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Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 810 - Railroad Safety Standards › Rule 761-810.5 - Worker Transportation Motor Vehicle Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Heater requirement.
Pursuant to Iowa Code subsection
				327F.39(4),
				a motor vehicle used to transport railroad workers shall be equipped with a
				heating system that maintains a reasonable comfort level in the vehicle spaces
				where the workers are required to ride. The heating system shall comply with
				the safety standards established in
				49 CFR
				393.77, as adopted in rule
				761-520.1(321).
(2)
Report
				procedure.
a. A person shall report
				an alleged violation in writing to the responsible railroad company at its
				corporate headquarters.
b. If
				within 30 days the railroad company does not respond or if the response is
				unsatisfactory, the person may report the alleged violation to the department
				at the following address: Modal Transportation Bureau, Iowa Department of
				Transportation, 800 Lincoln Way, Ames, Iowa 50010.
c. The report shall include the date, time,
				weather conditions and all facts pertinent to the alleged violation. The report
				shall also include a copy of the railroad's response or, if the railroad failed
				to respond, proof of the date the report was submitted to the
				railroad.
d. The director of the
				modal transportation bureau or the director's designee may request additional
				information from the person submitting the report, the railroad worker
				transportation company or the railroad.
e. The director of the modal transportation
				bureau or the director's designee, which may include peace officers within
				motor vehicle enforcement, may investigate the alleged violation.
f. The director of the modal transportation
				bureau or the director's designee shall issue a decision within 20 days of
				receipt of the report or 20 days after receipt of the requested additional
				information. The decision may include any order as necessary to enforce the
				requirements of Iowa Code section
				327F.39,
				as set forth in Iowa Code section 327F.39(6).
g. The department shall notify the person and
				the railroad of the decision.
h.
				The decision is final agency action.
This rule is intended to implement Iowa Code section
				  327F.39.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 810 - Railroad Safety Standards › Rule 761-810.6 - Worker Transportation Rest Periods

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements.
A railroad worker transportation company and
				railroad worker transportation company driver shall comply with the rest period
				requirements of Iowa Code sections
				321.449A
				and
				327F.39(5).
(2)
Report procedure.
a. A person shall report an alleged violation
				in writing to the department at the following address: Modal Transportation
				Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa
				50010.
b. The report shall include
				the date, time, circumstances and any evidence of an alleged violation, and the
				name and contact information of the driver employed by the railroad worker
				transportation company or the railroad worker transportation company alleged to
				require a driver to violate the provisions of Iowa Code section
				321.449A
				or 327F.39(5).
c. The director of
				the modal transportation bureau or the director's designee may request
				additional information from the driver, railroad worker transportation company
				or railroad.
d. The director of the
				modal transportation bureau or the director's designee, which may include peace
				officers within motor vehicle enforcement, may investigate the alleged
				violation.
e. The director of the
				modal transportation bureau or the director's designee shall issue a decision
				within 60 days of receipt of the report or 60 days after receipt of the
				requested additional information. The decision may include any order as
				necessary to enforce the requirements of Iowa Code section
				327F.39,
				as set forth in Iowa Code section
				327F.39(6).
f. The department shall notify the driver and
				the railroad worker transportation company of the decision.
g. The decision is final agency action.
This rule is intended to implement Iowa Code sections
				  321.449A
				  and
				  327F.39.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 811 - Highway-railroad Grade Crossing Warning Devices › Rule 761-811.1 - Standards

Current through Register Vol. 47, No. 3, July 24, 2024
All highway-railroad grade crossing warning devices installed
				  shall conform to Part 8, "Traffic Controls for Railroad and Light Rail Transit
				  Grade Crossings," of the "Manual on Uniform Traffic Control Devices" as adopted
				  in 761-Chapter 130.
This rule is intended to implement Iowa Code sections
				  307.26(7)
"b,"
321.252 and 327G.2.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 811 - Highway-railroad Grade Crossing Warning Devices › Rule 761-811.2 - Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information about this chapter may be obtained by contacting
				  the department at the following address: Modal Transportation Bureau, Iowa
				  Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				  (515)239-1108.
