in this State that is 

not equipped with automatic warning devices, such as luminous flashing signals or crossing gate 
593 

devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted 

in cooperation with the highway authority and the Illinois Department of Transportation has 

determined that a stop sign is warranted. If the Commission has ordered the installation of 

luminous flashing signal or crossing gate devices at a grade crossing not equipped with active 

warning devices, the Commission shall order the installation of temporary stop signs at the 

highway intersection with the grade crossing unless an engineering study has determined that a 

stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the 

installation of other appropriate supplemental signing as determined by an engineering study. 

The temporary signs shall remain in place until the luminous flashing signal or crossing gate 

devices have been installed. The rail carrier is responsible for the installation and subsequent 

maintenance of any required signs. The permanent signs shall be in place by July 1, 2011. 

No railroad may change or modify the warning device system at a railroad-highway grade 

crossing, including warning systems interconnected with highway traffic control signals, without 

having first received the approval of the Commission. The Commission shall have the further 

power, upon application, upon its own motion, or upon complaint and after having made proper 

investigation, to require the interconnection of grade crossing warning devices with traffic 

control signals at highway intersections located at or near railroad crossings within the distances 

described by the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 

11-301 of this Code. In addition, State and local authorities may not install, remove, modernize, 

or otherwise modify traffic control signals at a highway intersection that is interconnected or 

proposed to be interconnected with grade crossing warning devices when the change affects the 

number, type, or location of traffic control devices on the track approach leg or legs of the 

intersection or the timing of the railroad preemption sequence of operation until the Commission 

has approved the installation, removal, modernization, or modification. Commission approval 

shall be limited to consideration of issues directly affecting the public safety at the railroadhighway grade crossing. The electrical circuit devices, alternate warning devices, and preemption 

sequences shall conform as nearly as possible, considering the particular characteristics of the 

crossing and intersection area, to the State manual adopted by the Illinois Department of 

Transportation pursuant to Section 11-301 of this Code and such federal standards as are made 

applicable by subsection (2) of this Section. In order to carry out this authority, the Commission 

shall have the authority to determine the number, type, and location of traffic control devices on 

the track approach leg or legs of the intersection and the timing of the railroad preemption 

sequence of operation. The Commission shall prescribe the division of costs for installation and 

maintenance of all devices required by this paragraph between the railroad or railroads and the 

highway authority in interest and in instances involving the use of the Grade Crossing Protection 

Fund or a State highway, the Illinois Department of Transportation. 

Any person who unlawfully or maliciously removes, throws down, damages or defaces any sign, 

signal, gate, or other protective device, located at or near any public grade crossing, shall be 

guilty of a petty offense and fined not less than $50 nor more than $200 for each offense. In 

addition to fines levied under the provisions of this Section a person adjudged guilty hereunder 

may also be directed to make restitution for the costs of repair or replacement, or both, 

necessitated by his misconduct. 

It is the public policy of the State of Illinois to enhance public safety by establishing safe grade 

crossings. In order to implement this policy, the Illinois Commerce Commission is directed to 

conduct public hearings and to adopt specific criteria by July 1, 1994, that shall be adhered to by 

the Illinois Commerce Commission in determining if a grade crossing should be opened or 
594 

abolished. The following factors shall be considered by the Illinois Commerce Commission in 

developing the specific criteria for opening and abolishing grade crossings: 

(a) timetable speed of passenger trains; 

(b) distance to an alternate crossing; 

(c) accident history for the last 5 years; 

(d) number of vehicular traffic and posted speed limits; 

(e) number of freight trains and their timetable speeds; 

(f) the type of warning device present at the grade crossing; 

(g) alignments of the roadway and railroad, and the angle of intersection of those alignments; 

(h) use of the grade crossing by trucks carrying hazardous materials, vehicles carrying 

passengers for hire, and school buses; and 

(i) use of the grade crossing by emergency vehicles. 

The Illinois Commerce Commission, upon petition to open or abolish a grade crossing, shall 

enter an order opening or abolishing the crossing if it meets the specific criteria adopted by the 

Commission. 

Except as otherwise provided in this subsection (3), in no instance shall a grade crossing be 

permanently closed without public hearing first being held and notice of such hearing being 

published in an area newspaper of local general circulation. 

(4) Freight Trains; Radio Communications. The Commission shall after hearing and order 

require that every main line railroad freight train operating on main tracks outside of yard limits 

within this State shall be equipped with a radio communication system. The Commission after 

notice and hearing may grant exemptions from the requirements of this Section as to secondary 

and branch lines. 

(5) Railroad Bridges and Trestles; Walkway and Handrail. In cases in which the Commission 

finds the same to be practical and necessary for safety of railroad employees, bridges and 

trestles, over and upon which railroad trains are operated, shall include as a part thereof, a safe 

and suitable walkway and handrail on one side only of such bridge or trestle, and such handrail 

shall be located at the outer edge of the walkway and shall provide a clearance of not less than 8 

feet, 6 inches, from the center line of the nearest track, measured at right angles thereto. 

(6) Packages Containing Articles for First Aid to Injured on Trains. 

(a) All rail carriers shall provide a first aid kit that contains, at a minimum, those articles 

prescribed by the Commission, on each train or engine, for first aid to persons who may be 

injured in the course of the operation of such trains. 

(b) A vehicle, excluding a taxi cab used in an emergency situation, operated by a contract carrier 

transporting railroad employees in the course of their employment shall be equipped with a 

readily available first aid kit that contains, as a minimum, the same articles that are required on 

each train or engine. 

(7) Abandoned Bridges, Crossings, and Other Rail Plant. The Commission shall have authority, 

after notice and hearing, to order: 

(a) the removal of any abandoned railroad tracks from roads, streets or other thoroughfares in 

this State; and 

(b) the removal of abandoned overhead railroad structures crossing highways, waterways, or 

railroads. 

The Commission may equitably apportion the cost of such actions between the rail carrier or 

carriers, public utilities, and the State, county, municipality, township, road district, or other 

public authority in interest. 
595 

(8) Railroad-Highway Bridge Clearance. A vertical clearance of not less than 23 feet above the 

top of rail shall be provided for all new or reconstructed highway bridges constructed over a 

railroad track. The Commission may permit a lesser clearance if it determines that the 23-foot 

clearance standard cannot be justified based on engineering, operational, and economic 

conditions. 

(9) Right of Access To Railroad Property. 

(a) A community antenna television company franchised by a municipality or county pursuant to 

the Illinois Municipal Code or the Counties Code, respectively, shall not enter upon any real 

estate or rights-of-way in the possession or control of a railroad subject to the jurisdiction of the 

Illinois Commerce Commission unless the community antenna television company first complies 

with the applicable provisions of subparagraph (f) of Section 11-42-11.1 of the Illinois Municipal 

Code or subparagraph (f) of Section 5-1096 of the Counties Code. 

(b) Notwithstanding any provision of law to the contrary, this subsection (9) applies to all entries 

of railroad rights-of-way involving a railroad subject to the jurisdiction of the Illinois Commerce 

Commission by a community antenna television company and shall govern in the event of any 

conflict with any other provision of law. 

(c) This subsection (9) applies to any entry upon any real estate or right-of-way in the possession 

or control of a railroad subject to the jurisdiction of the Illinois Commerce Commission for the 

purpose of or in connection with the construction, or installation of a community antenna 

television company's system or facilities commenced or renewed on or after August 22, 2017 

(the effective date of Public Act 100-251). 

(d) Nothing in Public Act 100-251 shall be construed to prevent a railroad from negotiating other 

terms and conditions or the resolution of any dispute in relation to an entry upon or right of 

access as set forth in this subsection (9). 

(e) For purposes of this subsection (9): 

“Broadband service”, “cable operator”, and “holder” have the meanings given to those terms 

under Section 21-201 of the Public Utilities Act. 

“Community antenna television company” includes, in the case of real estate or rights-of-way in 

possession of or in control of a railroad, a holder, cable operator, or broadband service provider. 

(f) Beginning on August 22, 2017 (the effective date of Public Act 100-251), the Transportation 

Division of the Illinois Commerce Commission shall include in its annual Crossing Safety 

Improvement Program report a brief description of the number of cases decided by the Illinois 

Commerce Commission and the number of cases that remain pending before the Illinois 

Commerce Commission under this subsection (9) for the period covered by the report. 

625 Ill. Comp. Stat. Ann. 5/18c-7401 (West 2021) 

§ 5/18c-7502. Malicious removal of or damage to railroad property or freight 

§ 18c-7502. Malicious removal of or damage to railroad property or freight. 

(a) Malicious removal of or damage to railroad property or freight. 

A person is guilty of an offense if he or she is found to have: 

(i) removed, taken, stolen, changed, added to, taken from, or in any manner changed, defaced, or 

interfered with any of the parts or attachments of any locomotive or car, or any plant or property 

used in or in connection with the operation of any railroad carrier, locomotive, car, or train, or 

shoots, throws, or drops any object onto or at any train, locomotive, or car; 

(ii) willfully and with intent to permanently deprive the owner thereof, taken or removed railroad 

freight from any freight car, including a boxcar, container, or flatbed; 
596 

(iii) bought or received any of the railroad freight described in item (ii), having reason to know 

that such freight was stolen; or 

(iv) willfully placed upon an active railroad track or railroad right of way any object or objects 

that would adversely affect safe railroad operations. 

(b) Penalties. 

(1) If the railroad property damage does not exceed $500 and no bodily injury occurs to another 

as a result of a violation of this Section, the person shall be guilty of a Class A misdemeanor. 

Upon being found in violation of item (i) of subsection (a), the person shall, in addition to such 

other sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier 

involved the cost to repair any railroad property damaged, and to perform community service for 

not less than 30 hours or more than 120 hours. If community service is not available in the 

jurisdiction where the offense was committed, that person shall be subject to pay a fine of not 

less than $150 or more than $1,000, or imprisonment for not less than 5 days or more than 1 

year, or both. If railroad property damage exceeds $500 or bodily injury occurs to another as a 

result of a violation of this Section, the person shall be guilty of a Class 4 felony. Upon being 

found in violation of item (i) of subsection (a), the person shall, in addition to such other 

sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier 

involved for the cost to repair any railroad property damaged, and shall be fined not less than 

$1,000, nor more than $25,000, or imprisonment for not less than 1 year, or more than 3 years, or 

both. If serious bodily injury or death occurs to another as a result of a violation of item (i) of 

subsection (a), the person shall be guilty of a Class 2 felony and shall, in addition to such 

sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier 

involved the cost to repair any railroad property damaged, and shall be fined not less than $5,000 

nor more than $25,000, or imprisonment for not less than 3 years nor more than 7 years, or both. 

If any such action is malicious and is the cause of wrecking any train, locomotive, or car in this 

State whereby the life of any person is lost, the person found guilty thereof shall be liable for 

first degree murder and the person shall be subject to pay the railroad carrier involved the cost to 

repair any railroad property damaged. 

(2) Upon being found in violation of item (ii), (iii), or (iv) the person shall be guilty of a Class 4 

felony. In addition to such other sanctions as may be deemed appropriate by the court, the person 

shall be subject to pay the railroad carrier involved for the cost to repair any railroad property 

damaged, and shall be fined not less than $1,000, nor more than $25,000, or imprisoned for not 

less than 1 year nor more than 3 years. 

(3) Local authorities shall impose fines as established in this subsection (b) for persons found in 

violation of this Section or any similar local ordinance. 

(c) Definitions. As used in this Section: 

“Bodily injury” means:

(i) a cut, abrasion, bruise, bump, or disfigurement; 

(ii) physical pain; 

(iii) illness; 

(iv) impairment of the function of a bodily member, organ, or mental faculty; or 

(v) any other injury to the body, no matter how temporary. 

“Railroad” means any form of nonhighway ground transportation that runs on rails or 

electromagnetic guideways, including: 

(i) commuter or other short-haul railroad passenger service in a metropolitan or urban area; and 
597 

(ii) high-speed ground transportation systems that connect metropolitan areas, but does not 

include rapid transit operations in an urban area that are not connected to the general railroad 

system of transportation. 

“Railroad carrier” means a person providing railroad transportation.

“Railroad property” means all tangible property owned, leased, or operated by a railroad carrier 

including a right of way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, 

warehouse, terminal, or any other structure, appurtenance, or equipment owned, leased, or used 

in the operation of any railroad carrier including trains, locomotives, engines, railroad cars, work 

equipment, rolling stock, or safety devices. “Railroad property” does not include a railroad 

carrier's administrative buildings or offices, office equipment, or intangible property such as 

software or other information. 

“Right of way” means the track or roadbed owned, leased, or operated by a rail carrier that is 

located on either side of its tracks and that is readily recognizable to a reasonable person as being 

railroad property or is reasonably identified as such by fencing or appropriate signs. 

“Yard” means a system of parallel tracks, crossovers, and switches where railroad cars are 

switched and made up into trains, and where railroad cars, locomotives, and other rolling stock is 

kept when not in use or when awaiting repair. 

“Serious bodily injury” means bodily injury that involves:

(i) a substantial risk of death; 

(ii) extreme physical pain; 

(iii) protracted and obvious disfigurement; or 

(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. 

625 Ill. Comp. Stat. Ann. 5/18c-7502 (West 2021) 

Indiana (1) 

*§ 9-21-4-4 Unauthorized traffic control devices; prohibition 

Sec. 4. A person may not place, maintain, or display upon or in view of a highway an 

unauthorized sign, signal, marking, or device that: (1) purports to be, is an imitation of, or 

resembles an official traffic control device or a railroad sign or signal; (2) attempts to direct the 

movement of traffic; or (3) hides from view or interferes with the effectiveness of an official 

traffic control device or a railroad sign or signal. 

Ind. Code Ann. § 9-21-4-4 (West 2021) 

Iowa (2) 

*§ 321.260. Interference with devices, signs, or signals--unlawful possession--traffic signal 

preemption devices 

1. a. A person who willfully and intentionally, without lawful authority, attempts to or in fact 

alters, defaces, injures, knocks down, or removes an official traffic-control device, an authorized 

warning sign or signal or barricade, whether temporary or permanent, a railroad sign or signal, an 

inscription, shield, or insignia on any of such devices, signs, signals, or barricades, or any other 

part thereof, shall, upon conviction, be guilty of a simple misdemeanor and shall be required to 

make restitution to the affected jurisdiction. In addition to any other penalties, the punishment 

imposed for a violation of this subsection shall include assessment of a fine of not less than two 

hundred fifty dollars. 
598 

b. A person who is convicted under paragraph “a” of an act relating to a stop sign or a yield sign 

may be required to complete community service in addition to making restitution to the affected 

jurisdiction. 

2. It shall be unlawful for any person to have in the person's possession any official trafficcontrol device except by legal right or authority. Any person convicted of unauthorized 

possession of any official traffic-control device shall upon conviction be guilty of a simple 

misdemeanor punishable as a scheduled violation under section 805.8A, subsection 8, paragraph 

“c”.

3. a. A person shall not sell, own, possess, or use a traffic signal preemption device except as 

permitted in connection with the lawful operation of an authorized emergency vehicle as defined 

in section 321.1 or as otherwise authorized by the jurisdiction owning and operating an official 

traffic control signal. A person who is convicted of the unauthorized sale, ownership, possession, 

or use of a traffic signal preemption device is guilty of a simple misdemeanor. In addition to any 

other penalties, the punishment imposed for a violation under this subsection shall include 

assessment of a fine of not less than two hundred fifty dollars, and if the violation involves the 

unauthorized use of a traffic signal preemption device, the person may also be required to 

complete community service. 

b. For purposes of this subsection, “traffic signal preemption device” means a device that, when 

activated, is capable of changing an official traffic control signal to green out of sequence. 

Iowa Code Ann. § 321.260 (West 2021) 

*§ 716.10. Railroad vandalism

1. A person commits railroad vandalism when the person does any of the following: 

a. Shoots, fires, or otherwise discharges a firearm or other device at a train or train component. 

b. Launches, releases, propels, casts, or directs a projectile, missile, or other device at a train or 

train component. 

c. Intentionally throws or drops an object on or onto a train or train component. 

d. Intentionally places or drops an object on or onto a railroad track. 

e. Without the consent of the railway corporation, takes, removes, defaces, alters, or obscures 

any of the following: 

(1) A railroad signal. 

(2) A train control system. 

(3) A train dispatching system. 

(4) A warning signal. 

(5) A highway-railroad grade crossing signal or gate. 

(6) A railroad sign, placard, or marker. 

f. Without the consent of the railway corporation, removes parts or appurtenances from, 

damages, impairs, disables, interferes with the operation of, or renders inoperable any of the 

following: 

(1) A railroad signal. 

(2) A train control system. 

(3) A train dispatching system. 

(4) A warning signal. 

(5) A highway-railroad grade crossing signal or gate. 

(6) A railroad sign, placard, or marker. 
599 

g. Without the consent of the railway corporation, taking, removing, disabling, tampering, 

changing, or altering a part or component of any operating mechanism or safety device of any 

train or train component. 

h. Without the consent of the railway corporation, takes, removes, tampers, changes, alters, or 

interferes with any of the following: 

(1) A railroad roadbed. 

(2) A railroad rail. 

(3) A railroad tie. 

(4) A railroad frog. 

(5) A railroad sleeper. 

(6) A railroad switch. 

(7) A railroad viaduct. 

(8) A railroad bridge. 

(9) A railroad trestle. 

(10) A railroad culvert. 

(11) A railroad embankment. 

(12) Any other structure or appliance which pertains or is appurtenant to a railroad. 

2. a. A person commits railroad vandalism in the first degree if the person intentionally commits 

railroad vandalism which results in the death of any person. Railroad vandalism in the first 

degree is a class “B” felony. However, notwithstanding section 902.9, subsection 1, paragraph 

“b”, the maximum sentence for a person convicted under this section shall be a period of 

confinement of not more than fifty years. 

b. A person commits railroad vandalism in the second degree if the person intentionally commits 

railroad vandalism which results in serious injury to any person. Railroad vandalism in the 

second degree is a class “B” felony.

c. A person commits railroad vandalism in the third degree if the person intentionally commits 

railroad vandalism which results in bodily injury to any person or results in property damage 

which costs more than ten thousand dollars to replace, repair, or restore. Railroad vandalism in 

the third degree is a class “C” felony.

d. A person commits railroad vandalism in the fourth degree if the person intentionally commits 

railroad vandalism which results in property damage which costs ten thousand dollars or less but 

more than one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in 

the fourth degree is a class “D” felony.

e. A person commits railroad vandalism in the fifth degree if the person intentionally commits 

railroad vandalism which results in property damage which costs more than seven hundred fifty 

dollars but does not exceed one thousand five hundred dollars to replace, repair, or 

restore. Railroad vandalism in the fifth degree is an aggravated misdemeanor. 

f. A person commits railroad vandalism in the sixth degree if the person intentionally commits 

railroad vandalism which results in property damage which costs more than three hundred 

dollars but does not exceed seven hundred fifty dollars to replace, repair, or restore. Railroad 

vandalism in the sixth degree is a serious misdemeanor. 

g. A person commits railroad vandalism in the seventh degree if the person intentionally 

commits railroad vandalism which results in property damage which costs three hundred dollars 

or less to replace, repair, or restore. Railroad vandalism in the seventh degree is a simple 

misdemeanor. 

3. For purposes of this section: 
600 

a. “Railway corporation” means a corporation, company, or person owning, leasing, or operating 

any railroad in whole or in part within the state. 

b. “Train” means a series of two or more train components which are coupled together in a line.

c. “Train component” means any locomotive, engine, tender, railroad car, passenger car, freight 

car, box car, tank car, hopper car, flatbed, container, work equipment, rail-mounted equipment, 

or any other railroad rolling stock. 

Iowa Code Ann. § 716.10 (West 2021) 

Kansas (3) 

§ 8-1513. Interference with official traffic-control devices or railroad signs or signals; 

misdemeanor 

No person, without lawful authority, shall attempt to or in fact alter, deface, injure, knock down 

or remove any official traffic-control device or any railroad sign or signal or any inscription, 

shield or insignia thereon, or any other part thereof. Violation of this section is a misdemeanor. 

Kan. Stat. Ann. § 8-1513 (West 2021) 

§ 21-5817. Tampering with a traffic signal; aggravated tampering with a traffic signal 

(a) Tampering with a traffic signal is knowingly manipulating, altering, destroying or removing 

any light, sign, marker, railroad switching device or other signal device erected or installed for 

the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or 

watercraft. 

(b) Aggravated tampering with a traffic signal is tampering with a traffic signal as defined in 

subsection 

(a) which creates an unreasonable risk of an accident causing the death or great bodily injury of 

any person. 

(c)(1) Tampering with a traffic signal is a class C misdemeanor. 

(2) Aggravated tampering with a traffic signal is a severity level 7, nonperson felony. 

(d) It shall not be necessary that an accident occurs for a person to be charged and convicted 

pursuant to subsection (b). 

(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, 

and punished for violating K.S.A. 21-5801 or 21-5802, and amendments thereto. 

Kan. Stat. Ann. § 21-5817 (West 2021) 

§ 21-5819. Throwing or otherwise casting objects onto street, highway or railroad right-ofway or railroad property 

(a) It is unlawful for any person to: 

(1) Recklessly throw, push, pitch or otherwise cast any rock, stone or other object, matter or 

thing onto a street, road, highway, railroad right-of-way, or upon any vehicle, engine or car or 

any train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock 

thereon; 

(2) violate subsection (a) and damage any vehicle, engine or car or any train, locomotive, 

railroad car, caboose, rail-mounted work equipment or rolling stock lawfully on the street, 

highway or railroad right-of-way by the thrown or cast rock, stone or other object; 

(3) violate subsection (a) and injure another person on the street, road, highway or railroad rightof-way; or 
601 

(4) violate subsection (a), damage a vehicle, engine or car or any train, locomotive, railroad car, 

caboose, rail-mounted work equipment or rolling stock and a person is injured as a result of the 

cast or thrown object or from injuries incurred as a result of damage to the vehicle in which a 

person was a passenger when struck by such object. 

(b)(1) Violation of subsection (a)(1) is a class B nonperson misdemeanor. (2) Violation of 

subsection (a)(2) is a class A nonperson misdemeanor. (3) Violation of subsection (a)(3) is a 

severity level 7, person felony. (4) Violation of subsection (a)(4) is a severity level 6, person 

felony. 

(c) In any case where a vehicle, engine or car or any train, locomotive, railroad car, caboose, railmounted work equipment or rolling stock is damaged as a result of a violation of subsection (a), 

the provisions of this section shall not bar conviction of the accused under any other offense in 

article 58 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto. An accused 

may be convicted for a violation of any other offense in article 58 of chapter 21 of the Kansas 

Statutes Annotated, and amendments thereto, or this section, but not under both. 

(d) In any case where a person dies or sustains bodily injury as a result of a violation of 

subsection (a), the provisions of this section shall not bar conviction of the accused under any 

other offense in article 54 of chapter 21 of the Kansas Statutes Annotated and K.S.A. 21-6418, 

and amendments thereto. An accused may be convicted for a violation of any other offense in 

article 54 of chapter 21 of the Kansas Statutes Annotated and K.S.A. 21-6418, and amendments 

thereto, or this section, but not under both. 

Kan. Stat. Ann. § 21-5819 (West 2021) 

Kentucky (1) 

§ 277.355 Prohibition against damage, disturbance, or disruption of railroads, trains, or 

tracks; penalties

(1) A person shall not knowingly drop or throw any object at, onto, or in the path of any railroad 

rail or track, locomotive, engine, railroad car, or other vehicle of a railroad company when it is 

on a railroad track. 

(2) An unauthorized person shall not climb upon or into any locomotive, railroad car, or other 

vehicle of a railroad company when it is on a railroad track. 

(3) An unauthorized person shall not disrupt, delay, or prevent the operation of any train or other 

vehicle of a railroad company when it is on a railroad track. 

(4) A person shall not knowingly deface, damage, obstruct, remove, or otherwise impair the 

operation of any railroad grade crossing warning signal or other protective device, including but 

not limited to any gate, bell, light, cross buck, stop sign, yield sign, advance warning sign, or 

advance pavement marking. 

(5) Except as provided in subsection (6) of this section, a person who violates any of the 

provisions of this section shall be guilty of a Class A misdemeanor. 

(6) (a) If a violation of this section causes damage to property in excess of one thousand dollars 

($1,000) or creates a substantial risk of serious physical injury to a person, as defined in KRS 

500.080, the violator shall be guilty of a Class D felony. 

(b) If a violation of this section causes physical injury to a person, as defined in KRS 500.080, 

the violator shall be guilty of a Class C felony. 

(c) If a violation of this section causes serious physical injury to a person, as defined in KRS 

500.080, the violator shall be guilty of a Class B felony. 
602 

Ky. Rev. Stat. Ann. § 277.355 (West 2021) 

Louisiana (2) 

§ 59. Criminal mischief 

A. Criminal mischief is the intentional performance of any of the following acts: 

(1) Tampering with any property of another, without the consent of the owner, with the intent to 

interfere with the free enjoyment of any rights of anyone thereto, or with the intent to deprive 

anyone entitled thereto of the full use of the property. 

(6) Throwing any stone or any other missile in any street, avenue, alley, road, highway, open 

space, public square, or enclosure, or throwing any stone, missile, or other object from any place 

into any street, avenue, road, highway, alley, open space, public square, enclosure, or at any 

train, railway car, or locomotive. 

(7) Taking temporary possession of any part or parts of a place of business, or remaining in a 

place of business after the person in charge of such business or portion of such business has 

directed such person to leave the premises and to desist from the temporary possession of any 

part or parts of such business. 

(9) The discharging of any firearm at a train, locomotive, or railway car. 

La. Stat. Ann. § 14:59 (2021) Excerpt from applicable statute published. 

*§ 321. Unauthorized signals to persons in charge of locomotives, railroad trains or 

railroad cars, prohibited; penalty 

A. No person without authority and in the absence of apparent danger shall, out of the spirit of 

mischief, or with any purpose other than to prevent or give information of an accident, make or 

cause to be made any signal to persons in charge of a locomotive, railroad train, or railroad cars, 

or to any of these persons or in their sight, with intent to cause the stopping of the locomotive, 

train, or cars. B. Whoever violates this Section shall be fined not less than ten dollars nor more 

than two hundred dollars or imprisoned for not more than three months. 

La. Stat. Ann. § 14:321 (2021) 

Maine (4) 

§ 1254. Penalties; jurisdiction 

Whoever unlawfully removes, injures or tampers with any warning, caution or directional sign, 

described in sections 59, 1251, 1252 and 1253-A, shall be punished by a fine of not less than $10 

nor more than $50. 

Me. Rev. Stat. Ann. tit. 23, § 1254 (2021) 

§ 2401. Tampering with railroad car 

Whoever willfully, mischievously or maliciously breaks the seal upon any freight car, or breaks 

and enters any railroad car, locomotive or work equipment on any railroad in the State, or 

destroys, injures, defiles or defaces any railroad car, locomotive or work equipment on any 

railroad in the State, or mischievously or maliciously releases the brakes upon, moves or sets in 

motion any railroad car, locomotive or work equipment on the track or sidetrack of any railroad 

in the State, shall be punished by a fine of not more than $500 or by imprisonment for not more 

than 2 years, and shall be liable to the corporation injured in a civil action for the amount of 

injury so done. 
603 

Me. Rev. Stat. Ann. tit. 17, § 2401 (2021) 

§ 7010. Changing switch or lights 

Whoever, without authority, alters, changes or in any manner interferes with any safety switch or 

switch lights on any railroad commits a Class E crime. 

Me. Rev. Stat. Ann. tit. 23, § 7010 (2021) 

§ 7011. Injuring or tampering with signals 

Whoever intentionally and without right injures, destroys or molests any signal of a railroad 

corporation, or any line, wire, post, lamp or other structure or mechanism used in connection 

with any signal on a railroad or destroys, or in any manner interferes with the proper working of, 

any signal on a railroad, shall be punished by a fine of not more than $500 or by imprisonment 

for not more than 2 years. 

Me. Rev. Stat. Ann. tit. 23, § 7011 (2021) 

Maryland (4) 

§ 6-502. Interference with railroad 

“Railroad” defined 

(a) In this section, “railroad” includes a switch, frog, rail, roadbed, tie, viaduct, bridge, trestle, 

culvert, embankment, structure, or appliance that pertains to or connects with a railroad. 

Prohibited 

(b) A person may not, with the intent to obstruct or derail a railroad vehicle in the State: 

(1) break or damage a railroad; or 

(2) place or cause anything to be placed on a railroad. 

Penalty 

(c) A person who violates this section is guilty of a felony and on conviction is subject to 

imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both. 

Md. Code Ann., Crim. Law § 6-502 (West 2021) 

§ 6-504. Giving a false train signal 

Prohibited 

(a) A person may not give a train signal to start a stopped train or to stop a moving train unless 

the person is an authorized employee of a railroad company. 

Penalty 

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to 

imprisonment not exceeding 6 months. 

Md. Code Ann., Crim. Law § 6-504 (West 2021) 

§ 6-505. Striking railroad vehicle with object 

Railroad defined 

(a) In this section, “railroad” has the meaning stated in § 1-101 of the Public Utilities Article. 

Prohibited 

(b) A person may not willfully and maliciously strike a railroad vehicle on a railroad or on an 

electric railway in the State by: 

(1) shooting or throwing an object at the railroad vehicle; or 
604 

(2) causing an object to fall on the railroad vehicle. 

Penalty 

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to 

imprisonment not exceeding 5 years or a fine not exceeding $1,000 or both. 

Md. Code Ann., Crim. Law § 6-505 (West 2021) 

*§ 21-206. Actions prohibited relating to traffic control devices or railroad signs or signals 

Alteration or interference with traffic control devices or railroad signs or signals 

(a) A person without lawful authority may not willfully alter, or interfere with the operation of, 

any traffic control device or any railroad sign or signal, including any inscription, shield, or 

insignia on it. 

Defacement of traffic control device or railroad signs or signals 

(b) A person without lawful authority may not willfully deface any traffic control device or any 

railroad sign or signal, including any inscription, shield, or insignia on it. 

Injury to traffic control device or railroad signs or signals 

(c) A person without lawful authority may not willfully injure any traffic control device or any 

railroad sign or signal, including any inscription, shield, or insignia on it. 

Knocking down traffic control devices or railroad signs or signals 

(d) A person without lawful authority may not willfully knock down any traffic control device or 

any railroad sign or signal, including any inscription, shield, or insignia on it. 

Wilfully change direction of traffic control device or railroad signs or signals 

(e) A person without lawful authority may not willfully change the direction of any traffic 

control device or any railroad sign or signal, including any inscription, shield, or insignia on it. 

Twisting of traffic control device or railroad signs or signals 

(f) A person without lawful authority may not willfully twist any traffic control device or any 

railroad sign or signal, including any inscription, shield, or insignia on it. 

Removal of part of traffic control device or railroad signs or signals 

(g) A person without lawful authority may not willfully remove any part of any traffic control 

device or any railroad sign or signal, including any inscription, shield, or insignia on it. 

Possession with intent to use device to alter or interfere with operation of traffic control device or 

railroad sign or signal 

(h) A person without lawful authority may not possess, with an intent to use, any device capable 

of transmitting an infrared, electronic, or other signal to a traffic control device or a railroad sign 

or signal for the purpose of altering or otherwise interfering with the operation of the traffic 

control device or a railroad sign or signal. 

Fines and penalties 

(i) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 

months or a fine not exceeding $500 or both. 

Md. Code Ann., Transp. § 21-206 (West 2021) 

Massachusetts (2) 

§ 103. Injury to signals, tracks, cars, etc. 

Whoever unlawfully and intentionally injures, molests or destroys any signal of a railroad 

corporation or railway company, or any line, wire, post or other structure or mechanism used in 

connection with such signal, or prevents or in any way interferes with the proper working of such 
605 

signal, or whoever unlawfully and intentionally injures, molests, meddles or tampers with or 

destroys a track, car, motor bus or trackless trolley vehicle or any part, appliance or appurtenance 

thereof, of a railroad corporation or railway company, or the mechanism or apparatus used in the 

operation of any such car, motor bus or trackless trolley vehicle, or whoever without right 

operates any such car, motor bus or trackless trolley vehicle or any mechanism or appliance 

thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for 

not more than two years, or both. 

Mass. Gen. Laws Ann. ch. 159, § 103 (West 2021) 

§ 146. Damaging warning signs; penalty 

Any person who unlawfully removes, throws down, injures or defaces any such sign shall be 

punished by a fine of not more than ten dollars, to the use of the county, city or town placing and 

maintaining the sign, or of the commonwealth, if the sign is placed and maintained by the 

department of highways. 

Mass. Gen. Laws Ann. ch. 160, § 146 (West 2021) 

Michigan (3) 

*§ 462.257. Causing or attempting to cause derailment or endangering or attempting to 

endanger lives; penalties 

Sec. 257. (1) A person who causes or attempts to cause the derailment of an engine, cars, or track 

vehicle used on railroad tracks by placing an impediment on the track of a railroad, whether the 

engine, cars, or track vehicle are thrown from the track or not, or who by any other means 

whatsoever willfully endangers or attempts to endanger the lives of persons engaged in the work 

of the railroad, or persons traveling on the engine or cars of the railroad, is guilty of a felony 

punishable by imprisonment for life or any term of years, in the discretion of the court. It is not 

necessary for the people to allege or prove that the person intended to injure or endanger the life 

of any particular person or persons. 

(2) A person who throws a stone, brick, or other missile at a train or track vehicle is guilty of a 

misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or 

imprisonment for not more than 90 days, or both. 

Mich. Comp. Laws Ann. § 462.257 (West 2021) 

§ 750.394. Throwing, propelling or dropping of dangerous object at train or motor vehicle 

Sec. 394. (1) A person shall not throw, propel, or drop a stone, brick, or other dangerous 

object at a passenger train, sleeping car, passenger coach, express car, mail car, baggage car, 

locomotive, caboose, or freight train or at a street car, trolley car, or motor vehicle. 

(2) A person who violates this section is guilty of a crime as follows: 

(a) Except as provided in subdivisions (b), (c), and (d), the person is guilty of a misdemeanor 

punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or 

both. 

(b) Except as provided in subdivision (c), (d), or (e), if the violation causes property damage, the 

person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine 

of not more than $500.00, or both. 
606 

(c) If the violation causes injury to any person, other than serious impairment or death, the 

person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not 

more than $2,000.00, or both. 

(d) If the violation causes serious impairment to any person, the person is guilty of a felony 

punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or 

both. 

(e) If the violation causes death to any person, the person is guilty of a felony punishable by 

imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both. 

(3) A criminal penalty provided for under this section may be imposed in addition to any penalty 

that may be imposed for any other criminal offense arising from the same conduct or for any 

contempt of court arising from the same conduct. 

(4) As used in this section, “serious impairment” means that term as defined in section 58c of the 

Michigan vehicle code, 1949 PA 300, MCL 257.58c. 

Mich. Comp. Laws Ann. § 750.394 (West 2021) 

§ 750.511. Attempt to wreck train or endanger safety of passengers 

Sec. 511. Attempt to wreck railroad trains or endanger safety of passengers--Any person who 

shall place upon any railroad any timber, stone, iron or other obstruction, or who shall change 

any switch or track, or who shall loosen or displace any rail of the track of such railroad, or who 

shall change the brakes upon any car or cars standing on any railroad track in this state or who 

shall break down or displace, destroy or injure any bridge, culvert or embankment of any 

railroad, or do any other act with intent to endanger the safety of any person traveling or being 

upon such railroad, or to throw from such railroad any locomotive, tender, or car moving along 

the track of such railroad, on which shall be any person or property liable to be injured thereby, 

shall be guilty of a felony, punishable by imprisonment in the state prison for life or for any term 

of years. 

Mich. Comp. Laws Ann. § 750.511 (West 2021) 

Minnesota (4) 

§ 169.08. Unlawful to possess, alter, deface, or remove sign 

No person shall, without lawful authority, possess, or attempt to or in fact alter, deface, injure, 

knock down, or remove any official traffic-control device or any railroad sign or signal or any 

inscription, shield, or insignia thereon, or any other part thereof. A person who voluntarily 

notifies a law enforcement agency that the person is in possession of such an article, and who 

returns the article within ten days after gaining possession thereof, shall not be subject to 

prosecution for such possession. 

Minn. Stat. Ann. § 169.08 (West 2021) 

§ 169.073. Prohibited light or signal 

(a) No person or corporation shall place, maintain or display any red light or red sign, signal, or 

lighting device or maintain it in view of any highway or any line of railroad on or over which 

trains are operated in such a way as to interfere with the effectiveness or efficiency of any 

highway traffic-control device or signals or devices used in the operation of a railroad. Upon 

written notice from the commissioner of transportation, a person or corporation maintaining or 

owning or displaying a prohibited light shall promptly remove it, or change the color of it to 
607 

some other color than red. Where a prohibited light or sign interferes with the effectiveness or 

efficiency of the signals or devices used in the operation of a railroad, the Department of 

Transportation may cause the removal of it and the department may issue notices and orders for 

its removal. The department shall proceed as provided in sections 216.13, 216.14, 216.15, 

216.16, and 216.17, with a right of appeal to the aggrieved party in accordance with chapter 14. 

