Florida Administrative Code › 14 - DEPARTMENT OF TRANSPORTATION › 14 - Departmental › Chapter 14-57 - RAILROAD SAFETY AND CLEARANCE STANDARDS, AND PUBLIC RAILROAD-HIGHWAY GRADE CROSSINGS › Part II - PUBLIC RAILROAD-HIGHWAY GRADE CROSSINGS › Section 14-57.012 - Public Railroad-Highway Grade Crossings - Opening and Closure

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. To establish standards for the
				  opening and closing of public railroad-highway grade crossings. The objectives
				  of these uniform standards will be to reduce the accident/incident frequency
				  and severity at public railroad-highway grade crossings, and improve rail and
				  motor vehicle operating efficiency.
(2) Opening and Closing Public
				  Railroad-Highway Grade Crossings. The Department will accept applications for
				  the opening and closing of public railroad-highway grade crossings from the
				  governmental entity that has jurisdiction over the public street or highway;
				  any railroad operating trains through the crossing; or any other applicant that
				  has an agreement with a governmental entity to assume jurisdiction as a public
				  crossing. Closure applications will also be accepted from individual citizens
				  or groups, such as neighborhood associations. Opening and closure of public
				  railroad-highway grade crossings shall be based upon Notices of Intent issued
				  by the Department, Final Orders of the Department following administrative
				  hearings conducted pursuant to Chapter 120, F.S., or upon a Stipulation of
				  Parties. The burden of proof for the opening or closing of a crossing is on the
				  applicant. A Final Order or a Stipulation of Parties concludes the application
				  process. If the preliminary review of the application does not support the
				  crossing opening or closure, or the application does not demonstrate a material
				  change of circumstances has occurred at the crossing since the execution of a
				  Final Order or a Stipulation of Parties, the applicant will be advised of these
				  findings. The applicant may choose to withdraw the application or continue the
				  process. If withdrawn, the process is concluded. An applicant may suspend an
				  application at any time. If the applicant chooses to pursue the opening or
				  closure of the public railroad-highway crossing, the railroad and governmental
				  entity having jurisdiction at the location will be notified and provided a copy
				  of the application. The governmental entity should provide a public forum for
				  community involvement and contact affected individuals or groups to obtain
				  input on impacts to the community. The expense of crossing closures or
				  openings, which shall include installation, maintenance, and replacement of
				  grade crossing traffic control devices and grade crossing surfaces, will be the
				  responsibility of the applicant, unless otherwise negotiated and accepted by
				  all parties. Unless otherwise provided in the Stipulation of Parties or Final
				  Order, if a permitted public railroad-highway grade crossing has not been
				  installed, inspected, approved, and opened for transportation within five (5)
				  years of the date of execution of the Stipulation of Parties or issuance of the
				  Final Order, the permit will be deemed expired. The expiration of the permit to
				  open a new public crossing does not restrict the applicant from submitting
				  future applications for the subject public railroad-highway grade crossing or
				  other public railroad-highway grade crossing openings or closures.
(a) Opening of Public Railroad-Highway Grade
				  Crossings. In considering an application to open a public railroad-highway
				  grade crossing, the following criteria will apply:
1. Safety.
2. Necessity for rail and vehicle
				  traffic.
3. Alternate
				  routes.
4. Effect on rail
				  operations and expenses.
5. Closure
				  of one or more public railroad-highway grade crossings to offset opening a new
				  crossing.
6. Design of the grade
				  crossing and road approaches.
7.
				  Presence of multiple tracks and their effect upon railroad and highway
				  operations.
8. When the estimated
				  highway traffic is 30,000 vehicles or more a day across main line tracks, an
				  engineering and benefit-cost analysis must be performed by the applicant to
				  determine if a grade separation is warranted.