This rule is intended to implement Iowa Code section
				  307.26.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 812 - Classifications and Standards for Highway-railroad Grade Crossings › Rule 761-812.1 - Purpose and Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This
				chapter implements Iowa Code section
				307.26(7)
"b."
This statute requires the department to classify
				highway-railroad grade crossings based upon their characteristics, conditions
				and hazards and to adopt standards for warning devices for each
				classification.
(2) Information
				about this chapter may be obtained by contacting the department at the
				following address: Modal Transportation Bureau, Iowa Department of
				Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				(515)239-1108.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 812 - Classifications and Standards for Highway-railroad Grade Crossings › Rule 761-812.2 - Classification

Current through Register Vol. 47, No. 3, July 24, 2024
Crossings shall be classified using the Federal Railroad
				  Administration's predicted accident methodology.
(1) The following formula is used to
				calculate an initial accident prediction for a crossing:
a = K x EI x DT x MS x MT x HP x HL
where:
a = initial accident prediction, in accidents per year at the
				  crossing
K = formula constant
EI = factor for exposure index based on product of highway
				  and train traffic
DT = factor for number of through trains per day during
				  daylight
MS = factor for maximum timetable speed
MT = factor for number of main tracks
HP = factor for highway paved (yes or no)
HL = factor for number of highway lanes
(2) A final predicted accident rate is then
				calculated from the initial prediction using the most recent five years of
				accident data for that crossing.
(3) On or before October 1 of each year, the
				department shall furnish to each highway authority and railroad in Iowa a list
				of its crossings ranked by final predicted accident rate.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 812 - Classifications and Standards for Highway-railroad Grade Crossings › Rule 761-812.3 - Warning Device Standards and Their Implementation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A crossing
				with a final predicted accident rate of .075 or above is a candidate for
				upgrading. The following are recommended minimum improvements, subject to the
				considerations set out in the remainder of this rule.
Number Tracks
Current Installation
Proposed Upgrade To
1
Crossbucks
Flashers
1
Flashers
Gate Arms
2 or more
Crossbucks
Gate Arms
2 or more
Flashers
Gate Arms
2 or more
Gate Arms
4 Quadrant Gate Arms or Raised Medians
(2)
				The highway authority (governmental unit(s) having jurisdiction of the highway
				or street at the crossing) and the railroad shall jointly conduct a field
				review of a crossing they propose to upgrade.
a. Variations of warning devices or warning
				device circuitry including, but not limited to, prediction circuitry, motion
				sensor circuitry and cantilever assemblies shall be determined by conditions at
				the crossing site.
b. Site
				conditions shall determine whether safety improvements to correct these
				conditions should be made in lieu of the upgrades listed in subrule 812.3(1).
				Safety improvements are generally recommended if they would be less expensive
				than the upgrades and would result in a final predicted accident rate lower
				than .075. Safety improvements to consider include, but are not limited to,
				luminaires, pavement markings, sight distance improvement, signing
				modifications, rail signal/traffic signal interconnections, surveillance
				systems and crossing surface extensions.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 812 - Classifications and Standards for Highway-railroad Grade Crossings › Rule 761-812.4 - Effect of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
				accordance with Iowa Code section
				307.26(7)
"b,"
the department of transportation is not liable for the
				development or adoption of the classifications or standards. A government
				agency, department or political subdivision is not liable for failure to
				implement the standards.
(2)
				Nothing in this chapter shall preclude a highway authority and railroad from
				upgrading the warning devices at any crossing under their
				jurisdiction.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements Iowa Code section
				  327F.13.