(b) No person or corporation shall maintain or display any light after written notice from the 

commissioner of transportation that the light constitutes a traffic hazard and that the 

commissioner has ordered the removal thereof. 

Minn. Stat. Ann. § 169.073 (West 2021) 

§ 219.30. Injuring, destroying sign 

It is unlawful for a person to maliciously injure, remove, displace, deface, or destroy the signs or 

signals provided for in sections 219.16 to 219.30. 

Minn. Stat. Ann. § 219.30 (West 2021) 

§ 609.85. Crimes against railroad employees and property; penalty 

Subdivision 1. Intent to cause derailment. Whoever throws or deposits any type of debris, waste 

material, or other obstruction on any railroad track or whoever causes damage or causes another 

person to damage, tamper, change or destroy any railroad track, switch, bridge, trestle, tunnel, 

signal or moving equipment used in providing rail services, with intention to cause injury, 

accident or derailment, is guilty of a felony. 

Subd. 2. Foreseeable risk. Whoever intentionally throws or deposits any type of debris, waste 

material, or other obstruction on any railroad track or whoever intentionally causes damage or 

causes another person to damage, tamper, change or destroy any railroad track, switch, bridge, 

trestle, tunnel, signal or moving equipment used in providing rail services, which creates a 

reasonably foreseeable risk of any injury, accident or derailment, is guilty of a gross 

misdemeanor. 

Subd. 3. Shooting at train. Whoever intentionally shoots a firearm at any portion of a railroad 

train, car, caboose, engine or moving equipment so as to endanger the safety of another is guilty 

of a gross misdemeanor. 

Subd. 4. Throwing objects at train. Whoever intentionally throws, shoots or propels any stone, 

brick or other missile at any railroad train, car, caboose, engine or moving equipment, so as to 

endanger the safety of another is guilty of a gross misdemeanor. 

Subd. 5. Placing obstruction on track. Whoever places an obstruction on a railroad track is guilty 

of a misdemeanor. 

Minn. Stat. Ann. § 609.85 (West 2021) Excerpt from applicable statute published. 

Mississippi (9) 

§ 65-7-23. Signs, traffic control devices, memorials, cultural or historical markers; 

damaging; offense: penalties 

(1) Any person willfully defacing, removing, marring, damaging or destroying any sign or guide 

board, including any railroad crossing sign or flasher signal, or other traffic control device 

erected as provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable 

for the actual cost of replacing or repairing such sign and shall be fined not less than Two 

Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in 
608 

the county jail not more than six (6) months, or be punished by both such fine and imprisonment. 

If the offender is a minor, the parents of such minor shall be civilly liable in accordance with 

Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device. 

(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any 

person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, 

underpass or overpass. 

(3) Any person who violates subsection (1) of this section regarding a memorial, other historical 

or cultural marker or sign, the value of which is Five Hundred Dollars ($500.00) or more, shall 

be guilty of a misdemeanor, and, upon conviction, shall be imprisoned in the county jail for up to 

six (6) months or fined up to One Thousand Dollars ($1,000.00), or both. Such person shall also 

be ordered to make full restitution. 

Miss. Code. Ann. § 65-7-23 (West 2021) 

§ 97-15-1. Destruction of signs, posts or boards 

(1) Any person who shall willfully destroy, deface, mar, damage, pull down or remove any 

milepost, signboard, or index board, or road number, or railroad crossing sign or flasher signal, 

or other traffic control device shall, on conviction thereof, be liable for the actual cost of 

replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) 

nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than 

six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, 

the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual 

cost of replacing or repairing the sign, signal or device. 

(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any 

person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, 

underpass or overpass. 

Miss. Code. Ann. § 97-15-1 (West 2021) 

§ 97-25-5. Destruction of railroad signs or gates 

If any person shall willfully obliterate, injure or destroy any railroad-gate, warning-signals, 

cattle-gap or any board or sign erected or maintained by a railroad company in pursuance of law, 

he shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred 

Dollars ($500.00), or be imprisoned in the county jail not exceeding three (3) months, or both. In 

addition, any person who is convicted for a violation of this section shall be ordered by the court 

to make restitution to the owners or operators of the railroad line or property in an amount 

determined by the court to compensate for all damages caused by such person and all costs 

related to cleanup necessitated as a result of such person's unlawful conduct. 

Miss. Code. Ann. § 97-25-5 (West 2021) 

§ 97-25-21. Obstruction of railroad 

If any person shall wantonly or negligently obstruct or injure any railroad, on conviction, he shall 

be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars 

($2,000.00), or imprisoned not longer than twelve (12) months in the county jail, or both. 

Miss. Code. Ann. § 97-25-21 (West 2021) 

§ 97-25-23. Derailing railroad cars 
609 

If any person shall wantonly or maliciously injure, or place any impediment or obstruction on 

any railroad, or do any other act by means of which any car or vehicle might be caused to 

diverge, or be derailed, or thrown from the track, such person, on conviction, shall be committed 

to the custody of the department of corrections for a term of not less than one (1) year nor more 

than ten (10) years, and the penalty provided in this section shall apply to any engineer, 

conductor, switchman, brakeman, train dispatcher or telegraph operator who shall wilfully or 

negligently cause the derailment or collision of a passenger train. 

Miss. Code. Ann. § 97-25-23 (West 2021) 

§ 97-25-25. Unlawful running of locomotive 

If any person shall unlawfully seize upon any locomotive and run it away, or shall aid, abet or 

procure the doing of the same, he shall, upon conviction, be fined not less than five hundred 

dollars ($500.00) nor more than one thousand dollars ($1,000.00), or imprisoned in the county 

jail not exceeding six (6) months, or both. 

Miss. Code. Ann. § 97-25-25 (West 2021) 

§ 97-25-27. Interference with train signals 

If any person, without authority and in the absence of apparent danger warranting such act, shall, 

out of a spirit of mischief, or with any purpose other than to prevent or give information of an 

accident, make, or cause to be made, any sign or signal to persons in charge of any locomotive, 

or railroad train or cars, or to any of such persons, or in sight of any of them, with intent to cause 

the stopping or starting of such locomotive, train, or cars; or if any person unlawfully interfere 

with the management or running of such locomotive, train, or cars on any railroad, the person so 

offending shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one 

hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or shall be imprisoned 

in the county jail not exceeding three (3) months. 

Miss. Code. Ann. § 97-25-27 (West 2021) 

§ 97-25-35. Theft or interference with railroad communications 

If any person shall maliciously remove, take, steal, change or in any manner interfere with any 

railroad transmission line, signaling device, microwave tower or any of the parts or attachments 

belonging to any communication or signaling device owned, leased or used by any railroad or 

transportation company, he shall, on conviction, be fined not more than Three Thousand Dollars 

($3,000.00), or shall be imprisoned not more than five (5) years, or both. In addition, any person 

who is convicted for a violation of this section shall be ordered by the court to make restitution to 

the owners or operators of the railroad line or property in an amount determined by the court to 

compensate for all damages caused by such person and all costs related to cleanup necessitated 

as a result of such person's unlawful conduct. 

Miss. Code. Ann. § 97-25-35 (West 2021) 

§ 97-25-47. Shooting or throwing at transportation vehicles or facilities 

If any person or persons shall wilfully shoot any firearms or hurl any missile at, or into, any 

train, bus, truck, motor vehicle, depot, station, or any other transportation facility, such person 

shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor 

more than two hundred fifty dollars ($250.00), or be committed to the custody of the department 
610 

of corrections not less than one (1) year nor more than five (5) years, or by both such fine and 

imprisonment. 

Miss. Code. Ann. § 97-25-47 (West 2021) 

Missouri (1) 

*§ 571.030. Unlawful use of weapons--exceptions--penalties 

1. A person commits the offense of unlawful use of weapons, except as otherwise provided by 

sections 571.101 to 571.121, if he or she knowingly: 

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor 

vehicle as defined in section 302.010, or any building or structure used for the assembling of 

people 

Mo. Ann. Stat. § 571.030 (West 2021) Excerpt from applicable statute published. 

Montana (4) 

§ 61-8-706. Removal of unauthorized sign 

(1) An unauthorized sign, emblem, marker, or traffic control device or portion thereof 

encroaching into, over, or upon a right-of-way of a state highway or controlled-access highway is 

a public nuisance, and the department may remove it or cause it to be removed without notice 

and without liability for the removal. 

(2) Every sign, signal, or marking prohibited by 61-8-210 is hereby declared to be a public 

nuisance and the authority having jurisdiction over the highway is hereby empowered to remove 

the same or cause it to be removed without notice. 

Mont. Code Ann. § 61-8-706 (West 2021) 

§ 61-8-712. Penalty for erection of unauthorized sign 

The erection of a sign, emblem, marker, or traffic control device in violation of 61-8-203 is a 

misdemeanor, punishable by a fine of not less than $25 or more than $300. 

Mont. Code Ann. § 61-8-712 (West 2021) 

§ 61-8-713. Injury to or removal of sign or marker as misdemeanor—penalty

 (1) A person who maliciously injures, defaces, damages, or removes any sign, signal, or marker, 

either temporarily or permanently erected on the right-of-way of any secondary, state, or 

interstate highway for warning, instruction, or information of the public, is guilty of a 

misdemeanor and upon conviction shall be punished by a fine of $250, by imprisonment in the 

county jail for a period not exceeding 60 days, or both. This section applies to secondary, state, 

or interstate highways that are completed and to secondary, state, or interstate highways that are 

under construction or repair. 

(2) A person may not, without lawful authority, attempt to or in fact alter, deface, injure, knock 

down, or remove any official traffic control device or any railroad sign or signal or any 

inscription, shield, or insignia on or part of the sign or device. 

(3) As used in this section, “railroad sign or signal” means any sign, signal, or device erected by 

authority of a public body or official or by a railroad and intended to give notice of the presence 

of railroad tracks or the approach of a railroad train or other on-track equipment. 

Mont. Code Ann. § 61-8-713 (West 2021) 
611 

§ 69-14-1205. Intentional vandalism to railroad property 

(1) A person commits the offense of intentional vandalism to railroad property if the person 

knowingly or purposely vandalizes railroad property. 

(2) A person convicted of intentional vandalism to railroad property must be ordered to make 

restitution to the railroad carrier in the amount of the cost to repair any railroad property 

damaged, the cost of any train or shipment delay, and the cost of any accident or damage 

resulting from the vandalism. 

(3)(a) A person convicted of the offense of intentional vandalism to railroad property in which 

the damage to railroad property does not exceed $1,000 and in which there is no bodily injury to 

another person as a result of the offender's actions shall be fined an amount not to exceed $1,000 

or be incarcerated in the county jail for a term not to exceed 6 months, or both. 

(b) A person convicted of the offense of intentional vandalism to railroad property in which the 

damage to railroad property exceeds $1,000 or in which there is bodily injury to another person 

as a result of the offender's actions shall be fined an amount not to exceed $10,000 or be 

incarcerated for a term not to exceed 10 years, or both. 

(c) A person convicted of the offense of intentional vandalism to railroad property that results in 

serious bodily injury to another person as a result of the offender's actions shall be fined an 

amount not to exceed $20,000 or be incarcerated in a state prison for a term not to exceed 20 

years, or both. 

(d) A person convicted of the offense of intentional vandalism to railroad property that results in 

the death of another person as a result of the offender's actions shall be fined an amount not to 

exceed $50,000 or be incarcerated in a state prison for a term not to exceed 40 years, or both. 

Mont. Code Ann. § 69-14-1205 (West 2021) 

Nebraska (1) 

*§ 60-6,129. Interference with official traffic control devices or railroad signs or signals; 

prohibited; liability in civil action 

(1) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock 

down, or remove any traffic control device, any railroad sign or signal, or any part of such a 

device, sign, or signal. 

(2) Any person who moves, alters, damages, or destroys warning devices placed upon roads 

which the Department of Transportation or any local authority or its representative has closed in 

whole or in part for the protection of the public or for the protection of the highway from damage 

during construction, improvement, or maintenance operation and thereby causes injury or death 

to any person or damage to any property, equipment, or material thereon shall be liable, subject 

to sections 25-21,185 and 25-21,185.07 to 25-21,185.12, for the full or allocated amount of such 

death, injury, or damage, and such amount may be recovered by the injured or damaged party or 

his or her legal representative in a civil action brought in any court of competent jurisdiction. 

Neb. Rev. Stat. Ann. § 60-6,129 (West 2021) 

Nevada (6) 

*§ 202.285. Discharging firearm at or into structure, vehicle, aircraft or watercraft; 

penalties 

1. A person who willfully and maliciously discharges a firearm at or into any house, room, 

apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, 
612 

vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or 

tender: 

(a) If it has been abandoned, is guilty of a misdemeanor unless a greater penalty is provided in 

NRS 202.287. 

(b) If it is occupied, is guilty of a category B felony and shall be punished by imprisonment in 

the state prison for a minimum term of not less than 1 year and a maximum term of not more 

than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. 

2. Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, 

semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot 

with reasonable certainty be ascertained in what county the crime was committed, the offender 

may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle 

trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during 

which the firearm was discharged at or into it. 

Nev. Rev. Stat. Ann. § 202.285 (West 2021) 

§ 206.300. False signals endangering cars, vessels or motors 

A person who, in such a manner as might, if not discovered, endanger a vessel, railway engine, 

motor, train or car, shows, masks, extinguishes, alters or removes any light or signal, or exhibits 

any false light or signal, shall be punished: 

1. Where physical injury or property damage results therefrom, for a category B felony by 

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum 

term of not more than 10 years, and may be further punished by a fine of not more than $10,000. 

2. Otherwise, for a gross misdemeanor. 

Nev. Rev. Stat. Ann. § 206.300 (West 2021) 

*§ 484B.317. Interference with official device for control of traffic or sign or signal for 

railroad prohibited; additional penalty for violation committed in work zone or pedestrian 

safety zone 

1. A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or 

remove any official traffic-control device or any railroad sign or signal or any inscription, shield 

or insigne thereon, or any other part thereof. 

2. A person who violates any provision of this section may be subject to any additional penalty 

set forth in NRS 484B.130 or 484B.135. 

Nev. Rev. Stat. Ann. § 484B.317 (West 2021) 

§ 705.450. Penalty for willful obstruction or delay of train 

Every person who shall willfully obstruct, hinder or delay the passage of any car lawfully 

operated upon any railway shall be guilty of a misdemeanor 

Nev. Rev. Stat. Ann. § 705.450 (West 2021) 

§ 705.460. Penalty for unlawful obstruction or destruction of track, equipment or devices 

A person who willfully and maliciously places any obstruction on the track of any railroad in this 

State, or tears up or removes any part or portion of a railroad, or destroys, deranges, misplaces or 

injures any rail, switch, block or other signaling device, culvert, viaduct, bridge, car, tender or 

engine, or willfully and maliciously does or attempts to do any of those things, or any other act 
613 

or thing, whereby the life and limb of a person may be endangered, is guilty of a category C 

felony and shall be punished as provided in NRS 193.130. 

Nev. Rev. Stat. Ann. § 705.460 (West 2021) 

§ 705.480. Tampering with railroad property; penalty 

1. It is unlawful for any person without authority to: 

(a) Willfully uncouple or detach any locomotive, tender or any car of any railroad train, either 

when standing or in motion on any track of any railroad. 

(b) Take off the brake of any railroad car, tender or train. 

(c) Put in motion any locomotive, tender, car or train. 

2. It is unlawful for any person to: 

(a) Throw any stone, rock, missile, or any substance at any railroad train, car, locomotive or 

tender, or any part of any train. 

(b) Wrongfully injure, deface or damage the same or any part thereof. 

3. Any person violating any provision of this section is guilty of a public offense, as prescribed 

in NRS 193.155, proportionate to the value of the property damaged, and in no event less than a 

misdemeanor. 

Nev. Rev. Stat. Ann. § 705.480 (West 2021) 

New Hampshire (1) 

*§ 265:15 Interference With Traffic Devices, Signs, or Signals. 

I. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock 

down other than accidentally, remove, or possess any of the following items, or any part thereof, 

which have been previously installed by lawful authority: 

(a) Any official control device; or 

(b) Any railroad sign or signal; or 

(c) Any inscription, shield or insignia found on any of the above. 

II. (a) No person shall use or attempt to use any device designed or intended to change, disrupt, 

or interfere with the operation of a traffic signal. 

(b) A person shall be guilty of a misdemeanor if convicted under this paragraph. 

(c) This paragraph shall not apply to the following persons, who shall be permitted to use traffic 

signal preemption technology for emergency response purposes: 

(1) Federal, state, or local law enforcement personnel while in the course of their official duties. 

(2) Firefighters while in the course of their official duties. 

(3) Emergency medical services personnel while in the course of their official duties. 

(4) State or municipal department of transportation or highway personnel while in the course of 

their official duties. 

(d) The exemptions set forth in subparagraphs (c)(1)-(c)(4) shall only apply to such personnel 

when they are operating licensed ambulances, licensed fire apparatus, or government-owned 

vehicles. 

(e) This paragraph shall not apply to personnel operating fixed-route public transportation buses 

while in regularly-scheduled service, who shall be permitted to use traffic signal prioritization 

technology for congestion management purposes. 

III. The fine for a violation of this section shall be $150.N.H. 

N.H. Rev. Stat. Ann. § 265:15 (2021) 
614 

New Jersey (2) 

§ 2C:33-14. Interference with transportation 

a. Interference with Transportation. A person is guilty of interference with transportation if the 

person purposely or knowingly: 

(1) casts, shoots or throws anything at, against or into any vehicle, including, but not limited to, a 

bus, light rail vehicle, railroad locomotive, railroad car, jitney, trolley car, subway car, ferry, 

airplane, or other facility of transportation; or 

(2) casts, shoots, throws or otherwise places any stick, stone, object or other substance upon any 

street railway track, trolley track or railroad track; or 

(3) endangers or obstructs the safe operation of motor vehicles by casting, shooting, throwing or 

otherwise placing any stick, stone, object or other substance upon any highway or roadway; or 

(4) unlawfully climbs into or upon any light rail vehicle, railroad locomotive or railroad car, 

either in motion or standing on the track of any railroad company in this State; or 

(5) unlawfully disrupts, delays or prevents the operation of any vehicle, including, but not 

limited to, a bus, light rail vehicle, railroad locomotive, train, bus, jitney, trolley, subway, 

airplane or any other facility of transportation. The term “unlawfully disrupts, delays or prevents 

the operation of” does not include non-violent conduct growing out of a labor dispute as defined 

in N.J.S.2A:15-58; or 

(6) endangers or obstructs the safe operation of motor vehicles by using a traffic control 

preemption device to interfere with or impair the operation of a traffic control signal as defined 

in R.S.39:1-1; or 

(7) shines, points or focuses a laser lighting device beam, directly or indirectly, upon a person 

operating any vehicle, including, but not limited to, a bus, light rail vehicle, railroad locomotive, 

railroad car, jitney, trolley car, subway car, ferry, airplane, or other facility of transportation. As 

used in this paragraph, “laser lighting device” means a device which emits a laser beam that is 

designed to be used by the operator as a pointer or highlighter to indicate, mark or identify a 

specific position, place, item or object. 

As used in this subsection, “traffic control preemption device” means an infrared transmitter or 

other device which transmits an infrared beam, radio wave or other signal designed to change, 

alter, or disrupt in any manner the normal operation of a traffic control signal. 

b. Interference with transportation is a disorderly persons offense. 

c. Interference with transportation is a crime of the fourth degree if the person purposely, 

knowingly or recklessly causes bodily injury to another person or causes pecuniary loss in excess 

of $500 but less than $2,000. 

d. Interference with transportation is a crime of the third degree if the person purposely, 

knowingly or recklessly causes significant bodily injury to another person or causes pecuniary 

loss of $2,000 or more, or if the person purposely or knowingly creates a risk of significant 

bodily injury to another person. 

e. Interference with transportation is a crime of the second degree if the person purposely, 

knowingly or recklessly causes serious bodily injury to another person. 

N.J. Stat. Ann. § 2C:33-14 (West 2021) 

§ 2C:33-14.1. Vandalizing railroad warning signals or protection devices 

a. Any person who purposely, knowingly or recklessly defaces, damages, obstructs, removes or 

otherwise impairs the operation of any railroad crossing warning signal or protection device, 

including, but not limited to safety gates, electric bell, electric sign or any other alarm or 
615 

protection system authorized by the Commissioner of Transportation, which is required under 

the provisions of R.S.48:12-54 or R.S.48:2-29, or any other railroad property or equipment, other 

than administrative buildings, offices or equipment, shall, for a first offense, be guilty of a crime 

of the fourth degree; however, if the defacement, damage, obstruction, removal or impediment of 

the crossing warning signal or protection device, property or equipment recklessly causes bodily 

injury or pecuniary loss of $2000 or more, the actor is guilty of a crime of the third degree, or if 

it recklessly causes a death or serious bodily injury, the actor is guilty of a crime of the second 

degree. 

b. A person convicted of a violation of this section that involves an act of graffiti may, in 

addition to any other penalty imposed by the court, be required to pay to the owner of the 

damaged property monetary restitution in the amount of the pecuniary damage caused by the act 

of graffiti and to perform community service, which shall include removing the graffiti from the 

property, if appropriate. If community service is ordered, it shall be for either not less than 20 

days or not less than the number of days necessary to remove the graffiti from the property. As 

used in this section, “act of graffiti” means the drawing, painting or making of any mark or 

inscription on public or private real or personal property without the permission of the owner. 

N.J. Stat. Ann. § 2C:33-14.1 (West 2021) 

New Mexico (0) 

No applicable statute related to this topic 

New York (3) 

§ 145.50 Penalties for littering on railroad tracks and rights-of-way 

1. No person shall throw, dump, or cause to be thrown, dumped, deposited or placed upon any 

railroad tracks, or within the limits of the rights-of-way of any railroad, any refuse, trash, 

garbage, rubbish, litter or any nauseous or offensive matter. 

2. Where a highway or road lies in whole or part within a railroad rights-of-way, nothing in this 

section shall be construed as prohibiting the use in a reasonable manner of ashes, sand, salt or 

other material for the purpose of reducing the hazard of, or providing traction on snow, ice or 

sleet situated on such highway or road. 

3. A violation of the provisions of subdivision one of this section shall be punishable by a fine 

not to exceed two hundred fifty dollars and/or a requirement to perform services for a public or 

not-for-profit corporation, association, institution or agency not to exceed eight hours and for any 

second or subsequent violation by a fine not to exceed five hundred dollars and/or a requirement 

to perform services for a public or not-for-profit corporation, association, institution or agency 

not to exceed eight hours. 

4. Nothing in this section shall be deemed to apply to a railroad or its employees when matter 

deposited by them on the railroad tracks or rights-of-way is done pursuant to railroad rules, 

regulations or procedures. 

N.Y. Penal Law § 145.50 (McKinney 2021) 

§ 53-d. Unlawful propulsion of a missile at railroad trains 

A person is guilty of unlawful propulsion of a missile at a railroad train where he willfully with 

intent to cause personal injury or property damage throws, shoots or propels a rock, stone, brick, 

or piece of iron, steel or other metal or any deadly or dangerous missile or fire bomb at any 
616 

locomotive or car of a train which is occupied by any person or persons. Unlawful propulsion of 

a missile at a railroad train is a violation; provided, however, that such classification shall not 

apply in any case where an offense having a higher classification for the purpose of sentence, is 

charged under any other provision of law. 

N.Y. R.R. Law § 53-d (McKinney 2021) 

§ 53-e. Unlawful interference with a railroad train 

A person is guilty of unlawful interference with a railroad train when he wilfully with intent to 

disrupt, delay, or disturb service, places, causes to be placed, drops, or positions an object or 

objects of any kind, on, under, or upon the tracks which does or could cause physical damage to 

railroad equipment or property or physical injury to passengers or both. 

Unlawful interference with a railroad train is a class D felony; provided, however, that such 

classification shall not apply in any case in which an offense having a higher classification for 

the purpose of sentence is charged under any other provision of law. 

N.Y. R.R. Law § 53-e (McKinney 2021) 

North Carolina (4) 

§ 14-278. Willful injury to property of railroads 

It shall be unlawful for any person to willfully, with intent to cause injury to any person passing 

over the railroad or damage to the equipment traveling on such road, put or place any matter or 

thing upon, over or near any railroad track, or destroy, injure, tamper with, or remove the 

roadbed, or any part thereof, or any rail, sill or other part of the fixtures appurtenant to or 

constituting or supporting any portion of the track of such railroad, and the person so offending 

shall be punished as a Class I felon. 

N.C. Gen. Stat. Ann. § 14-278 (West 2021) 

§ 14-279. Unlawful injury to property of railroads 

Any person who, without intent to cause injury to any person or damage to equipment, commits 

any of the acts referred to in G.S. 14-278 shall be guilty of a Class 2 misdemeanor. 

N.C. Gen. Stat. Ann. § 14-279 (West 2021) 

§ 14-279.1. Unlawful impairment of operation of railroads 

Any person who, without authorization of the affected railroad company, shall willfully do or 

cause to be done any act to railroad engines, equipment, or rolling stock so as to impede or 

prevent movement of railroad trains or so as to impair the operation of railroad equipment shall 

be guilty of a Class 2 misdemeanor. 

N.C. Gen. Stat. Ann. § 14-279.1 (West 2021) 

§ 14-280. Shooting or throwing at trains or passengers 

If any person shall willfully cast, throw or shoot any stone, rock, bullet, shot, pellet or other 

missile at, against, or into any railroad car, locomotive or train, or any person thereon, while such 

car or locomotive shall be in progress from one station to another, or while such car, locomotive 

or train shall be stopped for any purpose, the person so offending shall be guilty of a Class I 

felony. 
617 

N.C. Gen. Stat. Ann. § 14-280 (West 2021) 

North Dakota (3) 

*§ 12.1-21-06. Tampering with or damaging a critical infrastructure facility or a public 

service--Penalty 

1. An individual may not cause a substantial interruption or impairment of a critical 

infrastructure facility or a public service by: 

a. Tampering with or damaging the tangible property of another; 

b. Incapacitating an operator of a critical infrastructure facility or a public service; 

c. Damaging, destroying, vandalizing, defacing, or tampering with equipment in a critical 

infrastructure facility; 

d. Damaging, destroying, vandalizing, defacing, impeding, inhibiting, or tampering with the 

operations of a critical infrastructure facility; or 

e. Interfering, inhibiting, impeding, or preventing the construction or repair of a critical 

infrastructure facility. 

2. A violation of this section is a class C felony if the actor engages in the conduct intentionally 

and a class A misdemeanor if the actor engages in the conduct knowingly or recklessly. 

Otherwise it is a class B misdemeanor. 

3. This section does not apply to an employee or contractor acting within the scope of the 

employee's or contractor's employment. As used in this subsection, “employee or contractor” 

means any person hired or under contract to provide services to a critical infrastructure facility or 

public service. 

4. An organization that has pled guilty or been convicted of a violation under section 12.1-06-

04 for conspiring with an individual who has pled guilty or been convicted under subsection 1 

must be assessed a fine equivalent to the penalty authorized by subsection 2 for each individual 

who has pled guilty or been convicted under subsection 1, not to exceed one hundred thousand 

dollars. 

5. This section may not be construed to prevent or prohibit lawful assembly and peaceful and 

orderly petition for the redress of grievances, including a labor dispute between an employer and 

its employee. 

6. As used in this section, “critical infrastructure facility” includes:

a. A petroleum or alumina refinery; 

b. An electrical power generating facility, substation, switching station, electrical control center, 

or electric power line and associated equipment infrastructure; 

c. A chemical, polymer, or rubber manufacturing facility; 

d. A drinking water source, water transmission line, water treatment plant, water distribution 

system, ground water monitoring well, waste water treatment plant, or waste water collection 

system; 

e. A natural gas compressor station; 

f. A liquid natural gas terminal or storage facility; 

g. Wireline telecommunications and internet infrastructure, including central offices, fiber optic 

lines, cable lines, and all additional equipment associated with the provision of broadband or 

telecommunication services; 

h. Wireless telecommunications infrastructure, including a cell tower, telephone pole or line, 

including a fiber optic line; 
618 

i. A port, railroad switching yard, railroad track, trucking terminal, or other freight transportation 

facility; 

j. A gas processing plant, including a plant used in the processing, treatment, or fractionation of 

natural gas or a natural gas liquid; 

k. A transmission facility used by a federally licensed radio or television station; 

l. A steel-making facility using an electric arc furnace to make steel; 

m. A facility identified and regulated by the United States department of homeland security 

chemical facility anti-terrorism standards program; 

n. A dam regulated by the state or federal government; 

o. A natural gas transmission or distribution utility facility, including a pipeline interconnection, 

a city gate or town border station, a metering station, below or aboveground piping, a regulator 

station, and a natural gas storage facility; 

p. A crude oil or refined product storage and distribution facility, including a valve site, pipeline 

interconnection, pump station, metering station, below or aboveground pipeline or piping, and a 

truck loading or offloading facility; 

q. Any below or aboveground portion of an oil, gas, hazardous liquid, or chemical pipeline, tank, 

railroad facility, or other storage facility; 

r. An oil and gas production site; and 

s. A site or location designated or approved for the construction of a facility described in this 

subsection. 

N.D. Cent. Code Ann. § 12.1-21-06 (West 2021) 

§ 24-01-12. Regulation of advertising signs on highways

No person, firm, corporation, or limited liability company may place, put, or maintain any sign, 

billboard, or advertisement within the limits of a public highway, or in any manner paint, print, 

place, put, or affix, or cause to be painted, printed, placed, or affixed, any advertisement on or to 

any stone, tree, fence, stump, pole, mileboard, milestone, danger sign, danger signal, guide sign, 

guidepost, billboard, building, or other object within the limits of a public highway, or place, put 

or maintain any sign or billboard upon private property within one thousand feet [304.8 meters] 

of any highway grade crossing in such place or manner as to obstruct or interfere with a free and 

clear view of such crossing from any highway or railroad intersecting thereat. None of the 

provisions of this section prohibit the placing of public notices on billboards erected for that 

purpose by authority of the governing body of a municipality. Any advertisement in or upon a 

public highway or private property which, in the judgment of the director, may be deemed to be 

a hazard to traffic, or in the future may tend to create a hazard to traffic, may be taken down, 

removed, or destroyed by direction or authority of the department in the case of the state 

highway system, by the board of county commissioners in the case of the county road system, 

and by the board of township supervisors in the case of township roads. 

N.D. Cent. Code Ann. § 24-01-12 (West 2021) 

§ 49-10.1-08. Tampering, altering, or damaging railroad property--Penalty 

Every unauthorized person who unlawfully tampers with, alters, or damages any railroad track, 

track mechanism, or signal, semaphore, or sign, or masks any light or signal, or exhibits any 

false light or signal with intent to endanger any person or damage property, shall be guilty of a 

class C felony. 
619 

N.D. Cent. Code Ann. § 49-10.1-08 (West 2021) 

Ohio (3) 

*§ 2909.07 Criminal mischief 

(A) No person shall: 

(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise 

improperly tamper with either of the following: 

(a) The property of another; 

(b) One's own residential real property with the purpose to decrease the value of or enjoyment of 

the residential real property, if both of the following apply: 

(i) The residential real property is subject to a mortgage. 

(ii) The person has been served with a summons and complaint in a pending residential mortgage 

loan foreclosure action relating to that real property. As used in this division, “pending” includes 

the time between judgment entry and confirmation of sale. 

(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas 

device, stink bomb, smoke generator, or other device releasing a substance that is harmful or 

offensive to persons exposed or that tends to cause public alarm; 

(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise 

improperly tamper with a bench mark, triangulation station, boundary marker, or other survey 

station, monument, or marker; 

(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise 

improperly tamper with any safety device, the property of another, or the property of the 

offender when required or placed for the safety of others, so as to destroy or diminish its 

effectiveness or availability for its intended purpose; 

(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on 

the land of another or place personal property that has been set on fire on the land of another, 

which fire or personal property is outside and apart from any building, other structure, or 

personal property that is on that land; 

(6) Without privilege to do so, and with intent to impair the functioning of any computer, 

computer system, computer network, computer software, or computer program, knowingly do 

any of the following: 

(a) In any manner or by any means, including, but not limited to, computer hacking, alter, 

damage, destroy, or modify a computer, computer system, computer network, computer 

software, or computer program or data contained in a computer, computer system, computer 

network, computer software, or computer program; 

(b) Introduce a computer contaminant into a computer, computer system, computer network, 

computer software, or computer program. 

(7) Without privilege to do so, knowingly destroy or improperly tamper with a critical 

infrastructure facility. 

(B) As used in this section: 

(1) ”Safety device” means any fire extinguisher, fire hose, or fire axe, or any fire escape, 

emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, 

or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or 

emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any 

traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or 
620 

survival equipment, or any other device, apparatus, or equipment intended for protecting or 

preserving the safety of persons or property. 

(2) “Critical infrastructure facility” has the same meaning as in section 2911.21 of the Revised 

Code. 

(3) “Improperly tamper” means to change the physical location or the physical condition of the 

property. 

(C)(1) Whoever violates this section is guilty of criminal mischief, and shall be punished as 

provided in division (C)(2), (3), or (4) of this section. 

(2) Except as otherwise provided in this division, criminal mischief committed in violation of 

division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the third degree. Except as 

otherwise provided in this division, if the violation of division (A)(1), (2), (3), (4), or (5) of this 

section creates a risk of physical harm to any person, criminal mischief committed in violation of 

division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the first degree. If the 

property involved in the violation of division (A)(1), (2), (3), (4), or (5) of this section is an 

aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any 

other equipment, implement, or material used or intended to be used in the operation of an 

aircraft, or any cargo carried or intended to be carried in an aircraft, criminal mischief committed 

in violation of division (A)(1), (2), (3), (4), or (5) of this section is one of the following: 

(a) If the violation creates a risk of physical harm to any person, except as otherwise provided in 

division (C)(2)(b) of this section, criminal mischief committed in violation of division (A)(1), 

(2), (3), (4), or (5) of this section is a felony of the fifth degree. 

(b) If the violation creates a substantial risk of physical harm to any person or if the property 

involved in a violation of this section is an occupied aircraft, criminal mischief committed in 

violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth degree. 

(3) Except as otherwise provided in this division, criminal mischief committed in violation of 

division (A)(6) of this section is a misdemeanor of the first degree. Except as otherwise provided 

in this division, if the value of the computer, computer system, computer network, computer 

software, computer program, or data involved in the violation of division (A)(6) of this section or 

the loss to the victim resulting from the violation is one thousand dollars or more and less than 

ten thousand dollars, or if the computer, computer system, computer network, computer 

software, computer program, or data involved in the violation of division (A)(6) of this section is 

used or intended to be used in the operation of an aircraft and the violation creates a risk of 

physical harm to any person, criminal mischief committed in violation of division (A)(6) of this 

section is a felony of the fifth degree. If the value of the computer, computer system, computer 

network, computer software, computer program, or data involved in the violation of division 

(A)(6) of this section or the loss to the victim resulting from the violation is ten thousand dollars 

or more, or if the computer, computer system, computer network, computer software, computer 

program, or data involved in the violation of division (A)(6) of this section is used or intended to 

be used in the operation of an aircraft and the violation creates a substantial risk of physical harm 

to any person or the aircraft in question is an occupied aircraft, criminal mischief committed in 

violation of division (A)(6) of this section is a felony of the fourth degree. 

(4) Criminal mischief committed in violation of division (A)(7) of this section is a felony of the 

third degree. 

Ohio Rev. Code Ann. § 2909.07 (West 2021) 
621 

*§ 2909.10 Railroad vandalism; criminal trespass on locomotive, engine, railroad car, or 

other railroad vehicle; interference with operation of train 

(A) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the 

path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a 

railroad company while such vehicle is on a railroad track. 

(B) No person, without privilege to do so, shall climb upon or into any locomotive, engine, 

railroad car, or other vehicle of a railroad company when it is on a railroad track. 

(C) No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any 

train or other vehicle of a railroad company while such vehicle is on a railroad track. 

(D) Whoever violates division (A) of this section is guilty of railroad vandalism. Whoever 

violates division (B) of this section is guilty of criminal trespass on a locomotive, engine, 

railroad car, or other railroad vehicle. Whoever violates division (C) of this section is guilty of 

interference with the operation of a train. 

Except as otherwise provided in this division, railroad vandalism; criminal trespass on a 

locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of 

a train each is a misdemeanor of the first degree. Except as otherwise provided in this division, if 

the violation of division (A), (B), or (C) of this section causes serious physical harm to property 

or creates a substantial risk of physical harm to any person, the violation is a felony of the fourth 

degree. Except as otherwise provided in this division, if the violation of division (A), (B), or (C) 

of this section causes physical harm to any person, the violation is a felony of the third degree. If 

the violation of division (A), (B), or (C) of this section causes serious physical harm to any 

person, the violation is a felony of the second degree. 

