No. 28489 (Repeal and Reenact): R930-5. Establishment and Regulation of At-Grade Railroad Crossings

DAR File No.: 28489
Filed: 02/01/2006, 06:17
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

On the advice of counsel, it was recommended that the rule be repealed and reenacted to allow for a more thorough and detailed set of procedures and instructions.

 

Summary of the rule or change:

This rule establishes a design surveillance team, lists the Department's intent in overseeing railroad and highway crossings, and includes certain detailed instructions on spacing. This repeal and reenactment contains new provisions regarding the design surveillance team, listing their individual duties. It also gives detailed instructions on certain spacing requirements which the repealed rule does not do.

 

State statutory or constitutional authorization for this rule:

Sections 10-8-34, 10-8-82, 41-6-19, 54-4-15, 72-1-102, and 72-2-112

 

This rule or change incorporates by reference the following material:

23 CFR 646 (2005); 23 CFR 924 (2005); A Policy on Geometric Design of Highway and Streets (2004 American Association of State Highway Transportation Officials); Preemption of Traffic Signals Near Railroad Crossings (2004 Institute of Traffic Engineers); and Guidance for Traffic Control Devices at Highway/Railroad Grade Crossings (2000 Federal Highway Administration)

 

Anticipated cost or savings to:

the state budget:

This rule does not materially change the department's activities; therefore, there should be no change in costs.

 

local governments:

The rule will not require the expenditure of any funds by local government. However, if local governments wish to be involved in the highway crossing deliberations, they will incur a cost, the amount of which is unknown.

 

other persons:

The industry should not suffer an increase in cost as the requirements of the rule reflect industry standards currently in general.

 

Compliance costs for affected persons:

There are no additional costs for complying with this rule, such as licensing or registration. The industry should not incur additional costs because the standards are similar to what they currently use.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impact of this rule will be minimal and is outweighed by the improvement in public safety. John R. Njord, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

 

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2006

 

This rule may become effective on:

03/18/2006

 

Authorized by:

John R. Njord, Executive Director

 

 

RULE TEXT

R930. Transportation, Preconstruction.

R930-5. Establishment and Regulation of At-Grade Railroad Crossings.

R930-5-1. Policy.

[(1) The policy of the Utah Department of Transportation shall be to review for safety all existing public at-grade highway/railway crossings in the state of Utah in accordance with the Manual on Uniform Traffic Control Devices, evaluate the location of new crossings, prescribe the types of at-grade crossing railroad warning devices, and determine maintenance and funding apportionments for all highway/railway projects.

(2) Highway/railway projects utilizing federal railroad safety funds shall be done in accordance with 23 Code of Federal Regulation Part 646 Subpart B and Utah Code Ann. Section 72-1-102.

 

R930-5-2. Authority.

The provisions of this rule are authorized by the following grants of rulemaking authority: Sections 54-4-15, 10-8-34, 10-8-82, 72-1-102, 72-2-112; 23 CFR 924 and 23 CFR 646 (1995).

 

R930-5-3. Purpose.

The Utah Department of Transportation shall oversee all at-grade public highway/railway crossings in the state of Utah and provide for the safe, efficient operation of vehicles and pedestrians through the highway/railway intersections. UDOT shall also promote elimination of at-grade highway/railway crossings, eliminate hazards to improve at-grade crossings, and recommend the construction of grade separation structures to replace at-grade crossings.

This rule shall describe procedures for the selection of highway/railway crossings for improvement, the selection of passive and active railroad warning devices, design, maintenance operations and the funding sources for the improvement of crossings.

 

R930-5-4. Incorporation by Reference.

The following federal law, federal agency manuals and association standards, railway manuals and technical requirements are adopted and incorporated by reference:

(1) 23 CFR Chapter G "Engineering and Traffic Operations" Part 646 "Railroads" Subpart B,(April 1, 1995).

(2) 23 CFR Chapter 1, Subchapter J "Highway Safety" Part 924 "Highway Safety Improvement Program",(April 1, 1995).

(3) AASHTO's Policy on Geometric Design of Highway and Streets", 1994 Edition. For incorporated material see R930-6.

(4) Manual on Uniform Traffic Control Devices, Federal Administration, 1988 edition.(For Incorporated Material See R927-1)

(5) UDOT Standard Plans

 

R930-5-5. Definitions.

(1) "Active warning devices" means those types of traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manually operated devices and crossing watchmen, all of which display to motorists positive warning of the approach or presence of a train;

(2) "At-Grade Crossing" means the crossing of a highway and railway at the same elevation;

(3) "CFR" means Code of Federal Regulations;

(4) "Clear roadside" means UDOT's practice to provide a roadside clear zone for safe use by errant vehicles through design, construction, and maintenance activities, implementing the clear zone as defined in AASHTO's Roadway Design Guide;

(5) "Company" shall mean any railroad or utility company including any wholly owned or controlled subsidiary thereof;

(6) "Construction" shall mean the actual physical construction to improve or eliminate a highway/railway grade crossing or accomplish other involved work;

(7) "Diagnostic team/surveillance team" means an appointed group of knowledgeable representatives of the parties of interest in a highway/railway crossing or group of crossings;

(8) "FHWA" means Federal Highway Administration;

(9) "G Funds" means those Federal-Aid highway funds which, pursuant to 23 U.S.C. 120d, may be used for projects for the elimination of hazards of highway/railway crossings not to exceed ten percent of the Federal-aid funds apportioned in accordance with 23 U.S.C. 104;