				  This statute requires the Iowa department of transportation (department) to
				  implement the placement of close-clearance warning signs along railroad tracks
				  where the close clearance between the tracks and an obstruction physically
				  impedes a person who is lawfully riding the side of a train from clearing the
				  obstruction. This chapter only applies when funds are available from the
				  department to reimburse the owner for the cost of the close-clearance warning
				  sign and installation.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to railroad companies as well as
				  industries, agricultural cooperatives or other entities that are owners of a
				  railroad track, and it applies to individuals who are owners of a railroad
				  track. This chapter does not apply to any railroad locations where locomotives
				  are powered by overhead or suspended electric power.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.3 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information regarding this chapter is available from the
				  Office of Rail Transportation, Iowa Department of Transportation, 800 Lincoln
				  Way, Ames, Iowa 50010; telephone (515)239-1140.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Close clearance "
means a permanent or
				  temporary situation where an obstruction near a railroad track physically
				  impedes a person who is lawfully riding the side of a train from clearing the
				  obstruction. Rule
				  761-813.5
				  (327F) provides further detail on the dimensions that identify a
				  close-clearance situation.
"Obstruction"
means a building, machinery
				  (other than equipment designed for operation on a railroad track when actually
				  located on a railroad track), tree, brush or other object.
"Owner "
means the railroad company,
				  industry, agricultural cooperative, other entity, or individual that holds a
				  fee simple title, easement, leasehold, contract to purchase, license, or other
				  legal or equitable interest or right in the railroad track, and is in primary
				  possession and control of the railroad track.
"Tangent track"
means a track segment
				  without any curves.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.5 - Close-clearance Dimensions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Close
				clearance for tangent track is a location along the railroad track where there
				is an obstruction that falls within the following dimensions: starting at the
				centerline of track at top of rail and extending 5 feet both sides horizontally
				and level therewith, thence upward vertically 15 inches, thence upward
				diagonally to a point 4 feet above top of rail and 8 feet laterally from
				centerline of track, thence vertically to a point 20 feet above top of rail,
				thence diagonally to a point 6 feet from centerline of track and 22 feet above
				top of rail, thence horizontally to centerline of track. Vertical clearance
				shall be 18 feet above top of rail at the entrance to and inside buildings. On
				curved track, clearances on each side of the track centerline shall be
				increased 11/2 inches per degree of curvature. (See Figure 1.)
Click here to
				  view Image
(2)
				Reserved.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.6 - Signing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				close-clearance warning sign or signs are required at all locations where there
				is close clearance. It is the responsibility of the owner to ensure that all
				close-clearance locations have warning signs.
(2) If an obstruction creating a
				close-clearance situation is a temporary or nonpermanent obstruction, in lieu
				of signing the owner may meet the requirements of this rule by opting to remove
				the obstruction or remove the track from service until the obstruction is
				removed.
(3) A close-clearance
				warning sign shall be placed in a location that provides adequate notice to a
				person who is lawfully riding the side of a train so that the person may
				prepare for the close clearance.
(4) A close-clearance warning sign shall
				comply with the following requirements. A warning sign shall:
a. Include the words "no clearance." The
				letters must be black on a white reflective background and be a minimum of 3
				inches high.
b. Be a vertical sign
				not less than 42 inches in height and 4 inches in width.
c. Be placed at least 1 foot off the ground
				or on the obstruction and within 3 feet of the close-clearance location or on
				the obstruction. Signs shall be located on both sides of the obstruction so as
				to be visible from both directions.
d. Not be within 8 feet of the centerline of
				the tracks.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.9 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the owner is
				provided written notice by an employee, a person working on or near the tracks,
				or a railroad inspector that a location is in need of a close-clearance warning
				sign, the owner shall investigate and, if warranted, ensure the placement of a
				warning sign or signs within 30 calendar days of notification. If a
				close-clearance warning sign is not warranted, the owner shall inform the
				person who provided notice, in writing within 30 calendar days, that a sign is
				not warranted and shall explain why the location does not need a
				close-clearance warning sign.
(2)
				If the owner fails to respond to a written notice by an employee or another
				person working on or near the tracks, or if the employee or other person
				disagrees with the owner's determination that a warning sign is not warranted,
				the employee or other person may notify the department. The department shall
				investigate and make a determination if the location warrants the placement of
				a close-clearance warning sign.
a. If the
				department determines a close-clearance warning sign is warranted, the
				department shall notify the owner in writing. The owner shall have 14 calendar
				days from the date of the notification to install the proper warning sign.