Ohio Rev. Code Ann. § 2909.10 (West 2021) 

§ 2909.101 Railroad grade crossing device vandalism

(A) No person shall knowingly deface, damage, obstruct, remove, or otherwise impair the 

operation of any railroad grade crossing warning signal or other protective device, including any 

gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement 

marking. 

(B) Whoever violates this section is guilty of railroad grade crossing device vandalism. Except as 

otherwise provided in this division, railroad grade crossing device vandalism is a misdemeanor 

of the first degree. Except as otherwise provided in this division, if the violation of this section 

causes serious physical harm to property or creates a substantial risk of physical harm to any 

person, railroad grade crossing device vandalism is a felony of the fourth degree. Except as 

otherwise provided in this division, if the violation of this section causes physical harm to any 

person, railroad grade crossing device vandalism is a felony of the third degree. If the violation 

of this section causes serious physical harm to any person, railroad grade crossing device 

vandalism is a felony of the second degree. 

Ohio Rev. Code Ann. § 2909.101 (West 2021) 

Oklahoma (4) 

§ 1751. Railroads, injuries to 

Any person who maliciously, wantonly or negligently either: 

1. Removes, displaces, injures or destroys any part of any railroad, or railroad equipment, 

whether for steam or horse cars, or any track of any railroad, or of any branch or branchway, 
622 

switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, 

or any part thereof, attached to or connected with any railroad; or 

2. Places any obstruction upon the rails or tracks of any railroad, or any branch, branchway, or 

turnout connected with any railroad, shall be guilty of a felony punishable by imprisonment in 

the State Penitentiary not exceeding four (4) years or in a county jail not less than six (6) months. 

Okla. Stat. Ann. tit. 21, § 1751 (West 2021) 

§ 1752.1. Trespass upon or interference with railroad property 

A. Any person shall be guilty of a misdemeanor if the person: 1. Without consent of the owner or 

the owner's agent, enters or remains on railroad property, knowing that it is railroad property; 2. 

Throws an object at a train, or rail-mounted work equipment; or 3. Maliciously or wantonly 

causes in any manner the derailment of a train, railroad car or rail-mounted work equipment. 

B. Any person shall be guilty of a felony if the person commits an offense specified in subsection 

A of this section which results in a demonstrable monetary loss, damage or destruction of 

railroad property when said loss is valued at more than One Thousand Five Hundred Dollars 

($1,500.00) or results in bodily injury to a person. Any person shall be guilty of a felony if the 

person discharges a firearm or weapon at a train, or rail-mounted work equipment. 

C. Any person violating the misdemeanor provisions of this section shall be deemed guilty of a 

misdemeanor and upon conviction shall be punished by imprisonment in the county jail not 

exceeding one (1) year or by a fine not exceeding One Thousand Dollars ($1,000.00), or both 

such fine and imprisonment. Any person violating the felony provisions of this section shall be 

deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the State 

Penitentiary not exceeding four (4) years. If personal injury results, such person shall be 

punished by imprisonment in the State Penitentiary. 

D. Subsection A of this section shall not be construed to interfere with the lawful use of a public 

or private crossing. 

E. Nothing in this section shall be construed as limiting a representative of a labor organization 

which represents or is seeking to represent the employees of the railroad, from conducting such 

business as provided under the Railway Labor Act, 45 U.S.C., Section 151 et seq. 

F. As used in this section “railroad property” includes, but is not limited to, any train, 

locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, 

safety device, switch, electronic signal, microwave communication equipment, connection, 

railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated 

or possessed by a railroad. 

Okla. Stat. Ann. tit. 21, § 1752.1 (West 2021) 

§ 1767.1. Use or threat to use explosive, incendiary device, or simulated bomb to damage or 

injure persons or property 

A. Any person who shall willfully or maliciously commit any of the following acts shall be 

deemed guilty of a felony: 

1. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other 

vehicle, vessel, railroad, railway car, or locomotive or structure, any explosive or incendiary 

device with unlawful intent to destroy, throw down, or injure, in whole or in part, such property, 

or conspire, aid, counsel or procure the destruction of any building, public or private, or any car, 

truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure; or 
623 

2. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other 

vehicle, vessel, railroad, railway car, or locomotive or structure, any explosive or incendiary 

device with intent to destroy, throw down, or injure in whole or in part, under circumstances that, 

if such intent were accomplished, human life or safety would be endangered thereby; or 

3. By the explosion of any explosive or the igniting of any incendiary device destroy, throw 

down, or injure any property of another person, or cause injury to another person; or 

4. Manufacture, sell, transport, or possess any explosive, the component parts of an explosive, an 

incendiary device, or simulated bomb with knowledge or intent that it or they will be used to 

unlawfully kill, injure or intimidate any person, or unlawfully damage any real or personal 

property; or 

5. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other 

vehicle, vessel, railroad, railway car, or locomotive or structure, any foul, poisonous, offensive or 

injurious substance or compound, explosive, incendiary device, or simulated bomb with intent to 

wrongfully injure, molest or coerce another person or to injure or damage the property of another 

person; or 

6. Injure, damage or attempt to damage by an explosive or incendiary device any person, 

persons, or property, whether real or personal; or 

7. Make any threat or convey information known to be false, concerning an attempt or alleged 

attempt to kill, injure or intimidate any person or unlawfully damage any real or personal 

property by means of an explosive, incendiary device, or simulated bomb; or 

8. Manufacture, sell, deliver, mail or send an explosive, incendiary device, or simulated bomb to 

another person; or 

9. While committing or attempting to commit any felony, possess, display, or threaten to use any 

explosive, incendiary device, or simulated bomb. 

B. Nothing contained herein shall be construed to apply to, or repeal any laws pertaining to, the 

acts of mischief of juveniles involving no injurious firecrackers or devices commonly called 

“stink bombs”. 

Okla. Stat. Ann. tit. 21, § 1767.1 (West 2021) 

§ 1778. Train signal light, removing or masking--False light or signal 

Any person who unlawfully masks, alters or removes any light or signal, or willfully exhibits any 

false light or signal, with intent to bring any locomotive or any railway car or train of cars into 

danger, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not 

exceeding ten (10) years and not less than three (3) years. 

Okla. Stat. Ann. tit. 21, § 1778 (West 2021) 

Oregon (1) 

§ 164.365. Criminal mischief in the first degree 

(1) A person commits the crime of criminal mischief in the first degree who, with intent to 

damage property, and having no right to do so nor reasonable ground to believe that the person 

has such right: 

(a) Damages or destroys property of another: 

(A) In an amount exceeding $1,000; 

(B) By means of an explosive; 
624 

(C) By starting a fire in an institution while the person is committed to and confined in the 

institution; 

(D) Which is a livestock animal as defined in ORS 164.055; 

(E) Which is the property of a public utility, telecommunications carrier, railroad, public 

transportation facility or medical facility used in direct service to the public; or 

(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a 

public utility, telecommunications carrier, railroad, public transportation facility or medical 

facility; or 

(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, 

telecommunications carrier, railroad, public transportation facility or medical facility used in 

direct service to the public so as to interfere with its efficiency. 

(2) As used in subsection (1) of this section: 

(a) “Institution” includes state and local correctional facilities, mental health facilities, juvenile 

detention facilities and state training schools. 

(b) “Medical facility” means a health care facility as defined in ORS 442.015, a licensed 

physician's office or anywhere a licensed medical practitioner provides health care services. 

(c) “Public utility” has the meaning provided for that term in ORS 757.005 and includes any 

cooperative, people's utility district or other municipal corporation providing an electric, gas, 

water or other utility service. 

(d) “Railroad” has the meaning provided for that term in ORS 824.020. 

(e) “Public transportation facility” means any property, structure or equipment used for or in 

connection with the transportation of persons for hire by rail, air or bus, including any railroad 

cars, buses or airplanes used to carry out such transportation. 

(f) “Telecommunications carrier” has the meaning given that term in ORS 133.721. 

(3) Criminal mischief in the first degree is a Class C felony. 

Or. Rev. Stat. Ann. § 164.365 (West 2021) 

Pennsylvania (1) 

§ 3304. Criminal mischief 

(a) Offense defined.--A person is guilty of criminal mischief if he: 

(1) damages tangible property of another intentionally, recklessly, or by negligence in the 

employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title 

(relating to causing or risking catastrophe); 

(2) intentionally or recklessly tampers with tangible property of another so as to endanger person 

or property; 

(3) intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; 

(4) intentionally defaces or otherwise damages tangible public property or tangible property of 

another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or 

similar marking device; 

(5) intentionally damages real or personal property of another; or 

(6) intentionally defaces personal, private or public property by discharging a paintball gun or 

paintball marker at that property. 

(b) Grading.--Criminal mischief is a felony of the third degree if the actor intentionally causes 

pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public 

communication, transportation, supply of water, gas or power, or other public service. It is a 

misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of 
625 

$1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary 

loss in excess of $500 or causes a loss in excess of $150 for a violation of subsection (a)(4). 

Otherwise criminal mischief is a summary offense. 

(c) Definition.--As used in this section, the term “graffiti” means an unauthorized inscription, 

word, figure, mark or design which is written, marked, etched, scratched, drawn or painted. 

18 Pa. Stat. and Cons. Stat. Ann. § 3304 (West 2021) 

Rhode Island (4) 

§ 11-36-1. Hindering passage of trains--Placing explosives near highways, buildings, or 

tracks 

Every person who shall willfully place upon any railroad track any substance or thing with intent 

to hinder or impede the passage of any locomotive engine or car over the railroad, or shall 

willfully do any other act, matter, or thing, with intent to hinder, impede, or interrupt the passage 

of the locomotive engine or car, or whoever willfully throws into, against, or upon, or puts, 

places, or explodes, or causes to be exploded, in, upon or near a public highway, building, 

monument, bridge, railroad track, or car on it, or vessel, any gunpowder or other explosive 

substance, or a bombshell, torpedo, or any instrument or package filled or loaded with an 

explosive substance, with intent unlawfully to destroy or injure the highway, building, 

monument, bridge, railroad track, car, or vessel, or any person or property, in, on or near the 

highway, building, monument, highway, bridge, railroad track, car, or vessel, shall be imprisoned 

not less than two (2) years nor more than twenty (20) years, or be fined not exceeding ten 

thousand dollars ($10,000), or both. 

11 R.I. Gen. Laws Ann. § 11-36-1 (West 2021) 

§ 11-36-3. Throwing missiles at train 

Whoever willfully throws or shoots a missile at a locomotive engine, railroad, or street railway 

car, or other means of public conveyance, or at a person on the engine or car or conveyance, or in 

any way assaults or interferes with a conductor, engineer, brake operator, driver, or motor 

operator while in discharge of his or her duty on or near a railroad engine, car, or train, or on or 

near a street railway car or other means of public conveyance, shall be fined not more than five 

hundred dollars ($500) or be imprisoned not more than one year. Any violation of the provisions 

of this section which results in a personal injury to an employee or passenger shall be considered 

a felony, punishable by a fine of not less than five hundred dollars ($500) nor more than one 

thousand dollars ($1,000), or imprisonment in the state prison not exceeding three (3) years, or 

both. 

11 R.I. Gen. Laws Ann. § 11-36-3 (West 2021) 

§ 11-36-4. Injuring railroad signals or signal lines 

Whoever unlawfully and intentionally injures, molests, or destroys any electric or other signal of 

a railroad corporation, or any line, wire, post, or other structure or mechanism used in connection 

with a signal on a railroad, or destroys, or in any way interferes with, the proper working of the 

signal, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment 

not exceeding two (2) years. 

11 R.I. Gen. Laws Ann. § 11-36-4 (West 2021) 
626 

§ 11-36-13. Tampering with railroad switches 

Whoever unlawfully removes, turns, destroys, or tampers with any railroad switch or in any way 

interferes with the proper working of a switch shall be punished by a fine not exceeding one 

thousand dollars ($1,000), or by imprisonment not exceeding three (3) years, or both. 

11 R.I. Gen. Laws Ann. § 11-36-13 (West 2021) 

South Carolina (9) 

§ 56-5-1030. Interference with traffic-control devices or railroad signs or signals 

prohibited. 

(A) No person shall wilfully without lawful authority attempt to or in fact alter, deface, injure, 

knock down, or remove an official traffic-control device or a railroad sign or signal or its 

inscriptions, shields, or insignia. 

(B) A person violating the provisions of this section is guilty of a felony and, upon conviction, 

must be: 

(1) fined not less than one thousand dollars or imprisoned not more than five years, or both. The 

driver's license of a person convicted under this section must be revoked for not less than five 

years. In any case where a license has not been issued, the person is not eligible to obtain a 

license for five years from the date of conviction; 

(2) fined not less than one thousand dollars or imprisoned not more than ten years if injury 

results; 

(3) imprisoned not more than thirty years if death results 

S.C. Code Ann. § 56-5-1030 (2021) 

§ 58-15-820. Wilful obstruction of railroad or electric railway. 

A person who wilfully does or causes an action, or aids or assists an action with intent to obstruct 

any engine, carriage, or car passing upon a railroad or with intent to endanger the safety of 

persons within these vehicles is guilty of a felony and, upon conviction, must be imprisoned not 

more than five years or fined not more than five hundred dollars. For each offense he shall forfeit 

to the corporation treble the amount of damages proved to have been sustained, to be recovered 

in an action in a court of competent jurisdiction. 

S.C. Code Ann. § 58-15-820 (2021) 

§ 58-15-830. Placing explosives on railroad rails. 

It shall be unlawful for any unauthorized person to place any explosive substance whatever upon 

the rail of any railroad, whether operated by steam, electricity or otherwise, in this State and any 

person who violates the provisions of this section or aids or assists therein shall be guilty of a 

misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not more than one 

hundred dollars or to imprisonment not exceeding thirty days, in the discretion of the court or 

magistrate. 

S.C. Code Ann. § 58-15-830 (2021) 

§ 58-15-840. Taking or removing brasses, bearings, waste or packing from railroad cars. 

Any person who shall wilfully and maliciously or with intent to steal or to injure, take or remove 

the brasses, bearings, waste or packing from out any journal box or boxes of any locomotive, 

engine, tender, carriage, coach, car, caboose or truck used or operated upon any railroad, whether 
627 

the same be operated by steam or electricity, shall be guilty of a misdemeanor and, upon 

conviction thereof, shall be punished by imprisonment in the Penitentiary or labor on the chain 

gang for a period of not less than six months nor more than two years or fined not less than fifty 

dollars nor more than two hundred dollars. 

S.C. Code Ann. § 58-15-840 (2021) 

§ 58-15-850. Breaking and entering or shooting into cars. 

Whoever breaks and enters, in the night, any railroad or electric railway car or enters in the night 

without breaking, breaks and enters in the daytime or shoots with any firearm into any railroad or 

electric railway car, with intent to commit the crime of larceny or any other crime, shall, in 

addition to any other punishment prescribed by law for such offense, be punished by 

imprisonment in the State Penitentiary not exceeding ten years or by fine not exceeding five 

hundred dollars. 

S.C. Code Ann. § 58-15-850 (2021) 

§ 58-15-860. Injuring or destroying electric signals or other structures or mechanisms. 

Whoever unlawfully and intentionally injures, molests or destroys any of the electric signals of a 

railroad or electric railway corporation or any of the lines, wires, posts, or any other structure or 

mechanism used in connection with such signals on any railroad or electric railway or destroys 

or in any way interferes with the proper working of such signals shall be guilty of a misdemeanor 

and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or by 

imprisonment not exceeding two years, or both. 

S.C. Code Ann. § 58-15-860 (2021) 

*§ 58-15-870. Injury to railroad or electric railway; penalties. 

(A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise 

injure a railroad or electric railway, including anything appertaining to the railroad or electric 

railway or any material or instrument for the construction of the railroad or electric railway. 

(B) A person who violates this section is guilty of a misdemeanor, and, upon conviction, must be 

fined not less than one thousand dollars, or imprisoned not more than five years, or both. 

(C) A person who violates this section resulting in the endangerment of another person's life or 

great bodily injury to another person is guilty of a felony, and, upon conviction, must be 

imprisoned not more than twenty years. “Great bodily injury” means bodily injury which creates 

a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or 

impairment of the function of any bodily member or organ. 

(D) A person who violates this section resulting in the death of another person is guilty of a 

felony, and, upon conviction, must be imprisoned not more than thirty years. 

(E) In addition to the penalties provided by subsections (B), (C), and (D), except in the case of an 

electric railway, the person shall forfeit to the railroad company for each offense treble the 

damages proved to have been sustained to be recovered in a tort action in the railroad company's 

name. 

S.C. Code Ann. § 58-15-870 (2021) 

§ 58-15-890. Use in advertisement of cross usually used as crossing sign by railroads. 
628 

It shall be unlawful for any person to use for advertising purposes the kind of a cross usually 

used as a crossing sign by steam and electric railroads. Any violation of the provisions of this 

section shall be punishable by a fine of not more than one hundred dollars or imprisonment for 

not more than thirty days. 

S.C. Code Ann. § 58-15-890 (2021) 

§ 58-17-4100. Penalty for shooting or throwing at trains. 

A person who wilfully discharges any kind of firearms or throws any kind of missile at or into 

the engine or any car of a train is guilty of a felony and, upon conviction, must be fined not more 

than five hundred dollars or imprisoned not more than five years. 

S.C. Code Ann. § 58-17-4100 (2021) 

South Dakota (6) 

§ 22-34-27. Throwing substance upon public ways or at vehicles as misdemeanor 

Any person who, with intent to cause damage, deposits, throws, or propels any substance upon 

any highway, roadway, runway, or railroad tracks, or at any vehicle while such vehicle is either 

in motion or stationary, is guilty of a Class 1 misdemeanor. 

S.D. Codified Laws § 22-34-27 (2021) 

§ 49-16A-90. Tampering with light or signal--False light or signal--Felony 

Any person who unlawfully masks, alters, or removes a light or signal, or intentionally exhibits a 

false light or signal with intent to bring a locomotive, railroad car, or train of cars into danger is 

guilty of a Class 4 felony. 

S.D. Codified Laws § 49-16A-90 (2021) 

§ 49-16A-106. Tampering with journal boxes a felony 

Any person who intentionally takes or removes the waste or packing or brass from any journal 

box of any locomotive, engine, tender, carriage, coach, caboose, or truck used or operated or 

capable of being used or operated on a railroad, is guilty of a Class 5 felony. 

S.D. Codified Laws § 49-16A-106 (2021) 

§ 49-16A-107. Malicious destruction of railroad property a felony 

Any person who maliciously removes, displaces, injures, or destroys any part of a railroad, any 

track of a railroad, any branch, switch, turnout, bridge, viaduct, culvert, embankment, station 

house, or other structure or fixture, or any part thereof, attached to or connected with a railroad, 

is guilty of a Class 6 felony. 

S.D. Codified Laws § 49-16A-107 (2021) 

§ 49-16A-108. Malicious obstruction of tracks a felony 

Any person who maliciously places an obstruction on the rails or track of a railroad, or any 

branch, or turnout connected with a railroad, is guilty of a Class 6 felony. 

S.D. Codified Laws § 49-16A-108 (2021) 
629 

§ 49-16A-109. Punishment for malicious interference with railroad where death results 

If death results from any violation of § 49-16A-107 or 49-16A-108 the offender is guilty of a 

Class 5 felony. 

S.D. Codified Laws § 49-16A-109 (2021) 

Tennessee (3) 

*§ 39-14-408. Vandalism 

(a) For purposes of this section: 

(1) “Damage” includes, but is not limited to: 

(A) Destroying, polluting, or contaminating property; 

(B) Tampering with property and causing pecuniary loss or substantial inconvenience to the 

owner or a third person; 

(C) Intentionally spilling, pouring, or otherwise administering chemicals or other toxic 

substances to or on the merchandise with the intent to: 

(i) Render the merchandise unusable or unsellable; or 

(ii) Alter the merchandise from its original or intended form; 

(D) Destroying, harming, or decreasing the value of merchandise offered for sale by a retail 

merchant in any other manner; or 

(E) Intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state 

or local government property or any entrance or curtilage to or fixture on the property, with the 

exception of temporary marking of sidewalks; 

(2) “Merchandise” includes any goods, chattels, foodstuffs, or wares of any type of description, 

regardless of the value; 

(3) “Polluting” means the contamination by man-made or man-induced alteration of the 

chemical, physical, biological, or radiological integrity of the atmosphere, water, or soil to the 

material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator 

residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, 

radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and 

industrial, municipal, and agricultural waste; 

(4) “Retail merchant” means any person primarily engaged in the business of making retail sales. 

For purposes of this subdivision (a)(4), “primarily” means that at least fifty percent (50%) of the 

taxable gross sales of the business are retail sales; and 

(5) “Retail sale” or “sale at retail” means any sale other than a wholesale sale. 

(b) A person commits the offense of vandalism who knowingly: 

(1) Causes damage to or the destruction of any real or personal property of another or of the 

state, the United States, any county, city, or town knowing that the person does not have the 

owner's effective consent; 

(2) Solicits, directs, aids, or attempts to aid another to commit vandalism of a retail merchant, 

while acting with the intent to promote or assist the commission of vandalism of a retail 

merchant, or to benefit in the proceeds or results of the offense; 

(3) Damages merchandise offered for retail sale by a retail merchant; or 

(4) Facilitates commission of vandalism of a retail merchant or acts as an accessory after the fact 

to vandalism of a retail merchant. 

(c)(1)(A) A person violating subdivision (b)(1) or (b)(3) is a principal under § 39-11-401 and 

shall be punished as for theft under § 39-14-105, after determining value under § 39-11-106. 
630 

(B) In addition to any sentence imposed for a violation of subdivision (b)(1) or (b)(3), the court 

shall include an order of restitution for any property damage or loss or cleaning and restoration 

expenses incurred as a result of the offense. 

(2) A person violating subdivision (b)(2) is a principal under § 39-11-402 and shall be punished 

as for theft under § 39-14-105, after determining value under § 39-11-106. 

(3) A person violating subdivision (b)(4) by facilitating a felony act of vandalism committed 

under subdivision (b)(1) or (b)(3), shall be punished one 

(1) classification lower than the value of the act of vandalism committed under subdivision (b)(1) 

or (b)(3). 

(4) A person violating subdivision (b)(4) as an accessory after the fact, under § 39-11-411, to a 

felony act of vandalism committed under subdivision (b)(1) or (b)(3) commits a Class E felony. 

(5) Notwithstanding subdivision (c)(1)(A), a person violating subdivision (b)(1) by intentionally 

marring, marking upon, or defacing, in a temporary or permanent manner, state or local 

government property or any entrance or curtilage to or fixture on state or local government 

property, where the value determination under § 39-11-106 is less than two thousand five 

hundred dollars ($2,500), commits a Class A misdemeanor, unless the state or local government 

property is designated as a historic landmark or listed on the national register of historic places, 

in which case the violation shall be punished in accordance with subdivision (c)(1). In addition, a 

second or subsequent violation of subdivision (b)(1) with respect to state or local government 

property shall be punished by a mandatory fine of five thousand dollars ($5,000).

Tenn. Code Ann. § 39-14-408 (West 2021) 

*§ 39-14-411. Critical infrastructure vandalism 

(a) A person who knowingly destroys, injures, interrupts, or interferes with critical infrastructure 

or its operation commits the offense of critical infrastructure vandalism. 

(b) As used in this section, “critical infrastructure” includes, but is not limited to, the 

infrastructure of the following services to the general public: 

(1) Telephone, telegraph, television, internet, or other telecommunication services; 

(2) Electric, heat, natural gas, or other power or energy services; 

(3) The distribution of crude or refined liquid petroleum products or natural gas, and the 

pipelines, pumping stations, terminals, and equipment necessary for operation of the facility; 

(4) Water, wastewater, or sewer services; and 

(5) Railroads and other transportation services. 

(c) The critical infrastructure of a utility or company is included in this section whether the 

critical infrastructure is in operation, idle, or under construction. 

(d) A violation of this section shall be punished as theft under § 39-14-103, and graded in 

accordance with § 39-14-105. However, in no event shall punishment for a violation of this 

section be less than a Class E felony. 

Tenn. Code Ann. § 39-14-411 (West 2021) 

§ 39-14-413. Common carriers; throwing or shooting objects 

(a) It is an offense for a person to intentionally throw, hurl or project a stone or other hard 

substance, or shoot a missile, at a train, locomotive, railway car, caboose, street railway car, bus, 

motorcycle, steam vessel or other watercraft used for carrying passengers or freight on any of the 

waters within or bordering on this state. 

(b) A violation of subsection (a) is a Class B misdemeanor. 
631 

Tenn. Code Ann. § 39-14-413 (West 2021) 

Texas (5) 

*§ 28.07. Interference with Railroad Property 

(a) In this section: 

(1) “Railroad property” means: 

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, 

switch, or connection that is owned, leased, operated, or possessed by a railroad; or 

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad. 

(2) “Tamper” means to move, alter, or interfere with railroad property. 

(b) A person commits an offense if the person: 

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work 

equipment; or 

(2) without the effective consent of the owner: 

(A) enters or remains on railroad property, knowing that it is railroad property; 

(B) tampers with railroad property; 

(C) places an obstruction on a railroad track or right-of-way; or 

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that 

moves on tracks. 

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily 

injury to another, in which event the offense is a felony of the third degree. 

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor. 

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor 

unless the person causes pecuniary loss of $100 or more, in which event the offense is: 

(1) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; 

(2) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; 

(3) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000; 

(4) a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less 

than $150,000; 

(5) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less 

than $300,000; or 

(6) a felony of the first degree if the amount of the pecuniary loss is $300,000 or more. 

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is 

undertaken by an employee of the railroad or by a representative of a labor organization which 

represents or is seeking to represent the employees of the railroad as long as the employee or 

representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C. 

Section 151 et seq.). 

Tex. Penal Code Ann. § 28.07 (West 2021) 

*§ 28.08. Graffiti 

(a) A person commits an offense if, without the effective consent of the owner, the person 

intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or 

paintings, on the tangible property of the owner with: (1) paint; (2) an indelible marker; or 

(3) an etching or engraving device. (b) Except as provided by Subsection (d), an offense under 

this section is: (1) a Class C misdemeanor if the amount of pecuniary loss is less than $100; 

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; 
632 

(3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; 

(4) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000; 

(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than 

$150,000; 

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less 

than $300,000; or 

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more. 

(c) When more than one item of tangible property, belonging to one or more owners, is marked 

in violation of this section pursuant to one scheme or continuing course of conduct, the conduct 

may be considered as one offense, and the amounts of pecuniary loss to property resulting from 

the marking of the property may be aggregated in determining the grade of the offense. 

(d) An offense under this section is a state jail felony if: 

(1) the marking is made on a school, an institution of higher education, a place of worship or 

human burial, a public monument, or a community center that provides medical, social, or 

educational programs; and 

(2) the amount of the pecuniary loss to real property or to tangible personal property is $750 or 

more but less than $30,000. 

(e) In this section: 

(1) “Aerosol paint” means an aerosolized paint product. 

(2) “Etching or engraving device” means a device that makes a delineation or impression on 

tangible property, regardless of the manufacturer's intended use for that device. 

(3) “Indelible marker” means a device that makes a mark with a paint or ink product that is 

specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or 

ink products. 

(4) “Institution of higher education” has the meaning assigned by Section 481.134, Health and 

Safety Code. 

(5) “School” means a private or public elementary or secondary school. 

 Tex. Penal Code Ann. § 28.08 (West 2021) 

§ 471.005. Dismantling of Warning Signals at Railroad Grade Crossings; Offense 

(a) A person may not dismantle a warning signal at a grade crossing on an active rail line, as 

defined by rule of the Texas Department of Transportation, if the cost of the warning signal was 

originally paid entirely or partly from public money unless the person: 

(1) obtains a permit from the governmental entity that maintains the road or highway that 

intersects the rail line at the grade crossing; and 

 (2) pays that governmental entity an amount equal to the present salvage value of the warning 

signal, as determined by the governmental entity. 

(b) The governmental entity shall grant the permit if: 

(1) payment is received; and 

(2) the entity finds that removal of the warning signal will not adversely affect public safety. 

(c) Money received under Subsection (a)(2) shall be deposited in the state treasury. 

(d) This section does not apply to a Class I or Class II railroad, as defined by Interstate 

Commerce Commission regulations. 

(e) A person commits an offense if the person violates this section. An offense under this section 

is a Class C misdemeanor. 

(f) The Texas Department of Transportation may adopt rules necessary to administer this section. 
633 

(g) In this section: 

(1) “Grade crossing” has the meaning assigned by Section 472.004(f). 

(2) “Warning signal” means a traffic control device that is activated by the approach or presence 

of a train, including a flashing light signal, an automatic gate, or a similar device that displays to 

motorists a warning of the approach or presence of a train. 

Tex. Transp. Code Ann. § 471.005 (West 2021) 

§ 544.005. Interference With Traffic-Control Device or Railroad Sign or Signal 

A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to 

alter, injure, knock down, or remove: 

(1) an official traffic-control device or railroad sign or signal; 

(2) an inscription, shield, or insignia on an official traffic-control device or railroad sign or 

signal; or 

(3) another part of an official traffic-control device or railroad sign or signal. 

Tex. Transp. Code Ann. § 544.005 (West 2021) 

§ 544.006. Display of Unauthorized Signs, Signals, or Markings 

(a) A person may not place, maintain, or display on or in view of a highway an unauthorized 

sign, signal, marking, or device that: 

(1) imitates or resembles an official traffic-control device or railroad sign or signal; 

(2) attempts to direct the movement of traffic; or 

(3) hides from view or hinders the effectiveness of an official traffic-control device or railroad 

sign or signal. 

(b) A person may not place or maintain on a highway, and a public authority may not permit on a 

highway, a traffic sign or signal bearing commercial advertising. 

(c) A person may not place or maintain a flashing light or flashing electric sign within 1,000 feet 

of an intersection except under a permit issued by the Texas Transportation Commission. 

(d) This section does not prohibit a person from placing on private property adjacent to a 

highway a sign that gives useful directional information and that cannot be mistaken for an 

official sign. 

(e) A sign, signal, light, or marking prohibited under this section is a public nuisance. The 

authority with jurisdiction over the highway may remove that sign, signal, light, or marking 

without notice. 

Tex. Transp. Code Ann. § 544.006 (West 2021) 

Utah (1) 

*§ 41-6a-311. Interference with traffic-control devices prohibited--Traffic signal 

preemption device prohibited--Exceptions--Defense 

(1) Except as provided in Subsection (3), a person may not alter, deface, damage, knock down, 

or remove any: 

(a) traffic-control device; 

(b) traffic-monitoring device; or 

(c) railroad traffic-control device. 

(2) Except as provided in Subsection (3), a person may not: 
634 

(a) knowingly use a traffic signal preemption device to interfere with the authorized operation or 

the authorized cycle of a traffic-control signal; or 

(b) operate a motor vehicle on a highway while in possession of a traffic signal preemption 

device. 

(3) The provisions of Subsections (1) and (2) do not apply to a person authorized by the highway 

authority or railroad authority with jurisdiction over the device. 

(4) A violation of Subsection (1) or (2) is a class C misdemeanor. 

(5) It is an affirmative defense to a charge under Subsection (2)(b) that the traffic signal 

preemption device was inoperative and could not be readily used at the time of the citation or 

arrest. 

Utah Code Ann. § 41-6a-311 (West 2021) 

Vermont (2) 

§ 3110. Railroad vandalism 

(a) Purpose. The purpose of this section is to prevent acts of vandalism to railroad property that 

affect the health, safety, and welfare of the traveling public, the neighboring community, and 

railroad employees; to protect railroad property and freight in transportation by railroad; and 

otherwise to enhance the safety of transportation by railroad. 

(b) Definitions. For purposes of this section: 

(1) “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title. 

(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or 

electromagnetic guideways, including: 

(A) commuter or other short-haul railroad passenger service in a metropolitan or suburban area; 

and 

(B) high-speed ground transportation systems that connect metropolitan areas, but does not 

include rapid transit operations in an urban area that are not connected to the general railroad 

system of transportation. 

(3) “Railroad carrier” means a person providing railroad transportation. 

(4) “Railroad property” means all property owned, leased, or operated by a railroad carrier, 

including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, 

warehouse, terminal, railroad signal system, train control system, centralized dispatching system, 

or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any 

railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or 

safety device. “Railroad property” does not include administrative buildings, administrative 

offices, or administrative office equipment. 

(5) “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier 

that is located on either side of its tracks and that is readily recognizable to a reasonable person 

as being railroad property or is reasonably identified as such by fencing or appropriate signs. 

(6) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title. 

(c) Vandalism of railroad property. No person shall, with reckless disregard for railroad property 

or the safety of another, commit an act that causes damage to railroad property. 

(d) Penalty for vandalism of railroad property. 

(1) A person who violates subsection (c) of this section shall be fined not more than $500.00 or 

imprisoned for not more than six months, or both, if the violation results in property damage of 

$900.00 or less. 
635 

(2) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or 

imprisoned for not more than one year, or both, if the violation results in bodily injury to another 

person or property damage of greater than $900.00. 

(3) A person who violates subsection (c) of this section shall be fined not more than $20,000.00 

or imprisoned for not more than 15 years, or both, if the violation results in death or serious 

bodily injury to another person. 

(e) Aggravated railroad vandalism. A person who intentionally causes damage to railroad 

property that results in death or serious bodily injury to another person shall be guilty of 

aggravated railroad vandalism. 

(f) Penalty for aggravated railroad vandalism. A person who violates subsection (e) of this 

section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or 

both. 

(g) If serious bodily injury or death results to more than one person other than the defendant as a 

result of a violation of this section, the defendant may be convicted of a separate violation of this 

section for each decedent or person injured. 

Vt. Stat. Ann. tit. 13, § 3110 (West 2021) 

§ 3590. Obstructing sight of cars at crossing; penalty 

A person who leaves wood, lumber, or other material on the line of a railroad or highway, at or 

near the crossing of a highway, so as to prevent or obstruct the sight of cars when approaching 

the crossing, shall be fined not more than $50.00 nor less than $5.00. 

Vt. Stat. Ann. tit. 5, § 3590 (West 2021) 

Virginia (2) 

§ 18.2-147. Entering or setting in motion, vehicle, aircraft, boat, locomotive or rolling stock 

of railroad; exceptions 

Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, 

boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, 

aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any 

crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, 

locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to 

manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or 

to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a 

railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be 

guilty of a Class 1 misdemeanor, except that the foregoing provision shall not apply when any 

such act is done in an emergency or in furtherance of public safety or by or under the direction of 

an officer in the regulation of traffic or performance of any other official duty. 

Va. Code Ann. § 18.2-147 (West 2021) 

§ 18.2-155. Injuring, etc., signal used by railroad 

If any person maliciously injure, destroy, molest, or remove any switchlamp, flag or other signal 

used by any railroad, or any line, wire, post, lamp or any other structure or mechanism used in 

connection with any signal on a railroad, or destroys or in any manner interferes with the proper 

working of any signal on a railroad, whereby the life of any person is or may be put in peril he 

shall be guilty of a Class 4 felony; and in the event of the death of such person resulting from 
636 

such malicious injuring, destroying or removing, the person so offending shall be deemed guilty 

of murder, the degree to be determined by the jury or the court trying the case without a jury. If 

such act be done unlawfully but not maliciously the offender shall be guilty of a Class 1 

misdemeanor, provided that in the event of the death of any such person resulting from such 

unlawful injuring, destroying or removing, the person so offending shall be deemed guilty of 

involuntary manslaughter. 

Va. Code Ann. § 18.2-155 (West 2021) 

Washington (2) 

§ 46.61.080. Interference with official traffic-control devices or railroad signs or signals 

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down 

or remove any official traffic-control device or any railroad sign or signal or any inscription, 

shield or insignia thereon, or any other part thereof. 

Wash. Rev. Code Ann. § 46.61.080 (West 2021) 

§ 81.60.070. Malicious injury to railroad property 

Every person who, in such manner as might, if not discovered, endanger the safety of any engine, 

motor, car or train, or any person thereon, shall in any manner interfere or tamper with or 

obstruct any switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle, culvert, embankment, 

structure, or appliance pertaining to or connected with any railway, or any train, engine, motor, 

or car on such railway, and every person who shall discharge any firearm or throw any 

dangerous missile at any train, engine, motor, or car on any railway, is guilty of a class B felony 

and shall be punished by imprisonment in a state correctional facility for not more than ten years. 

Wash. Rev. Code Ann. § 81.60.070 (West 2021) 

West Virginia (2) 

§ 17C-3-9. Interference with official traffic-control devices or railroad signs or signals 

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, 

or remove any official traffic-control device or any railroad sign or signal or any inscription, 

shield, or insignia thereon, or any other part thereof. 

W. Va. Code Ann. § 17C-3-9 (West 2021) 

§ 61-3-28. Offenses against railroad property and persons on railroad property; definitions 

(a) As used in this section: 

(1) “Bodily injury” means substantial physical pain, illness or any impairment of physical injury. 