(10) "Local Agency" means a public agency or corporation authorized to do public enterprise;

(11) "Main line railroad track" means a track of a principal line of a railroad, including extensions through yards, upon which trains are operated by timetable or train order or both, or the use of which is governed by block signals or by centralized traffic control;

(12) "MUTCD" means the Federal Highway Administration's Manual of Uniform Traffic Control Devices;

(13) "Passive warning devices" means those types of traffic control device, including signs, markings and other devices located at or in advance of grade crossings to indicate the presence of a crossing but which do not change aspect upon the approach or presence of a train;

(14) "Preliminary engineering" shall mean the work necessary to produce construction plans, specifications, and estimates to the degree of completeness required for undertaking construction, including locating, surveying, designing, and related work;

(15) "PSC" means the Public Service Commission;

(16) "Roadway" means the portion of the highway, including shoulders, for vehicular use;

(17) "Railroad" shall mean all rail carriers, publicly-owned, private, and common carriers, including line haul freight and passenger railroads, switching and terminal railroads and passenger carrying railroads such as rapid transit, commuter and street railroads;

(18) "UDOT" means the Utah Department of Transportation;

(19) "Utility facility" shall mean pipe line installations or systems for transmitting or distributing communications, power, electricity, light, heat, gas, oil, petroleum products, cable television, water, sewer, steam, waste, storm water not connected with highway drainage, and other similar commodities.

 

R930-5-6. Types of Projects.

Projects for the elimination of hazards for both vehicles and pedestrians at highway/railway crossings may include, but not be limited to the following types of projects:

(1) Elimination of at-grade highway/railway crossings or combining of crossings;

(2) Elimination of an at-grade highway/railway crossings by the relocation of a highway;

(3) Elimination of an at-grade crossing by the construction of a new grade separation where full access control is required regardless of the volume of train or highway vehicles;

(4) Existing at-grade highway/railway crossing improvements;

(5) Reconstruction of an existing highway/railway grade separation structure;

(6) Other highway/railway projects which use railroad properties or involve adjustments to railroad facilities required by highway construction, but do not involve the elimination of hazards of railway/highway crossings;

(7) Construction of new highway crossings of a railroad track where a new street or highway is proposed that is not essentially a relocation of an existing street;

(8) Construction of a new railroad crossing of an existing highway.

 

R930-5-7. Planning of Improvements for Highway/Railway Crossings.

(1) UDOT shall have a program for the identification of highway/railway crossings for improvement.

(2) Improvements at the selected highway/railway intersection crossings shall be determined by a Diagnostic/Surveillance Review Team. The team shall also review railroad crossings requested by local agencies they consider to be unsafe. They shall also review railroad crossing intersections where accidents have recently occurred. The UDOT Division of Traffic and Safety's Engineering Coordinator Railroad Inspector shall make arrangements for Diagnostic/Surveillance Reviews of selected crossings.

(a) The Diagnostic/Surveillance Team shall be composed of the following team members:

(i) Engineering Coordinator Railroad Inspector from the Division of Traffic and Safety;

(ii) Engineering Coordinator, Contracts Utility and Railroad Officer, and a Design Technician from the Railroad and Utility Unit of the Preconstruction Division;

(iii) Representatives from the railroad company;

(iv) Representatives from the local government public works department, and when available the local law enforcement groups where the highway/railway crossing is located.

(b) Duties of the Diagnostic/Surveillance Team shall include:

(i) Investigates the elimination of at-grade highway/railway crossings;

(ii) Specifies the passive railroad warning devices to be installed at crossings in accordance with the MUTCD;

(iii) Prescribes installation of active railroad warning devices at highway/railway crossings;

(iv) Specifies the type of railroad crossing materials to be installed at highway/railway crossings;

(v) Prescribes the improvement of the highway approach grades to the tracks to improve sight distance;

(vi) Specifies removal of trees, brush and foliage from the highway and railroad rights-of-way and private properties to provide better sight distance for motor vehicles;

(vii) Specifies compliance with UDOT's Standard Plan STD 715-2A for Disabled Pedestrian Access when pedestrian sidewalks cross tracks;

(viii) Reviews and approves all requests for new at-grade crossings of existing railroads;

(A) The highway agency making the request for a new crossing shall provide a master street plan showing the agency's plan to eliminate or combine existing railroad crossings before new crossings will be approved.

(B) The Surveillance Team shall specify the type of railroad crossing materials, and the active and passive railroad warning devices to be installed at crossings.

(ix) Reviews change of use of highway/railway crossings;

(A) The local agency shall verify the permitted use, public or private, of any highway/railway crossing in writing from the authorized owner of the track prior to approval of new development or change in land use or ownership.

(x) Recommends new overpass structures;

(xi) Where a new railroad crosses an existing highway, UDOT will consider the new crossing in conformance with Section 54-4-15. Public notice will be made in conformance with R930-5-14, Notice of Intended Action. If approved, the required separation or railroad warning devices, and any pavement work at the crossing shall not be considered to be of benefit to the road user and 100 percent railroad participation shall be required. The determination as to separation of type of warning devices shall be according to classification and traffic volume of the highway crossed and the predicted traffic hazard and as recommended by the Surveillance Team.

(c) Duties of Diagnostic/Surveillance Team members shall include:

(i) Engineering Coordinator Railroad inspector, Division of Traffic and Safety, schedules the Diagnostic/Surveillance Team reviews. Notifies team members who are to attend the review by letter twenty working days prior to the review date. Conducts the reviews and issues diagnostic/surveillance team reports within two weeks after the review is held and sends copies of the report to all those attending the review.