				Failure to install the close-clearance warning sign is evidence that the owner
				is in violation of Iowa Code section
				327F.13.
b. The owner, an employee or a person working
				on or near the tracks may contest the determination. If the determination is
				contested, 761-Chapter 13 applies.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 813 - Close-clearance Warning Signs Along Railroad Tracks › Rule 761-813.10 - Reimbursement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The owner may
				request reimbursement from the department for up to $100 per sign for the cost
				and installation of the close clearance or no clearance ahead warning
				sign.
(2) To be reimbursed, the
				owner shall complete Form 291303, "Close-Clearance Warning Sign Certification,"
				and submit the form to the office of rail transportation. The owner must
				certify that the warning sign complies with the requirements in rule
				761-813.6
				(327F) and provide proof of purchase.
(3) The department may inspect, at any time,
				the sign installation to confirm that the warning sign meets the minimum
				requirements in rule
				761-813.6
				(327F).
(4) Form 291303 is
				available on the department's website at
www.iowadot.gov
or from the office of rail
				transportation.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 820 - Highway Grade Crossing Safety Fund › Rule 761-820.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following terms when used in this chapter of rules shall
				  have the following meanings:
"AAR signal unit"
means the relative
				  maintenance difficulty value assigned to component parts of an active warning
				  device. Units and interpretations are designated by the 2021 Revision of the
				  American Railway Engineering and Maintenance-of-Way Association (AREMA)
				  Communications and Signals Manual, Volume 1, Section 1 (1.3.2) [Recommend Table
				  of Signal and Interlocking Units and Interpretations].
"Active warning devices"
means traffic
				  control devices activated by the approach or presence of a train, such as
				  flashing light signals, flashing light signals with cantilever assemblies, and
				  flashing light signals with automatic gate arms, all of which actively warn
				  motorists of a train.
"Maintenance costs of active warning
				  devices"
means costs incurred by a railroad associated with the repair
				  or replacement of obsolete, worn out, damaged, or missing component parts of an
				  approved active warning device. Maintenance costs shall include repair or
				  replacement of damaged, vandalized, or stolen component parts only for that
				  amount which exceeds the amount recovered from the liable party or the liable
				  party's insurer.
"Safety fund"
means the highway grade
				  crossing safety fund established in Iowa Code section
				  327G.19 and
				  administered by the department.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 820 - Highway Grade Crossing Safety Fund › Rule 761-820.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to set out the requirements
				  for use of the highway grade crossing safety fund to reimburse railroads for a
				  portion of the maintenance costs associated with active warning
				  devices.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 820 - Highway Grade Crossing Safety Fund › Rule 761-820.3 - Information and Submissions

Current through Register Vol. 47, No. 3, July 24, 2024
Information about this chapter may be obtained by contacting
				  the department at the following address: Modal Transportation Bureau, Iowa
				  Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				  (515)239-1108. Submissions to the department under this chapter may be sent or
				  delivered to this address or may be electronically filed with the program
				  manager.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 820 - Highway Grade Crossing Safety Fund › Rule 761-820.4 - Participation in the Maintenance Costs of Eligible Warning Devices

Current through Register Vol. 47, No. 3, July 24, 2024
The highway grade crossing safety fund shall be used to
				  participate in the annual maintenance costs of active warning devices ordered
				  or agreed to be installed on or after July 1, 1973, as stated in the individual
				  order or agreement.
(1) Orders or
				agreements that provide for revision of the maximum amount that can be expended
				from the highway grade crossing safety fund by reason of amendment to Iowa Code
				section
				327G.15
				are binding. These orders and agreements were amended to read: The fund's
				participation for calendar years preceding 1977 shall be equal to that of the
				railroad but limited to a maximum of $450 for any one year, for any one
				crossing; and for calendar year 1977 and subsequent years, the fund may
				participate in an amount of up to 75 percent of annual maintenance costs of
				active warning devices, based upon a cost for each eligible AAR signal
				unit.
(2) Orders or agreements
				issued on or after March 8, 1978, shall provide that the highway grade crossing
				safety fund may be used to participate in an amount of up to 75 percent of the
				annual maintenance costs of active warning devices, based upon a cost for each
				eligible AAR signal unit.