(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or 

electromagnetic guideways, including: 

(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area; 

and 

(ii) High-speed ground transportation systems that connect metropolitan areas but does not 

include rapid transit operations in an urban area that are not connected to the general railroad 

system of transportation; 

(3) “Railroad carrier” means a person providing railroad transportation; railroad carrier including 

a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, 
637 

terminal, railroad signal system, train control system, centralized dispatching system, or any 

other structure, appurtenance, or equipment owned, leased, or used in the operation of any 

railroad carrier including a train, locomotive, engine, railroad car, work equipment, rolling stock, 

or safety device. “Railroad property” does not include administrative buildings, administrative 

offices, or administrative office equipment; 

(4) “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier 

which is located on either side of its tracks and which is readily recognizable to a reasonable 

person as being railroad property or is reasonably identified as such by fencing or appropriate 

signs; 

(5) “Yard” means a system of parallel tracks, crossovers, and switches where railroad cars are 

switched and made up into trains, and where railroad cars, locomotives and other rolling stock 

are kept when not in use or when awaiting repairs. 

(b) Whoever willfully damages or attempts to damage railroad property or willfully endangers or 

attempts to endanger the safety of another, by: 

(1) Taking, removing, altering, or otherwise vandalizing a railroad sign, placard or marker; 

(2) Throwing or dropping an object capable of causing significant damage to railroad property at 

or on a locomotive, railroad car or train; 

(3) Shooting a firearm or other dangerous weapon at a locomotive, railroad car or train; 

(4) Removing appurtenances from, damaging, or otherwise impairing the operation of any 

railroad signal system, including a train control system, centralized dispatching system, or 

highway-railroad grade crossing warning signal, on a railroad owned, leased, or operated by any 

railroad carrier, and without consent of the railroad carrier involved; 

(5) Interfering or tampering with, or obstructing in any way, or threatening to interfere with, 

tamper with or obstruct in any way any railcar or locomotive, switch, frog, rail, roadbed, sleeper, 

viaduct, bridge, trestle, culvert, embankment, structure, or appliance pertaining to or connected 

with any railroad carrier without consent of the railroad carrier involved; or 

(6) Taking, stealing, removing, changing, adding to, altering, or in any manner interfering with 

any part of the operating mechanism of any locomotive, engine, tender, coach, car, caboose, or 

motor car used or capable of being used by any railroad carrier in this state without consent of 

the railroad carrier is guilty of a felony. If railroad property damage does not exceed $1,000 and 

no bodily injury occurs to another as a result of any of the aforesaid acts, upon conviction 

thereof, the person shall be fined not less than $500 nor more than $5,000, confined in a regional 

jail for not more than one year, or both. If bodily injury occurs to another not acting with or in 

connection with the perpetrator as a result of any of the aforesaid acts or if railroad property 

damage exceeds $1,000, upon conviction thereof, the person shall be fined not less $1,000 nor 

more than $10,000, committed to the custody of the Commission of Corrections for not less than 

one nor more than ten years, or both. 

(d) The provisions of this section do not apply to any person employed by a railroad who is 

performing the duties assigned by the railroad or who is otherwise performing within the scope 

of his or her employment. 

W. Va. Code Ann. § 61-3-28 (West 2021) 

Wisconsin (2) 

§ 195.286. Highway crossings, advance warning signs 

(6) Penalties relating to interference with signs. Any person who removes, throws down, injures 

or defaces any sign required by this section shall, upon conviction, be fined not more than $25. 
638 

(7) Penalties generally. Any person or corporation upon conviction for the violation of any of the 

provisions of this section, except sub. (6), shall forfeit not less than $100 nor more than $200 for 

each violation. 

(8) Prosecutions. The district attorney shall prosecute any person violating this section, or begin 

and maintain any civil action necessary for its enforcement upon the demand of any county 

highway commissioner, the department, or the office. 

Wis. Stat. Ann. § 195.286 (West 2021) Excerpt from applicable statute published. 

§ 943.07. Criminal damage to railroads 

(1) Whoever intentionally causes damage or who causes another person to damage, tamper, 

change or destroy any railroad track, switch, bridge, trestle, tunnel or signal or any railroad 

property used in providing rail services, which could cause an injury, accident or derailment is 

guilty of a Class I felony. 

(2) Whoever intentionally shoots a firearm at any portion of a railroad train, car, caboose or 

engine is guilty of a Class I felony. 

(3) Whoever intentionally throws, shoots or propels any stone, brick or other missile at any 

railroad train, car, caboose or engine is guilty of a Class B misdemeanor. 

(4) Whoever intentionally throws or deposits any type of debris or waste material on or along 

any railroad track or right-of-way which could cause an injury or accident is guilty of a Class B 

misdemeanor. 

Wis. Stat. Ann. § 943.07 (West 2021) 

Wyoming (2) 

§ 37-12-101. Stealing railroad equipment 

If any person shall willfully and wrongfully take or remove the waste or packing or brass or 

brasses from any journal or boxes, of any locomotive, engine, tender, carriage, coach, car, 

caboose, or truck, used or operated, or capable of being used or operated upon any railroad, 

whether the same be operated by steam or electricity, the person so offending shall be guilty of a 

felony, and on conviction shall be sentenced to pay a fine of five hundred dollars ($500.00), or 

imprisonment in the penitentiary for not more than five (5) years, or both. 

Wyo. Stat. Ann. § 37-12-101 (West 2021) 

§ 37-12-103. Destruction, obstruction or removal of railroad track or fixtures generally; 

penalty if death results 

Whoever shall willfully and maliciously remove, break, displace, throw down, destroy or in any 

manner injure any rail or rails or any part of the tracks or any bridge, viaduct, culvert, trestlework, embankment, parapet or other fixture or any part thereof, attached to or connected with 

such tracks of any railroad in this state, in operation, or shall willfully and maliciously place any 

obstructions upon the rail or rails, track or tracks of any such railroad, or shall willfully and 

maliciously meddle, tamper, or interfere with the signals or mechanism controlling the signal 

devices of any such railroad, shall be punished by imprisonment in the penitentiary not less than 

one (1) year nor more than twenty (20) years; provided, however, if any person shall, by 

commission of either of the aforesaid offenses occasion the death of any person, or persons, the 

person or persons so offending shall be deemed guilty of murder in the first or second degree, or 
639 

manslaughter, according to the nature of the offense, and, on conviction thereof, shall be 

punished as by law provided. 

Wyo. Stat. Ann. § 37-12-103 (West 2021) 

 
640 

Chapter 11: Private Crossings 

Chapter Overview 

Private highway-rail grade crossings are 

generally defined as locations where the 

railroad tracks intersect with roadways that 

are not open to public use or maintained by 

the public authority. 

Typical types of private crossings are as 

follows: 

x Farm crossings that provide access 

between tracts of land on both sides of 

the railroad tracks. 

x Industrial plant crossings that provide 

access between plant facilities on both 

sides of the railroad tracks. 

x Residential access crossings through 

which the occupants and their invitees 

reach private residences from another 

road, often a public road parallel and 

adjacent to the railroad right-of-way. 

x Temporary crossings established for the 

duration of a private construction project 

or other seasonal activity. 

There are an estimated 77,2773 private 

highway-rail grade crossings on the U.S. rail 

system. Casualties and property loss 

resulting from accidents at these crossings 

remain a continual concern. Presently, 

authority for closure or treatment of private 

crossings does not exist in all states. State 

laws that grant specific authority to close or 

treat private crossings are listed in this 

chapter. Usually, there is also an agreement 

between the landowner and the railroad that 

governs the use of the private crossing.

Alabama (0) 

No applicable statute related to this topic 

Alaska (0) 

No applicable statute related to this topic 

Arizona (1) 

§ 3-1702. Stock crossings required in fences enclosing rights of way; violation; classification 

A. A railroad fencing its right of way shall leave an opening at least once every three miles in an 

accessible place for stock to pass through. The opening shall be at least sixty feet wide, with 

cattleguards at each end, and fences shall be run to the guards. Cattleguards and wing fences 

shall be placed on either side of the openings, sufficient to prevent cattle entering upon the right 

of way enclosed. Places where the railroad runs over trestles or bridges sufficiently high for 

cattle to go under shall be left unfenced. 

B. A railroad violating any provision of this section is guilty of a class 2 misdemeanor. 

Ariz. Rev. Stat. Ann. § 3-1702 (2021) 

Arkansas (1) 

§ 23-12-304. Crossings--Inspections--Duty of State Highway Commission 

3

 According to the Federal Railroad Administration Office of Safety Analysis as of June 2021. 
641 

(a)(1) It shall be the duty of the State Highway Commission, or any representative of it, to 

inspect any road or street crossing in this state, either on its own initiative or when its attention is 

called to it by any citizen. 

(2) Upon a hearing the commission may make an order requiring the railroad company to protect 

the crossing in any manner which it considers just and reasonable, whether the crossings are at 

grade or over or under crossing and whether a public or private crossing. 

(b)(1) It shall further be the duty of the commission, or any representative thereof, to make a 

personal inspection of any designated place where it is desired that a road or street, either public 

or private, cross any railroad in this state. 

(2) Upon ten (10) days' notice as required by law and after a public hearing, the commission may 

make such order as in its judgment shall be just and proper. The order may provide for a crossing 

at grade, over or under the railroad, and shall be enforced as other orders made by the 

commission. 

Ark. Code Ann. § 23-12-304 (West 2021) Excerpt from applicable statute published. 

California (2) 

§ 7537. Farm and private crossings; construction and maintenance; authority of 

commission 

The owner of any lands along or through which any railroad is constructed or maintained, may 

have such farm or private crossings over the railroad and railroad right of way as are reasonably 

necessary or convenient for ingress to or egress from such lands, or in order to connect such 

lands with other adjacent lands of the owner. The owner or operator of the railroad shall 

construct and at all times maintain such farm or private crossing in a good, safe, and passable 

condition. The commission shall have the authority to determine the necessity for any crossing 

and the place, manner, and conditions under which the crossing shall be constructed and 

maintained, and shall fix and assess the cost and expense thereof. 

Cal. Pub. Util. Code § 7537 (West 2021) 

§ 7538. Farm and private crossings; stop signs 

At every farm or private grade crossing of a railroad where no automatic grade crossing 

protective device is in place there shall be installed, as a means of protecting the crossing, one or 

more stop signs of the type described in Section 21400 of the Vehicle Code or of such other 

design as the commission may prescribe unless, after a hearing, the commission shall find that 

the installation of such sign or signs at a particular crossing would create a hazard or dangerous 

condition that would not otherwise exist. At any grade crossing where stop signs are installed or 

in place, before traversing such crossing the driver of any vehicle shall stop such vehicle not less 

than 10 nor more than 50 feet from the nearest rail of the track and while so stopped shall listen, 

and look in both directions along the track, for any approaching train or other equipment using 

such rails. The vehicle shall remain standing while any train or other equipment using such rails 

is approaching the crossing and is close enough to constitute a hazard. A driver of any vehicle 

who fails to keep his vehicle standing while any train or equipment using such rails is 

approaching the crossing and which is so close as to constitute a hazard is guilty of a 

misdemeanor. 

Cal. Pub. Util. Code § 7538 (West 2021) 
642 

Colorado (1) 

§ 40-27-102. Fence right-of-way--cattle guards 

(1) Every railway company or corporation whose lines or roads, or any part thereof, are open for 

use, within six months after the lines of such railways or any part thereof are open, except at the 

crossings of public roads and highways and within the limits of incorporated towns and cities or 

the yard limits of established stations, shall erect and thereafter maintain fences on the sides of 

their roads, or the part thereof open to use, where the same pass through, along, or adjoining 

enclosed or cultivated fields or unenclosed lands, with openings and gates therein to be hung and 

have latches and hinges, so that they may be opened and shut at all necessary farm crossings of 

the road, for the use of the proprietors or owners of the land adjoining such railroad, and shall 

construct and maintain at all public road crossings good and sufficient cattle guards. 

(2) Such fences, gates, and cattle guards for the protection of livestock shall be constructed as 

defined in section 35-46-101(1), C.R.S., and shall be amply sufficient to prevent horses, mules, 

asses, and cattle from getting on said railroads; and, so long as such fences and guards, or any 

part thereof, are not sufficient or not in sufficiently good repair to accomplish the objective for 

which they are intended, such railroad corporation shall be liable for any and all damages which 

are done by the agent, employees, engines, trains, or cars of any other corporation permitted and 

running over and upon their said railroad to any such cattle, horses, asses, or mules thereon. 

When such fences, gates, and guards have been built and duly made and are kept in good and 

sufficient repair, such railroad corporation shall not be liable for any such damages unless the 

same were occasioned by the negligence or carelessness of such railway company or corporation 

or the assignee or lessee thereof. 

(3) Where gates are constructed and maintained at farm crossings, opening into enclosed pastures 

or cultivated fields, it is the duty of the owner or occupant of such fields or pastures so provided 

with gates to see that such gates are kept closed at all times when not actually in use, and where 

it is shown that any such gate has been left open, the owner or occupant of such lands shall be 

held responsible for any stock killed or damaged because of such open gate. 

Colo. Rev. Stat. Ann. § 40-27-102 (West 2021) 

Connecticut (4) 

§ 13b-289. Easements and private crossings may be condemned 

The owner of any private crossing at grade of the tracks of a railroad company, or of any right, 

title, interest, easement or privilege in land used by a company for railroad purposes, or any such 

company whose land is encumbered by any such private rights, may bring a written petition to 

the Commissioner of Transportation for the condemnation of such rights, alleging that public 

safety requires the elimination of such encumbrance. The commissioner shall thereupon appoint 

a time and place for hearing the petition, and shall give such notice thereof as he judges 

reasonable to the owner of such rights, to the company and to the owners of land adjoining the 

highway to be laid out as a substitute for such private crossing, as hereinafter provided, if any 

such highway is to be laid out. Upon the hearing of such petition, if public safety so requires, the 

commissioner shall authorize the company to condemn such private rights, and thereupon the 

company may proceed to condemn the same in the manner provided by law for the taking of 

lands by such companies. Upon the hearing of such petition, if the commissioner is of the 

opinion that public convenience and necessity require a highway on account of the elimination of 

such private rights in the land of the railroad company, he may lay out a highway sufficient to 
643 

satisfy public convenience; but such highway shall not be laid out if the land of a private owner, 

with which the encumbrance is associated, is already connected with a public highway. If the 

commissioner orders a new highway, he shall assess the expense of making the same, including 

the damages to any person whose land is taken, proportionately, upon the person and parties 

especially benefited thereby, but at least one-half of such expense shall be paid by the company. 

The commissioner may order the elimination of any private crossing at grade by the substitution 

of an overhead or underneath crossing, in which case the expense of making such change, 

including land damages, shall be paid by the company. 

Conn. Gen. Stat. Ann. § 13b-289 (West 2021) 

§ 13b-291. Private crossing to be restored 

When a private crossing has been removed by a railroad company without the consent of the 

owner or owners, the company from whose tracks such crossing has been removed shall restore 

the same in good order upon the written request of the owner or owners, and, for failure so to do, 

such company shall forfeit five dollars per day to the person or persons owning or having a right 

to use such crossing, such forfeiture to begin thirty days from the date of such notice. 

Conn. Gen. Stat. Ann. § 13b-291 (West 2021) 

§ 13b-292. Private crossings; protection requirements 

(a) For the purposes of this section, “private crossing” means any private way, private drive or 

any facility other than a public highway for the use of pedestrians, motor vehicles or other types 

of conveyances, which crosses at grade any railroad track. No private crossing shall be 

established, except that the Commissioner of Transportation may authorize the establishment of 

a private crossing if it is deemed necessary for the economic welfare of the community but only 

after imposing specific requirements for the protection of persons using the crossing. The cost of 

the protection requirements shall be borne by the party requesting such private crossing or the 

town, city or borough in which such crossing is located may, in its discretion, assume all or part 

of such cost. The provisions of this section shall not apply to a private crossing used by a railroad 

company in connection with its operation or for access to its facilities. 

(b) Each town, city or borough shall erect and maintain traffic control devices within the limits 

of the railroad right-of-way at each private crossing, or each town, city or borough shall require 

the person, association or corporation that owns or has the right to use such crossing to erect and 

maintain such traffic control devices at each private crossing. Such order shall specify the time 

within which such protective measures shall be installed. Upon failure of a person, association or 

corporation to comply with an order issued pursuant to this subsection, the required installation 

shall be made by the authority issuing such order and the expense of such installation shall be a 

lien on premises owned by such person, association or corporation. If under the provisions of 

subsection (d) of this section the Commissioner of Transportation orders the erection of traffic 

control devices at a private crossing and the town, city or borough within which such crossing is 

located fails to erect or have erected such devices within the period prescribed in such order, the 

Commissioner of Transportation shall order the railroad to erect such devices and the expense of 

such erection shall be a lien on premises owned by the person, association or corporation that 

owns or has the right to use such crossing. If the Commissioner of Transportation prescribes 

traffic control measures in addition to traffic control devices, the town, city or borough shall 

invoke the provisions of this subsection for the purpose of complying with such order, and the 

cost of such compliance shall be borne by the property owner. 
644 

(c) The town, city or borough within which any private way leads to a private crossing from a 

town, city or borough highway, and the Commissioner of Transportation, in the case of any 

private way which leads to a private crossing from a state highway, shall erect and maintain at 

the entrance to such private way a suitable sign warning of the railroad grade crossing. 

(d) The Commissioner of Transportation shall give notice of the commissioner's intent to (1) 

prescribe or order traffic control devices or traffic control measures under subsection (a) or (b) of 

this section; (2) afford any person an opportunity to present evidence on the impact; (3) render 

findings of fact; and (4) issue a decision before prescribing the nature of traffic control devices 

and traffic control measures to be erected at each private crossing and at approaches to such 

private crossings. The commissioner's decision shall not constitute a final decision in a contested 

case and shall not be subject to appeal under section 4-183. 

(e) The Commissioner of Transportation shall make all necessary orders for the closing of any 

private crossing if the commissioner finds that the necessity for such crossing has ceased or that 

such private crossing constitutes a hazard to public safety. The commissioner shall (1) give 

notice of intent to issue such orders; (2) afford any person an opportunity to present evidence on 

the impact of such orders; (3) render findings of fact; and (4) issue a decision before making all 

necessary orders for the permanent closing of any private crossing if the commissioner finds that 

the necessity for such crossing has ceased or that such private crossing constitutes a hazard to 

public safety. The commissioner's decision shall not constitute a final decision in a contested 

case and shall not be subject to appeal under section 4-183. The commissioner may order the 

consolidation into one crossing of two or more private crossings located in close proximity to 

each other. 

(f) The provisions of section 13b-281 shall apply to private crossings. 

(g) Representatives of towns, cities, boroughs, railroads and state agencies may enter private 

ways, drives or other facilities to the extent required to perform their duties pursuant to this 

section. 

(h) Any person who fails to comply with traffic control measures or traffic control devices 

installed pursuant to this section shall be fined not more than one hundred dollars. 

Conn. Gen. Stat. Ann. § 13b-292 (West 2021) 

§ 13b-298. Cattle guards 

Each railroad company shall construct suitable cattle guards and fences at all railroad crossings 

of passways or highways to prevent cattle from passing upon its railroad, except when the 

Commissioner of Transportation deems it unnecessary. 

Conn. Gen. Stat. Ann. § 13b-298 (West 2021) 

Delaware (1) 

§ 1811. Fences and cattle guards; liability for damages; trespass with animals; walking on 

tracks; penalties 

Every railroad corporation shall erect and maintain fences on both sides of its road, of the height 

and strength of a fence required by law, with openings, gates or bars therein at farm crossings or 

the roads for the use of proprietors of lands adjoining such railroad. Every such corporation shall 

also construct and maintain cattle guards at all the road crossings suitable and sufficient to 

prevent cattle and other animals from getting on the railroad. Until such fences and cattle guards 
645 

have been duly made the corporation shall be liable for all damages which are done by their 

engines and cars to cattle, horses or other animals thereon. 

After such fences and guards are duly made and maintained the corporation shall not be liable for 

any such damages, unless negligently or wilfully done. If any person rides, leads or drives any 

horse or other animal upon such railroad and within such fences and guards other than at farm 

crossings without the consent of the corporation, such person shall for every such offense forfeit 

not more than $10 and shall also pay all damages which are sustained thereby to the party 

aggrieved. 

Del. Code Ann. tit. 2, § 1811 (West 2021) Excerpt from applicable statute published. 

District of Columbia (0) 

No applicable statute related to this topic 

Florida (1) 

§ 351.03. Railroad-highway grade-crossing warning signs and signals; audible warnings; 

exercise of reasonable care; blocking highways, roads, and streets during darkness 

(1) Every railroad company shall exercise reasonable care for the safety of motorists whenever 

its track crosses a highway and shall be responsible for erecting and maintaining crossbuck 

grade-crossing warning signs in accordance with the uniform system of traffic control devices 

adopted pursuant to s. 316.0745. Such crossbuck signs shall be erected and maintained at all 

public or private railroad-highway grade crossings. 

Fla. Stat. Ann. § 351.03 (West 2021) Excerpt from applicable statute published. 

Georgia (0) 

No applicable statute related to this topic 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (2) 

§ 62-406. Erection and maintenance of fences--Liability for damages 

Every railroad company or corporation operating any steam or electric railroad in this state shall 

erect and maintain lawful fences, not less than four feet (4') high, on each side of its road, where 

the same passes through or along inclosed or adjoining cultivated fields or inclosed lands, with 

proper and necessary openings and gates therein and farm crossings; and also construct and 

maintain cattle guards suitable and sufficient to prevent horses, cattle, mules or other animals 

from getting on such railroads, at all highway crossings where such railroad is fenced up to such 

highway crossing: provided, however, that in lieu of the necessary openings and gates therein at 

farm crossings, cattle guards suitable and sufficient to prevent horses, cattle, mules or other 

animals from getting on such railroads may be installed at the expense of the adjoining 

landowner or landowners. 

Until such fences, openings, gates, farm crossings and cattle guards shall be duly and properly 

made, installed and maintained, such railroad company or corporation shall be liable in a civil 

action to any and all person or persons who may sustain any loss, injury or damage by the 

wounding, maiming or killing of any horse, mare, gelding, filly, jack, jenny or mule, or any cow, 
646 

heifer, bull, ox, steer or calf, or any other domestic animal which shall be done by such railroad 

company or corporation, or its agents or servants, in the operation and management of engines, 

cars, or other rolling stock, upon or over such railroad, whether such person or persons operating 

or in charge of such engine, cars or other rolling stock were guilty of negligence or not; and such 

railroad company or corporation shall also be liable in a civil action to any and all persons who 

may sustain any loss, injury or damage by the wounding, maiming or killing of any horse, mare, 

gelding, filly, jack, jenny or mule, or any cow, heifer, bull, ox, steer or calf, or any other 

domestic animal which shall be done by such railroad company or corporation, or its agents or 

servants in the operation or management of engines, cars, or other rolling stock upon or over 

such railroad, if any such animal or animals escape from adjoining lands and come upon the right 

of way or railroad tracks of such railroad company or corporation, occasioned by the failure of 

such railroad company or corporation to construct and maintain such fences, gates, farm 

crossings or cattle guards, whether the person or persons operating or in charge of such engine, 

cars or other rolling stock were guilty of negligence or not; but after such fences, gates, farm 

crossings and cattle guards shall have been duly made, installed and maintained, such railroad 

company or corporation shall not be liable for any such damages, unless negligently or wilfully 

done, and in all actions for the recovery of damages under this section, proof of the wounding, 

maiming or killing of such animal or animals by such railroad company or corporation, shall be 

prima facie evidence of negligence or wilfullness on the part of such railroad company or 

corporation. 

If any railroad company or corporation, aforesaid, fail, neglect or refuse for and during a period 

of three (3) months after the completion of its road through or along the fields or enclosures 

hereinbefore mentioned, to erect, install and maintain any fences, openings, gates, farm 

crossings, or cattle guards as herein required, after having received not less than thirty (30) days' 

notice requiring them to erect, install and maintain such fences, openings, gates, farm crossings 

or cattle guards, then the owner of such field or enclosure may erect and maintain such fences, 

openings, gates, farm crossings and cattle guards, and shall thereupon have a right to recover 

from such railroad or corporation, the full value of the work so done, by a civil action in any 

court of competent jurisdiction. 

Idaho Code Ann. § 62-406 (West 2021) 

§ 62-407. Crossings and cattle guards 

It shall be the duty of every railroad company whose line runs through or across any desert or 

other unoccupied territory, to keep and maintain suitable crossings and cattle guards, wherever 

any public highway or publicly traveled road crosses the same, and to place gates at convenient 

intervals not exceeding four (4) miles apart, for the crossing of the same wherever there are no 

roads within such distances. 

Idaho Code Ann. § 62-407 (West 2021) 

Illinois (1) 

§ 5/18c-7504. Construction of Fences, Farm Crossings, and Damages 

§ 18c-7504. Construction of Fences, Farm Crossings, and Damages. (1) Fencing. Every rail 

carrier shall, within 6 months after any part of its line is open for use, erect and thereafter 

maintain fences on both sides of its road or so much thereof as is open for use, suitable and 

sufficient to prevent cattle, horses, sheep, hogs or other livestock from getting on such railroad, 
647 

provided that the other 3 sides of the property are enclosed, except at the crossings of public 

roads and highways, and within such portion of cities and incorporated towns and villages as are 

or may be hereafter laid out and platted into lots and blocks, with gates at the farm crossings of 

such railroad, which farm crossings shall be constructed by such rail carrier when and where the 

same may become necessary, for the use of the proprietors of the lands adjoining such railroad; 

and when such fences are not made as aforesaid, or when such fences are not kept in good repair, 

such rail carrier shall be liable for all damages which may be done by the agents, engines or cars 

of such rail carrier, to such cattle, horses, sheep, hogs or other livestock thereof, and reasonable 

attorney's fees in any court wherein suit is brought for such damages, or to which the same may 

be appealed; but where such fences have been duly made and kept in good repair, such rail 

carrier shall not be liable for any such damages, unless negligently or willfully done. 

(2) Enforcement. If the rail carrier, after being notified, shall refuse to build or repair such fence, 

gates, or farm crossings, in accordance with the provisions of this Section, the owner or occupant 

of the land required to be fenced shall be entitled to an order from any court of competent 

jurisdiction requiring the rail carrier to build or repair such fence, gates, or farm crossing and 

may recover interest at one percent per month of the cost of such building or repair, from the 

time the crossing or repair was requested, as damage in the circuit court, together with costs to be 

taxed by the court. 

625 Ill. Comp. Stat. Ann. 5/18c-7504 (West 2021) 

Indiana (1) 

§ 8-6-14-1 Authority for establishment; plans and specifications 

Sec. 1. Owners of tracts of land separated by the right of way of a railway company, or owner of 

a tract or tracts of land separated by the right of way of a railway company from a public 

highway or road, lying and situated immediately contiguous to and adjoining said right of way, 

may, if such right of way has been or shall hereafter be acquired by condemnation and 

appropriation, or by purchase or donation, construct and maintain wagon and driveways over and 

across such right of way leading from one of such tracts to another on the opposite side of such 

right of way, or leading from such tract or tracts of land on one (1) side to the highway on the 

other side of the right of way, at any point most convenient to such owner. For this purpose, such 

owner may enter upon such right of way and construct such embankment, or make such 

excavation, on one (1) or both sides of the track of such railway as may be necessary to establish 

easy grades from one (1) tract of land to the opposite tract or highway, and may spike planks on 

the ties of such railway on the line of such way for the space of the width of such way, of such 

thickness as not to be elevated above the top of the rails of such railway, and may also bridge the 

gutters at the sides of such railway track in such manner as not to obstruct the flow of water 

therein: Provided, The railroad company shall make the crossing. 

Ind. Code Ann. § 8-6-14-1 (West 2021) 

Iowa (7) 

§ 327G.3. Railway fences required 

All railway corporations owning or operating a line of railway within the state shall construct, 

maintain, and keep in repair a fence on each side of the right-of-way, to prevent livestock getting 

upon the tracks. 

Iowa Code Ann. § 327G.3 (West 2021) 
648 

§ 327G.6. Failure to fence 

Any corporation operating a railway and failing to fence its right-of-way shall be liable to the 

owner of any stock killed or injured by reason of the want of such fence for the full amount of 

the damages sustained by the owner, unless it was occasioned by the willful act of such owner or 

the owner's agent; and to recover the same it shall only be necessary for the owner to prove the 

loss of or injury to the owner's property. 

Iowa Code Ann. § 327G.6 (West 2021) 

§ 327G.7. Double damages 

If such corporation fails or neglects to pay such damages within ninety days after notice in 

writing that a loss or injury has occurred, accompanied by an affidavit thereof, served upon any 

officer or station or ticket agent employed by said corporation in the county where such loss or 

injury occurred, such owner shall be entitled to recover from the corporation double the amount 

of damages actually sustained by the owner. 

Iowa Code Ann. § 327G.7 (West 2021) 

§ 327G.9. Failure to fence--general penalty 

If the railroad corporation refuses or neglects to comply with any provision of this chapter 

relating to the fencing of the tracks, such railroad corporation shall, upon conviction, be subject 

to a schedule “two” penalty and every thirty days' continuance of such refusal or neglect shall 

constitute a separate and distinct offense. 

Iowa Code Ann. § 327G.9 (West 2021) 

§ 327G.10. Killing of stock--interpretative clause 

Nothing herein contained shall be construed to relieve the corporation from liability arising from 

the killing or maiming of livestock on said track or right-of-way by its negligence or that of its 

employees, nor shall anything in this chapter interfere with the right of open or private crossings, 

or with the right of persons to such crossings, nor in any way limit or qualify the liability of any 

corporation or person owning or operating a railway that fails to fence the same against livestock 

running at large for any stock injured or killed by reason of the want of such fence. 

Iowa Code Ann. § 327G.10 (West 2021) 

§ 327G.11. Private farm crossings 

When a person owns farmland on both sides of a railway, or when a railway runs parallel with a 

public highway thereby separating a farm from such highway, the corporation owning or 

operating the railway, on request of the owner of the farmland, shall construct and maintain a 

safe and adequate farm crossing or roadway across the railway and right-of-way at such 

reasonable place as the owner of the farmland may designate. A private farm crossing 

established or installed pursuant to this section shall be used solely for farming or agricultural 

purposes. 

Iowa Code Ann. § 327G.11 (West 2021) 

§ 327G.12. Overhead, underground, or more than one crossing 
649 

The owner of land may serve upon the railroad corporation a request in writing for more than 

one private crossing, or for an overhead or underground crossing, accompanied by a plat of the 

owner's land designating the location and character of crossing desired. If the railroad 

corporation refuses or neglects to comply within thirty days of a written request, the owner of the 

land may make written application to the department to determine the owner's rights. The 

department of inspections and appeals, after notice to the railroad corporation, shall hear the 

application and all objections to the application, and make an order which is reasonable and just, 

and if it requires the railroad company to construct any crossing or roadway, fix the time for 

compliance with the order and apportion the costs as appropriate. The order of the department of 

inspections and appeals is subject to review by the state department of transportation. The 

decision of the state department of transportation is the final agency action. 

Iowa Code Ann. § 327G.12 (West 2021) 

Kansas (4) 

§ 66-230. Cattle guards at crossings; duties as to gates 

When any railroad runs through any improved and fenced farm lands and between an occupied 

dwelling and other main farm buildings; or wherever at the time of the passage of this act, any 

railroad right of way lies alongside of and contiguous to a public highway through any improved 

and fenced farm land upon which is a dwelling actually occupied as a farm residence, and it is 

necessary for the occupants of such dwelling to pass across the right of way of the railroad in 

order to reach the main public highway or get to their farm lands to cross the railroad, then and in 

either case the railroad company shall, at the request in writing of the owner of such farm, make 

and maintain proper cattle guards on such railroad on both sides of the crossing so used for farm 

purposes. It shall not be necessary for the occupants of such land to keep the gates in the fences 

at such farm crossings closed where such cattle guards are installed except that the railroad 

company shall not be responsible for damage done to stock at such crossing described under this 

act when the gates at such crossing are open. 

Kan. Stat. Ann. § 66-230 (West 2021) 

§ 66-301. Construction of farm crossings 

Whenever any railroad, either steam or electric, shall run through any farm so as to divide it, 

such railroad at the request of the owner of such farm, shall construct, keep and maintain, a 

crossing either on, over or under such railroad track, at some convenient place, which crossing 

shall be so constructed as to permit ready and free crossing thereon, by animals, farm 

implements and vehicles. 

Kan. Stat. Ann. § 66-301 (West 2021) 

§ 66-302. Gates at crossings 

Through the fences on either side of the right-of-way of such railroad, at such crossing, such 

railroad shall construct, keep and maintain gates so as to permit the passage of animals, farm 

implements and vehicles. 

Kan. Stat. Ann. § 66-302 (West 2021) 

§ 66-303. Action to compel construction; owner may construct and collect costs 
650 

If upon such request being made, such railroad shall fail, neglect or refuse to construct such 

crossing and gates, or to keep the same in repair, then the owner of such farm may, by 

appropriate action, compel such railroad to so construct, keep and maintain such crossing and 

gates, or such owner may construct or repair such crossing and gates, and then collect from such 

railroad the cost thereof. 

Kan. Stat. Ann. § 66-303 (West 2021) 

Kentucky (2) 

§ 256.150 Railroad to erect cattle guards 

All railroads shall erect and maintain cattle guards at all terminal points of fences constructed 

along their lines, except at points where the lines are not required to be fenced on both sides, and 

at public crossings. Where there is a private passway across the railroad, the landowner for 

whose benefit the passway is kept open shall bear one-half (1/2) of the expense of cattle guards 

and gates, and shall erect the gates. The railroad shall erect the cattle guards. 

Ky. Rev. Stat. Ann. § 256.150 (West 2021) 

§ 277.330 Liability of railroads for killing or injuring cattle; how damages divided 

If cattle are killed or injured by the locomotive or cars of any railroad company on a track 

adjoining the lands belonging to or occupied by the owner of the cattle, and the owner has not 

received compensation for fencing his land along the railroad right-of-way, the loss shall be 

divided between the railroad company and the owner of the cattle, unless the cattle were killed or 

injured by the negligence of the agents or servants of the railroad company, in which case the 

company shall pay full damages. 

Ky. Rev. Stat. Ann. § 277.330 (West 2021) 

Louisiana (2) 

§ 390. Railroad grade crossing improvement and elimination; notification 

H. (1) A railroad corporation owning or operating a railway in this state, which is constructed 

across the land of any person leaving a portion of the land of such person on either side of its 

right-of-way, shall, when ordered to by the commissioner of the Department of Agriculture and 

Forestry, allow said crossing to remain open at a private rural residence or agricultural crossing 

or other means of access over its right-of-way. 

(2) The Department of Agriculture and Forestry shall promulgate rules and regulations for the 

implementation of this Subsection no later than January 1, 2009. 

La. Stat. Ann. § 48:390 (2021) Excerpt from applicable statute published. 

§ 394. Private crossing elimination 

A. (1) Any railroad company operating in this state which desires to close or remove a private 

crossing shall, no less than one hundred eighty days prior to the proposed closing or removal, 

provide a written request by registered or certified mail to the Louisiana Public Service 

Commission and to the owner or owners of record of the private crossing traversed by the rail 

line. The written request shall state the manner in which such private railroad crossing 

unreasonably burdens or substantially interferes with rail transportation. 
651 

(2) The Louisiana Public Service Commission shall publish the written request from the railroad 

company in the commission's official bulletin for no less than twenty-five days. 

B. No private crossing shall be closed or removed by any railroad company until after a public 

hearing by the Louisiana Public Service Commission at which parties in interest have had an 

opportunity to be heard. Notice of the time and place of the hearing shall be published in the 

official journal of the parish and the commission's official bulletin and at least fifteen days shall 

elapse between the publication and the date of the hearing. In addition to notice by publication, 

and at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of 

record of the property where the private crossing is located shall be made by the commission by 

sending an official notice by registered or certified mail of the time and place of the hearing to 

the address or addresses indicated in the mortgage and conveyance records of the parish. The 

public hearing shall be held not less than sixty days after receipt of request of the railroad 

company as provided in Subsection A of this Section. 

C. If, after such public hearing, the commission determines that the private railroad crossing 

unreasonably burdens or substantially interferes with rail transportation, the commission shall 

publish in the official journal of the parish where such crossing is located and in the 

commission's official bulletin a notice stating the manner in which such closure or removal shall 

be made and the date of such. 

D. The provisions of this Section shall not apply when a private landowner or landowners and a 

railroad company enter into a consensual or negotiated written agreement or agreements to close 

a private railroad crossing. 