(ii) Engineering Coordinator of the Railroad and Utilities Unit establishes requirements for horizontal and vertical alignments of the roadway, determines passive and active railroad warning device locations on the roadway, and funding apportionments on federal railroad safety projects. Initiates all Notices of Intended Action for all railroad projects.

(iii) Contracts Utility and Railroad Officer of the Railroad and Utility Unit reviews the plans and contractual agreement requirements on projects requiring matching funds from local agencies.

(iv) Design Technician from the Railroad and Utility Unit obtains all necessary field data for plan site maps and takes photographs of the existing conditions of all quadrants of the intersection.

(v) The railroad company representative shall provide all train volumes and accident data and any other pertinent data regarding the railroad crossing.

(vi) Local agency public works officer shall provide highway traffic volumes, any proposed road construction activities on the highway or an approved master plan for the highway, and any other necessary data regarding the crossing.

(vii) Local agency law enforcement officer shall supply traffic accident data and other pertinent traffic problems relating to the highway/railway crossing.

 

R930-5-8. Design of At-Grade Highway/Railway Crossings.

UDOT shall oversee and approve the design of all highway/railway at-grade crossings.

(1) Facilities that are the responsibility of the railroad for maintenance and operation shall conform to the specifications and design standards used by the railroad in its normal practice.

(2) At-Grade crossings that are the responsibility of the local agency for maintenance and operation shall conform to the specifications and design standards and guides used by the highway agency in its normal practice subject to approval by UDOT.

(3) Traffic control devices at all grade crossing improvements shall comply with the MUTCD.

(4) All design plans shall include DOT numbers and street addresses or railroad mile posts for at-grade crossings.

(5) Railroad crossing materials shall be designed as follows:

(a) When it is determined that the railroad crossing material needs to be extended or replaced, the agency doing the design of the crossing shall determine the minimum length of the crossing material. The length shall be determined based on the proposed width of the new roadway or from the approved master plan roadway width. The crossing material length shall be in accordance with the MUTCD and extend at least two feet from the outer edge of the roadway, beyond the roadway clear zone area, or to the back of the concrete curb and gutter or out past the sidewalks. When sidewalks are required on at-grade crossings, the sidewalks shall be in conformance with UDOT's Standard Plan Drawing 715-2A for Disabled Pedestrian Access.

(b) The approach grades of the roadway to the railroad crossing material shall be designed to match the grade of the railroad crossing material and top elevation of the railroad tracks for a minimum distance of 50 feet, but preferably 100 feet, in both directions to provide a smooth crossing for vehicles. The cross slope of the roadway shall match the cross slope of the railroad tracks at the crossing and shall then be transitioned to match the cross slope of the roadway.

(c) When the existing railroad crossing material is to be extended but the existing material is too old and cannot be connected to the new material, complete replacement of the railroad crossing material shall be required.

(d) New railroad crossing materials shall always be concrete material unless another material is approved by the Diagnostic/ Surveillance Team.

(6) Active railroad warning devices shall be designed as follows:

(a) When it is determined by the Diagnostic/Surveillance Team that active warning devices are required, it shall be the responsibility of the railroad company to design the devices.

(i) When curb and gutter and/or sidewalks are in place or being installed, the active warning devices shall be placed in accordance with current railroad standards and the MUTCD.

(ii) When no curb and gutter is being installed, the active warning devices shall be placed beyond the roadway clear zone area or two feet beyond the edge of the paved roadway in accordance with the MUTCD.

(iii) When the active warning devices are placed within the roadway clear zone, appropriate attenuation devices shall be installed.

(b) When an existing roadway is to be widened, the new location of the active railroad warning devices shall be determined by the railroad and highway agency and the railroad company shall relocate the devices.

(c) When active warning devices are within 200 feet of a traffic signal the railroad company shall design the preemption system and extend cable from their controller box so the owner or operator of the traffic signal can connect the cables to the signal controller and program the controller.

(d) Design plans shall show the location of the devices by both roadway and railroad milepost or station.

(7) Passive railroad warning devices at railroad crossings shall be designed as follows:

(a) The following passive warning devices shall be designed and installed by the railroad company in accordance with the MUTCD:

(i) Railroad crossing sign R15-1(crossbuck;

(ii) Railroad crossing sign R15-2 (number of tracks).

(b) Design and installation of all other passive railroad warning devices, including the following, are the responsibility of the highway agency that crosses the railroad tracks. Design and location of the devices shall be in accordance with the MUTCD and as engineering studies indicate necessary. Passive railroad warning devices shall be installed by the local highway agency on local roadways.

(i) Railroad advance warning signs W10-1, W10-2, W10-3 and W10-4;

(ii) Railroad pavement markings;

(iii) "Exempt" crossing signs R15-3 (White background), or W10-1a (yellow background). The exempt sign shall only be installed when authorized by the representative from UDOT, Traffic and Safety Division.

(iv) "No Turn on Red" sign R10-11;

(v) "Do Not Stop on Tracks" sign R8-8;

(vi) "Tracks out of Service" sign R8-9 shall be UDOT approved;

(vii) "Stop" sign R1-1 and W3-1, or "Yield" Sign R1-2 may be installed as if it had been recommended by the Diagnostic/Surveillance Team. The local agency may do an engineering study and install the stop or yield sign if warranted under MUTCD guidelines.

(c) Street light illumination at grade crossings may be recommended by the Diagnostic/Surveillance Team and shall be designed and installed in accordance with the MUTCD by the agency owning the roadway.