(3)
				Participation in annual maintenance costs is on a reimbursement
				basis.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 820 - Highway Grade Crossing Safety Fund › Rule 761-820.5 - Reimbursement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Calculations.
Reimbursement to a railroad for its active
				warning devices that are eligible for reimbursement under rule
				761-820.4
				(327G) shall equal the number of AAR signal units for that railroad's eligible
				active warning devices times the average annual maintenance cost per AAR signal
				unit times the percentage of participation.
a.
				Each railroad shall tabulate the number of AAR signal units for each eligible
				warning device and furnish this tabulation to the department. The department
				shall review the railroads' tabulations for conformance with AAR
				guidelines.
b. Each year, the
				department shall compute an average annual maintenance cost per AAR signal
				unit. This unit cost shall be used by all railroads for billing
				purposes.
c. The percentage of
				participation shall not exceed 75 percent.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 821 - Highway-railroad Grade Crossing Surface Repair Fund › Rule 761-821.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following terms when used in this chapter shall have the
				  following meanings:
"Grade crossing surface repair"
means the
				  partial or complete renovation of a highway-railroad grade crossing and the
				  highway approaches to the crossing.
"Jurisdiction "
means the authority having
				  primary control over a highway, street, or alley.
"Repair fund"
means the grade crossing
				  surface repair fund established in Iowa Code section
				  327G.29
				  and administered by the department.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 821 - Highway-railroad Grade Crossing Surface Repair Fund › Rule 761-821.2 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The repair
				fund shall be used for grade crossing surface repair.
(2) Program information, applications and
				application instructions are available on the department's website at
www.iowadot.gov
. The program is
				administered by the Modal Transportation Bureau, Iowa Department of
				Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				(515)239-1108.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 821 - Highway-railroad Grade Crossing Surface Repair Fund › Rule 761-821.3 - Procedures for the Use of Grade Crossing Surface Repair Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Use
				of funds.
A portion of the repair fund, not to exceed 50 percent in
				any fiscal year, shall be set aside to meet critical or atypical needs. In
				identifying priorities for the set-aside funds, criteria including, but not
				limited to, the following shall be considered:
a. Condition of the crossing.
b. Safety concerns.
c. Utilization of the rail line.
d. Train and motor vehicle traffic density at
				the site. Special consideration may be given to heavy truck traffic.
e. Recent or planned development or
				construction in the vicinity of the crossing.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.1 - Introduction and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The railroad revolving loan and grant fund program provides
				  funding in the form of loans and grants for railroad-related improvement
				  projects. The purpose of the program is to spur economic development and job
				  growth and provide benefits to Iowa through economic benefits derived from
				  railroad transportation system or service improvements. The railroad revolving
				  loan and grant fund is established in Iowa Code section
				  327H.20A
				  and is under the control of the department.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Rail facilities"
includes railroad main
				  lines, branch lines, switching yards, sidings, rail connections, transload
				  yards, intermodal yards, highway grade separations, railroad bridges, railroad
				  scales and other railroad infrastructure.
"Rail port"
means a commercial or industrial
				  development that has the potential to provide rail service to multiple users
				  through shared rail infrastructure, including transload or intermodal
				  yards.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.3 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
Program information and application forms are available on
				  the department's website at
www.iowadot.gov
. Completed applications
				  shall be submitted as directed in the application materials. Assistance may be
				  obtained at the following address: Office of Rail Transportation, Iowa
				  Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				  (515)239-1066.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.5 - Funding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				transportation commission is responsible for determining the projects to be
				funded and the amount of funding for each project.
(2) The minimum amount of matching funds
				required of an applicant is 20 percent of the project cost.
(3) Rescinded IAB 7/1/09, effective
				7/1/09.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.7 - Applicant Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
A railroad company, railroad user, city, county, metropolitan
				  planning organization, regional planning affiliation, or any other entity with
				  an interest in a rail transportation improvement is eligible to apply for
				  funding. The applicant shall be fiscally responsible for any awarded loans or
				  grants. Joint applications are allowed and encouraged, but joint applications
				  shall designate one entity that shall be fiscally responsible for any awarded
				  loans or grants.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.8 - Eligible and Ineligible Project Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible costs.
