Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.12-001 - Rule M - Maintenance of Railroad Crossings; Rule X - Obstruction of Public Highways, Roads, Street, or Other Railroad Crossings or Public Property

Current through Register Vol. 49, No. 6, June, 2024
RAILROAD SAFETY AND REGULATORY RULES
PROMULGATED UNDER ACT 726 OF 1993
AS AMENDED BY ACT 668 OF 1995
MAINTENANCE OF RAILROAD
			 CROSSINGS
Rule
		  M-1.1
Each railroad company operating within the State of Arkansas
			 shall be responsible for the maintenance of that portion of the crossing lying
			 between the rails of the tracks and to the ends of crossties on each side. To
			 the extent practicable, the railroad company shall maintain this area in a good
			 state of repair, equal to or better than the adjoining portions of the
			 roadway.
The surface of each grade crossing shall conform to the plane of
			 the tops of the rails and be constructed and maintained in a reasonably smooth
			 condition. The public authority with jurisdiction over the roadway at the
			 crossing shall be responsible for maintaining the remaining portion of the
			 roadway at the crossing beyond the ends of crossties. Maintenance of grade
			 crossings shall be the responsibility of the parties as found above unless
			 otherwise ordered by the Arkansas State Highway Commission or agreed to by the
			 parties involved.
Rule
		  M-1.2
No crossing at grade shall be required to be maintained by the
			 railroad company at a standard that is higher than the condition of the
			 approach to that crossing as maintained by the public authority with
			 jurisdiction over that roadway.
Rule
		  M-1.3
(a) Each railroad company
		  shall notify in writing by certified mail the public authority with
		  jurisdiction over the roadway in question at least two (2) weeks in advance of
		  the date that it intends to raise or lower the elevation of one or more tracks
		  at any . crossing.
(b)
(1) No scheduled or programmed maintenance or
		  construction shall begin on a railroad crossing which will cause the crossing
		  to be blocked for a period in excess of the time allowed in these rules until
		  the railroad company has notified in writing by certified mail and received
		  approval from the public authority with jurisdiction over the roadway in
		  question. Said notice shall be provided to the public authority with
		  jurisdiction over the roadway not less than thirty (30) days in advance of the
		  date work is scheduled to begin.
(2) In the event that the public authority
		  with jurisdiction over the roadway fails to act on the request within one (1)
		  week of the date work is scheduled to begin, the railroad company may begin the
		  scheduled maintenance or construction after filing with the Commission a copy
		  of the certified mail and return receipt requesting approval of the blocking of
		  the crossing for a period in excess of the time allowed in these
		  rules.
(3) In the event the public
		  authority with jurisdiction over the roadway disapproves the request to block
		  the crossing, the railroad company may petition the Commission for a hearing
		  requesting approval of the obstruction. Notice of the hearing shall be served
		  on the public authority having jurisdiction over the roadway. All parties shall
		  have the right to appear and present evidence regarding the necessity for the
		  blocking and/or the reasons for not approving the blocking. At the conclusion
		  of the hearing, the Commission or its hearing officer shall make findings of
		  fact and enter an order in conformance with those findings. All decisions by
		  the Commission under this rule shall be appealable to the circuit courts of the
		  county in which the crossing is situated.
(c) In no event shall the provisions of this
		  rule apply to situations where a crossing is blocked for emergency maintenance
		  or construction by the railroad company required to make the crossing
		  accessible to the traveling public.
(d) When any maintenance or construction,
		  whether scheduled or emergency in nature, shall require the obstruction or
		  closing of the crossing in excess of thirty (30) minutes, the railroad company
		  shall be responsible for the placement of signs showing the designated
		  alternative or detour route. Such alternative route shall conform to the
		  requirements of Rule X-1.2(b)(2) and (c) in all respects.