La. Stat. Ann. § 48:394 (2021) 

Maine (2) 

§ 6009. Cattle guards and passes; double damages 

The county commissioners shall order the corporation to make and maintain such cattle guards, 

cattle passes and farm crossings as they think reasonable and prescribe the time and manner of 

making them and consider this work in awarding pecuniary damages. If the corporation after 48 

hours' notice in writing to its president or superintendent neglects to commence the work or 

complete it within a reasonable time, the owner may apply to the Superior Court and the court, 

after due notice to the corporation, shall issue all necessary processes to enforce the specific 

performance of the orders or restrain it by injunction or the party interested may recover, in a 

civil action, double the damage that he has sustained by the neglect. 

Me. Rev. Stat. Ann. tit. 23, § 6009 (2021) 

§ 7229. Maintenance charges for private crossings 

In a municipality in which a private way is crossed by a railroad crossing, the municipal officers 

may act as agents for a railroad corporation in collecting maintenance and insurance charges 

from those persons using that crossing. Nothing in this section may authorize a municipality to 

assess or levy these charges nor to use its taxing power to collect these charges. 

Me. Rev. Stat. Ann. tit. 23, § 7229 (2021) 

Maryland (1) 

§ 5-408. Railroad companies--Private crossings or ways 
652 

The power of a railroad company to condemn land and other property under this subtitle includes 

the power to condemn, for railroad purposes, private crossings or ways and land and other 

property to provide substitute outlets. 

Md. Code Ann., Pub. Util. § 5-408 (West 2021) 

Massachusetts (4) 

§ 60. Eminent domain; crossing of public way 

A company authorized to construct its railway at grade across a public way in any place where 

such crossing is not a part of the crossing of such way by another public way, and incident to the 

construction of the street railway longitudinally within the limits of such other public way, shall, 

in any proceedings for the abolition of such grade crossing, be considered as a railroad 

corporation under sections sixty-five to eighty-two, inclusive, of chapter one hundred and fiftynine if such company has taken any land or other property under authority of the two preceding 

sections; and it may bring a petition, or be made a respondent to any petition brought by any of 

the other parties named in said sections, in the same way and be subject to the same liabilities as 

if it were a railroad corporation. 

Mass. Gen. Laws Ann. ch. 161, § 60 (West 2021) 

§ 109. Separation of private land; order of commissioners relative to crossing 

If a railroad lawfully laid out through land without the consent of the owner thereof separates a 

portion of such land from another or from a public way, and the owner, having a right to cross 

the railroad, cannot agree with the corporation as to the place or manner in which he shall cross, 

or if a crossing is inconvenient, either party, in a case which does not involve the abolition of a 

crossing at grade, may apply to the county commissioners, who, after taking a recognizance from 

the applicant to the county, with sureties to their satisfaction, for the payment of costs and 

expenses according to their order, and after notice to the other party and a hearing, may make an 

order relative to such crossing and to the costs of the application; but they shall not order the 

corporation to construct or maintain a crossing without its consent, unless it is liable by law or by 

agreement to construct a crossing for the owner of the land, or is the applicant. 

Mass. Gen. Laws Ann. ch. 160, § 109 (West 2021) 

§ 111. Decisions of commissioners; appeal 

A party aggrieved by a decision or order of the county commissioners in any matter or 

proceeding arising under section one hundred and nine, or section fifty-nine of chapter one 

hundred and fifty-nine, or by their unreasonable refusal or neglect to announce a decision in any 

such matter or proceeding for sixty days after the first day fixed for a hearing thereon, may 

appeal to the department by filing a notice of appeal with the county commissioners within ten 

days after the decision or order appealed from, or in case of a refusal or neglect to announce a 

decision, within ten days after the expiration of sixty days from the first day fixed for a hearing 

thereon. The proceedings before the county commissioners in which the appeal is taken shall 

thereupon be stayed. 

Mass. Gen. Laws Ann. ch. 160, § 111 (West 2021) 

§ 246. Supervisory powers of department 
653 

If the consent of the department is required for the crossing of a way or traveled place by a 

railroad for private use, it may limit the number of tracks, and may impose other conditions 

relative to the use of the crossing by said railroad, and may modify such limitations and 

conditions. The department may, upon the complaint of any party interested, or upon its own 

motion, exercise supervisory powers over all railroads for private use with regard to the character 

and condition of the roadbed, tracks, crossings, rolling stock, machinery, equipment and 

appliances used in or in connection with the operation of such railroads, so far as is reasonable 

and expedient to promote the security of persons employed in the maintenance and operation of 

the same and of the public. 

Mass. Gen. Laws Ann. ch. 160, § 246 (West 2021) 

Michigan (1) 

§ 462.323. Construction and maintenance of farm crossings; establishment and use of other 

private crossings 

Sec. 323. (1) A farm crossing shall be constructed and maintained by the railroad at the expense 

of the party requesting the crossing. 

(2) Farm crossings shall be of such width and condition as shall permit expeditious and safe 

passage of large farm machinery. 

(3) A railroad may permit the establishment and use of other private crossings on such terms as 

may be negotiated between the requesting party and the railroad. 

Mich. Comp. Laws Ann. § 462.323 (West 2021) 

Minnesota (5) 

§ 219.13. Farm crossing 

A railroad company constructing a railroad so as to leave parts of a farm on different sides of the 

road shall construct a proper farm crossing at some place convenient for that farm. 

Minn. Stat. Ann. § 219.13 (West 2021) 

§ 219.33. Fence, crossing, cattle guard; landowner recourse 

Subdivision 1. Liability. A railroad company operating a line of railroad in this state, which has 

failed or neglected to fence the road and to erect crossings and cattle guards, is liable for all 

damages sustained by a person as a consequence of that failure or neglect. 

Subd. 2. Measure of damages. The measure of damages for failure to construct or maintain a 

fence is as follows: the owner of land abutting on the line of railway of the railroad company 

may serve notice on any of its station agents between April 1 and October 1 of any year, 

requiring the construction of a fence on the line between the person's land and the company's 

right-of-way. If the company does not construct the fence within 40 days after service of the 

notice, the landowner may recover from the company an amount not exceeding twice the cost of 

construction, with costs and reasonable attorney's fee, to be allowed by the court, or the 

landowner may construct the fence after the expiration of that time and receive from the 

company double the cost of construction, with like costs and attorney's fee. 

Subd. 3. Duty to maintain. The fence must be kept in repair by the railroad company in like 

manner and under like penalties as if built by the company. 
654 

Subd. 4. Failure to serve notice. Failure to serve notice does not relieve the railroad company 

from liability for damages for injuries to persons or domestic animals or other property, resulting 

from failure to fence its road. 

Minn. Stat. Ann. § 219.33 (West 2021) 

§ 219.35. Crossing and drain 

Persons owning lands abutting upon a railroad may construct, at their own expense, crossings 

under, over, or across the railroad and drains under and across the railroad at places and in ways 

that do not obstruct or impair the use of the railroad. Before constructing them, the owner of the 

land shall serve on the nearest station agent of the company a notice, stating in detail the work 

which the landowner desires to perform, and the company may construct that work; but the 

crossings and drains may not be opened for the use of the landowner until the landowner pays 

the reasonable cost of construction. These crossings and drains must be maintained and kept in 

repair by the railroad company; however, the railroad may require reimbursement from the 

abutting landowners of its reasonable and accountable maintenance and repair costs when 

maintenance and repair are initiated by the landowner and agreed to in advance by the railroad 

company. The railroad company shall ensure, allow, and not prohibit reasonable egress and 

ingress under, over, and across a crossing except as may be required for maintenance of the 

crossing or for normal operation of the railroad. 

Minn. Stat. Ann. § 219.35 (West 2021) 

§ 219.36. Gate at farm crossing 

A railroad company, which erects at a farm crossing a gate for the exclusive use of the owner 

and occupants of that farm, provides a lock for the gate, and delivers the key for the lock to the 

owner or occupant, is not liable to the owner or occupant for an animal killed or injured because 

the gate was left open without fault of the company, unless the killing or injury resulted from the 

wanton or malicious act of the company or its employees. 

Minn. Stat. Ann. § 219.36 (West 2021) 

§ 219.165. Safety rules for private railroad grade crossing 

By December 31, 1992, the commissioner shall adopt rules establishing minimum safety 

standards at all private railroad grade crossings in the state. 

Minn. Stat. Ann. § 219.165 (West 2021) 

Mississippi (1) 

§ 77-9-253. Stock-gaps, cattle-guards and plantation roads 

(1) It is the duty of every railroad company to construct and maintain all necessary or proper 

stock gaps and cattle guards where its track passes through enclosed land, and to make and 

maintain convenient and suitable crossings over its track for necessary plantation roads. 

However, the duty to make and maintain convenient and suitable crossings for necessary 

plantation roads shall not apply to property under common ownership that is contiguous to a 

public road which provides access to a reasonably convenient public railroad crossing. For the 

purposes of this section, a public railroad crossing is reasonably convenient if it is one (1) mile or 

less from the plantation road measured along the railroad track. 
655 

(2) For any failure to comply with subsection (1) of this section, the railroad company shall be 

liable to pay Two Hundred Fifty Dollars ($250.00), to be recovered by the person interested. 

(3) A person owning or having an interest as cropper or tenant in land in an enclosure as 

described in subsection (1) of this section shall have a right of action under this section whether 

the land of such person is entered or traversed by said track or not. 

(4) This section shall apply to all enclosed land, whether said land is or may be situated in a 

county or district where the stock law is or may be in force or not. The penalty provided for in 

subsection (2) of this section shall not be cumulative, and only one (1) recovery shall be had for 

each failure. 

(5) The provisions of this section may be enforced by a court of competent jurisdiction. 

(6) The provisions of this section shall not relieve a railroad company from the duty to continue 

to maintain convenient and suitable crossings over its track for necessary plantation roads and all 

necessary or proper stock gaps and cattle guards, if such crossings, stock gaps and cattle guards 

existed and were in use before July 1, 2002. 

Miss. Code. Ann. § 77-9-253 (West 2021) 

Missouri (2) 

§ 389.610. Railroad crossings construction and maintenance, highways and transportation 

commission to have exclusive power to regulate and provide standards--apportionment of 

cost 

8. Upon application of any person, firm or corporation, the state highways and transportation 

commission shall determine if an existing private crossing has become or a proposed private 

crossing will become utilized by the public to the extent that it is necessary to protect or promote 

the public safety. The state highways and transportation commission shall consider all relevant 

factors including but not limited to volume, speed, and type of vehicular traffic, and volume, 

speed, and type of train traffic. If it be determined that it is necessary to protect and promote the 

public safety, the state highways and transportation commission shall prescribe the nature and 

type of crossing protection or warning device for such crossing, the cost of which shall be 

apportioned by the state highways and transportation commission among the parties according to 

the benefits accruing to each. In the event such crossing protection or warning device as 

prescribed by the state highways and transportation commission is not installed, maintained or 

operated, the crossing shall be closed to the public. 

Mo. Ann. Stat. § 389.610 (West 2021) Excerpt from applicable statute published. 

§ 488.470. Lawful fences, gates, liability to erect or maintain, when--recovery of costs, 

attorney fees 

If any railroad corporation formed or to be formed in this state, and any corporation to be formed 

pursuant to chapter 389, or any railroad corporation running or operating any railroad in this state 

fails, neglects or refuses to erect or maintain in good condition any fence, openings or farm 

crossings or cattle guards as required by section 389.650, then the owners or proprietors of such 

lands, fields or enclosures may erect or repair such fences, openings, gates or farm crossings or 

cattle guards, and shall thereupon have a right to sue and recover from such corporation as 

provided in section 389.650. In such action, if the plaintiff recovers judgment, there shall be 

taxed, pursuant to section 389.650, as costs against the defendant an attorney's fee, to be fixed by 

the court or associate circuit judge before which or whom the cause may be pending, at such sum 
656 

as may be a reasonable compensation for all legal services rendered for plaintiff in the case, 

without regard to any agreement between plaintiff and his or her counsel as to fees; but such fee 

shall not be taxed so long as any appeal taken in such case shall remain undisposed of. 

Mo. Ann. Stat. § 488.470 (West 2021) 

Montana (0) 

No applicable statute related to this topic 

Nebraska (1) 

*§ 74-1335. Crossings; private; railroad; duties 

Whenever any person owns land on both sides of the right-of-way of any railroad, such railroad 

shall provide and keep in repair at least one adequate means for such landowner to cross the 

right-of-way. Any interested landowner with land on both sides of the right-of-way of any 

railroad may file written complaint with the Department of Transportation against any such 

railroad that the crossing is not adequate or is unsafe and dangerous to the life and property of 

those who use it, and the department thereupon shall make such investigation, hold such hearing, 

and issue such orders as it deems necessary, proper, and adequate. If circumstances warrant, the 

department may require overhead, underground, or grade crossings and wing fences at 

underground crossings or may require existing crossings to be relocated so as to be safe to those 

who use them, but when a special crossing involves an expenditure of more than one thousand 

five hundred dollars, the landowner shall bear one-half the expenses in excess of one thousand 

five hundred dollars. 

Neb. Rev. Stat. Ann. § 74-1335 (West 2021) 

Nevada (0) 

No applicable statute related to this topic 

New Hampshire (4) 

§ 373:6-a Private Crossings Used by Public. 

Whenever it shall appear, after notice and hearing held by the department of transportation upon 

its own motion or upon petition of any interested party, that an existing grade crossing is being 

used as a public highway and the adjacent approach or approaches thereto are maintained for use 

in a manner similar to a public highway, the department of transportation may require the same 

to be laid out, constructed and protected, and the costs thereof apportioned in accordance with 

the provisions of this chapter provided that the railroad shall not be charged with any of the said 

costs. 

N.H. Rev. Stat. Ann. § 373:6-a (2021) 

§ 373:24 Service of Orders. 

In the case of a private crossing, such order shall be served upon the railroad and the landowner 

affected, or his legal representative. In the case of public crossings, service shall be made upon 

the railroad, the clerk or clerks of the towns directly served by such crossing, and, in addition, 

the order shall be published in a newspaper having general circulation throughout the county 

where such crossing is located. 
657 

N.H. Rev. Stat. Ann. § 373:24 (2021) 

§ 373:33 Establishing. 

If the owner of land and a railroad are not agreed upon the place, number or kind of cattle 

guards, passes or crossings to be constructed for his accommodation, either party may apply to 

the department of transportation, which, after notice, hearing and examination, shall determine 

the number, places, time and manner of construction of the same. 

N.H. Rev. Stat. Ann. § 373:33 (2021) 

§ 373:34 Failure to Construct. 

If the railroad does not construct such cattle guards, passes and crossings within the times limited 

by the department of transportation, and does not pay the costs adjudged to be paid by it, upon 

request, it shall be guilty of a violation for each month's neglect. 

N.H. Rev. Stat. Ann. § 373:34 (2021) 

New Jersey (2) 

§ 48:12-46. Duty to erect and maintain; liability 

Every railroad company shall erect and maintain fences on the sides of its road of the height and 

strength of division fences required by law, with gates or barways at farm crossings. Every such 

company shall also construct and maintain cattle guards at road crossings sufficient to prevent 

cattle and other animals from getting on the railroad. 

Until such fences and guards are erected the company shall be liable for damages done by its 

trains to cattle or other animals straying on its railroad. Where such fences and guards have been 

duly erected and maintained the company shall not be liable for such damages unless negligently 

or willfully done. 

N.J. Stat. Ann. § 48:12-46 (West 2021) 

§ 48:12-49. Bridges and passages at street and road crossings; private ways and cattle 

guards 

Every railroad company owning, leasing or controlling any right of way for a railroad within this 

state shall construct and keep in repair good and sufficient bridges and passages over, under and 

across the railroad or right of way where any road, street or avenue now or hereafter laid, shall 

cross the same, so that public travel on the road is not impeded thereby. Said bridges and 

passages shall be of such width and character as shall be suitable to the locality in which they are 

situated. 

Where the railroad intersects the land of an individual the company shall provide and keep in 

repair suitable and convenient passageways over, under and across the railroad and construct and 

maintain suitable and proper cattle guards at all road crossings. 

This section shall not enlarge the duty imposed by its charter upon any railroad company 

incorporated by special act and whose railroad was constructed before the second day of April, 

one thousand eight hundred and seventy-three. 

N.J. Stat. Ann. § 48:12-49 (West 2021) 

New Mexico (0) 
658 

No applicable statute related to this topic 

New York (3) 

§ 52. Fences, farm crossings and cattle-guards 

Every railroad corporation, and any lessee or other person in possession of its road, shall, before 

the lines of its road are opened for use, and so soon as it has acquired the right of way for its 

roadway, erect and thereafter maintain fences on the sides of its road of height and strength 

sufficient to prevent cattle, horses, sheep and hogs from going upon its road from the adjacent 

lands, with farm crossings and openings with gates therein at such farm crossings whenever and 

wherever reasonably necessary for the use of the owners and occupants of the adjoining lands, 

and shall construct where not already done, and hereafter maintain, cattle-guards at all road 

crossings, suitable and sufficient to prevent cattle, horses, sheep and hogs from going upon its 

railroad. So long as such fences and cattle-guards are not made, or are not in good repair, the 

corporation, its lessee or other person in possession of its road, shall be liable for all damages 

done by their agents or engines or cars to any domestic animals thereon. When made and in good 

repair, they shall not be liable for any such damages, unless negligently or wilfully done. A 

sufficient post and wire fence of requisite height shall be deemed a lawful fence within the 

provisions of this section, but barbed wire shall not be used in its construction. 

No railroad need be fenced, when not necessary to prevent horses, cattle, sheep and hogs from 

going upon its track from the adjoining lands. Every adjoining land owner, who, or whose 

grantor, has received compensation for fencing the line of land taken for a railroad, and has 

agreed to build and maintain a lawful fence along such line, shall build and maintain such fence. 

If such owner, his heir or assign shall not build such fence, or if built, shall neglect to maintain 

the same during the period of thirty days after he has been notified so to do by the railroad 

corporation, such corporation shall thereafter build and maintain such fence, and may recover of 

the person neglecting to build and maintain it the expense thereof. And when such railroad shall 

cross timbered or forest lands, the company shall construct and maintain suitable and sufficient 

crossings, whenever and wherever reasonably necessary to enable the respective owners of said 

lands to transport logs, timber and lumber for manufacture or sale, or for banking on any stream, 

to be floated or driven down the same. In case of any neglect or dispute the supreme court may 

by mandamus or other appropriate proceedings, compel the same, and also fix the point or 

location of any such crossing. 

As used in this section, the term “farm crossings” shall mean at-grade rail crossings that are 

utilized primarily as access to and from adjoining property which is actively used for farming or 

agricultural purposes by the owner or by the tenant of such property. 

N.Y. R.R. Law § 52 (McKinney 2021) 

§ 97. Intercity rail passenger service 

1. As used in this section, unless a different meaning clearly appears from the context, the term: 

a. “Intercity rail passenger service” shall mean any intercity rail passenger transportation 

operation where rail passenger trains operate on a regular scheduled basis. 

b. “Intercity rail passenger service corridor” shall mean a continuous railroad route which 

contains one or more segments of railroad track or tracks where intercity rail passenger service is 

in operation by the national rail passenger corporation. 

c. “Public rail crossing” shall mean a crossing where a highway, roadway or similar facility, 

which is owned by a government, either federal, state or local, a public authority or a public 
659 

agency, crosses a railroad track or tracks, is open to the public and has been designated as such 

by order of the commissioner, or recognized as having been a public at-grade crossing prior to 

eighteen hundred ninety-seven. 

d. “Private rail crossing” shall mean a crossing which traverses a railroad track or tracks and may 

be used by the owner of the right-of-way, the owner's invitees and others, including the public, 

but has not been declared or recognized as a public rail crossing by the commissioner. 

e. “Railroad” shall mean a private or public railroad operating in the state of New York carrying 

either freight or passengers or freight and passengers including, but not limited to, those operated 

by the metropolitan transportation authority and its subsidiaries, including the Long Island Rail 

Road or operated by any other public authority or local government. 

2. No new private rail crossings shall be established in an intercity rail passenger service corridor 

until an application has been made to and approved by the commissioner. Whenever an 

application is made, the commissioner shall conduct a hearing to determine if a private rail 

crossing is justified or if an existing public or private crossing could be used to avoid the creation 

of a new crossing. If the commissioner determines that a crossing is justified and is in the best 

interest of the people of the state of New York, the commissioner shall determine the manner of 

the crossing, whether it is to be at-grade or grade-separated, the location, the manner of 

protection and the apportionment of responsibility for the maintenance of any such crossing, 

including any warning devices. 

3. In order to insure public safety, the commissioner may, if he or she determines it appropriate, 

require alterations in an existing private rail crossing, including a farm crossing, which is located 

in an intercity rail passenger service corridor and is hereby authorized to participate in the cost of 

such alterations. In the event that an agreement on such alterations cannot be reached between 

the railroad owning the crossing, property owners who are directly impacted by the crossing and 

the department, the commissioner shall conduct a hearing on the need for such alterations and 

whether any other alternatives are available, including the use of an alternate route or the closure 

of the crossing and shall, where applicable, determine the apportionment of responsibility for the 

alteration and maintenance of any such crossing, including any warning devices. Public comment 

shall be sought on any proposed alteration or closure which will impact public access to lands 

open to the public for recreational use. Comments received from the public shall be considered in 

any decision to alter or close such a crossing. No crossing which provides direct access to public 

state recreational lands shall be closed unless the commissioner, in consultation with the state 

agency with jurisdiction over such lands, finds that there is a reasonable alternate route to such 

lands that maintains public access to and the public recreational value of such lands. 

4. The commissioner shall prepare and promulgate standards and specifications for the design 

and protection of private rail crossings in an intercity rail passenger service corridor and is 

authorized to adopt and promulgate such rules and regulations to accomplish this as shall be 

deemed necessary. 

5. The commissioner shall have the power to acquire any real property, easements, rights-of-way 

or similar rights necessary for the purposes of this article in the same manner as property is 

acquired for state highway purposes pursuant to the provisions of section thirty of the highway 

law. 

N.Y. R.R. Law § 97 (McKinney 2021) 

§ 97-a. Commuter rail service 

1. As used in this section, unless a different meaning clearly appears from the context, the term: 
660 

a. “Commuter rail service” shall mean any rail passenger transportation operation where heavy 

rail passenger trains provide scheduled passenger service for weekday commuters between a city 

or cities and adjacent areas. 

b. “Commuter rail service corridor” shall mean a railroad route which contains one or more 

segments of railroad track where commuter rail service is in operation. 

c. “Private rail crossing” shall have the same meaning as such term is defined in section ninetyseven of this article. 

d. “Railroad” shall have the same meaning as such term is defined in section ninety-seven of this 

article. 

2. No new private rail crossings shall be established in a commuter rail service corridor until an 

application has been made to and approved by the commissioner. Whenever an application is 

made, the commissioner shall conduct a hearing to determine if a private rail crossing is justified 

or if an existing public or private crossing could be used to avoid the creation of a new private 

rail crossing. If the commissioner determines that a new private rail crossing is justified and is in 

the best interest of the people of the state of New York, the commissioner shall determine the 

manner of the crossing, whether it is to be at-grade or grade-separated, the location, the manner 

of protection and the apportionment of responsibilities and costs for the construction, inspection 

and maintenance of any such private rail crossing, including any warning devices. 

3. a. In order to insure public safety, the commissioner may, if he or she determines it 

appropriate, require alterations in an existing private rail crossing, including a farm crossing, 

which is located in a commuter rail service. In the event that an agreement on such alterations 

cannot be reached between the railroad owning the crossing, property owners who are directly 

impacted by the existing private rail crossing and the department, the commissioner shall 

conduct a hearing on the need for such alterations and whether any other alternatives are 

available, including the use of an alternate route or the closure of the private rail crossing and 

shall, where applicable, determine the apportionment of responsibilities and costs for the 

alteration, construction, inspection and maintenance of any such private rail crossing, including 

any warning devices. 

b. Public comment shall be sought on any proposed alteration or closure which will impact 

public access to lands open to the public for recreational use. Comments received from the public 

shall be considered in any decision to alter or close a private rail crossing. No private rail 

crossing which provides direct access to public state recreational lands shall be closed unless the 

commissioner, in consultation with the state agency with jurisdiction over such lands, finds that 

there is a reasonable alternate route to such lands that maintains public access to and the public 

recreational value of such lands. 

4. The commissioner shall prepare and promulgate standards and specifications for the design 

and protection of private rail crossings in a commuter rail service corridor and, in consultation 

with the metropolitan transportation authority, is authorized to adopt and promulgate such rules 

and regulations as may be necessary to implement the provisions of this section. Except as 

otherwise provided by law, said rules and regulations shall include guidelines for the allocation 

of responsibility for the costs associated with establishment of any new private crossings 

pursuant to subdivision two of this section or the closing or improvement of existing private 

crossings pursuant to subdivision three of this section and shall recognize that the private 

interests seeking or using a crossing shall be generally responsible for such costs as well as all 

costs associated with the inspection and maintenance of such improvements; and, that the 
661 

arrangement between the railroad and the owners or occupants of the adjoining properties shall 

be formalized in an agreement. 

5. The commissioner shall have the power to acquire any real property, easements, rights-of-way 

or similar rights necessary for the purposes of this article in the same manner as property is 

acquired for state highway purposes pursuant to the provisions of section thirty of the highway 

law. 

N.Y. R.R. Law § 97-a (McKinney 2021) 

North Carolina (1) 

§ 136-194. Cattle guards and private crossings; failure to erect and maintain misdemeanor 

Every company owning, operating or constructing any railroad passing through and over the 

enclosed land of any person shall, at its own expense, construct and constantly maintain, in good 

and safe condition, good and sufficient cattle guards at the points of entrance upon and exit from 

such enclosed land and shall also make and keep in constant repair crossings to any private road 

thereupon. Every railroad corporation which shall fail to erect and constantly maintain the cattle 

guards and crossings provided for by this section shall be liable to an action for damages to any 

party aggrieved, and shall be guilty of a Class 3 misdemeanor and only fined in the discretion of 

the court. Any cattle guard approved by the Commission shall be deemed a good and sufficient 

guard under this section. 

N.C. Gen. Stat. Ann. § 136-194 (West 2021) 

North Dakota (3) 

§ 49-10.1-21. Railroad crossing determination 

If a dispute arises as to whether a railroad grade crossing should be classified as public or private 

as defined in section 49-11-00.1, the railroad corporation, governmental entity, or private 

property owner may file with the commission a petition and the commission shall determine 

whether the crossing is public or private. 

N.D. Cent. Code Ann. § 49-10.1-21 (West 2021) 

§ 49-11-17. Railroad crossing over land owned on both sides by one person--Penalty for 

failure to provide 

When any person owns land on both sides of any railroad and contiguous to the railway, the 

corporation or individual owning or operating such railway shall make and keep in good repair a 

proper cattle guard and causeway or other adequate means of crossing such railway at such 

reasonable place as may be designated by the landowner or the landowner's agent, upon at least 

ten days' written notice by the commission to the railroad corporation provided an adequate 

crossing is not otherwise accessible. The type of all cattle guards required by law to be 

constructed in this state before being installed shall be approved by the commission. The owner 

or person in possession of the land through which the railroad passes may recover twenty-five 

dollars for every thirty days of default on the part of the person or corporation operating the 

railroad after at least a ten-day notice served on an officer, roadmaster, or section foreman of the 

operating company has designated the place for the erection of the cattle-guarded crossings or 

the road crossing, requested and a like penalty for failure to keep such cattle guards or road 

crossings in good repair after at least a ten-day written notice has been served upon the operating 

company that such repairs are necessary. 
662 

N.D. Cent. Code Ann. § 49-11-17 (West 2021) 

§ 49-11-28. Swinging gates--When railroad required to maintain 

Upon the written request of the owner or lessee of land abutting the railroad's right of way, the 

owners or operators of a railroad shall construct and maintain suitable and safe swinging gates on 

any side of a private crossing enclosed by the railroad under section 49-11-24. The request must 

be made at the same time a request is made under subsection 1 of section 49-11-24. 

N.D. Cent. Code Ann. § 49-11-28 (West 2021) 

Ohio (5) 

§ 4955.27 Private crossing 

When a person owns fifteen or more acres of land in one body through which a railroad passes, 

which land is so situated that he cannot use a crossing in a public street, lane, road, or other 

highway in going from his land on one side of the railroad to that on the other side without great 

inconvenience, at his request the company or person operating such railroad, at the expense of 

such company or person shall, within four months after such request, construct a good and 

sufficient private crossing across such railroad and the lands occupied by the company, between 

the two pieces of land to enable such landowner to pass with a loaded team and over which he 

may go at all times when such railroad is not being used at the crossing, or so near to it as to 

render passing thereat dangerous. 

Ohio Rev. Code Ann. § 4955.27 (West 2021) 

§ 4955.28 Owner may build at company's expense 

If, for four months after the request by a landowner for that purpose, the company or person 

neglects to construct a good and sufficient private crossing as provided in section 4955.27 of the 

Revised Code, after reasonable notice to the agent of the company for receiving and shipping 

freight at the station on the railroad nearest to the land where it is proposed to construct such 

crossing by the landowner of the time when he will proceed to construct it, such landowner may 

enter upon the lands of the company at any point he wishes between the two pieces of his land 

and construct such crossing. Such company or person is liable to such landowner for all the 

reasonable expense of such construction, not exceeding fifty dollars, which he may recover in an 

action against such company or person. 

Ohio Rev. Code Ann. § 4955.28 (West 2021) 

§ 4955.29 Exception 

Sections 4955.27 and 4955.28 of the Revised Code do not apply to any case in which 

compensation for building a private crossing is considered and estimated as part of the 

consideration to be paid for the right of way, so far as the right to private crossing has been or 

may be settled or paid for. Such sections do not affect, in any manner, any contract or agreement 

between any railroad company or person having control or management of a railroad and the 

proprietor or occupants of lands adjoining, for the construction or maintenance of railroad 

crossings. 

Ohio Rev. Code Ann. § 4955.29 (West 2021) 

§ 4959.03 Cattle guards and crossings 
663 

Before operating a railroad, the company or person having control or management of such 

railroad shall maintain at every point where a public road, street, lane, or highway used by the 

public crosses such railroad, safe and sufficient crossings, and on each side of such crossings 

cattle guards sufficient to prevent domestic animals from going upon such railroad. Such 

company or person shall be liable for all damages sustained in person or property by reason of 

the want or insufficiency of such fence, crossing, or cattle guard, or neglect or carelessness in the 

construction or keeping in repair of such fence, crossing, or cattle guard. 

Ohio Rev. Code Ann. § 4959.03 (West 2021) 

§ 4999.03 Riding or driving into enclosures of railroads 

No person shall, at a place other than a private crossing or for a purpose other than crossing a 

railroad, ride or drive a horse or other domestic animal into an enclosure of a railroad or 

knowingly permit such animal to go into or remain in such enclosure, or place feed, salt, or other 

thing within such enclosure to induce such animal to enter into it or upon the track of such 

railroad, or, while constructing a private crossing or crossing a railroad at a private crossing, 

permit a fence to remain down or open for a longer time than is necessary to construct or use 

such crossing. Whoever violates this section shall be fined not more than ten dollars or 

imprisoned for not less than ten nor more than thirty days. 

Each ten hours such animal is knowingly permitted to remain in such enclosure or upon such 

track is an additional offense. Such animal is not exempt from execution for a fine or costs 

imposed under this section. 

Ohio Rev. Code Ann. § 4999.03 (West 2021) 

Oklahoma (1) 

§ 127. Causeway 

When any person owns land on both sides of any railroad, the corporation owning such railroad, 

shall, when required to so do, make and keep in good repair one causeway or other safe and 

adequate means of crossing the same. 

Okla. Stat. Ann. tit. 66, § 127 (West 2021) 

Oregon (6) 

§ 374.309. County roads; rules and regulations; permits 

(1) The county court or board of county commissioners shall adopt reasonable rules and 

regulations and may issue permits, not inconsistent with law, for the use of the rights of way of 

county roads for the purposes described in ORS 374.305. 

(2) Rules and regulations adopted and permits issued under subsection (1) of this section shall 

include provisions, terms and conditions that in the judgment of the granting authority are in the 

best interest of the public for the protection of the road and the traveling public and may include, 

but need not be limited to: 

(a) Provisions for construction of culverts under approaches, requirements as to depth of fills 

over culverts and requirements for drainage facilities, curbs, islands and other facilities for traffic 

channelization as may be deemed necessary. 

(b) With respect to private road crossings, additional provisions for the angle of intersection, 

crossing at grade or other than grade, sight distances, safety measures including flaggers, 
664 

crossing signs and signals, reinforcement for protection of the road, maintenance of the crossing 

and for payment by the applicant of any of the costs of complying with the provisions. 

(c) With respect to private road crossings, the granting authority may also require the applicant to 

furnish: 

(A) Public liability and property damage insurance in a sum fixed by the granting authority that 

indemnifies the members, officers, employees and agents of the granting authority from any 

claim that might arise on account of the granting of the permit and the crossing of the road by 

vehicles operating under the permit; and 

(B) Indemnity insurance, an indemnity bond or an irrevocable letter of credit issued by an 

insured institution as defined in ORS 706.008 in a sum fixed by the granting authority, 

indemnifying the granting authority for any damage to the roads that may be caused by the use of 

the crossing. 

(3) The powers granted by this section and ORS 374.315 may not be exercised so as to deny any 

property abutting the road reasonable access. In determining what is reasonable access, the 

county court or board of county commissioners shall apply the following criteria: 

(a) The access must be sufficient to allow the authorized uses for the property identified in the 

acknowledged local comprehensive plan. 

(b) The type, number, size and location of approaches must be adequate to serve the volume and 

type of traffic reasonably anticipated to enter and exit the property, based on the planned uses for 

the property. 

Or. Rev. Stat. Ann. § 374.309 (West 2021) 

§ 374.310. Rules; permits 

(1) The Department of Transportation shall adopt rules consistent with this section and ORS 

374.312 to govern the process of application for issuance of permits for approach roads to state 

highways by owners of property abutting highways. However, the department may not issue a 

permit for the construction of any approach road at a location where no rights of access exist 

between the highway and abutting real property. 

(2) The rules and permits shall include provisions, terms and conditions that in the judgment of 

the department are in the best interest of the public for the protection of the highway and the 

traveling public and may include, but need not be limited to: 

(b) With respect to private road crossings, additional provisions for the angle of intersection, 

crossing at grade or other than grade, sight distances, safety measures including flaggers, 

crossing signs and signals, reinforcement for protection of the highway, maintenance of the 

crossing and for payment by the applicant of any of the costs of complying with the provisions. 

(c) With respect to private road crossings, the department may also require the applicant to 

furnish: 

(A) Public liability and property damage insurance in a sum fixed by the department that 

indemnifies the officers, employees and agents of the department from any claim that might arise 

on account of the granting of the permit and the crossing of the highway by vehicles operating 

under the permit; and 

(B) Indemnity insurance, an indemnity bond or an irrevocable letter of credit issued by an 

insured institution as defined in ORS 706.008 in a sum fixed by the department that indemnifies 

the department for any damage to the highways that may be caused by the use of the crossing. 

Or. Rev. Stat. Ann. § 374.310 (West 2021) Excerpt from applicable statute published. 
665 

§ 608.310. Erecting and maintaining fences, crossings, gates and cattle guards; rules 

(1) Every person, or the lessee or agent of the person, owning or operating any railroad, shall 

erect and maintain good and sufficient lawful fences on both sides of the railroad line, except at 

the crossings of and upon public roads and highways, within such portions of cities as are or may 

be laid out and platted in lots and blocks and at railroad station grounds. Such person shall also at 

the same time erect and maintain necessary farm crossings and gates and sufficient cattle guards 

at all public crossings. 

(2) Railroad lines shall be so fenced and farm crossings, gates and cattle guards installed, within 

three months from the time such lines are put in operation. However, the Department of 

Transportation may prescribe by rule the number, location and character of farm crossings which 

may be necessary and the manner in which they shall be constructed so that they are reasonably 

adequate, safe, sufficient and convenient, but not so as to impair the terms of any contract 

between the landowner and the railroad or judgment in condemnation relative to such crossings. 

(3) The Department of Transportation may, by rule, determine and prescribe any other 

description of fence than that designated as a lawful fence, which shall be constructed and 

maintained by any such railroad company between the points which are designated in such rule, 

and may provide for the apportionment of the costs of reconstruction necessitated thereby as 

between the parties interested. 

(4) The Department of Transportation by rule may suspend the operation of this section as to any 

particular portion of any line of railroad. 

Or. Rev. Stat. Ann. § 608.310 (West 2021) 

§ 608.320. Penalties for refusal or failure to maintain fences, crossings, gates and guards 

(1) Any person shall forfeit and pay into the State Treasury the sum of $100 for each mile of 

fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person 

fails, neglects or refuses to erect and maintain in violation of ORS 608.310. This shall be 

recovered as other penalties are recovered and paid into the State Treasury. 

(2) If a person neglects or refuses to comply with ORS 608.310 to 608.330, the Attorney General 

or prosecuting attorney of the proper county may, by mandamus, compel compliance with such 

sections. 

(3) The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. 

Or. Rev. Stat. Ann. § 608.320 (West 2021) 

§ 608.330. Prohibition against leaving gates open 

(1) No person shall intentionally or negligently leave open or unfastened any farm crossing gate, 

or let down and leave down any bars of any railroad fence. 