Activities or items eligible for funding include, but are not limited to, the
				following:
a. Modernization, upgrading or
				reconstruction of existing rail facilities or rail ports.
b. Construction of new rail facilities or
				rail ports.
c. Railroad bridge and
				culvert modernization, replacement or removal.
d. Right-of-way acquisition costs.
e. Feasibility studies or planning studies
				for proposed projects that are otherwise eligible.
f. Loan development costs that a Class II or
				III railroad may have in obtaining a loan for a project that would have
				otherwise qualified under this chapter.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.10 - Project Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submission.
Applications may be submitted at any time and will
				be held until the next evaluation cycle.
a. A
				notice of funding availability will be published on the department's website
				when funding is available. The notice will include the approximate amount of
				funding available and a deadline for consideration of applications.
b. An applicant shall submit the appropriate
				application on the prescribed forms either electronically to the email address
				included in the application or to the address in rule
				761-822.3
				(327H).
c. If an application is
				incomplete, department staff shall return the application to the applicant to
				be resubmitted when it is complete.
d. An application may be withdrawn at any
				time after submission.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.11 - Project Evaluation and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Staff review.
Department
				staff shall review the contents of each application and request any additional
				information necessary to understand the scope and benefits of a project.
				Projects involving job creation which do not meet 100 percent of the annual
				laborshed wage rate for their area will not be considered. Department staff may
				visit the project site and may require the applicant to verify the information
				in the application. After department staff determines that the application is
				complete, the staff shall develop a funding recommendation and shall schedule
				the project for submission to the transportation commission for
				approval.
(2)
Commission
				evaluation.
The transportation commission shall be responsible for
				selecting and determining the funding for each project, subject to the
				availability of railroad revolving loan and grant funds. The transportation
				commission may fund all or part of a project and may make funding dependent
				upon the applicant's adherence to a time schedule or fulfillment of specified
				conditions, including job creation commitments.
(3)
Commission approval.
In
				making its decision to fund a project, the transportation commission may
				consider the railroad transportation service benefits of the project, the
				economic development benefits of the project, the applicant's total capital
				investment, the number of direct and indirect jobs to be created or retained by
				the project, the financing requested, an analysis of public benefits versus
				public costs, and other potential impacts or benefits of the project.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.12 - Award Acceptance

Current through Register Vol. 47, No. 3, July 24, 2024
After the transportation commission approves the project,
				  department staff shall notify the applicant of the amount of the award. The
				  applicant shall either accept or reject the award in writing within 45
				  days.
Iowa Administrative Code › Agency 761 - Transportation Department › Railroads › Chapter 822 - Railroad Revolving Loan and Grant Fund Program › Rule 761-822.13 - Project Agreement and Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Agreement.
After the
				applicant has accepted the award for a project, department staff shall
				negotiate and execute an agreement with the applicant. Department staff shall
				administer the agreement.
a. The agreement
				shall specify the scope of the project, the approved funding level, and other
				conditions for project funding.
b.
				As applicable, the agreement shall address responsibilities for consultant
				selection, project design, right-of-way acquisition, contracting, construction
				and materials inspection; documentation required for reimbursement of project
				costs; loan repayment terms; audit requirements; and maintenance of the
				completed project.
c. The applicant
				shall execute the agreement within 180 days following the acceptance of the
				award. The applicant may request an extension, and department staff may approve
				an extension for good cause. Failure to execute an agreement within the
				specified time may result in forfeiture of the award.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions shall
				  apply in addition to the definitions in Iowa Code section
				  324A.1:
"Council"
means the statewide transportation
				  coordination advisory council formed in rule 910.3(324A).
"Department"
means the state department of
				  transportation. The department's modal transportation bureau administers Iowa
				  Code chapter 324A.
"Emergency transportation"
means
				  transportation provided when life, health or safety is in danger, such as
				  ambulance or law enforcement transportation.