 

R930-5-9. Responsibility to Arrange for the Installation of Railroad Materials and Devices.

(1) Responsibility for installation of railroad crossing material is as follows:

(a) When a roadway is widened by a local agency, the local agency shall be responsible to arrange by agreement with the railroad company to install the railroad crossing extension.

(b) When local agencies reconstruct a roadway and new railroad crossing material is required, the local agency shall arrange by agreement with the railroad company for the complete replacement of the railroad crossing material when material cannot be extended.

(c) When a highway/railway crossing is listed on UDOT's Annual High Accident Prediction List and the Diagnostic/Surveillance Team determines railroad crossing materials need to be replaced, UDOT shall arrange by agreement with the railroad company for the replacement of the crossing material. The local agency owning the roadway shall participate in the cost with matching funds. When the local agency does not want to participate in the project with matching funds, the project is terminated.

(2) Responsibility for installation of active warning devices is as follows:

(a) When a local agency widens a roadway which changes the existing conditions of the highway/railway crossing and it requires active warning devices, the local agency shall be responsible to arrange by agreement with the railroad company for the installation of the active railroad warning devices after their plans are approved by UDOT.

(b) When a local agency widens a roadway that has existing active railroad warning devices, the local agency shall have their plans approved by UDOT and arrange by agreement with the railroad company for the relocation of the devices.

(c) When a roadside community development is approved by a local agency that changes the conditions of a highway/railway at-grade crossing by increasing traffic volumes and/or by adding new access openings onto a highway within 250 feet, the agency plans shall be approved by UDOT and the local agency shall arrange by agreement with the railroad company for any required railroad changes.

(d) When a highway/railway at-grade crossing is listed in UDOT's Annual High Accident Prediction List and active warning devices are required, UDOT shall arrange by agreement with the railroad company for the installation of the active railroad warning devices.

(e) When a local agency requests a surveillance review of a highway/railway intersection or a corridor of intersections and the Diagnostic/Surveillance Team determines that a crossing or crossings can be eliminated and other crossings are upgraded, UDOT shall determine if Federal Railroad Safety Funds may be used for any or all of the improvements. UDOT shall also arrange by agreement with the railroad company for the installation of the active railroad warning devices.

(3) Responsibility for installation of passive railroad warning devices is as follows:

(a) When local agencies widen roadways, they shall be responsible to provide and install the passive railroad warning devices.

(b) When a local agency requests a surveillance of a highway/railway intersection or a corridor of intersections and the Diagnostic/Surveillance Team determines crossings can be eliminated if other crossings are upgraded, the local agency shall be responsible to install the passive railroad warning devices.

(c) When a highway/railway crossing is listed in UDOT's Annual High Accident Prediction List and the Diagnostic/Surveillance Team determines that passive railroad warning devices are required, the local agency owning the roadway shall be responsible to provide and install the passive railroad warning devices.

 

R930-5-10. Maintenance.

(1) The maintenance of automatic signal devices and the pavement area between rails, including space between multiple tracks if the railroad company owns the easement rights between the multiple tracks, and two feet beyond each outside rails shall be the responsibility of the railroad company.

(2) Maintenance of signals including the pavement between the rails on temporary highway detours shall in all cases become the responsibility of the railroad company at the expense of the highway agency owning the roadway.

(3) Maintenance of the crossing approaches up to within two feet of the rails shall be the responsibility of the agency owning the roadway. When the railway is raised due to track and ballast maintenance, the railroad company shall coordinate their work with the agency owning the roadway so the pavement on the approaches can be adjusted to provide a smooth ride for motorists.

(4) Responsibility for maintenance of a newly constructed grade separation shall be as follows:

(a) Where a separation facility overpasses a railroad, maintenance responsibility for the entire structure and approaches shall be assumed by the agency owning the structure and roadway.

(b) When a grade separation structure underpasses a railroad, maintenance of the roadway and the entire structure below and including the deck plate, handrail, and parapets, shall be the responsibility of the owner of the roadway. Maintenance of the waterproofing, ballast, ties, rails and any portion of the supporting structure above the top of the ballast deck plate between parapets shall be the responsibility of the railroad company.

(c) Cost of repairing damages to a highway or a highway structure, occasioned by collision, equipment failure or derailment of the railroad's equipment, shall be borne by the railroad company.

(5) Responsibility for maintenance of private industrial trackage not owned by a railroad company that crosses public highways shall be as follows:

(a) When a facility, plant or property owner receives goods and services from a railroad company train over private industrial trackage that crosses a public highway, maintenance of the crossing shall be the responsibility of those companies receiving the goods and services.

(b) When the highway/railway crossing becomes a safety hazard to vehicles and is not maintained, UDOT and the railroad company shipping the goods and services shall notify the facility, plant or property owners in writing to maintain or replace the railroad crossing material.

(c) If the owner of the private trackage does not maintain or replace the crossing material by a specified date, UDOT shall order the railroad company to cease and desist operations across the highway/railway crossing.

(d) If the owner still does not respond to the order to maintain or replace the railroad crossing material the following action shall be taken by the highway agency owning the roadway:

(i) The highway agency shall remove the trackage from across the roadway and bill the facility owner of the trackage for the expenses to remove the trackage.

(ii) The highway agency shall not issue a permit for a new highway/railway at-grade crossing until owner of the trackage agrees to pay for the cost of removing the trackage across the roadway and agrees to pay for and install new crossing material and repair the roadway approaches to the tracks.