(2) Justices of the peace have original jurisdiction for violations of this section. 

Or. Rev. Stat. Ann. § 608.330 (West 2021) 

§ 824.224. Stop signs installed at private crossings; notice to landowner; eminent domain 

(1) At every farm or private grade crossing of a railroad where no automatic grade crossing 

protective device is installed, the railroad shall cause to be installed and maintained, as a means 

of protecting the crossing, one or more stop signs. 
666 

(3) After notice to any affected landowner and opportunity for a hearing, unless a hearing is not 

required under ORS 824.214, the Department of Transportation may alter, relocate or close any 

farm or private grade crossing on any line designated as a high speed rail system. 

(4) If the department decides to alter, relocate or close a farm or private grade crossing in such a 

manner as to constitute a taking of private property, the department shall exercise its power of 

eminent domain to acquire such property as is necessary to carry out the decision. A department 

order under this subsection shall constitute a resolution of necessity for exercise of the 

department's power of eminent domain. 

(5) If the department exercises its power of eminent domain under subsection (4) of this section, 

the department shall use any combination of state or federal funds allocated for high speed rail 

systems to pay any settlement with or judgment in favor of an owner of a farm or private grade 

crossing. The department shall have discretion to determine whether to reach a settlement with 

an owner of a farm or private grade crossing. 

(6) The costs of implementing a department order issued under subsection (3) of this section 

shall be apportioned to any combination of state or federal funds specifically allocated for high 

speed rail systems as the department determines appropriate in order to eliminate farm or private 

grade crossings or to enhance safety at such crossings. 

Or. Rev. Stat. Ann. § 824.224 (West 2021) Excerpt from applicable statute published. 

Pennsylvania (0) 

No applicable statute related to this topic 

Rhode Island (3) 

§ 39-8-1.3. Authorization for private crossing 

No railroad owning railroad tracks within the state shall enter into any agreement of any nature 

whatsoever with any private party for the establishment of a private crossing at grade, unless and 

until the railroad shall have obtained permission from the commission for the establishment of 

the private crossing. 

39 R.I. Gen. Laws Ann. § 39-8-1.3 (West 2021) 

§ 39-8-1.4. Barricading of crossings 

The general assembly hereby declares that any private railroad crossing found by the 

commission after a hearing to be dangerous or a hazard to the public or to those using trains is a 

public nuisance, and the commission may order the railroad to barricade the crossing as a matter 

of public safety. 

39 R.I. Gen. Laws Ann. § 39-8-1.4 (West 2021) 

§ 39-8-16. Closing of gates at private way 

Whoever enters upon or crosses a railroad at any private way that is closed by gates or bars and 

neglects to close them securely, shall be fined not less than two dollars ($2.00) nor more than ten 

dollars ($10.00) and shall be liable for the damage sustained therefrom. 

39 R.I. Gen. Laws Ann. § 39-8-16 (West 2021) 

South Carolina (2) 
667 

§ 58-15-810. Protection of private crossings over railroads. 

Private roads crossing railroads shall be protected by the railroads as the law requires them to 

protect public highways. 

S.C. Code Ann. § 58-15-810 (2021) 

§ 58-17-1370. Stock guards or cattle gaps shall be constructed. 

Each railroad company whose line of road lies wholly or partly in this State shall construct and 

keep in repair an adequate stock guard or cattle gap at every point where the line of railroad of 

any such company crosses the line of any fence in this State. For every violation of this section 

the railroad company so violating it shall pay to the owner of the fence upon the line of which 

such stock guard or cattle gap should have been constructed and kept in repair the sum of one 

hundred dollars, to be recovered by action in the court of common pleas for the county in which 

such stock guard or cattle gap should have been constructed and kept in repair. 

S.C. Code Ann. § 58-17-1370 (2021) 

South Dakota (1) 

§ 49-16A-86. Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of 

railroad 

A railroad owning or operating a road in this state, which is constructed across the land of any 

person leaving a portion of the premises on each side of its right-of-way, shall, when ordered to 

by the Department of Transportation, make and keep in good repair a private farm crossing or 

other causeway over its right-of-way, and upon like order shall construct and maintain safe and 

adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the 

land shall keep the gates for such private farm crossing closed except when in actual use. A 

railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his 

property by reason of a failure to keep the gates closed. 

S.D. Codified Laws § 49-16A-86 (2021) 

Tennessee (1) 

§ 65-18-106. Private crossings 

Where land on both sides of a track is owned by the same proprietor, convenient crossings shall 

be made and kept up at the expense of the corporation for the use of the proprietor, and all 

necessary cowgaps made. 

Tenn. Code Ann. § 65-18-106 (West 2021) 

Texas (0) 

No applicable statute related to this topic 

Utah (1) 

§ 56-1-13. Fencing right of way--Gates 

Every railroad company shall erect and maintain a fence on each side of its rights of way where 

the same passes through lands owned and improved by private owners, and at all public road 

crossings shall connect the same with cattle guards. Such fence shall not be less than four and 

one-half feet in height and may be constructed of barbed or other fencing wire with not less than 
668 

five wires, and good, substantial posts not more than one rod apart with a stay midway between 

the posts attached to the wires to keep said wires in place; and whenever such railroad company 

shall provide gates for private crossings for the convenience of the owners of the land through 

which such railroad passes, such gates shall be so constructed that they may be easily operated; 

and every railroad company shall be liable for all damages sustained by the owner of any 

domestic animal killed or injured by such railroad in consequence of the failure to build or 

maintain such fence. The owner of such lands shall keep such gate closed at all times when not 

in actual use, and if such owner fails to keep such gates closed, and in consequence thereof, any 

animal owned by him strays upon such railroad, and is killed or injured, such owner shall not be 

entitled to recover damages therefor. 

Utah Code Ann. § 56-1-13 (West 2021) 

Vermont (4) 

*§ 3639. Farm crossings and cattle guards; construction and maintenance 

(a) A person or corporation owning or operating a railroad shall construct and maintain farm 

crossings of the road for the use of the proprietors of lands adjoining the railroad, and cattle 

guards at all farm and road crossings sufficient to prevent cattle and animals from getting on the 

railroad. A farm crossing may be temporarily or permanently closed or discontinued by mutual 

agreement between all parties having an interest therein. If no such mutual agreement can be 

reached by such interested parties, then a person or corporation owning or operating a railroad 

and desiring to close any farm crossing shall make application to the Transportation Board. The 

Board shall thereupon give notice to all parties interested, in such manner as the Board may 

direct, of hearing on the application, the hearing to be in the county where such crossing is 

located. After the hearing, a person or corporation owning or operating a railroad shall not close 

such farm crossing without the approval of the Transportation Board. A person aggrieved by the 

closing of a farm crossing after January 1, 1955 by a person or corporation owning or operating a 

railroad may notify the Transportation Board by registered or certified mail of the closing, and 

thereupon the Board shall conduct a hearing. Notice and place of hearing shall be as set forth in 

this subsection. The Transportation Board may require the reopening of any such crossing and 

make such other order as is permitted in section 3649 of this title. At any such hearing, the 

burden of proof shall rest with the person or persons effecting or seeking to effect the closing of 

such farm crossing. Any person aggrieved by an order of the Transportation Board may, in 

accordance with Rule 74 of the Vermont Rules of Civil Procedure, appeal to the Superior Court, 

whereupon such cause shall be tried as an original action brought under the provisions of 12 

V.S.A. § 402. 

(b) A person or railroad corporation closing any farm crossing in violation of a provision of this 

section or failing to comply with any such order shall be fined not less than $50.00 nor more than 

$500.00 and any person aggrieved by such violation may recover his or her damages in an action 

on this statute. 

Vt. Stat. Ann. tit. 5, § 3639 (West 2021) 

§ 3640. Board, when parties disagree 

When the parties cannot agree upon the plan, manner, or number of the farm crossings, the same 

shall be determined by the Transportation Board on petition and after a public hearing. However, 

if the cost of such farm crossings exceeds the value of the land to be accommodated thereby, the 
669 

Board need not order such crossings to be made, but shall award reasonable damages in lieu 

thereof. 

Vt. Stat. Ann. tit. 5, § 3640 (West 2021) 

§ 3641. Cattle guards at highway crossings 

The provisions of law relieving parties owning property adjoining a highway from maintaining 

fences along the line of such highway shall not be held to relieve persons owning or operating a 

railroad from maintaining cattle guards at points where such railroad crosses a highway at grade. 

Vt. Stat. Ann. tit. 5, § 3641 (West 2021) 

§ 3648. Complaint regarding fences, guards, crossings, watercourses 

A person through whose land a railroad passes, after such road is in operation, and after 10 days' 

notice by registered or certified letter addressed to the principal office of such railroad, may 

make complaint in writing to the Transportation Board that he or she is aggrieved by the neglect 

or default of a railroad corporation in constructing or maintaining fences, cattle guards, or farm 

crossings which the corporation is bound to construct or maintain, or by its stopping, impeding, 

or altering a watercourse, or by its making or stopping a ditch. The Board shall give reasonable 

notice to the petitioner and to the railroad corporation and to any other parties having an interest 

in the subject matter of the complaint, of the time and place of hearing thereon, and such notice 

shall be given by registered or certified mail or by personal delivery. 

Vt. Stat. Ann. tit. 5, § 3648 (West 2021) 

Virginia (2) 

§ 56-429. Company to erect fences along roadbed; cattle guards, etc. 

Upon the written request by certified mail to the registered agent of the railroad in question of 

any landowner whose land adjoins the railroad and whose land is otherwise enclosed for the 

purpose of maintaining livestock, every railroad company shall cause fences to be erected along 

its line and on both sides of its roadbed and shall keep such fences in proper repair. Such fence 

shall be adequate to enclose livestock. The owners of adjoining lands may connect their fences 

with such fences at such places as they may deem proper. In erecting such fences the company 

shall, at the termini of those portions of the roadbed which it is required to fence, and on each 

side of all public and private crossings, construct across its roadbed and keep in good repair 

cattle guards reasonably sufficient to turn all kinds of livestock, with which its fences shall be 

connected. Such cattle guards at private crossings may be dispensed with if the company erects 

sufficient gates and maintains them in good order. 

Such fences shall be constructed on the request of the landowner, in writing, by certified mail, to 

the registered agent of such railroad. If the company refuses or fails, for 180 days after such 

request, to construct or maintain the fences at the place designated, the owner, having given ten 

days' notice in writing to such registered agent, may apply to the circuit court of the county or 

city in which any such point is located for the appointment of three disinterested freeholders, 

whose duty it shall be to go on the land and determine whether the proposed fence shall be 

constructed. Their decision shall be in writing, and shall be forthwith returned to and filed in the 

office of the clerk of such court. If such decision is that the fence ought to be constructed, the 

company shall, within sixty days thereafter, construct the same. Upon its failure so to do, it shall 

pay to the landowner fifty dollars for every day of such failure. Any style of fence approved by 
670 

the State Corporation Commission shall, if properly constructed and maintained, be deemed a 

sufficient fence within the meaning of this chapter. Any delay in construction or maintenance 

caused by inclement weather, war, strikes, acts of God, national emergencies or failure of any 

local, state, or federal governmental agencies to grant permits shall extend the aforesaid period. 

Any such company may erect gates or bars instead of the cattle guards required by this section, 

if, in the judgment of the company, the hazard to trains at such crossings requires gates or bars as 

a safeguard to life and property on the trains. If such fence, cattle guard or gate is destroyed or 

damaged due to the negligence of the landowner, the landowner shall be solely responsible for 

restoring or repairing such fence, cattle guard or gate. 

The circuit court of the county or city wherein any such fence or cattle guard, or any portion 

thereof, is to be erected or built pursuant to this section shall have jurisdiction through its power 

to grant equitable relief to compel the erection of any such fence, or building of any such cattle 

guards along or adjoining lands or lots actually enclosed. 

Va. Code Ann. § 56-429 (West 2021) 

§ 56-548. Highway and roadway crossings 

No crossing of a railway, highway, street, road or alley shall be at grade, but shall pass above or 

below the railway, highway, street, road, or alley, and such crossings are hereby permitted, 

subject to the provisions of this chapter. 

Va. Code Ann. § 56-548 (West 2021) 

Washington (0) 

No applicable statute related to this topic 

West Virginia (0) 

No applicable statute related to this topic 

Wisconsin (3) 

§ 85.085. Private road crossings 

(1b) In this section, “rehabilitated” means a significant rebuilding of railroad track that restores 

severely deteriorated track to a minimum service standard or, for track that is at or above a 

minimum service standard, that increases the service standard of the track. 

(1m) The department shall make payments from the appropriation under s. 20.395(2)(bu) to fund 

the rebuilding of any private road crossing across the tracks of a rail transit commission within 

this state if the applicable tracks of the rail transit commission were rehabilitated during the 

1992-93 fiscal year or thereafter, the private road crossing has not been rebuilt since the tracks 

were rehabilitated and the private road crossing user obtains a private road crossing permit from 

the applicable rail transit commission. 

(2) The department shall make payments from the appropriation under s. 20.395(2)(bu) to 

reimburse any private road crossing user for costs incurred by the user in financing the 

rebuilding of a private road crossing across the tracks of a rail transit commission within this 

state if the applicable tracks of the rail transit commission were rehabilitated during the 1992-93 

fiscal year or thereafter and the private road crossing user has obtained a private road crossing 

permit from the applicable rail transit commission. 
671 

(3) The department shall not make any payment under this section unless the applicable private 

road crossing permit provides that the rail transit commission shall, at the user's sole cost and 

expense, maintain, repair and renew the private road crossing. “Maintain, repair and renew” does 

not include any rebuilding of a private road crossing that is required because the applicable 

tracks have been rehabilitated. 

Wis. Stat. Ann. § 85.085 (West 2021) 

§ 192.33. Fences, cattle guards, crossings 

(1) Subject to s. 190.09, every corporation operating any railroad shall erect and maintain on 

both sides of its railroad, depot grounds excepted, sufficient fences with openings or gates or 

bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands 

adjoining and shall maintain cattle guards at all highway crossings, outside of municipalities, and 

connect their fences therewith. This section shall not apply to that part of the railroad where 

sidetracks or switch tracks are used in cities of the 1st class. 

(2) All fences and cattle guards required under sub. (1) shall be made within one month from the 

time of commencing to operate the railroad right-of-way, so far as operated. Until the required 

fences and cattle guards are made, the railroad corporation owning or operating the right-of-way 

shall be liable for all damages done to domestic animals, or persons on the right-of-way, 

occasioned in any manner, in whole or in part, by the want of the required fences or cattle 

guards. After the required fences and cattle guards are constructed the railroad conformations 

liability shall not extend to damages occasioned in part by contributory negligence, nor to defects 

existing without negligence on the part of the corporation or its agents. 

(3) The sufficiency of fences shall be determined according to ch. 90; but nothing in this section 

shall render any fence insufficient which was a legal or sufficient fence when built. 

(4) No fence shall be required in places where ponds, lakes, watercourses, ditches, hills, 

embankments or other sufficient protection renders a fence unnecessary to prevent domestic 

animals from straying upon the right-of-way. 

(5) The maintenance of cattle guards may be omitted by the railroad company with the written 

consent of the office specifying the particular crossings. 

Wis. Stat. Ann. § 192.33 (West 2021) 

§ 192.37. Fences, farm crossings; railroads to provide 

(1) Whenever any corporation operates a railroad through enclosed lands and fails to construct 

the fences, farm crossings or cattle guards required by law, proper for the use of the enclosed 

lands, the owner or occupant of the lands may give notice to the railroad corporation of its failure 

to construct the necessary fences, farm crossings and cattle guards on the owner's or occupant's 

enclosed lands. 

(2) The notice under sub. (1) shall meet all of the following requirements: 

(a) It shall be in writing, signed by the owner or occupant of the enclosed lands. 

(b) It shall contain a description of the owner's or occupant's enclosed lands. 

(c) It shall be served in the manner provided for the service of summons in the circuit court. 

(3) If a railroad corporation, after being notified under this section, neglects for 3 months to 

construct the necessary fences, farm crossings and cattle guards on the lands described in the 

notice, it shall be liable to pay to the owner or occupant of the described lands $10 for each day 

after the expiration of the 3 months until the necessary fences, farm crossings and cattle guards 
672 

are constructed. No time between November 1 and April 1 shall be included in the calculation of 

the 3-month period under this subsection. 

Wis. Stat. Ann. § 192.37 (West 2021) 

Wyoming (2) 

§ 37-9-304. Fences and cattle guards; generally 

(a) All railway corporations, owning or operating a line of railway within the state, shall 

construct, maintain and keep in repair on each side of the track thereof, a sufficient fence which 

meets or exceeds department of transportation fencing standards, so connected with suitable 

cattle guards at all public road crossings as to prevent stock from getting on the railroad track of 

the corporation. The fence shall be constructed within nine (9) months after the completion of 

any railroad track or any part thereof; provided, that railway corporations shall not be required to 

construct and maintain a fence within the boundaries of any incorporated city or town. 

(b) Any corporation failing to comply with this section is subject to a fine of not less than one 

hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each day 

during which a violation continues. Each county in which there is a failure to comply with this 

section shall constitute a separate violation. This penalty shall be prosecuted and collected 

pursuant to the provisions of W.S. 37-9-302. 

(c) No fine shall be assessed under subsection (b) of this section against a corporation that has on 

file with the department of transportation an approved plan for fence construction, reconstruction 

and maintenance so long as the corporation is in full compliance with the terms and conditions of 

the approved plan. 

Wyo. Stat. Ann. § 37-9-304 (West 2021) 

§ 37-9-305. Fences and cattle guards; liability for damages 

Any corporation operating a railway and failing to fence the same and to construct and maintain 

suitable cattle guards as required by W.S. 37-9-304, shall be liable to the owner or owners of any 

livestock killed or injured by reason of its failure to construct or keep in repair the fence or cattle 

guard in the manner provided in W.S. 37-9-304, for the full amount of the damage sustained by 

the owner on account thereof and to make a prima facie case for recovery, it shall only be 

necessary for the owner to prove the loss or injury to his property; provided, that no corporation 

operating a railroad shall be liable for any damage occasioned by the willful act of the owner or 

of his agent or employees or for stock killed or injured on public road crossings unless 

negligence on the part of the corporation, its agents, servants or employees can be shown. 

Wyo. Stat. Ann. § 37-9-305 (West 2021) 
673 

Chapter 12: Vegetation Clearance 

Chapter Overview 

This chapter presents an overview of state 

laws and regulations covering responsibility 

for the removal of brush, shrubbery, and 

trees from railroad rights-of-way within a 

reasonable distance from the crossing. An 

FRA regulation is also cited below. 

FRA (1) 

*§ 213.37 Vegetation. 

Vegetation on railroad property which is on or immediately adjacent to roadbed shall be 

controlled so that it does not—

(a) Become a fire hazard to track-carrying structures; 

(b) Obstruct visibility of railroad signs and signals: 

(1) Along the right-of-way, and 

(2) At highway-rail crossings; (This paragraph (b)(2) is applicable September 21, 1999.) 

(c) Interfere with railroad employees performing normal trackside duties; 

(d) Prevent proper functioning of signal and communication lines; or 

(e) Prevent railroad employees from visually inspecting moving equipment from their normal 

duty stations. 

49 C.F.R. § 213.37 (West 2021) 

Alabama (0) 

No applicable statute related to this topic 

Alaska (0) 

No applicable statute related to this topic 

Arizona (0) 

No applicable statute related to this topic 

Arkansas (1) 

§ 23-12-201. Rights-of-way--Maintenance--Fines 

(a)(1) All railroad corporations operating in this state shall maintain their right-of-way at or 

around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, 

or other growing vegetation which may obstruct the view of pedestrians and vehicle operators 

using the public highways. (2) The maintenance of the right-of-way shall be for a distance of 

fifty feet (50′) on each side of the centerline between the rails for the maintenance width and for 

a distance of one hundred yards (100 yds.) on each side of the centerline from the public road or 

highway for the maintenance length. 

(b) Any railroad corporation failing or refusing to comply with the provisions of this section 

shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred 

dollars ($500) for each violation. 

Ark. Code Ann. § 23-12-201 (West 2021) Excerpt from applicable statute published. 
674 

California (0) 

No applicable statute related to this topic 

Colorado (1) 

§ 40-24-104. Railroad to maintain and keep joint road and bridges in good repair 

Any person, company, corporation, or association to whom any such right-of-way and franchise 

is granted shall construct and maintain its railroad on either side of the county road, and, at its 

own expense and in good substantial manner, shall strengthen and repair all bridges and culverts 

on said county road which are used or occupied jointly by said electric railroad and the traveling 

public, and, thereafter during the existence of said franchise, shall contribute and pay not less 

than one-half of the necessary expense of keeping said bridges and culverts in good repair, and 

shall pay all expense of keeping public and private crossings planked and in good repair, and, at 

its own expense, shall widen to not less than twenty-four feet all bridges, culverts, cuts, and 

embankments on said public highway which are used or occupied jointly by said electric railroad 

and the traveling public. 

Colo. Rev. Stat. Ann. § 40-24-104 (West 2021) 

Connecticut (1) 

§ 13b-281. Obstruction of view adjoining grade crossing 

If the view of that portion of the tracks of any railroad, crossing a highway at grade, which 

adjoins such crossing, is obstructed by trees, shrubbery or embankments of earth, the 

Commissioner of Transportation may, after a hearing upon such notice as the commissioner 

deems reasonable to the company or companies owning or operating such railroad or railroads 

and to the selectmen of the town, mayor of the city or warden of the borough wherein such 

crossing is situated and to the owners of the land adjoining such crossing, make such orders for 

or concerning the removal of any such obstruction as will afford an unobstructed view of such 

railroad tracks and such highway in accordance with current American Association of State 

Highway and Transportation Officials' Policy for vehicles to safely traverse a railroad crossing 

from a stopped position. All orders of the commissioner pursuant to the provisions of this section 

shall specifically set forth the limits within which land may be taken and the nature, purposes 

and specific limits of the easements so authorized to be taken. The expense occasioned by any 

order of said commissioner under the provisions of this section shall be paid by the owner of the 

land upon which the obstruction is located. 

Conn. Gen. Stat. Ann. § 13b-281 (West 2021) 

Delaware (1) 

§ 706. Regulation of maintenance of railroad property 

(a) No hedge, shrub, tree or solid fence shall be erected, planted or maintained within the railroad 

property or right-of-way and for a distance of 25 yards from the point where that property or 

right-of-way crosses any public or private road at which grade crossing protection is not 

provided by gates, warning lights or watchperson. 

(b) If any railroad company, at any time, fails to comply with subsection (a) of this section, the 

Department shall notify the president or other executive officer of the company, in writing, 

stating the nature of the obstruction. If the company does not within 30 days thereafter comply 
675 

with subsection (a) of this section, it shall be fined for the first offense $100, for the second 

offense $200 and for every subsequent offense not less than $500 nor more than $1,000. 

(c) The Superior Court shall have jurisdiction of offenses under this section. 

Del. Code Ann. tit. 17, § 706 (West 2021) 

District of Columbia (0) 

No applicable statute related to this topic 

Florida (1) 

§ 337.405. Trees or other vegetation within rights-of-way of State Highway System or 

publicly owned rail corridors; removal or damage; penalty 

(1) The removal, cutting, marring, defacing, or destruction of any trees or other vegetation, either 

by direct personal action or by causing any other person to take such action, within the rights-ofway of roads located on the State Highway System or within publicly owned rail corridors is 

prohibited unless prior written permission to remove or cut such trees or other vegetation has 

been granted by the department, except where normal tree trimming is required to ensure the safe 

operation of utility facilities and such tree trimming is performed in accordance with the 

provisions of its utility accommodations guide, and any subsequent amendments thereto. The 

department shall adopt rules for the implementation of this section to achieve protection of 

vegetation while at the same time assuring safe utility operations. 

(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the 

second degree, punishable as provided in s. 775.082 or s. 775.083. 

Fla. Stat. Ann. § 337.405 (West 2021) 

Georgia (0) 

No applicable statute related to this topic 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (1) 

§ 49-221. Removal of traffic hazards 

(1) It shall be the responsibility of the owner of real property to remove from his property any 

hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or 

highway signs, buildings and trees, where these sight obstructions constitute a potential traffic 

hazard. The above sight obstructions shall not extend more than three (3) feet, or less than ten 

(10) feet, in height above the existing center line highway elevation within the vision triangle of 

vehicle operators. The boundaries of the vision triangle are defined by measuring from the 

intersection of the edges of two (2) adjacent highways forty (40) feet along each highway and 

connecting the two (2) points with a straight line. The sight distance obstruction restriction is 

also applicable to railroad-highway grade crossings with vision triangle defined by measuring 

forty (40) feet along the railroad property line when intersecting with a highway. 

(2) When the department or any local authority determines that a traffic hazard exists, it may 

notify the owner and order that the hazard be removed within an appropriate time as determined 

by the department or local authority, considering the circumstances and conditions involved. The 
676 

appropriate time may be specified in the notice. Such notice shall not obligate the department or 

local authorities to pursue removal or abatement until all legal remedies are exhausted. 

(3) The failure of the owner to remove the traffic hazard within the appropriate specified time 

shall constitute a misdemeanor and every day the owner shall fail to remove the obstruction may 

be considered a separate and distinct offense. Civil action may also be initiated by state or local 

officials to enforce vision triangle restrictions. 

(4) Local officials may, by resolution or ordinance, establish standards and procedures for 

protecting vision triangles at the intersections of local streets and roads. Such locally adopted 

standards or procedures, which may be more or less restrictive than the provisions hereof, shall 

not modify the standards established by this section concerning intersections with state 

maintained highways and intersections with railroads. 

Idaho Code Ann. § 49-221 (West 2021) 

Illinois (1) 

*§ 5/18c-7401. Safety Requirements for Track, Facilities, and Equipment 

(3) Railroad Crossings. No public road, highway, or street shall hereafter be constructed across 

the track of any rail carrier at grade, nor shall the track of any rail carrier be constructed across a 

public road, highway or street at grade, without having first secured the permission of the 

Commission; provided, that this Section shall not apply to the replacement of lawfully existing 

roads, highways, and tracks. No public pedestrian bridge or subway shall be constructed across 

the track of any rail carrier without having first secured the permission of the Commission. The 

Commission shall have the right to refuse its permission or to grant it upon such terms and 

conditions as it may prescribe. The Commission shall have power to determine and prescribe the 

manner, including the particular point of crossing, and the terms of installation, operation, 

maintenance, use, and protection of each such crossing. 

625 Ill. Comp. Stat. Ann. 5/18c-7401 (West 2021) Excerpt from applicable statute published. 

Indiana (2) 

§ 8-3-7-1 Time for cutting 

Sec. 1. All railroad corporations doing business in this state shall, between July 1 and August 20 

in each year, destroy detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank 

vegetation growing on lands occupied by them. 

Ind. Code Ann. § 8-3-7-1 (West 2021) 

§ 8-3-7-2 Violation; penalty; action to recover 

Sec. 2. In case any railroad company shall refuse or neglect to comply with the requirements 

specified in section 1 of this chapter, such company shall be liable in a penalty of twenty-five 

dollars ($25), to be prosecuted for in an action of debt by any person feeling himself aggrieved. 

Said suit may be brought before any court in the county, who shall require of the complainant 

surety to pay costs in case he fails to maintain his action. Summons may be served on any agent 

or officer of the company. 

Ind. Code Ann. § 8-3-7-2 (West 2021) 

Iowa (1) 
677 

*§ 327F.27. Vegetation on right-of-way 

1. Every railroad corporation shall ensure that vegetation on railroad property which is on or 

immediately adjacent to the roadbed be controlled so that it does not: 

a. Become a fire hazard to track-carrying structures. 

b. Obstruct visibility of railroad signs and signals. 

c. Interfere with railroad employees performing normal trackside duties. 

d. Prevent proper functioning of signal and communication lines. 

e. Prevent railroad employees from visually inspecting moving equipment from their normal 

duty stations. 

2. Nothing in this section shall be construed to exempt a railroad corporation from carrying out 

noxious weed control programs as provided in chapter 317. 

Iowa Code Ann. § 327F.27 (West 2021) 

Kansas (1) 

§ 19-2612. Removal or cutting of hedge fences, trees and shrubs; cutting weeds; removing 

signboards and board fences; expenses 

The board of county commissioners of each county in the state are authorized to cut all hedge 

fences, trees and shrubs growing upon the highway right of way or on right of way boundary, 

within three hundred fifty (350) feet of a railroad grade crossing or abrupt corner in the highway, 

and thereafter keep the same trimmed to provide clear vision, and to cut all weeds in the 

highways and thereafter keep the same cut so that the same shall not at any time be allowed to 

grow to a height obstructing clear vision; to remove all signboards, billboards, and board fences 

obstructing clear vision within three hundred fifty (350) feet of any such railroad crossing or 

abrupt corner in the highway: Provided, That nothing in this act shall apply to signs placed by 

any county or state association for the purpose of imparting historical information or traveling 

directions: Provided, however, That the board of county commissioners of any county in this 

state are hereby authorized to cause the removal of any hedge along any road in their respective 

counties, when in their judgment they, having first made suitable investigation of conditions, 

such hedge should be removed. The county may pay all expenses incident to removing such 

hedge out of the state and county road fund when applied to state and county roads and out of the 

county and township road fund when applied to county and township roads. 

Kan. Stat. Ann. § 19-2612 (West 2021) 

Kentucky (0) 

No applicable statute related to this topic 

Louisiana (1) 

§ 386.1. Maintenance of railroad rights-of-way at public road or highway railroad grade 

crossings; notice; penalty 

A. As used in this Section, the following definitions shall apply: 

(1) “Maintenance length” means a distance of three hundred feet on each side of the centerline of 

the public road or highway. 

(2) “Maintenance width” means a distance of fifty feet on each side of the centerline between the 

rails or the width of the operating right-of-way, whichever is shorter. The measurement for grade 

crossings with multiple tracks shall be from the centerlines of the outside tracks. 
678 

(3) “Structures and other obstructions” means man-made items placed within the required 

maintenance area but shall not include: 

(a) Any device or structure which is necessary for the safe operation of the railroad. 

(b) Any device or structure which is necessary for the safe operation of a motor vehicle. 

(c) Any device or structure installed by any governing authority having regulatory authority over 

the public road or highway. 

(d) Fences. 

(e) Any device or structure legally placed by public utility or telecommunication companies. 

(f) Any permanent structures or buildings in existence prior to June 1, 2002. 

(4) “Vegetation” means grass, high weeds, brush, climbing vines, shrubbery, and trees. 

B. In addition to the requirements set forth in R.S. 45:323, all railroad companies operating in 

this state shall maintain their rights-of-way at any public road or highway railroad grade crossing 

that is not protected by an active warning device that includes lights and cross-arms, in such a 

manner that the vegetation and structures and other obstructions do not obstruct the view of 

motorists approaching such public road or highway railroad grade crossing. 

C. Railroad companies shall cut vegetation and remove structures and other obstructions that 

obstruct the view of the operator of any motor vehicle approaching any public road or highway 

railroad grade crossing that is not protected by an active warning device that includes lights and 

cross-arms, from either direction and that are located within the maintenance width and 

maintenance length of the crossing. 

D. (1) The Department of Transportation and Development may periodically inspect and 

evaluate all state highway railroad grade crossings on state highways to determine whether such 

grade crossings are maintained in compliance with the provisions of this Section. If the 

Department of Transportation and Development determines that a particular grade crossing is not 

in compliance with the provisions of this Section, the department shall inform the parish or 

municipal governing authority in whose jurisdiction the crossing is located of such determination 

and the respective governing authority shall notify the respective railroad company. 

(2) Each parish or municipal governing authority may periodically inspect and evaluate all 

nonstate public road or highway railroad grade crossings located within its jurisdiction to 

determine whether such grade crossings are maintained in compliance with the provisions of this 

Section. If a parish or municipal governing authority determines that a particular grade crossing 

is not in compliance with the provisions of this Section, the governing authority shall notify the 

respective railroad company. 

(3) Every notification to a railroad company, as authorized under the provisions of this 

Subsection, shall be in writing transmitted by certified mail, return receipt requested, to the 

person listed as the registered agent of the railroad company for service of process. 

(4) Every railroad company who fails or refuses to maintain, or to cause a grade crossing to be in 

compliance with the provisions of this Section within fifteen working days after receipt of 

notification, as provided in this Subsection, shall be subject to a civil fine of not less than one 

hundred dollars for each day of the violation after receipt of the notification subject to a 

maximum fine not to exceed a total of five thousand dollars, payable to the appropriate parish or 

municipal governing authority. 

E. In any civil action to recover damages arising from or out of a railroad grade crossing 

accident, the failure of the Department of Transportation and Development or any parish or 

municipal governing authority to inspect and evaluate a public road or highway railroad grade 

crossing and notify a railroad company of noncompliance, as provided for in Subsection D of 
679 

this Section, shall not be considered as comparative negligence and shall not be discoverable or 

admissible as evidence in any civil trial. 

La. Stat. Ann. § 48:386.1 (2021) 

Maine (3) 

§ 7222. Crossings designated 

The Department of Transportation shall designate by general orders, which may be issued 

without formal notice or hearing, the grade crossings in this State at which, from all points on the 

highway or other way within 300 feet of these crossings, and on either side of the crossings, 

measured along the highway or way, a traveler on the way carrying the crossing can have a fair 

view of an approaching train, engine or car continuously from the time the train, engine or car is 

300 feet from the crossing, until it has passed over the crossing, either under existing conditions 

or by bushes, trees, fences, signboards or encroachments being trimmed, cut down or removed. 

Me. Rev. Stat. Ann. tit. 23, § 7222 (2021) 

§ 7223. Obstructions ordered removed; notice 

At every crossing of a highway or other way, except state and state aid highways and a railroad 

at grade, the municipal officers of the town or unorganized place in which the crossing is located 

are authorized and required on order of the Department of Transportation to remove 

embankments and other obstructions within highway limits and to enter on private property and 

properly trim, cut down, remove or apply chemical treatment to bushes, and from time to time as 

may be necessary to cut down and remove trees, fences, signboards and encroachments which 

obstruct the view of an engine, train or car by a traveler at or near any crossing. The department 

shall cause the same to be done on state and state aid highways. The authority of the department 

in any order to the municipal officers shall not extend beyond the land bounded on a line from a 

point 300 feet on either side of any crossing, measured along the highway or other way, and a 

point 300 feet on either side of any crossing measured along the railroad right-of-way, for the 

purpose of enabling a traveler on any way, when the traveler is 300 feet or less distant from any 

crossing, to have a fair view of an approaching train, engine or car from one or more angles 

continuously from the time the train, engine or car is 300 feet from the crossing until it has 

passed over the crossing. Entry on private property for the purposes stated shall be only after a 

10 days' notice, mailed to the last known address of the property owner, and posting of the notice 

in a conspicuous place in the municipality. 

Me. Rev. Stat. Ann. tit. 23, § 7223 (2021) 

§ 7234. Trees near railroad crossings 

Whenever the Department of Transportation deems that trees, bushes or other encroachments 

within the limits of a public way obstruct the view at railroad crossings or where one public way 

enters another and thereby renders the way dangerous to travelers, it shall cause the removal of 

the obstructions. 

Me. Rev. Stat. Ann. tit. 23, § 7234 (2021) 

Maryland (0) 

No applicable statute related to this topic 
680 

Massachusetts (1) 

*§ 150. Obstruction of view by standing wood; petition for removal; payment for damages 

If the view of a railroad crossing or highway at grade is obstructed by standing wood in 

woodlands, the railroad corporation or ten citizens of a town may petition the county 

commissioners for the county where such crossing is situated for the removal of such standing 

wood; and the commissioners, after notice and a hearing, shall make such orders as to such 

removal as the public safety demands. They shall also prescribe the limits within which such 

standing wood shall be taken, and shall determine the damage sustained. Such damage and the 

expense incident thereto may be recovered from the railroad corporation under chapter seventynine. 

Mass. Gen. Laws Ann. ch. 160, § 150 (West 2021) 

Michigan (1) 

*§ 462.317. Establishment of clear vision areas at grade crossings 

Sec. 317. (1) If a road authority determines to establish a clear vision area as described in this 

section, the railroad and a road authority may agree in writing for clear vision areas with respect 

to a particular crossing. The portions of the right-of-way and property owned and controlled by 

the respective parties within an area to be provided for clear vision shall be considered as 

dedicated to the joint usage of both railroad and road authority. 

(2) The acquisition of right-of-way, purchase and removal of obstructions within a clear vision 

area, including buildings and other artificial constructions, trees, brush, and other growths, and 

grading or earthwork, and including the maintenance of such conditions, shall be at the equal 

cost and expense of the railroad and road authority. 

(3) For public, farm, bicycle, pedestrian, or other private crossings of the railroad tracks of a high 

speed rail corridor, state, federal, and other funds may be expended in accordance with section 

301 

(4)1 for construction of access roads, purchase of real estate, purchase of private crossing 

easements, compensation for crossing closure, utility relocation, costs associated with 

improvements to traffic control devices, grade crossing closures, relocations, consolidations, and 

separations. 