"Incidental transportation"
means the
				  provision of transit rides when existing public transportation services cannot
				  meet demand. Allowable charter service and meal deliveries are examples of
				  incidental transportation.
"Provider"
means any recipient of direct or
				  indirect, state, federal or local funds, including a public transit system,
				  that provides or contracts for public transit services.
"Public school transportation"
means
				  passenger transportation provided by or for a legally organized Iowa public
				  school district for school district purposes.
"Public transit service"
means any publicly
				  funded passenger transportation for the general public or for specific client
				  groups not including exclusive public school transportation, emergency
				  transportation or incidental transportation or transportation provided by the
				  department of health and human services or department of corrections on the
				  grounds of the following institutions:
State training school, Eldora;
Cherokee mental health institute;
Independence mental health institute;
Glenwood state hospital-school;
Woodward state hospital-school;
Iowa veterans home, Marshalltown;
Iowa state penitentiary, Fort Madison;
Anamosa state penitentiary, Anamosa;
Iowa correctional institution for women,
				  Mitchellville;
Mount Pleasant correctional facility, Mount Pleasant;
Newton correctional facility, Newton;
Iowa medical and classification center, Coralville;
North central correctional facility, Rockwell City;
Fort Dodge correctional facility, Fort Dodge;
Clarinda correctional facility, Clarinda.
This rule is intended to implement Iowa Code section
				  324A.1.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.2 - Information and Location

Current through Register Vol. 47, No. 3, July 24, 2024
Forms or information about the coordination of public transit
				  services are available from the Modal Transportation Bureau, Iowa Department of
				  Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				  515.233.7870 or on the
				  department's website at
www.iowadot.gov
.
This rule is intended to implement Iowa Code section
				  17A.3.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.3 - Statewide Transportation Coordination Advisory Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
An advisory
				council shall be formed by the department to assist with implementation of the
				compliance reviews required by statute. The council shall assist in the review
				of information concerning the transportation operations of providers and advise
				the department as to whether the provider should be found to be in compliance
				with the transportation coordination mandate of Iowa Code chapter
				324A.
(2)
Advisory
				council.
a.
Membership.
Membership in the council shall at minimum include
				one representative from the department of health and human services and one
				from the department. Other state agencies as well as federal agencies and
				statewide private agencies funding local transportation services may also be
				granted membership.
b.
Chairperson.
The director of transportation or the director's
				representative shall serve as chairperson of the council.
c.
Staff.
Staff support for
				council activities shall be provided by the department.
d.
Meetings.
Meetings shall
				be held at least once each quarter and may be held more frequently if necessary
				to enable the council to expeditiously discharge its
				duties.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.4 - Certification Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement for certification.
All providers are required to
				request a certification of compliance with the transportation coordination
				mandate of Iowa Code chapter 324A by submitting the certification application
				form in the Appendix to this rule plus a copy of a certificate of insurance or
				documentation of self-insurance. 1Agencies that
				provide a mixture of public transit service and other service shall request
				certification based on that part of their overall operation which is public
				transit service.
(2)
Form
				distribution.
a.
Recipients
				of state or state-administered funds.
Each state agency in its own
				funding application or contract process shall require each recipient of funding
				to submit a request for certification of compliance.
b.
Recipients of other
				funds.
The department shall contact local governments and federal
				agencies to determine whether they are funding any providers that are not
				funded through the state. The department shall send to any providers identified
				in this way, or by other means, an explanation of the certification requirement
				and a copy of the certification request form in the Appendix.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.5 - Standards for Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
A provider shall be found compliant if the provider meets
				  both of the following standards:
(1)
				All vehicles used for the public transit services it provides or contracts for
				are insured for $1 million per accident for all hazards or the provider
				maintains a self-insurance fund adequate to provide equivalent
				protection.
(2) The provider:
a. Purchases all services from a designated
				public transit system, or
b.
				Operates all services open to the public under contract with and under control
				of a designated transit system, or
c. Purchases all services from a
				private-for-profit operator of public transit services, or
d. Operates its own services which:
(1) The designated public transit system is
				currently unable to provide, or
(2)
				When considered as a whole using fully allocated costs, prove to be more
				economical than the purchase of equivalent services from the designated public
				transit system.
e. Uses
				a combination of services in paragraphs
"a," "b," "c,"
and
"d."
