New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Active traffic
				control device" means those traffic control devices activated by the approach
				or presence of a train, such as flashing light signals, automatic gates and
				similar devices, all of which display to motorists positive warning of the
				approach or presence of a train.
B.
				"Agreement" means a contract between the department as the owner of the
				railroad and the party or parties who own, use, or have responsibility for a
				road that cross the rail line that describes responsibility for the grade
				crossing construction, repair, maintenance, inspection, and liability for the
				crossing and other items as may be appropriate at the grade crossing and
				adjacent traffic control signs. An agreement shall be negotiated between the
				department and the party or parties when approval for the construction or
				modification to the crossing has been given by the department secretary. A
				template agreement will be made available to any party requesting such
				document, but the final terms of the agreement will be subject to negotiation
				by the parties thereto.
C."Applicant" means an individual or company
				or local government or any other entity that submits a request in writing to
				the department rail manager for a new crossing, modification to an existing
				crossing, a change in designation from a private crossing to a public crossing,
				the closing of a crossing or the grade separation of a crossing, and who or
				which must be an adjacent property owner, the property owner's authorized
				representative or a governmental agency that maintains the road approaches to a
				crossing.
D. "Crossing" means a
				general area where a highway and the department's railroad right-of-way cross
				at the same level, within which are included the railroad tracks, highway or
				other roadway either publicly or privately owned or pedestrian crossing and any
				traffic control devices for highway traffic traversing that area. The crossing
				shall include the area of department owned railroad property from the property
				boundary on one side of the track to the property boundary on the other
				side.
E. "Department" means the New
				Mexico department of transportation.
F. "Diagnostic study" means a study of a
				highway railroad grade crossing and any adjacent factors that will have an
				impact upon the operation at the grade crossing. This study shall be initiated
				by the department rail manager and shall be conducted by a diagnostic team
				constituted by the rail manager. Any reports submitted shall be stamped and
				signed by a registered engineer licensed in the state of New Mexico. A
				diagnostic study of a crossing shall be based on criteria and standards
				identified in the reference documents in subsection B of 18.14.4.8
				NMAC.
G. "Diagnostic team" means a
				group of knowledgeable representatives of the parties of interest in a railroad
				highway crossing or a group of crossings. A diagnostic team composition will be
				determined by the department rail manager and shall have the following members:
(1) a railroad engineering professional
				(preferably an experienced professional engineer);
(2) a railroad signal professional (or
				consultant);
(3) a highway engineer
				from the department as designated by the district engineer for the department
				district where the highway-railroad grade crossing is located;
(4) a person from an appropriate local
				government who deals with roadways at the crossing if a local government does
				maintenance of the road that crosses the department owned tracks;
(5) the rail manager or their designated
				staff member;
(6) an appropriate
				regulatory or law enforcement professional from the local government where the
				crossing is located;
(7) an
				individual or individuals from any railroad or railroads that operate trains on
				the department owned track that is being examined;
(8) any additional personnel that may be
				needed depending on the individual circumstances at a crossing location as
				determined by the department rail manager.