Mich. Comp. Laws Ann. § 462.317 (West 2021) 

Minnesota (1) 

§ 219.384. Removal of dangerous obstruction 

Subdivision 1. Removal ordered. If a railroad company, road authority, or abutting property 

owner fails to control the growth of trees or vegetation or the placement of structures or other 

obstructions on its right-of-way or property so as to interfere with the safety of the public 

traveling on a public or private grade crossing, the local governing body of the town or 

municipality where the grade crossing is located may, by notice, require the obstruction to be 

removed as necessary to provide an adequate view of oncoming trains at the crossings. The 

commissioner shall adopt rules establishing minimum standards for visibility at public and 

private grade crossings. 

Subd. 2. Penalty. A railroad company, road authority, or property owner that fails to comply with 

this section within 30 days after being notified in writing is subject to a fine of $50 for each day 
681 

that the condition is uncorrected. This penalty may be recovered in the manner provided in 

section 219.97, subdivision 5. 

Minn. Stat. Ann. § 219.384 (West 2021) 

Mississippi (1) 

§ 77-9-254. Grade crossings; removal of vegetation 

(1) At all public highway railroad grade crossings that do not have automatic flashing lights 

and/or gates where vegetation would materially obstruct the view of a vehicle operator 

exercising reasonable care of a train approaching a grade crossing from either direction, every 

railroad, as is reasonably practical, shall remove from its right-of-way which it owns or operates, 

such vegetation as weeds, brush, climbing vines, shrubbery and trees, for a distance of not less 

than three hundred (300) feet in each direction from the centerline of the public road or highway, 

unless the authorized train speed is ten (10) miles per hour or less, in which case the distance 

from the centerline of the public road or highway shall be not less than one hundred (100) feet. 

At the outer edges of the public road or highway, the vegetation shall be removed to a width of 

twenty-five (25) feet on each side of the centerline of the railroad or to the full width of the 

railroad's operating right-of-way whichever is shorter. The area cleared of vegetation may be 

tapered inward from its full width at the involved roadway to the outer limits of the area being 

cleared so as to create a triangle, or it may be cleared at a constant width so as to form a 

rectangle. 

(2) The violation of subsection (1) of this section shall not of itself be grounds for recovery, and 

the comparative negligence statute and the apportionment statute of this state shall apply in these 

cases as in other cases of negligence. 

(3) This section does not change or modify the duties of the operator of a vehicle as set forth in 

Section 77-9-249, 63-3-1007, 63-3-1009, 63-3-1011 or 63-3-1013, or the application of such 

sections. 

(4) The Department of Transportation may periodically inspect and evaluate all public highway 

railroad grade crossings to determine whether such grade crossings are maintained in compliance 

with the provisions of this section. If the department determines that a particular grade crossing 

is not in compliance, the department shall notify the railroad company which owns or operates 

the right-of-way that a grade crossing is not in compliance with this section. 

(5) Every notification to a railroad company, as authorized under the provisions of this section 

shall be in writing transmitted by certified mail, return receipt requested, to the person listed as 

the registered agent of the railroad company for service of process. Upon receipt of the notice, 

the railroad company shall have thirty (30) days to comply with the notice before any civil action 

may be taken by the Department of Transportation. 

(6) Any railroad company that fails to comply with the provisions of this section shall be subject 

to a civil fine of not to exceed Five Hundred Dollars ($500.00) per violation. The Department of 

Transportation shall have the exclusive authority to bring a civil action to enforce the provisions 

of this section. The fines shall be payable to the Department of Transportation. 

(7) In any civil action to recover damages arising from or out of a highway railroad grade 

crossing accident, the failure of the Department of Transportation to inspect and evaluate a 

public highway railroad grade crossing and notify a railroad company of noncompliance, as 

provided in subsections (4) and (5) of this section, shall not be considered as comparative 

negligence and shall not be discoverable or admissible as evidence in any civil trial. 
682 

Miss. Code. Ann. § 77-9-254 (West 2021) 

Missouri (1) 

§ 389.665. Right-of-way to be cleared of weeds and brush to prevent fires, violation, 

damages and costs--public grade crossings to be clear of vegetation and undergrowth 

1. It shall be the duty of every corporation or person owning or operating any railroad or branch 

thereof in this state to keep the right-of-way reasonably clear of brush and high weeds, by 

cutting, burning, chemical spraying, plowing under, or other appropriate means for the purpose 

of preventing the spread of fire, and in case such corporation or person shall fail or neglect to do 

so, any person owning land adjoining such railroad is hereby authorized, after giving three days' 

notice, in writing, to such owner or operator of the railroad, by service upon any person 

authorized to receive service of legal process on behalf of the corporation within this state to 

cause such brush and high weeds upon the right-of-way occupied by the railroad company to be 

cut and removed, burned, plowed, or sprayed with chemical material for killing such brush and 

high weeds in front of and adjoining his land, and such landowner may maintain an action 

against the corporation or person so failing to perform this duty, in any court of competent 

jurisdiction, and shall be entitled to recover double the amount of all expenses and damages 

incurred and accruing thereby, together with costs. 

2. It shall be the duty of every corporation or person owning or operating any railroad or branch 

thereof in this state to maintain the right-of-way at public grade crossings so that it will be 

reasonably clear of vegetation, undergrowth or other debris for a distance of two hundred fifty 

feet each way from the near edge of such crossings where such things would materially obscure 

approaching trains from the view of travelers on the highway. 

Mo. Ann. Stat. § 389.665 (West 2021) 

Montana (0) 

No applicable statute related to this topic 

Nebraska (0) 

No applicable statute related to this topic 

Nevada (0) 

No applicable statute related to this topic 

New Hampshire (1) 

§ 373:18 Removal of Obstructions to View. 

Whenever, after a hearing upon petition or upon its own motion, the department of transportation 

shall be of the opinion that the protection required by its order demands that the land adjacent to 

said crossing shall be cleared and kept clear of buildings, trees, brush or other obstructions, its 

order shall require the railroad corporation operating over the crossing to clear the land of such 

obstructions. 

N.H. Rev. Stat. Ann. § 373:18 (West 2021) 

New Jersey (0) 
683 

No applicable statute related to this topic 

New Mexico (0) 

No applicable statute related to this topic 

New York (0) 

No applicable statute related to this topic 

North Carolina (0) 

No applicable statute related to this topic 

North Dakota (0) 

No applicable statute related to this topic 

Ohio (1) 

§ 4955.36 Removal of obstructive vegetation from right of way at highway intersection 

Every railroad company shall destroy or remove plants, trees, brush, or other obstructive 

vegetation upon its right-of-way at each intersection with a public road or highway, for a 

distance of six hundred feet or a reasonably safe distance from the roadway of such public road 

or highway as shall be determined by the public utilities commission. 

When any railroad company fails to destroy or remove such vegetation after ten-day written 

notice served on its local agent, the commission, board of county commissioners, board of 

township trustees, or legislative authority of a municipal corporation, in which the intersection is 

located, having the care of such road or highway, shall remove such plants, trees, brush, or other 

obstructive vegetation and shall recover the cost of removal from the responsible railroad 

company. If the company fails to pay the amount demanded within thirty days, after such 

company has been notified by certified mail at the address to which tax bills are sent, the 

commission, board of county commissioners, board of township trustees, or legislative authority 

of a municipal corporation shall certify the amount demanded to the county auditor of the county 

in which the work was performed to be collected as other taxes and assessments and upon 

collection shall be credited to the general fund of the public body causing said work to be 

performed. 

Ohio Rev. Code Ann. § 4955.36 (West 2021) 

Oklahoma (0) 

No applicable statute related to this topic 

Oregon (0) 

No applicable statute related to this topic 

Pennsylvania (1) 

*§ 57040. Elimination of curves and acquisition of views 

(a) Any township may, singly or jointly with another municipality, acquire, by purchase or by the 

right of eminent domain, lands or easements along or adjacent to any township street that may be 
684 

necessary to eliminate dangerous curves, widen streets or provide a free and unobstructed view 

down and across lands located at or near the intersection of any two streets or highways, or a 

street or highway and a railroad or railway or at a curve in any street or highway, for the better 

protection and safety to the traveling public. 

(b) After condemnation, the township may abate or remove, or cause to be abated or removed, 

any obstruction to the view over and across the lands. 

(c) The proceedings for the condemnation of lands and for the assessment of damages for 

property, or portions of property, taken, injured or destroyed, agreed to be paid by the township 

if the taking is jointly with another municipality, shall be taken in the manner provided under the 

law governing eminent domain. 

(d) Upon the purchase or condemnation of lands or easements for a free and unobstructed view, 

the owner of the lands may make every use of the lands as will not interfere with a free and 

unobstructed view at the dangerous crossing or curve. 

53 Pa. Stat. and Cons. Stat. Ann. § 57040 (West 2021) 

Rhode Island (0) 

No applicable statute related to this topic 

South Carolina (1) 

§ 58-17-1450. Railroad crossing safety requirements. 

If the person inspecting the railroad crossing finds that a motorist's view of approaching trains is 

obstructed by vegetation, growth, or objects not permanently affixed to realty that lie outside the 

right-of-way of the railroad but within right-of-way of highways and roads maintained by the 

State, county, or municipality, the person inspecting the railroad crossing must immediately give 

written notice of the hazard to the appropriate department of the State, county, or municipality, 

upon whose right-of-way the obstruction exists. If the obstruction is on the right-of-way 

maintained by a county or municipality, the person inspecting the crossing must also give 

immediate written notice of the hazard to the Deputy Director of Engineering within the 

Department of Transportation. 

The department, counties, and municipalities have sixty days from issuance of the written notice 

by the person inspecting the crossing to eliminate the obstructions within their respective rightsof-way. 

The person initially inspecting the railroad crossing is responsible for inspecting the crossing 

after notice of the hazard has been given and reporting to the department the date upon which 

obstructions are eliminated. If counties or municipalities do not eliminate the obstructions within 

sixty days of receipt of notification, the department must remove or eliminate the obstructions. 

Counties and municipalities must reimburse the Department of Transportation for the 

department's cost in eliminating the obstructions. 

If the person inspecting the railroad crossing finds that motorists' view of approaching trains is 

obstructed by vegetation, growth, or objects not permanently affixed to realty that lie on private 

property outside the right-of-way of the railroad and outside the highway or road right-of-way of 

the State, county, or municipality, he must immediately give written notice of the hazard to the 

owner of the property and to the appropriate agency of the State, county, or municipality which 

maintains that highway or roadway. The owner of the property has sixty days after receipt of the 

notice to eliminate the obstructions and the inspector shall reinspect the crossing after this sixtyday period has expired to determine if the obstructions have been eliminated. 
685 

By January first of each year, counties and municipalities must report all railroad crossings that 

were inspected during the preceding year and at which no obstructions were found to the 

department. The department must make an annual report of inspections conducted during the 

preceding year. The annual report must be provided to the Senate Transportation Committee and 

the Education and Public Works Committee of the House of Representatives. 

S.C. Code Ann. § 58-17-1450 (2021) Excerpt from applicable statute published. 

South Dakota (1) 

§ 9-38-25. Placement under park board of trees, vegetation, sidewalks, and crossings along 

parks and thoroughfares 

The governing body may place under the control and management of the board the planting, 

maintenance, trimming, and removal of trees, shrubs, and plants in any and all public grounds, 

thoroughfares, or lands appurtenant thereto throughout the limits of the first or second class 

municipality, the cutting of weeds and grass upon all public grounds and thoroughfares and lands 

adjacent or appertaining thereto, and the location of all sidewalks or crossings upon or adjacent 

to such public grounds or thoroughfares. 

S.D. Codified Laws § 9-38-25 (2021) 

Tennessee (1) 

§ 65-6-132. Trees; removal 

(a) Every company or person operating a railroad in this state shall cut down all trees standing on 

its lands which are six (6) or more inches in a diameter two feet (2′) above the ground and of 

sufficient height to reach the roadbed if they should fall. 

(b) A failure to comply with subsection (a) will render the company liable for all damages to 

person or property resulting therefrom; also to a penalty of one hundred dollars ($100), to be 

recovered on suit brought in the name of any citizen before any tribunal having jurisdiction, half 

of which shall go to the treasury of the county in which such provisions may have been 

disregarded, and the other half to the plaintiff. 

Tenn. Code Ann. § 65-6-132 (West 2021) 

Texas (0) 

No applicable statute related to this topic 

Utah (1) 

*§ 41-6a-216. Removal of plants or other obstructions impairing view--Notice to owner--

Penalty 

(1) The owner of real property shall remove from his property any tree, plant, shrub, or other 

obstruction, or part of it that constitutes a traffic hazard by obstructing the view of an operator of 

a vehicle on a highway. 

(2) When a highway authority determines on the basis of an engineering and traffic investigation 

that a traffic hazard exists, it shall notify the owner and order that the hazard be removed within 

10 days. 

(3) The failure of the owner to remove the traffic hazard within 10 days is an infraction. 

Utah Code Ann. § 41-6a-216 (West 2021) 
686 

Vermont (2) 

§ 3785. Alterations, crossings; order by Transportation Board 

When the Transportation Board, in the absence of any application therefor, is of the opinion that 

the public safety requires an alteration in any highway crossed at grade by a railroad, or by 

railroads belonging to or operated by more than one corporation, or an alteration in lands or 

buildings thereon adjoining or near such highway at or near such crossing in order to afford 

proper view from the approaches to such crossing, in each direction, of the track or tracks of 

such railroad or railroads, after hearing had on notice of not less than ten days to the corporation 

or corporations owning or operating such railroad or railroads, to the selectboard of the town 

within which such highway is situated, to the owners of the land adjoining such crossing and the 

owners of such land or buildings thereon adjoining, or near such highway as may be required for 

or materially affected by a proposed alteration, and to the Attorney General, who, by himself or 

herself or through the State's Attorney of the county in which such crossing is located shall 

represent the interests of the State, it may order such alterations in such highway, and the 

removal of such obstructions to the view in each direction of the tracks of such railroads, as it 

deems best, and shall determine and direct by whom, at whose expense and within what time 

such alterations and removals shall be made. 

Vt. Stat. Ann. tit. 5, § 3785 (West 2021) 

§ 3787. Taking of land, proceedings 

When a railroad corporation, a town, or any other party is ordered to do the requisite work in the 

alteration, changes, or removals at a railroad-highway crossing, or on lands or obstructions to the 

view near such crossing and it is necessary to take land to carry out such order, the party ordered 

to do the work shall cause such land to be surveyed and furnish a copy thereof to the owner of 

such land or his agent. Whereupon, in case the owner of such land and the parties ordered to do 

the work cannot agree on the price of the land and the damage to the owners resulting from such 

taking, either party in interest may make written application to the Board. After hearing had, on 

notice of not less than ten days to the same parties for whom notice is provided in section 3785 

of this title, such Board shall first adjudge whether the taking of such land is necessary and, if so 

adjudged, shall appraise the same and award such damages for the taking thereof as are just. 

Vt. Stat. Ann. tit. 5, § 3787 (West 2021) 

Virginia (1) 

§ 56-411. Removal of brush and trees from right-of-way 

Every railway company operating in this Commonwealth shall be required to clear from its rightof-way trees and brush for 100' on each side of public road crossings at grade when such trees or 

brush would otherwise obstruct the view of approaching trains. Every railway company violating 

the provisions of this section shall be fined not more than $500 for each offense, to be imposed 

by the State Corporation Commission after due notice and hearing upon the company or the 

employee so offending. 

Va. Code Ann. § 56-411 (West 2021) 

Washington (2) 

*§ 36.86.100. Railroad grade crossings--Obstructions 
687 

Each railroad company shall keep its right-of-way clear of all brush and timber in the vicinity of 

a railroad grade crossing with a county road for a distance of one hundred feet from the crossing 

in such a manner as to permit a person upon the road to obtain an unobstructed view in both 

directions of an approaching train or other on-track equipment. The county legislative authority 

shall cause brush and timber to be cleared from the right-of-way of county roads in the proximity 

of a railroad grade crossing for a distance of one hundred feet from the crossing in such a manner 

as to permit a person traveling upon the road to obtain an unobstructed view in both directions of 

an approaching train or other on-track equipment. It is unlawful to erect or maintain a sign, 

signboard, or billboard within a distance of one hundred feet from the point of intersection of the 

road and railroad grade crossing located outside the corporate limits of any city or town unless, 

after thirty days notice to the Washington utilities and transportation commission and the railroad 

operating the crossing, the county legislative authority determines that it does not obscure the 

sight distance of a person operating a vehicle or train approaching the grade crossing. 

When a person who has erected or who maintains such a sign, signboard, or billboard or when a 

railroad company permits such brush or timber in the vicinity of a railroad grade crossing with a 

county road or permits the surface of a grade crossing to become inconvenient or dangerous for 

passage and who has the duty to maintain it, fails, neglects, or refuses to remove or cause to be 

removed such brush, timber, sign, signboard, or billboard, or maintain the surface of the 

crossing, the utilities and transportation commission upon complaint of the county legislative 

authority or upon complaint of any party interested, or upon its own motion, shall enter upon a 

hearing in the manner now provided for hearings with respect to railroad-highway grade 

crossings, and make and enforce proper orders for the removal of the brush, timber, sign, 

signboard or billboard, or maintenance of the crossing. Nothing in this section prevents the 

posting or maintaining thereon of highway or road signs or traffic devices giving directions or 

distances for the information of the public when the signs conform to the “Manual for Uniform 

Traffic Control Devices” issued by the state department of transportation. The county legislative 

authority shall inspect highway grade crossings and make complaint of the violation of any 

provisions of this section. 

Wash. Rev. Code Ann. § 36.86.100 (West 2021) 

*§ 47.32.140. Railroad grade crossings, obstructions--Hearing 

Each railroad company shall keep its right-of-way clear of all brush and timber in the vicinity of 

a railroad grade crossing with a state highway for a distance of one hundred feet from the 

crossing in such manner as to permit a person upon the highway to obtain an unobstructed view 

in both directions of an approaching train or other on-track equipment. The department shall 

cause brush and timber to be cleared from the right-of-way of a state highway in the proximity of 

a railroad grade crossing for a distance of one hundred feet from the crossing in such manner as 

to permit a person upon the highway to obtain an unobstructed view in both directions of an 

approaching train or other on-track equipment. It is unlawful to erect or maintain a sign, 

signboard, or billboard, except official highway signs and traffic devices and railroad warning or 

operating signs, outside the corporate limits of any city or town within a distance of one hundred 

feet from the point of intersection of the highway and railroad grade crossing unless, after thirty 

days notice to the Washington utilities and transportation commission and the railroad operating 

the crossing, the department determines that it does not obscure the sight distance of a person 

operating a vehicle or train approaching the grade crossing. 
688 

When a person who has erected or who maintains such a sign, signboard, or billboard or when a 

railroad company permits such brush or timber in the vicinity of a railroad grade crossing with a 

state highway or permits the surface of a grade crossing to become inconvenient or dangerous for 

passage and who has the duty to maintain it, fails, neglects, or refuses to remove or cause to be 

removed such brush, timber, sign, signboard, or billboard, or maintain the surface of the 

crossing, the utilities and transportation commission upon complaint of the department or upon 

complaint of any party interested, or upon its own motion, shall enter upon a hearing in the 

manner now provided for hearings with respect to railroad-highway grade crossings, and make 

and enforce proper orders for the removal of the brush, timber, sign, signboard or billboard, or 

maintenance of the crossing. However, nothing in this section prevents the posting or 

maintaining of any legal notice or sign, signal, or traffic device required or permitted to be 

posted or maintained, or the placing and maintaining thereon of highway or road signs or traffic 

devices giving directions or distances for the information of the public when the signs are 

approved by the department. The department shall inspect highway grade crossings and make 

complaint of the violation of any provisions of this section. 

Wash. Rev. Code Ann. § 47.32.140 (West 2021) 

West Virginia (0) 

No applicable statute related to this topic 

Wisconsin (1) 

§ 195.29. Railroad highway crossings 

(6) View at crossings; trees and brush near crossings; forfeiture. Every railroad shall keep its 

right-of-way clear of brush or trees for a distance of not less than 330 feet in each direction from 

the center of its intersection at grade with any public highway to provide an adequate view of 

approaching trains or railroad track equipment from the highway. Every municipality shall keep 

the public highways within its jurisdiction clear of brush and shall adequately trim all trees 

within 330 feet of the center of any railroad highway grade crossing. Every person or corporation 

owning or occupying any land adjacent to any railroad highway grade crossing shall keep all 

brush cut and adequately trim all trees on the land within the triangles bounded on 2 sides by the 

railway and the highway, and on the 3rd side by a line connecting points on the center lines of 

the railway and the highway, 330 feet from the intersection of the center lines. The office, upon 

its own motion, or upon any complaint to the effect that any work required by this subsection has 

not been performed, after due notice and hearing, may order the corporation, municipality or 

person at fault to perform the work; provided, however, that if the physical conditions at any 

crossing are such that the performance of the required work will not materially improve the view 

for highway traffic, or, if unreasonable loss would be caused thereby, the office may excuse the 

party in interest from performing the same. The office may also order the cutting of brush and 

the trimming of trees at private farm crossings as may be necessary and reasonable. If any person 

shall violate any provision of this section, or shall fail, neglect or refuse to obey any order made 

by the office under this section, or any judgment or decree made by any court upon such an 

order, for every such violation, failure or refusal such person shall forfeit not less than $25 nor 

more than $150. 

Wis. Stat. Ann. § 195.29 (West 2021) Excerpt from applicable statute published. 
689 

Wyoming (0) 

No applicable statute related to this topic 

 
690 

Chapter 13: Photographic Monitoring and 

Enforcement 

Chapter Overview 

Automated enforcement of traffic laws using 

photographs and videotapes has assumed a 

new role in the efforts to enforce speed 

limits and ticket red-light violators. In the 

past several years, it has also been discussed 

as a possible tool for monitoring highwayrail grade crossings. The success of several 

research projects using photographic 

monitoring of driver behavior at highwayrail grade crossings has prompted a new 

round of discussion concerning the use of 

such technology as a means of law 

enforcement at crossings. Since the last 

edition of this book was published, efforts 

have increased in this regard. The following 

seven states have laws that facilitate use of 

photographic monitoring and enforcement at 

highway-rail grade crossings: Arkansas, 

California, Illinois, Louisiana, Maryland, 

Michigan, and Washington. This chapter 

provides an overview of the laws in these 

states, as well as references to laws in other 

states that address traffic monitoring 

systems. 

Alabama (0) 

No applicable statute related to this topic 

Alaska (0) 

No applicable statute related to this topic 

Arizona (0) 

No applicable statute related to this topic 

Arkansas (1) 

*§ 27-52-111. Automated enforcement devices--Operation within a municipality 

(c)(1) A municipality or a department of state government that is operating within the boundaries 

of the municipality may use an automated enforcement device to detect and enforce a violation 

of traffic laws or ordinances: 

(A) In a school zone; or 

(B) At a railroad crossing. 

(2) If a municipality or a department of state government that is operating within the boundaries 

of the municipality uses an automated enforcement device, then a certified law enforcement 

officer must: 

(A) Be present with the automated enforcement device; and 

(B) Issue the citation to the violator at the time and place of the violation. 

Ark. Code Ann. § 27-52-111 (West 2021) Excerpt from applicable statute published. 

California (3) 

§ 21362.5. Automated rail crossing enforcement system 
691 

(a) Railroad and rail transit grade crossings may be equipped with an automated rail crossing 

enforcement system if the system is identified by signs clearly indicating the system's presence 

and visible to traffic approaching from each direction. 

Only a governmental agency, in cooperation with a law enforcement agency, may operate an 

automated rail crossing enforcement system. 

(b) Notwithstanding Section 6253 of the Government Code, or any other provision of law, 

photographic records made by an automated rail crossing enforcement system shall be 

confidential, and shall be made available only to governmental agencies and law enforcement 

agencies for the purposes of this section. 

Cal. Veh. Code § 21362.5 (West 2021) 

*§ 22451. Train signals 

(c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement 

system, a notice of a violation of this section is subject to the procedures provided in Section 

40518. 

Cal. Veh. Code § 22451 (West 2021) Excerpt from applicable statute published. 

*§ 21455.5. Automated traffic enforcement system; requirements; use of printed 

representation as evidence; confidentiality and retention of records; review of alleged 

violation by registered owner; manufacturers and suppliers; duties and contract limitations 

(a) The limit line, the intersection, or a place designated in Section 21455, where a driver is 

required to stop, may be equipped with an automated traffic enforcement system if the 

governmental agency utilizing the system meets all of the following requirements: 

(1) Identifies the system by signs posted within 200 feet of an intersection where a system is 

operating that clearly indicate the system's presence and are visible to traffic approaching from 

all directions in which the automated traffic enforcement system is being utilized to issue 

citations. A governmental agency utilizing such a system does not need to post signs visible to 

traffic approaching the intersection from directions not subject to the automated traffic 

enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, 

shall be identified no later than January 1, 2014. 

(2) Locates the system at an intersection and ensures that the system meets the criteria specified 

in Section 21455.7. 

(b) Prior to issuing citations under this section, a local jurisdiction utilizing an automated traffic 

enforcement system shall commence a program to issue only warning notices for 30 days. The 

local jurisdiction shall also make a public announcement of the automated traffic enforcement 

system at least 30 days prior to the commencement of the enforcement program. 

Cal. Veh. Code § 21455.5 (West 2021) Excerpt from applicable statute published. 

Colorado (1) 

§ 42-4-110.5. Automated vehicle identification systems--definition 

Colorado has a statute that describes automated vehicle identification systems. The statute does 

not mention any application to highway-rail grade crossings. 

Colo. Rev. Stat. Ann. § 42-4-110.5 (West 2021) (author commentary) 
692 

Connecticut (0) 

No applicable statute related to this topic 

Delaware (0) 

No applicable statute related to this topic 

District of Columbia (1) 

§ 50-2209.01. Authorized; violations as moving violations; evidence; definition. 

(a) The Mayor is authorized to use an automated traffic enforcement system to detect moving 

infractions. Violations detected by an automated traffic enforcement system shall constitute 

moving violations. Proof of an infraction may be evidenced by information obtained through the 

use of an automated traffic enforcement system. For the purposes of this subchapter, the term 

“automated traffic enforcement system” means equipment that takes a film or digital camerabased photograph which is linked with a violation detection system that synchronizes the taking 

of a photograph with the occurrence of a traffic infraction. 

(b) Recorded images taken by an automated traffic enforcement system are prima facie evidence 

of an infraction and may be submitted without authentication. 

D.C. Code Ann. § 50-2209.01 (West 2021) Excerpt from applicable statute published. 

Florida (0) 

No applicable statute related to this topic 

Georgia (0) 

No applicable statute related to this topic 

Hawaii (0) 

No applicable statute related to this topic 

Idaho (0) 

No applicable statute related to this topic 

Illinois (1) 

*§ 5/11-1201.1. Automated Railroad Crossing Enforcement System 

§ 11-1201.1. Automated Railroad Crossing Enforcement System. 

(a) For the purposes of this Section, an automated railroad grade crossing enforcement system is 

a system in a municipality or county operated by a governmental agency that produces a 

recorded image of a motor vehicle's violation of a provision of this Code or local ordinance and 

is designed to obtain a clear recorded image of the vehicle and vehicle's license plate. The 

recorded image must also display the time, date, and location of the violation. 

As used in this Section, “recorded images” means images recorded by an automated railroad 

grade crossing enforcement system on: 

(1) 2 or more photographs; 

(2) 2 or more microphotographs; 

(3) 2 or more electronic images; or 
693 

(4) a video recording showing the motor vehicle and, on at least one image or portion of the 

recording, clearly identifying the registration plate or digital registration plate number of the 

motor vehicle. 

(b) The Illinois Commerce Commission may, in cooperation with a local law enforcement 

agency, establish in any county or municipality an automated railroad grade crossing 

enforcement system at any railroad grade crossing equipped with a crossing gate designated by 

local authorities. Local authorities desiring the establishment of an automated railroad crossing 

enforcement system must initiate the process by enacting a local ordinance requesting the 

creation of such a system. After the ordinance has been enacted, and before any additional steps 

toward the establishment of the system are undertaken, the local authorities and the Commission 

must agree to a plan for obtaining, from any combination of federal, State, and local funding 

sources, the moneys required for the purchase and installation of any necessary equipment. 

(b-1) (Blank.) 

(c) For each violation of Section 11-1201 of this Code or a local ordinance recorded by an 

automated railroad grade crossing enforcement system, the county or municipality having 

jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as 

the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, 

no later than 90 days after the violation. 

The notice shall include: 

(1) the name and address of the registered owner of the vehicle; 

(2) the registration number of the motor vehicle involved in the violation; 

(3) the violation charged; 

(4) the location where the violation occurred; 

(5) the date and time of the violation; 

(6) a copy of the recorded images; 

(7) the amount of the civil penalty imposed and the date by which the civil penalty should be 

paid; 

(8) a statement that recorded images are evidence of a violation of a railroad grade crossing; 

(9) a warning that failure to pay the civil penalty or to contest liability in a timely manner is an 

admission of liability and may result in a suspension of the driving privileges of the registered 

owner of the vehicle; and 

(10) a statement that the person may elect to proceed by: 

(A) paying the fine; or 

(B) challenging the charge in court, by mail, or by administrative hearing. 

(d) If a person charged with a traffic violation, as a result of an automated railroad grade crossing 

enforcement system, does not pay or successfully contest the civil penalty resulting from that 

violation, the Secretary of State shall suspend the driving privileges of the registered owner of 

the vehicle under Section 6-306.5 of this Code for failing to pay any fine or penalty due and 

owing as a result of 5 violations of the automated railroad grade crossing enforcement system. 

(d-1) (Blank.) 

(d-2) (Blank.) 

(e) Based on inspection of recorded images produced by an automated railroad grade crossing 

enforcement system, a notice alleging that the violation occurred shall be evidence of the facts 

contained in the notice and admissible in any proceeding alleging a violation under this Section. 

(e-1) Recorded images made by an automated railroad grade crossing enforcement system are 

confidential and shall be made available only to the alleged violator and governmental and law 
694 

enforcement agencies for purposes of adjudicating a violation of this Section, for statistical 

purposes, or for other governmental purposes. Any recorded image evidencing a violation of this 

Section, however, may be admissible in any proceeding resulting from the issuance of the 

citation. 

(e-2) The court or hearing officer may consider the following in the defense of a violation: 

(1) that the motor vehicle or registration plates or digital registration plates of the motor vehicle 

were stolen before the violation occurred and not under the control of or in the possession of the 

owner at the time of the violation; 

(2) that the driver of the motor vehicle received a Uniform Traffic Citation from a police officer 

at the time of the violation for the same offense; 

(3) any other evidence or issues provided by municipal or county ordinance. 

(e-3) To demonstrate that the motor vehicle or the registration plates or digital registration plates 

were stolen before the violation occurred and were not under the control or possession of the 

owner at the time of the violation, the owner must submit proof that a report concerning the 

stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely 

manner. 

(f) Rail crossings equipped with an automatic railroad grade crossing enforcement system shall 

be posted with a sign visible to approaching traffic stating that the railroad grade crossing is 

being monitored, that citations will be issued, and the amount of the fine for violation. 

(g) The compensation paid for an automated railroad grade crossing enforcement system must be 

based on the value of the equipment or the services provided and may not be based on the 

number of citations issued or the revenue generated by the system. 

(h) (Blank.) 

(i) If any part or parts of this Section are held by a court of competent jurisdiction to be 

unconstitutional, the unconstitutionality shall not affect the validity of the remaining parts of this 

Section. The General Assembly hereby declares that it would have passed the remaining parts of 

this Section if it had known that the other part or parts of this Section would be declared 

unconstitutional. 

(j) Penalty. A civil fine of $250 shall be imposed for a first violation of this Section, and a civil 

fine of $500 shall be imposed for a second or subsequent violation of this Section. 

625 Ill. Comp. Stat. Ann. 5/11-1201.1 (West 2021) 

Indiana (0) 

No applicable statute related to this topic 

Iowa (0) 

No applicable statute related to this topic 

Kansas (0) 

No applicable statute related to this topic 

Kentucky (0) 

No applicable statute related to this topic 

Louisiana (1) 
695 

*§ 171. Motor vehicles approaching railroad crossings; reporting violations; penalties 

H. The operator, engineer, or conductor of any train or other on-track equipment is authorized to 

notify the appropriate law enforcement authority of any railroad grade crossing violation within 

thirty-six hours of the violation. The operator, engineer, or conductor shall report such violations 

by affidavit which shall contain the color, license number, and any other identifiable information 

from the vehicle involved in the violation. In addition to the affidavit, the law enforcement 

officer may rely upon other evidence of a grade crossing violation including photographic or 

video evidence. A law enforcement officer may issue a citation to the owner or driver of the 

vehicle, or in the case of a leased vehicle, the lessee or driver of the leased vehicle, on the basis 

of the information contained in the affidavit or photographic or video evidence. The owner or 

lessee shall not be cited if the vehicle had been stolen. 

La. Stat. Ann. § 32:171 (2021) Excerpt from applicable statute published. 

Maine (0) 

No applicable statute related to this topic 

Maryland (1) 

§ 21-704.1. Automated railroad grade crossing enforcement systems at railroad crossings 

Definitions 

(a)(1) In this section the following words have the meanings indicated. 

(2) “Agency” means:

(i) For an automated railroad grade crossing enforcement system operated and maintained at a 

railroad grade crossing in Montgomery County or Prince George's County that is under the 

control of the State, the law enforcement agency of the State primarily responsible for traffic 

control at that railroad grade crossing; 

(ii) For an automated railroad grade crossing enforcement system operated and maintained at a 

railroad grade crossing under the control of Prince George's County or a municipal corporation 

in Prince George's County, a law enforcement agency of Prince George's County or the 

municipal corporation that is authorized to issue citations for a violation of the Maryland Vehicle 

Law or of local traffic laws or regulations at that railroad grade crossing; or 

(iii) For an automated railroad grade crossing enforcement system operated and maintained at a 

railroad grade crossing under the control of Montgomery County or a municipal corporation in 

Montgomery County, a law enforcement agency of Montgomery County or the municipal 

corporation that is authorized to issue citations for a violation of the Maryland Vehicle Law or of 

local traffic laws or regulations at that railroad grade crossing. 

(3) “Automated railroad grade crossing enforcement system” means a system operated by an 

agency that records a driver's response to a traffic control signal or traffic control device located 

at a railroad grade crossing. 

(4)(i) “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle 

under a lease of 6 months or more. 

(ii) “Owner” does not include a motor vehicle rental or leasing company or a holder of a special 

registration plate issued under Part III of Title 13, Subtitle 9 of this article. 

(5) “Violation” means any violation of §§ 21-701 through 21-704 of this subtitle. 

Application of section to Montgomery and Prince George’s County only

(b) This section applies only in Montgomery County and Prince George's County. 

Recordings indicating violations 
696 

(c) A recording by an automated railroad grade crossing enforcement system under this section 

indicating that the driver of a motor vehicle has committed a violation shall include: 

(1) An image of the motor vehicle; 

(2) An image of the driver of the motor vehicle; 

(3) An image of the motor vehicle's rear license plate; 

(4) The time of the violation; 

(5) The date of the violation; and 

(6) The location of the violation. 

Format for recordings 

(d) The recording shall be made on: 

(1) Two or more photographs; 

(2) Two or more microphotographs; 

(3) Two or more electronic images; 

(4) Videotape; or 

(5) Any other medium. 

Civil penalties for violation of section 

(e)(1) Unless the driver of the motor vehicle received a citation from a police officer at the time 

of the violation, the owner or, in accordance with subsection (h)(5) of this section, the driver of a 

motor vehicle is subject to a civil penalty if the motor vehicle is recorded by an automated 

railroad grade crossing enforcement system during the commission of a violation. 

(2) A civil penalty under this subsection may not exceed $100. 

(3) For purposes of this section, the District Court shall prescribe: 

(i) A uniform citation form consistent with subsection (f)(1) of this section and § 7-302 of the 

Courts Article; and 

(ii) A civil penalty, which shall be indicated on the citation, to be paid by persons who choose to 

prepay the civil penalty without appearing in District Court. 

Citation mailed to registered owner of vehicle 

(f)(1) Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall 

mail to the owner liable under subsection (e) of this section a citation that shall include: 

(i) The name and address of the registered owner of the vehicle; 

(ii) The registration number of the motor vehicle involved in the violation; 

(iii) The violation charged; 

(iv) The location of the railroad grade crossing; 

(v) The date and time of the violation; 

(vi) A copy of the recorded image; 

(vii) The amount of the civil penalty imposed and the date by which the civil penalty must be 

paid; 

(viii) A signed statement by a technician employed by the agency that, based on inspection of 

recorded images, the motor vehicle was being operated during the commission of a violation; 

(ix) A statement that recorded images are evidence of a violation; and 

(x) Information advising the person alleged to be liable under this section: 

1. Of the manner and time in which liability as alleged in the citation may be contested in the 

District Court; and 

2. Warning that failure to pay the civil penalty or to contest liability in a timely manner is an 

admission of liability and may result in refusal or suspension of the motor vehicle registration. 
697 

(2) The agency may mail a warning notice in lieu of a citation to the owner liable under 

subsection (e) of this section. 