(6) Responsibility for removal of unused railroad tracks shall be in accordance with Sections 10-8-34 and 10-8-82. Railroad tracks may be removed if the governing body of the highway declares the tracks to be a safety hazard, nuisance, and when the railroad has not operated for long periods of time, at least nine months. UDOT's Traffic and Safety Division shall direct the governing body of the highway or the railroad company to remove the tracks.

 

R930-5-11. Authorizations.

(1) The costs of preliminary engineering, right-of-way acquisition, and construction incurred after the date each phase of the work is included in an approved program and authorized by FHWA are eligible for federal participation. Preliminary engineering and right-of-way acquisition costs which are otherwise eligible, but incurred by the railroad prior to authorization by FHWA, although not reimbursable, may be included as part of the railroad share of the project cost where such share is required.

(2) Prior to issuance of authorization by FHWA either to advertise the physical construction for bids to proceed with force account construction for railroad work or for other construction affected by railroad work the following must be accomplished:

(a) Plans and specifications and estimates must be approved by FHWA.

(b) A proposed agreement between the state and the railroad company must be found satisfactory by FHWA. Before Federal funds may be used to reimburse the state for railroad costs the executed agreement must be approved by FHWA.

 

R930-5-12. Agreements.

Where construction of a federal aid project requires use of railroad properties or adjustments to railroad facilities, UDOT shall prepare an agreement between UDOT and the railroad company.

(1) Master agreements between UDOT and a railroad company on an area wide or statewide basis may be used. These agreements shall contain the specifications, regulations and provisions required in conjunction with work performed on all projects.

(2) On a project by project basis, the written agreement between UDOT and the railroad company shall, as a minimum, include the following, where applicable:

(a) Reference to appropriate federal regulations;

(b) A detailed statement of the work to be performed by each party;

(c) Method of payment shall be actual cost;

(d) For projects which are not for elimination of hazards of highway/railway crossings, the extent to which the railroad is obligated to move or adjust facilities at the expense of the agency owning the roadway;

(e) The railroad's share of the project cost;

(f) An itemized estimate of the cost of the work to be preformed by the railroad;

(g) Method to be used for preforming the work, either by railroad forces or by contract;

(h) Maintenance responsibility;

(i) Form, duration, and amounts of any needed insurance;

(j) Appropriate reference to or identification of plans and specifications.

(3) On matching fund agreements between UDOT and the local agency, on a project by project basis the written agreement shall include the following:

(a) Description of work and location, city, county, state;

(b) Reference to federal regulations that matching funds will be provided by the agency having jurisdiction over the street or highway right-of-way where improvements are desired;

(c) Detailed statement of work to be preformed by each party regarding design engineering, agreements, inspection and maintenance;

(d) Statement of finances of project and matching funds to be provided by local agency, deposits, invoices and cost overruns or underruns.

(4) Agreements prepared for local government and industrial trackage crossing are prepared between the agency owning the street or highway right-of-way and the industry on forms furnished by the railroad companies.

(5) In order that a highway/railway project shall not become unduly delayed, UDOT shall consider a six month period of time from issuance of the railroad agreement to be adequate for completion of execution by the railroad company involved. Should more than the specified period of time elapse, UDOT shall require the railroad to proceed with the work covered by the agreement under the authority contained in Section 54-4-15 and approval from the FHWA will be solicited in conformance with 23 CFR 646.

 

R930-5-13. Apportionment of Costs.

Apportionment of costs for installation, maintenance, and reconstruction of active and passive railroad warning devices at highway/railway intersections shall be in accordance with 23 646.

(1) When a roadway is widened by the state or local governmental agency, the agency shall fund all passive and active railroad warning devices determined necessary by the Diagnostic/Surveillance Team.

(2) When a roadway is widened by a local agency, and the existing railroad crossing material is old and cannot be attached to the new material, the local agency shall fund the replacement of all new existing crossing material.

(3) When a highway/railway at-grade crossing is listed on UDOT's Annual High Accident Prediction List, and it is determined by the Diagnostic/Surveillance Team that the crossing shall be upgraded, it shall be funded by federal railroad safety funds and local highway agency matching funds. The local highway agency shall install the passive warning devices at their own expense.

(4) When a local agency requests a surveillance review of a highway/railway crossing or a corridor of crossings and the Diagnostic/Surveillance Team determines a crossing or number of crossings can be eliminated, and other crossings are upgraded, federal railroad safety and local agency matching funds shall be used to upgrade the crossing. When a crossing is eliminated and others upgraded, the railroad company shall also participate in the upgrade of the crossing.

(5) If approved construction of a separation structure or the installation of a signal device at such crossing is not considered a benefit to the railroad, railroad participation shall not be required.

(6) A project to reconstruct an existing overpass or underpass shall include the entire structure and railway and the highest approaches thereto. Since there is no railway liability for such projects, it is considered that there shall be no benefit to the railroad and railroad participation shall not be required.

 

R930-5-14. Notice of Intended Action Process.

(1) When UDOT is considering the execution of an agreement with a railroad involving construction, of a railroad separation structure, new at-grade crossings, or in any manner the elimination, substantial modification, construction or improvement of any existing crossing or other facility in connection with existing or proposed contracts for UDOT or any other highway agency, UDOT shall advertise a notice of its intended action in a newspaper of general circulation at least twice with a provision that written protests may be filed with UDOT 15 days from the date of the last publication of the notice. The notice shall identify the project, briefly describe the changes proposed, and contain general information relating to the proposed action.