This rule is intended to implement Iowa Code section
				  324A.4.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.6 - Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
A provider shall be found noncompliant if:
(1) The provider has not submitted required
				data upon expiration of either the original submittal deadline or the
				additional ten-day grace period after written notification of deficiencies in
				an original submittal.
(2) The
				provider's request for certification has been processed and the provider did
				not qualify for a finding of compliance.
This rule is intended to implement Iowa Code section
				  324A.4.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.7 - Noncompliant Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
A provider that is denied certification and continues the
				  noncompliant activities for more than 30 days shall be subject to the penalties
				  and sanctions specified in Iowa Code subsection
				  324A.5(3).
(1) If the department of health and human
				services purchases services from the noncompliant provider, the modal
				transportation bureau shall notify the department of health and human services
				of the noncompliant finding.
(2) If
				the noncompliant provider is a recipient of public funds from other than the
				department of health and human services, the department shall notify the proper
				authority as required in Iowa Code section
				324A.5.
This rule is intended to implement Iowa Code sections
				  324A.4 and
				  324A.5.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 910 - Coordination of Public Transit Services › Rule 761-910.8 - Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If
				certification is revoked, the department shall send a written notice of
				revocation to the provider.
(2) The
				affected public transit system, the provider and the department shall meet
				within 10 days after the date of the revocation notice to determine an
				acceptable amendment of the transportation services. The amendments which are
				agreed upon shall become effective within 60 days. The contract between the
				provider and the affected public transit system shall be amended, if necessary,
				to agree with the service changes.
(3) If the transportation services are not
				amended in a timely manner, the department shall initiate actions as required
				in Iowa Code section
				324A.5(2).
This rule is intended to implement Iowa Code section
				  324A.5.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 911 - School Transportation Services Provided by Regional Transit Systems › Rule 761-911.1 - Purpose and Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
This chapter establishes standards for school
				transportation services provided by Iowa's regional transit systems under
				contract with local schools.
(2)
Information.
Information and forms may be obtained from the
				Modal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln
				Way, Ames, Iowa 50010; telephone
				515.233.7870; or the
				department's website at
www.iowadot.gov
.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 911 - School Transportation Services Provided by Regional Transit Systems › Rule 761-911.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions
				  apply:
"Automobile"
means the same as defined in
				  Iowa Code section
				  321.1(42)
"d."
"Bus"
means a motor vehicle, excluding a
				  trailer, designed to carry ten or more persons.
"Contract"
means a written agreement between
				  a public or nonpublic school or other group and a regional transit system which
				  defines the terms and conditions under which school transportation service is
				  to be provided. It shall not include the relationship between a regional
				  transit system and an individual fare-paying passenger in either fixed route or
				  demand response service.
"Multipurpose vehicle"
means the same as
				  defined in Iowa Code section
				  321.1.
"Public transit system"
means the same as
				  defined in Iowa Code section
				  324A.1.
"Regional transit system"
means the same as
				  defined in Iowa Code section
				  324A.1.
"School bus"
means a bus that complies with
				  all federal motor vehicle safety standards applicable to a school bus.
"School transportation service"
means
				  transit service provided under contract to a public or nonpublic school or
				  other group, including day care centers, to transport students to or from
				  schools or school-sponsored activities.
"Student"
means a person attending a public
				  or nonpublic school, grades prekindergarten through high school, including a
				  Head Start participant.
"Vehicle"
means an automobile, multipurpose
				  vehicle, bus or school bus as defined in this rule.
Iowa Administrative Code › Agency 761 - Transportation Department › Public Transit › Chapter 911 - School Transportation Services Provided by Regional Transit Systems › Rule 761-911.3 - Services to Students as Part of the General Public

Current through Register Vol. 47, No. 3, July 24, 2024
All services provided by regional transit systems must be
				  open to the public. This chapter shall not be construed to restrict the use of
				  these services by any individual fare-paying passenger, in either fixed route
				  or demand response service.