(3) Except as provided in subsection (h)(5) of this section, a citation issued under this section 

shall be mailed no later than 2 weeks after the alleged violation. 

(4) A person who receives a citation under paragraph (1) of this subsection may: 

(i) Pay the civil penalty, in accordance with instructions on the citation, directly to Montgomery 

County or Prince George's County, or to the District Court; or 

(ii) Elect to stand trial for the alleged violation. 

Certificate admissible as evidence of facts contained within 

(g)(1) A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized 

agent of the agency, based on inspection of recorded images produced by an automated railroad 

grade crossing enforcement system shall be evidence of the facts contained in the certificate and 

shall be admissible in any proceeding concerning the alleged violation. 

(2) Adjudication of liability shall be based on a preponderance of evidence. 

Defenses 

(h)(1) The District Court may consider in defense of a violation: 

(i) That the driver of the vehicle passed through the railroad grade crossing in a manner that 

would constitute a violation: 

1. In order to yield the right-of-way to an emergency vehicle; or 

2. As part of a funeral procession in accordance with § 21-207 of this title; 

(ii) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the 

motor vehicle were stolen before the violation occurred and were not under the control or 

possession of the owner at the time of the violation; 

(iii) That under § 21-201 of this title, this section is unenforceable against the owner because at 

the time and place of the alleged violation, the traffic control signal or traffic control device was 

not in proper position and was unable to be seen by an ordinarily observant individual; 

(iv) Subject to paragraph (3) of this subsection, evidence that the person named in the citation 

was not operating the vehicle at the time of the violation; and 

(v) Any other issues and evidence that the District Court deems pertinent. 

(2) In order to demonstrate that the motor vehicle or the registration plates were stolen before the 

violation occurred and were not under the control or possession of the owner at the time of the 

violation, the owner must submit proof that a police report about the stolen motor vehicle or 

registration plates was filed in a timely manner. 

(3) To satisfy the evidentiary burden under paragraph (1)(iv) of this subsection, the person 

named in the citation shall provide to the District Court evidence to the satisfaction of the court 

of who was operating the vehicle at the time of the violation, including, at a minimum, the 

operator's name and current address. 

(4)(i) The provisions of this paragraph apply only to a citation that involves a Class E (truck) 

vehicle with a registered gross weight of 26,001 pounds or more, Class F (tractor) vehicle, Class 

G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, and Class P 

(passenger bus) vehicle. 

(ii) To satisfy the evidentiary burden under paragraph (1)(iv) of this subsection, the person 

named in a citation described under subparagraph (i) of this paragraph may provide to the 

District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return 

receipt requested, that: 
698 

1. States that the person named in the citation was not operating the vehicle at the time of the 

violation; and 

2. Provides the name, address, and driver's license identification number of the person who was 

operating the vehicle at the time of the violation. 

(5)(i) If the District Court finds that the person named in the citation was not operating the 

vehicle at the time of the violation or receives evidence under paragraph (4)(ii)2 of this 

subsection identifying the person driving the vehicle at the time of the violation, the clerk of the 

court shall provide to the agency issuing the citation a copy of any evidence substantiating who 

was operating the vehicle at the time of the violation. 

(ii) On the receipt of substantiating evidence from the District Court under subparagraph (i) of 

this paragraph, an agency may issue a citation as provided in subsection (f) of this section to the 

person that the evidence indicates was operating the vehicle at the time of the violation. 

(iii) A citation issued under subparagraph (ii) of this paragraph shall be mailed no later than 2 

weeks after receipt of the evidence from the District Court. 

Refusal to register, reregister, or suspension of registration 

(i) If the civil penalty is not paid and the violation is not contested, the Administration may 

refuse to register or reregister or may suspend the registration of the motor vehicle. 

Violation of section not a moving violation 

(j) A violation for which a civil penalty is imposed under this section: 

(1) Is not a moving violation for the purpose of assessing points under § 16-402 of this article 

and may not be recorded by the Administration on the driving record of the owner or driver of 

the vehicle; 

(2) May be treated as a parking violation for purposes of § 26-305 of this article; and 

(3) May not be considered in the provision of motor vehicle insurance coverage. 

Procedures for issuance of citations, trial, and collection of penalties 

(k) In consultation with local law enforcement agencies in Montgomery County and Prince 

George's County, the Chief Judge of the District Court shall adopt procedures for the issuance of 

citations, the trial of violations, and the collection of civil penalties under this section. 

Md. Code Ann., Transp. § 21-704.1 (West 2021) 

Massachusetts (0) 

No applicable statute related to this topic 

Michigan (1) 

§ 257.667a. Installation and use of unmanned traffic monitoring devices at railroad grade 

crossings 

Sec. 667a. (1) The department of state police or the state transportation department; the county 

board of commissioners, board of county road commissioners, or county sheriff; or other local 

authority having jurisdiction over a highway or street may authorize the installation and use of 

unmanned traffic monitoring devices at a railroad grade crossing with flashing signals and gates 

on a highway or street under their respective jurisdictions. Each device shall be sufficiently 

marked or identified or a sign shall be placed at the approach to the crossing indicating that the 

crossing is monitored by an unmanned traffic monitoring device. 

(2) Beginning 31 days after the installation of an unmanned traffic monitoring device at a 

railroad grade crossing described in subsection (1), a person is responsible for a civil infraction 

as provided in section 6671 if the person violates a provision of that section on the basis of 
699 

evidence obtained from an unmanned traffic monitoring device. However, for the first 30 days 

after the installation of an unmanned traffic monitoring device, a person shall be issued a written 

warning only. It is an affirmative defense to a charge of violating section 667 that the mechanical 

warning devices at the crossing were malfunctioning. 

(3) A sworn statement of a police officer from the state or local authority having jurisdiction over 

the highway or street upon which the railroad grade crossing described in subsection (1) is 

located, based upon inspection of photographs, microphotographs, videotape, or other recorded 

images produced by an unmanned traffic monitoring device, is prima facie evidence of the facts 

contained therein. Any photographs, microphotographs, videotape, or other recorded images 

indicating such a violation shall be available for inspection in any proceeding to adjudicate the 

responsibility for a violation of section 667. Any photographs, videotape, or digital images of the 

violation shall be destroyed 90 days after final disposition of the citation. 

(4) In a prosecution for a violation of section 667 established by an unmanned traffic monitoring 

device under this section, prima facie evidence that the vehicle described in the citation issued 

was operated in violation of section 667, together with proof that the defendant was at the time of 

the violation the registered owner of the vehicle, shall constitute in evidence a rebuttable 

presumption that the registered owner of the vehicle was the person who committed the 

violation. The presumption is rebutted if the registered owner of the vehicle files an affidavit by 

regular mail with the clerk of the court that he or she was not the operator of the vehicle at the 

time of the alleged violation or testifies in open court under oath that he or she was not the 

operator of the vehicle at the time of the alleged violation. The presumption also is rebutted if a 

certified copy of a police report, showing that the vehicle had been reported to the police as 

stolen before the time of the alleged violation of this section, is presented before the appearance 

date established on the citation. For purposes of this subsection, the owner of a leased or rental 

vehicle shall provide the name and address of the person to whom the vehicle was leased or 

rented at the time of the violation. 

(5) Notwithstanding section 742,2 a citation for a violation of section 667 on the basis of 

evidence obtained from an unmanned traffic monitoring device may be executed by mailing by 

first-class mail a copy to the address of the owner of the vehicle as shown on the records of the 

secretary of state. If the summoned person fails to appear on the date of return set out in the 

citation previously mailed by first-class mail under this subsection, a copy shall be sent by 

certified mail-return receipt requested. If the summoned person fails to appear on either of the 

dates of return set out in the copies of the citation mailed under this section, the citation shall be 

executed in the manner provided by law for personal service. The court may issue a warrant for 

the arrest of a person who fails to appear within the time limit established on the citation if a 

sworn complaint is filed with the court for that purpose. 

(6) If there is a fatality resulting from a train-vehicle crash at a public railroad grade crossing, the 

state transportation department shall convene a diagnostic study team review, if there has not 

been a diagnostic study team review at the crossing in the last 2 years. However, a diagnostic 

study team review is not required if the initial law enforcement investigation of the fatality 

indicates that the motorist's consumption of alcohol or a controlled substance or his or her 

disregard of an existing traffic control device conveying a “stop” message contributed to the 

fatality, or that the fatality was a suicide. The diagnostic study team review shall be conducted 

within 120 days after the state transportation department is made aware of the fatality. If the 

diagnostic study team review reaches consensus that warning device enhancements are needed, 

the state transportation department shall order those improvements. The cost for the 
700 

improvements shall be financed consistent with the financing of similar projects by the state 

transportation department according to its annual prioritization of grade crossing safety 

improvements. 

Mich. Comp. Laws Ann. § 257.667a (West 2021) 

Minnesota (0) 

No applicable statute related to this topic 

Mississippi (0) 

No applicable statute related to this topic 

Missouri (0) 

No applicable statute related to this topic 

Montana (0) 

No applicable statute related to this topic 

Nebraska (0) 

No applicable statute related to this topic 

Nevada (0) 

No applicable statute related to this topic 

New Hampshire (0) 

No applicable statute related to this topic 

New Jersey (0) 

No applicable statute related to this topic 

New Mexico (0) 

No applicable statute related to this topic 

New York (1) 

*§ 1111-a. Owner liability for failure of operator to comply with traffic-control indications 

[Deemed repealed Dec. 1, 2024, pursuant to L.1988, c. 746, § 17.] 

(a) 1. Notwithstanding any other provision of law, each city with a population of one million or 

more is hereby authorized and empowered to adopt and amend a local law or ordinance 

establishing a demonstration program imposing monetary liability on the owner of a vehicle for 

failure of an operator thereof to comply with traffic-control indications in such city in accordance 

with the provisions of this section. Such demonstration program shall empower a city to install 

and operate traffic-control signal photo violation-monitoring devices at no more than one 

hundred fifty intersections within such city at any one time. 

2. Such demonstration program shall utilize necessary technologies to ensure, to the extent 

practicable, that photographs produced by such traffic-control signal photo violation-monitoring 
701 

systems shall not include images that identify the driver, the passengers, or the contents of the 

vehicle. Provided, however, that no notice of liability issued pursuant to this section shall be 

dismissed solely because a photograph or photographs allow for the identification of the contents 

of a vehicle, provided that such city has made a reasonable effort to comply with the provisions 

of this paragraph. 

(b) In any city which has adopted a local law or ordinance pursuant to subdivision (a) of this 

section, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section if 

such vehicle was used or operated with the permission of the owner, express or implied, in 

violation of subdivision (d) of section eleven hundred eleven of this article, and such violation is 

evidenced by information obtained from a traffic-control signal photo violation-monitoring 

system; provided however that no owner of a vehicle shall be liable for a penalty imposed 

pursuant to this section where the operator of such vehicle has been convicted of the underlying 

violation of subdivision (d) of section eleven hundred eleven of this article. 

(c) For purposes of this section, “owner” shall have the meaning provided in article two-B of this 

chapter. For purposes of this section, “traffic-control signal photo violation-monitoring system” 

shall mean a vehicle sensor installed to work in conjunction with a traffic-control signal which 

automatically produces two or more photographs, two or more microphotographs, a videotape or 

other recorded images of each vehicle at the time it is used or operated in violation of 

subdivision (d) of section eleven hundred eleven of this article. 

(d) A certificate, sworn to or affirmed by a technician employed by the city in which the charged 

violation occurred, or a facsimile thereof, based upon inspection of photographs, 

microphotographs, videotape or other recorded images produced by a traffic-control signal photo 

violation-monitoring system, shall be prima facie evidence of the facts contained therein. Any 

photographs, microphotographs, videotape or other recorded images evidencing such a violation 

shall be available for inspection in any proceeding to adjudicate the liability for such violation 

pursuant to a local law or ordinance adopted pursuant to this section. 

(e) An owner liable for a violation of subdivision (d) of section eleven hundred eleven of this 

article pursuant to a local law or ordinance adopted pursuant to this section shall be liable for 

monetary penalties in accordance with a schedule of fines and penalties to be set forth in such 

local law or ordinance, except that in a city which, by local law, has authorized the adjudication 

of such owner liability by a parking violations bureau, such schedule shall be promulgated by 

such bureau. The liability of the owner pursuant to this section shall not exceed fifty dollars for 

each violation; provided, however, that such local law or ordinance may provide for an 

additional penalty not in excess of twenty-five dollars for each violation for the failure to 

respond to a notice of liability within the prescribed time period. 

(f) An imposition of liability under a local law or ordinance adopted pursuant to this section shall 

not be deemed a conviction as an operator and shall not be made part of the operating record of 

the person upon whom such liability is imposed nor shall it be used for insurance purposes in the 

provision of motor vehicle insurance coverage. 

(g) 1. A notice of liability shall be sent by first class mail to each person alleged to be liable as an 

owner for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant 

to this section. Personal delivery on the owner shall not be required. A manual or automatic 

record of mailing prepared in the ordinary course of business shall be prima facie evidence of the 

facts contained therein. 

2. A notice of liability shall contain the name and address of the person alleged to be liable as an 

owner for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant 
702 

to this section, the registration number of the vehicle involved in such violation, the location 

where such violation took place, the date and time of such violation and the identification 

number of the camera which recorded the violation or other document locator number. 

3. The notice of liability shall contain information advising the person charged of the manner and 

the time in which he may contest the liability alleged in the notice. Such notice of liability shall 

also contain a warning to advise the persons charged that failure to contest in the manner and 

time provided shall be deemed an admission of liability and that a default judgment may be 

entered thereon. 

4. The notice of liability shall be prepared and mailed by the city having jurisdiction over the 

intersection where the violation occurred, or by any other entity authorized by the city to prepare 

and mail such notification of violation. 

(h) Adjudication of the liability imposed upon owners by this section shall be by a traffic 

violations bureau established pursuant to section three hundred seventy of the general municipal 

law or, if there be none, by the court having jurisdiction over traffic infractions, except that any 

city which has established an administrative tribunal to hear and determine complaints of traffic 

infractions constituting parking, standing or stopping violations may, by local law, authorize 

such adjudication by such tribunal. 

(i) If an owner receives a notice of liability pursuant to this section for any time period during 

which the vehicle was reported to the police department as having been stolen, it shall be a valid 

defense to an allegation of liability for a violation of subdivision (d) of section eleven hundred 

eleven of this article pursuant to this section that the vehicle had been reported to the police as 

stolen prior to the time the violation occurred and had not been recovered by such time. For 

purposes of asserting the defense provided by this subdivision it shall be sufficient that a 

certified copy of the police report on the stolen vehicle be sent by first class mail to the traffic 

violations bureau, court having jurisdiction or parking violations bureau. 

(j) 1. In a city where the adjudication of liability imposed upon owners pursuant to this section is 

by a traffic violations bureau or a court having jurisdiction, an owner who is a lessor of a vehicle 

to which a notice of liability was issued pursuant to subdivision (g) of this section shall not be 

liable for the violation of subdivision (d) of section eleven hundred eleven of this article, 

provided that he or she sends to the traffic violations bureau or court having jurisdiction a copy 

of the rental, lease or other such contract document covering such vehicle on the date of the 

violation, with the name and address of the lessee clearly legible, within thirty-seven days after 

receiving notice from the bureau or court of the date and time of such violation, together with the 

other information contained in the original notice of liability. Failure to send such information 

within such thirty-seven day time period shall render the owner liable for the penalty prescribed 

by this section. Where the lessor complies with the provisions of this paragraph, the lessee of 

such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for 

purposes of this section, shall be subject to liability for the violation of subdivision (d) of section 

eleven hundred eleven of this article pursuant to this section and shall be sent a notice of liability 

pursuant to subdivision (g) of this section. 

2. (i) In a city which, by local law, has authorized the adjudication of liability imposed upon 

owners by this section by a parking violations bureau, an owner who is a lessor of a vehicle to 

which a notice of liability was issued pursuant to subdivision (g) of this section shall not be 

liable for the violation of subdivision (d) of section eleven hundred eleven of this article, 

provided that: 
703 

(A) prior to the violation, the lessor has filed with the bureau in accordance with the provisions 

of section two hundred thirty-nine of this chapter; and 

(B) within thirty-seven days after receiving notice from the bureau of the date and time of a 

liability, together with the other information contained in the original notice of liability, the 

lessor submits to the bureau the correct name and address of the lessee of the vehicle identified 

in the notice of liability at the time of such violation, together with such other additional 

information contained in the rental, lease or other contract document, as may be reasonably 

required by the bureau pursuant to regulations that may be promulgated for such purpose. 

(ii) Failure to comply with clause (B) of subparagraph (i) of this paragraph shall render the 

owner liable for the penalty prescribed in this section. 

(iii) Where the lessor complies with the provisions of this paragraph, the lessee of such vehicle 

on the date of such violation shall be deemed to be the owner of such vehicle for purposes of this 

section, shall be subject to liability for such violation pursuant to this section and shall be sent a 

notice of liability pursuant to subdivision (g) of this section. 

(k) 1. If the owner liable for a violation of subdivision (d) of section eleven hundred eleven of 

this article pursuant to this section was not the operator of the vehicle at the time of the violation, 

the owner may maintain an action for indemnification against the operator. 

2. Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a 

monetary fine imposed pursuant to this section if the operator of such vehicle was operating such 

vehicle without the consent of the owner at the time such operator failed to obey a traffic-control 

indication. For purposes of this subdivision there shall be a presumption that the operator of such 

vehicle was operating such vehicle with the consent of the owner at the time such operator failed 

to obey a traffic-control indication. 

(l) Nothing in this section shall be construed to limit the liability of an operator of a vehicle for 

any violation of subdivision (d) of section eleven hundred eleven of this article. 

(m) Any city that adopts a demonstration program pursuant to subdivision (a) of this section 

shall submit an annual report detailing the results of the use of such traffic-control signal photo 

violation-monitoring system to the governor, the temporary president of the senate and the 

speaker of the assembly on or before June first, two thousand seven and on the same date in each 

succeeding year in which the demonstration program is operable. Such report shall include, but 

not be limited to: 

1. a description of the locations where traffic-control signal photo violation-monitoring systems 

were used; 

2. within each borough of such city, the aggregate number, type and severity of accidents 

reported at intersections where a traffic-control signal photo violation-monitoring system is used 

for the three years preceding the installation of such system, to the extent the information is 

maintained by the department of motor vehicles of this state; 

3. within each borough of such city, the aggregate number, type and severity of accidents 

reported at intersections where a traffic-control signal photo violation-monitoring system is used 

for the reporting year, as well as for the preceding three years that the traffic-control signal photo 

violation-monitoring system has been operational, to the extent the information is maintained by 

the department of motor vehicles of this state; 

4. the number of events and number of violations recorded at each intersection where a trafficcontrol signal photo violation-monitoring system is used and in the aggregate on a daily, weekly 

and monthly basis; 
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5. the number of notices of liability issued for violations recorded by such system at each 

intersection where a traffic-control signal photo violation-monitoring system is used; 

6. the number of fines imposed and total amount of fines paid after first notice of liability issued 

for violations recorded by such systems; 

7. the number and percentage of violations adjudicated and results of such adjudications 

including breakdowns of dispositions made for violations recorded by such systems; 

8. the total amount of revenue realized by such city from such adjudications including a 

breakdown of revenue realized by such city for each year since deployment of its traffic-control 

signal photo violation-monitoring system since 2014; 

9. expenses incurred by such city in connection with the program; and 

10. quality of the adjudication process and its results. 

(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven 

hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this 

section that such traffic-control indications were malfunctioning at the time of the alleged 

violation. 

N.Y. Veh. & Traf. Law § 1111-a (McKinney 2021) 

North Carolina (0) 

No applicable statute related to this topic 

North Dakota (0) 

No applicable statute related to this topic 

Ohio (1) 

*§ 4511.094 Requirements for use of traffic law photo-monitoring devices 

(A) No local authority shall use traffic law photo-monitoring devices to detect or enforce any 

traffic law violation until after it has done both of the following: 

(1) Erected signs on every highway that is not a freeway that is part of the state highway system 

and that enters that local authority informing inbound traffic that the local authority utilizes 

traffic law photo-monitoring devices to enforce traffic laws; 

(2) Beginning on the effective date of this amendment, erected signs at each fixed system 

location informing motorists that a traffic law photo-monitoring device is present at the location. 

The local authority shall erect the signs within the first three hundred feet of the boundary of the 

local authority or within three hundred feet of the fixed system location, as applicable. If the 

signs cannot be located within the first three hundred feet of the boundary of the local authority 

or within three hundred feet of the fixed system location, the local authority shall erect the signs 

as close to that distance as possible. If a particular highway enters and exits the territory of a 

local authority multiple times, the local authority shall erect the signs as required by division 

(A)(1) of this section at the locations in each direction of travel where inbound traffic on the 

highway first enters the territory of the local authority and is not required to erect additional 

signs along such highway each time the highway reenters the territory of the local authority. The 

local authority is responsible for all costs associated with the erection, maintenance, and 

replacement, if necessary, of the signs. The local authority shall ensure that all signs erected 

under this division conform in size, color, location, and content to standards contained in the 

manual adopted by the department of transportation pursuant to section 4511.09 of the Revised 
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Code and shall remain in place for as long as the local authority utilizes traffic law photomonitoring devices to enforce any traffic law. 

(B) A ticket issued by or on behalf of the local authority for any traffic law violation based upon 

evidence recorded by a traffic law photo-monitoring device is invalid under the following 

circumstances: 

(1) If the ticket was issued after March 12, 2009, but before the signs required under division 

(A)(1) of this section were erected; 

(2) If the ticket was issued after the effective date of this amendment but before the signs 

required under division (A)(2) of this section were erected. 

However, if a local authority is in substantial compliance with the requirements of division 

(A)(1) or (2) of this section, as applicable, a ticket issued by the local authority under sections 

4511.096 to 4511.0912 of the Revised Code is valid. 

(C) A local authority is deemed to be in substantial compliance with the requirement of division 

(A)(1) or (2) of this section, as applicable, to erect the advisory signs if the authority does both of 

the following: 

(1) First erects all signs as required by division (A)(1) or (2) of this section, as applicable, and 

subsequently maintains and replaces the signs as needed so that at all times at least ninety per 

cent of the required signs are in place and functional; 

(2) Annually documents and upon request certifies its compliance with division (C)(1) of this 

section. 

(D) A local authority that uses traffic law photo-monitoring devices to detect or enforce any 

traffic law violation at an intersection where traffic is controlled by traffic control signals that 

exhibit different colored lights or colored lighted arrows shall time the operation of the yellow 

lights and yellow arrows of those traffic control signals so that the steady yellow indication 

exceeds by one second the minimum duration for yellow indicators at similar intersections as 

established by the provisions of the manual adopted by the department of transportation under 

section 4511.09 of the Revised Code. 

Ohio Rev. Code Ann. § 4511.094 (West 2021) 

Oklahoma (0) 

No applicable statute related to this topic 

Oregon (0) 

No applicable statute related to this topic 

Pennsylvania (0) 

No applicable statute related to this topic 

Rhode Island (1) 

§ 31-41.2-3. Automated traffic violation monitoring systems 

(a) The state department of transportation and the municipalities of this state are hereby 

authorized to install and operate automated traffic violation detection systems. Such systems 

shall be limited to systems which monitor and detect violations of traffic control signals. For 

purposes of this chapter an automated traffic violation detection system means a system with one 
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or more motor vehicle sensors which produces images of motor vehicles being operated in 

violation of traffic signal laws. 

(b) No automated traffic violation detection system shall be installed pursuant to this section 

which has not been approved for use by the director of the state department of transportation. 

The director of the state department of transportation shall promulgate regulations for the 

approval and operation of said systems pursuant to the administrative procedures act, chapter 35 

of title 42. Systems shall be approved if the director is satisfied they meet standards of efficiency 

and accuracy. All systems installed for use under this chapter must be able to record the image of 

the vehicle and the license plates of the vehicle. 

(c) In the event that the system is to be installed other than by the state department of 

transportation on state-maintained streets or roads, the director of the department of 

transportation must approve such installation. 

(d) The state department of transportation and/or the municipalities may enter into an agreement 

with a private corporation or other entity to provide automated traffic violation detection systems 

or equipment and to maintain such systems. 

(e) Compensation to a private entity that provides traffic signal monitoring devices shall be based 

on the value of such equipment and related support services, and shall not be based on the 

revenue generated by such systems. 

31 R.I. Gen. Laws Ann. § 31-41.2-3 (West 2021) 

South Carolina (0) 

No applicable statute related to this topic 

South Dakota (0) 

No applicable statute related to this topic 

Tennessee (1) 

*§ 55-8-198. Traffic citations; unmanned traffic enforcement cameras 

Tennessee has a statute that relates to traffic light signal monitoring systems. No mention is 

made of its application to highway-rail grade crossings. 

Tenn. Code Ann. § 55-8-198 (West 2021) (author commentary) 

Texas (0) 

No applicable statute related to this topic 

Utah (0) 

No applicable statute related to this topic 

Vermont (0) 

No applicable statute related to this topic 

Virginia (1) 

*§ 46.2-819.1. Installation and use of photo-monitoring system or automatic vehicle 

identification system in conjunction with electronic or manual toll facilities; penalty 
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Virginia law provides for the use of photo-monitoring systems or automatic vehicle identification 

systems. However, use of these systems is limited to the collection of unpaid tolls at toll 

facilities. 

Va. Code Ann. § 46.2-819.1 (West 2021) (author commentary) 

Washington (1) 

*§ 46.63.170. Automated traffic safety cameras--Definition (Effective until June 30, 2023) 

(1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to 

the following requirements: 

(a) Except for proposed locations used solely for the pilot program purposes permitted under 

subsection (6) of this section, the appropriate local legislative authority must prepare an analysis 

of the locations within the jurisdiction where automated traffic safety cameras are proposed to be 

located: (i) Before enacting an ordinance allowing for the initial use of automated traffic safety 

cameras; and (ii) before adding additional cameras or relocating any existing camera to a new 

location within the jurisdiction. Automated traffic safety cameras may be used to detect one or 

more of the following: Stoplight, railroad crossing, or school speed zone violations; speed 

violations subject to (c) of this subsection; or violations included in subsection (6) of this section 

for the duration of the pilot program authorized under subsection (6) of this section. At a 

minimum, the local ordinance must contain the restrictions described in this section and 

provisions for public notice and signage. Cities and counties using automated traffic safety 

cameras before July 24, 2005, are subject to the restrictions described in this section, but are not 

required to enact an authorizing ordinance. Beginning one year after June 7, 2012, cities and 

counties using automated traffic safety cameras must post an annual report of the number of 

traffic accidents that occurred at each location where an automated traffic safety camera is 

located as well as the number of notices of infraction issued for each camera and any other 

relevant information about the automated traffic safety cameras that the city or county deems 

appropriate on the city's or county's web site. 

(b) Except as provided in (c) of this subsection and subsection (6) of this section, use of 

automated traffic safety cameras is restricted to the following locations only: (i) Intersections of 

two or more arterials with traffic control signals that have yellow change interval durations in 

accordance with RCW 47.36.022, which interval durations may not be reduced after placement 

of the camera; (ii) railroad crossings; and (iii) school speed zones. 

(c) Any city west of the Cascade mountains with a population of more than one hundred ninetyfive thousand located in a county with a population of fewer than one million five hundred 

thousand may operate an automated traffic safety camera to detect speed violations subject to the 

following limitations: 

(i) A city may only operate one such automated traffic safety camera within its respective 

jurisdiction; and 

(ii) The use and location of the automated traffic safety camera must have first been authorized 

by the Washington state legislature as a pilot project for at least one full year. 

(d) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license 

plate and only while an infraction is occurring. The picture must not reveal the face of the driver 

or of passengers in the vehicle. The primary purpose of camera placement is to take pictures of 

the vehicle and vehicle license plate when an infraction is occurring. Cities and counties shall 

consider installing cameras in a manner that minimizes the impact of camera flash on drivers. 
708 

(e) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen 

days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's 

name and address under subsection (3)(a) of this section. The law enforcement officer issuing the 

notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection 

of photographs, microphotographs, or electronic images produced by an automated traffic safety 

camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima 

facie evidence of the facts contained in it and is admissible in a proceeding charging a violation 

under this chapter. The photographs, microphotographs, or electronic images evidencing the 

violation must be available for inspection and admission into evidence in a proceeding to 

adjudicate the liability for the infraction. A person receiving a notice of infraction based on 

evidence detected by an automated traffic safety camera may respond to the notice by mail. 

(f) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) 

unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a 

rental car business, satisfies the conditions under subsection (3) of this section. If appropriate 

under the circumstances, a renter identified under subsection (3)(a) of this section is responsible 

for an infraction. 

(g) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic 

images, or any other personally identifying data prepared under this section are for the exclusive 

use of law enforcement in the discharge of duties under this section and are not open to the 

public and may not be used in a court in a pending action or proceeding unless the action or 

proceeding relates to a violation under this section. No photograph, microphotograph, or 

electronic image, or any other personally identifying data may be used for any purpose other than 

enforcement of violations under this section nor retained longer than necessary to enforce this 

section. 

(h) All locations where an automated traffic safety camera is used must be clearly marked at least 

thirty days prior to activation of the camera by placing signs in locations that clearly indicate to a 

driver that he or she is entering a zone where traffic laws are enforced by an automated traffic 

safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must 

follow the specifications and guidelines under the manual of uniform traffic control devices for 

streets and highways as adopted by the department of transportation under chapter 47.36 RCW. 

(i) If a county or city has established an authorized automated traffic safety camera program 

under this section, the compensation paid to the manufacturer or vendor of the equipment used 

must be based only upon the value of the equipment and services provided or rendered in support 

of the system, and may not be based upon a portion of the fine or civil penalty imposed or the 

revenue generated by the equipment. 

(2) Infractions detected through the use of automated traffic safety cameras are not part of the 

registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions 

generated by the use of automated traffic safety cameras under this section shall be processed in 

the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 

46.16A.120, and 46.20.270(2). Except as provided otherwise in subsection (6) of this section, the 

amount of the fine issued for an infraction generated through the use of an automated traffic 

safety camera shall not exceed the amount of a fine issued for other parking infractions within 

the jurisdiction. However, the amount of the fine issued for a traffic control signal violation 

detected through the use of an automated traffic safety camera shall not exceed the monetary 

penalty for a violation of RCW 46.61.050 as provided under RCW 46.63.110, including all 

applicable statutory assessments. 
709 

(3) If the registered owner of the vehicle is a rental car business, the law enforcement agency 

shall, before a notice of infraction being issued under this section, provide a written notice to the 

rental car business that a notice of infraction may be issued to the rental car business if the rental 

car business does not, within eighteen days of receiving the written notice, provide to the issuing 

agency by return mail: 

(a) A statement under oath stating the name and known mailing address of the individual driving 

or renting the vehicle when the infraction occurred; or 

(b) A statement under oath that the business is unable to determine who was driving or renting 

the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the 

infraction. A statement provided under this subsection must be accompanied by a copy of a filed 

police report regarding the vehicle theft; or 

(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable 

penalty. 

Timely mailing of this statement to the issuing law enforcement agency relieves a rental car 

business of any liability under this chapter for the notice of infraction. 

(4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic 

infraction to a person in control of a vehicle at the time a violation occurs under RCW 

46.63.030(1) (a), (b), or (c). 

(5)(a) For the purposes of this section, “automated traffic safety camera” means a device that 

uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, 

a railroad grade crossing control system, or a speed measuring device, and a camera 

synchronized to automatically record one or more sequenced photographs, microphotographs, or 

electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a 

steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds 

a speed limit as detected by a speed measuring device. 

(b) For the purposes of the pilot program authorized under subsection (6) of this section, 

“automated traffic safety camera” also includes a device used to detect stopping at intersection or 

crosswalk violations; stopping when traffic obstructed violations; public transportation only lane 

violations; and stopping or traveling in restricted lane violations. The device, including all 

technology defined under “automated traffic safety camera,” must not reveal the face of the 

driver or the passengers in vehicles, and must not use any facial recognition technology in real 

time or after capturing any information. If the face of any individual in a crosswalk or otherwise 

within the frame is incidentally captured, it may not be made available to the public nor used for 

any purpose including, but not limited to, any law enforcement action, except in a pending action 

or proceeding related to a violation under this section. 

(6)(a)(i) A city with a population greater than five hundred thousand may adopt an ordinance 

creating a pilot program authorizing automated traffic safety cameras to be used to detect one or 

more of the following violations: Stopping when traffic obstructed violations; stopping at 

intersection or crosswalk violations; public transportation only lane violations; and stopping or 

traveling in restricted lane violations. Under the pilot program, stopping at intersection or 

crosswalk violations may only be enforced at the twenty intersections where the city would most 

like to address safety concerns related to stopping at intersection or crosswalk violations. At a 

minimum, the local ordinance must contain the restrictions described in this section and 

provisions for public notice and signage. 
710 

(ii) Except where specifically exempted, all of the rules and restrictions applicable to the use of 

automated traffic safety cameras in this section apply to the use of automated traffic safety 

cameras in the pilot program established in this subsection (6). 

(iii) As used in this subsection (6), “public transportation vehicle” means any motor vehicle, 

streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or 

operated by a transit authority or an entity providing service on behalf of a transit authority that 

is used for the purpose of carrying passengers and that operates on established routes. “Transit 

authority” has the meaning provided in RCW 9.91.025.

(b) Use of automated traffic safety cameras as authorized in this subsection (6) is restricted to the 

following locations only: Locations authorized in subsection (1)(b) of this section; and midblock 

on arterials. Additionally, the use of automated traffic safety cameras as authorized in this 

subsection (6) is further limited to the following: 

(i) The portion of state and local roadways in downtown areas of the city used for office and 

commercial activities, as well as retail shopping and support services, and that may include 

mixed residential uses; 

(ii) The portion of state and local roadways in areas in the city within one-half mile north of the 

boundary of the area described in (b)(i) of this subsection; 

(iii) Portions of roadway systems in the city that travel into and out of (b)(ii) of this subsection 

that are designated by the Washington state department of transportation as noninterstate 

freeways for up to four miles; and 

(iv) Portions of roadway systems in the city connected to the portions of the noninterstate 

freeways identified in (b)(iii) of this subsection that are designated by the Washington state 

department of transportation as arterial roadways for up to one mile from the intersection of the 

arterial roadway and the noninterstate freeway. 

(c) However, automated traffic safety cameras may not be used on an on-ramp to an interstate. 

(d) From June 11, 2020, through December 31, 2020, a warning notice with no penalty must be 

issued to the registered owner of the vehicle for a violation generated through the use of an 

automated traffic safety camera authorized in this subsection (6). Beginning January 1, 2021, a 

notice of infraction must be issued, in a manner consistent with subsections (1)(e) and (3) of this 

section, for a violation generated through the use of an automated traffic safety camera 

authorized in this subsection (6). However, the penalty for the violation may not exceed seventyfive dollars. 

(e) For infractions issued as authorized in this subsection (6), a city with a pilot program shall 

remit monthly to the state fifty percent of the noninterest money received under this subsection 

(6) in excess of the cost to install, operate, and maintain the automated traffic safety cameras for 

use in the pilot program. Money remitted under this subsection to the state treasurer shall be 

deposited in the Cooper Jones active transportation safety account created in RCW 46.68.480. 

The remaining fifty percent retained by the city must be used only for improvements to 

transportation that support equitable access and mobility for persons with disabilities. 

(f) A transit authority may not take disciplinary action, regarding a warning or infraction issued 

pursuant to this subsection (6), against an employee who was operating a public transportation 

vehicle at the time the violation that was the basis of the warning or infraction was detected. 

(g) A city that implements a pilot program under this subsection (6) must provide a preliminary 

report to the transportation committees of the legislature by June 30, 2022, and a final report by 

January 1, 2023, on the pilot program that includes the locations chosen for the automated traffic 

safety cameras used in the pilot program, the number of warnings and traffic infractions issued 
711 

under the pilot program, the number of traffic infractions issued with respect to vehicles 

registered outside of the county in which the city is located, the infrastructure improvements 

made using the penalty moneys as required under (e) of this subsection, an equity analysis that 

includes any disproportionate impacts, safety, and on-time performance statistics related to the 

impact on driver behavior of the use of automated traffic safety cameras in the pilot program, 

and any recommendations on the use of automated traffic safety cameras to enforce the 

violations that these cameras were authorized to detect under the pilot program. 

Wash. Rev. Code Ann. § 46.63.170 (West 2021) 

West Virginia (0) 

No applicable statute related to this topic 

Wisconsin (0) 

No applicable statute related to this topic 

Wyoming (0) 

No applicable statute related to this topic 

 
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