(2) Construction of a new highway crossing of a railroad track where a new street or highway is proposed which is not essentially a relocation of an existing street, the UDOT will consider the new crossing in conformance with Section 54-4-15. Public notice will be made in conformance with this rule.

(3) All requests for a public hearing shall be in writing and shall detail how a proposed action will adversely affect a group of people, firm or corporation, and if it appears that the adverse affect cannot be alleviated by UDOT. Such a hearing will be conducted informally by UDOT. Any party aggravated by any determination made by UDOT shall have their statutory right under Section 54-4-15, as amended, to petition the PSC for a hearing to be governed by the procedures of the PSC.

(4) In instances where the action proposed by UDOT does not substantially affect the general public, UDOT may waive the requirement to public notice, provided all parties affected concur in writing with the action proposed. For the purposes of this section, parties affected shall mean railroads or other common parties, state, county, city or other environmental agencies, boards or commissions, having jurisdiction over any property rights of facilities, and private persons or directly affected.

(5) The Executive Director of UDOT shall be authorized to issue all Notices of Intended Action in the name of UDOT.](1) At regular intervals, the Department: (a) reviews for safety all existing public at-grade highway/railway crossings in the state in accordance with the Manual on Uniform Traffic Control Devices; (b) evaluates and approves the location of new crossings; (c), prescribes the types of at-grade crossing railroad warning devices; and (d) determines maintenance and funding apportionments for all highway/railway projects.

(2) Highway/railway projects that use federal railroad safety funds shall be carried out in accordance with 23 CFR Part 646 Subpart B.

 

R930-5-2. Authority.

This rule is authorized by Utah Code Ann. Section 54-4-15. Additional sections in the Utah Code and Federal rules supporting this rule are found in sections 10-8-34, 10-8-82, 41-6-19, 72-1-102, 72-2-112; 23 CFR 924 and 23 CFR 646.

 

R930-5-3. Purpose.

(1) Department oversees all at-grade public highway/railway crossings in the state of Utah and provide for the safe, efficient operation of vehicles and pedestrians through highway/railway intersections. Department also promotes elimination of at-grade highway/railway crossings when possible, elimination of hazards to improve at-grade crossings, and recommends the construction of grade separation structures to replace at-grade crossings pursuant to this rule.

(2) This rule describes procedures for the selection of highway/railway crossings for improvement, the selection of passive and active railroad warning devices, design, maintenance operations and the funding sources for the improvement of crossings.

 

R930-5-4. Incorporation by Reference.

The following federal law, federal agency manuals and association standards, and technical requirements are adopted and incorporated by reference:

(1) 23 CFR 646 "Railroads" (2005);

(2) 23 CFR 924 "Highway Safety Improvement Program" (2005);

(3) "A Policy on Geometric Design of Highway and Streets", American Association of State Highway and Transportation Officials (AASHTO) (2004);

(4) Preemption of traffic signals near railroad crossings, Institute of Traffic Engineers (ITE) (2004); and

(5) Guidance for traffic control devices at Highway/Railroad Grade Crossings, FHWA (2000).

 

R930-5-5. Definitions.

(1) "Active warning devices" means those types of traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manually operated devices and crossing watchmen, all of which display to motorists positive warning of the approach or presence of a train;

(2) "At-Grade Crossing" means the crossing of a highway and railway at approximately the same elevation;

(3) "Clear zone" means an area along the road that is clear of obstructions and required by the Department in order to make the roadway safer for errant vehicles;Department

(4) "Company" means any railroad, special transit district, or utility company including any wholly owned or controlled subsidiary thereof;

(5) "Diagnostic/Surveillance team" means an appointed group of knowledgeable representatives of the parties of interest in a highway/railway crossing or group of crossings;

(6) "FHWA" means the Federal Highway Administration, an agency within the United States Department of Transportation

(7) "Local Agency" means a local governmental entity that owns a highway;

(8) "Main line railroad track" means a track of a principal line of a railroad, including extensions through yards, upon which trains are operated by timetable, train order or both, or the use of which is governed by block signals or by centralized traffic control;

(9) "MUTCD" means the Manual of Uniform Traffic Control Devices as adopted in Utah Code Ann. Section 41-6a-301;

(10) "Passive warning devices" means those types of traffic control device, including signs, markings and other devices located at or in advance of grade crossings to indicate the presence of a crossing but which do not change aspect upon the approach or presence of a train;

(11) "Preliminary engineering" means the work necessary to produce construction plans, specifications, and estimates to the degree of completeness required for undertaking construction, including locating, surveying, designing, and related work;

(12) "PSC" means the Public Service Commission of the State of Utah;

(13) "Roadway" means that portion of the highway, including shoulders, intended for vehicular use;

(14) "Railroad" means all rail carriers, whether publicly or privately owned, and common carriers, including line haul freight and passenger railroads, switching and terminal railroads and passenger carrying railroads such as rapid transit, commuter and street railroads;

 

R930-5-6. Types of Projects.

(1) Projects for the elimination of hazards for both vehicles and pedestrians at highway/railway crossings may include the following:

(a) Elimination of at-grade highway/railway crossings by combining multiple crossings;

(b) Elimination of at-grade highway/railway crossings by the relocation of a highway;

(c) Elimination of an at-grade crossing by the construction of a new grade separation where full access control is required regardless of the volume of train or highway vehicles;

(d) Improvements to existing at-grade highway/railway crossings;

(e) Reconstruction of an existing highway/railway grade separation structure;

(f) Construction of raised median curb islands or other channelizing devices;

(g) Installation of lighting to improve visibility of crossings or safety devices;

(2) Other projects that require Department approval prior to construction include, but are not limited to the following projects:

(a) Highway/railway projects that use railroad properties or involve adjustments to railroad facilities required by highway construction, but do not involve the elimination of hazards of railway/highway crossings;

(b) Construction of new highway crossings over a railroad track where a new street or highway is proposed that is not essentially a relocation of an existing street;

(c) Construction of a new railroad crossing of an existing highway or street.

 

R930-5-7. Diagnostic/Surveillance Review Team.

(1) The Department shall have a program for the identification of highway/railway crossings for improvement. Crossings may be identified for improvement upon recommendation from the diagnostic/surveillance review team, or by formal finding of the Department. The role of the Diagnostic/Surveillance Review Team is to make recommendations to the Department for changes needed at railroad crossings. The team serves as a venue where different agencies and railroads may come together and discuss options and alternatives for safety improvement. The Department shall consider all recommendations made by the team members, and input received from the public at large (in accordance with section R930-5-14) before issuing final orders for the improvement of grade crossings. Suggested improvements at all highway/railway intersection crossings are evaluated by a Diagnostic/Surveillance Review Team. The team reviews railroad crossings when requested by local agencies, when significant changes in highway traffic patterns are proposed, or when railroad traffic is proposed to significantly increase. The Department may also make formal findings and rulings as part of its routine inspection of railroad crossings, independent of the Diagnostic/Surveillance Review Team.

(2) The Diagnostic/Surveillance Team is composed of the following team members:

(a) Chief Railroad Engineer for the , Department;

(b) Representatives from the railroad company;

(c) Representatives from the local government agency (preferably from engineering or public works), and when available the local law enforcement groups where the highway/railway crossing is located and

(d) Representatives from the local school district, if the crossing is located on an approved school walking route.

(3) The Diagnostic/Surveillance Team shall, when appropriate:

(a) Recommend the elimination of at-grade highway/railway crossings;

(b) Recommend that passive railroad warning devices be installed at crossings in accordance with the MUTCD;

(c) Recommend installation of active railroad warning devices at highway/railway crossings. Active warning devices include flashing lights, flashing lights with gates, flashing lights with gates and overhead cantilever lights, three- or four-quadrant gates with gate management system, or other active warning device as defined in the MUTCD;

(d) Recommend the type of railroad crossing materials to be installed at highway/railway crossings;

(e) Recommend the improvement of the highway approach grades to the tracks to improve sight distance;

(f) Recommend removal of trees, brush and foliage from the highway and railroad rights-of-way and private properties to provide better sight distance for motor vehicles;

(g) Recommend changes needed to improve pedestrian safety, and to comply to the extent possible with the Americans with Disabilities Act;

(h) Review all requests for new at-grade crossings of existing railroads. The highway agency making the request for a new crossing shall provide a master street plan showing the agency's plan to eliminate or combine existing railroad crossings before new crossings will be approved;

(i) Review change of use of highway/railway crossings. The local agency shall verify the permitted use, public or private, of any highway/railway crossing in writing from the authorized owner of the track prior to approval of new development or change in land use or ownership;

(j) Recommend new overpass or other grade separation structures;

(k) Recommend the installation of street lighting to improve visibility;

(l) Recommend any other safety mitigation requirements in order to improve vehicle and pedestrian safety.

(4) Duties of individual Diagnostic/Surveillance Team members include:

(a) The Chief Railroad Engineer shall:

(i) notify team members who are to attend the review;

(ii) conduct the reviews and issue team reports within two weeks after the review and send copies to all those attending the review;

(iii) establish requirements for horizontal and vertical alignments of the roadway;

(iv) determine passive and active railroad warning device locations on the roadway;

(v) determine funding apportionments on federal railroad safety projects;

(vi) initiate all Notices of Intended Action for railroad projects;

(vii) review the plans and contractual agreement requirements on projects demanding federal funds from local agencies;

(viii) obtain all necessary field data for plan site maps and take photographs of the existing conditions of all quadrants of the intersection..;

(b) The Railroad Company Representative shall provide train volumes, accident data, and any other pertinent data regarding the railroad crossing;

(c) The Local Agency Representative shall provide highway traffic volumes, proposed road construction activities on the highway, or an approved master plan for the highway, in addition to any other pertinent data regarding the crossing;

(d) The Local School District Representative shall provide school-age pedestrian traffic counts and school routing plan information.

(5) Where a new railroad crosses an existing highway, the Department will consider the new crossing in conformance with Section 54-4-15. Public notice will be made in conformance with R930-5-14, Notice of Intended Action. If approved, the required separation or railroad warning devices, and any pavement work at the crossing shall not be considered to be of benefit to the road user and 100 percent railroad participation shall be required. The determination as to separation of type of warning devices shall be according to classification and traffic volume of the highway crossed and the predicted traffic hazard and as recommended by the Surveillance Team.

 

R930-5-8. Design of At-Grade Highway/Railway Crossings.

(1) The Department shall oversees and approves the design of all highway/railway at-grade crossings. Facilities that are the responsibility of the railroad for maintenance and operation shall conform to the specifications and design standards used by the railroad in its normal practice. At-Grade crossings that are the responsibility of the local agency for maintenance and operation shall conform to the specifications and design standards and guides used by the highway agency in its normal practice subject to approval by the Department. Where a local agency does not have an approved standard, Department standard drawings for the design of railroad crossings apply. Traffic control devices at all grade crossing improvements shall comply with the MUTCD. Required clearances for all devices shall conform to the MUTCD, or as approved by the Department. All design plans shall include USDOT identification numbers, street addresses, railroad subdivision and railroad milepost for at-grade crossings.

(2) Railroad crossing surface materials shall be designed as follows:

(a) When it is determined that the railroad crossing material needs to be extended or replaced, the agency doing the design of the crossing shall determine the minimum length of the crossing material. The length shall be determined based on the proposed width of the new roadway or from the approved master plan roadway width. The crossing material length shall extend at least two feet from the outer edge of the roadway, beyond the roadway clear zone area, or to the back of the concrete curb and gutter or out past the sidewalks;

(b) The approach grades of the roadway to the railroad crossing material shall conform to standard drawings published by the Department, to the extent practical;

(c) When the existing railroad crossing material is to be extended but the existing material is too old and cannot be connected to the new material, complete replacement of the railroad crossing material is required;

(d) New railroad crossing materials shall use insulated concrete panels. Other materials may be used, if approved by the Department.

(3) Active railroad warning devices shall be designed as follows:

(a) The railroad company is responsible for the design of the railroad activation circuitry, hardware, and software necessary to comply with requirements of the Department. Clearances for active warning devices shall comply with requirements of the MUTCD, unless otherwise specifically authorized by the Department;

(b) Three- and four-quadrant gate systems: Designs for these systems shall be in conformance with the MUTCD. Exit gates for these systems shall be designed to fail in the upright position. Time-delayed exit gates shall not be used in these systems, except for locations with a single track that is nearly perpendicular to the highway. In these cases, where practical, the exit gate shall be placed at a distance from the track to allow for a single design vehicle to exit the crossing area safely. The Diagnostic/Surveillance Review Team shall recommend delay times to be used in these applications. For all other installations (single track skewed crossings, multi-track crossings, etc.) a dynamic exit gate system shall be used. The exit gate system shall employ a method (as approved by the Department) of detecting vehicles stalled on the tracks and shall raise exit gates to allow for vehicles to exit the crossing area. When the active warning devices are placed within the roadway clear zone, appropriate attenuation devices shall be installed;

(c) When an existing roadway is to be widened, the new location of the active railroad warning devices shall be determined by the railroad and highway agency. The railroad company shall relocate the devices;

(d) When active warning devices are within 200 feet of a traffic signal, the local authority shall provide the type and amount of preemption time needed to the Diagnostic Review Team. The railroad company shall design the crossing per the specification of the local authority. The local authority shall provide an interconnect to the traffic signal controller. The local authority is responsible for programming traffic signal controller;

(e) Design plans shall show the location of active devices by both highway station and railroad milepost.

(4) The following passive warning devices shall be designed, installed, and maintained by the railroad company in accordance with the MUTCD:\

(a) Sign R15-1 (crossbuck);

(b) Sign R15-2 (number of tracks);

(c) Sign R1-1 (STOP);

(d) Sign R1-2 (Yield);

(e) Sign R15-3 (Exempt);

(f) Sign R8-9 (Tracks out of Service)

(5) Design, installation, and maintenance of all other passive railroad warning devices, signs, and pavement markings is the responsibility of the highway agency that crosses the railroad tracks. Design and location of the devices shall be in accordance with the MUTCD and as engineering studies indicate necessary, or as required by the Diagnostic Review Team.

 

R930-5-9. Responsibility to Arrange for the Installation of Railroad Materials and Devices.

(1) Responsibility for installation of railroad crossing material is as follows:

(a) When a roadway is widened by a local agency, the local agency shall be responsible to arrange by agreement with the railroad company to install the railroad crossing extension.

(b) When local agencies reconstruct a roadway and new railroad crossing material is required, the local agency shall arrange by agreement with the railroad company for the complete replacement of the railroad crossing material when material cannot be extended.

(2) Responsibility for installation of active warning devices is as follows:

(a) When a local agency widens a roadway which changes the existing conditions of the highway/railway crossing and it requires active warning devices, the local agency shall be responsible to arrange by agreement with the railroad company for the installation of the active railroad warning devices after their plans are approved by the Department.

(b) When a local agency widens a roadway that has existing active railroad warning devices, the local agency shall have their plans approved by the Department and arrange by agreement with the railroad company for the relocation of the devices.

(c) Prior to approving new residential, commercial or industrial development within 1000 feet of a railroad crossing, the local agency shall request a Diagnostic/Surveillance Review of the proposed development to assess the potential traffic impacts at the railroad crossing. When a local agency approves increased development that changes the conditions of a highway/railway at-grade crossing by increasing traffic volumes and/or by adding new access openings onto a highway within 250 feet, the agency plans shall be approved by the Department. The local agency shall arrange by agreement with the railroad company for any required railroad changes.

(d) When a highway/railway at-grade crossing is listed in the Department's Annual High Accident Prediction List and active warning devices are required, the Department shall arrange by agreement with the railroad company for the installation of the active railroad warning devices.

(e) When a local agency requests a surveillance review of a highway/railway intersection or a corridor of intersections and the Diagnostic/Surveillance Team recommends that a crossing or crossings can be eliminated and other crossings can be upgraded, the Department shall determine if Federal Railroad Safety Funds (also know as "Section 130 funds") may be used for any or all of the improvements. If Federal funding is available, the Department shall also arrange by agreement with the railroad company for the installation of the active railroad warning devices.

(3) The Local Agency is responsible for the installation of all passive railroad warning devices.

 

R930-5-10. Maintenance.

(1) The maintenance of automatic signal devices and the pavement area from end of tie to end of tie, including space between multiple tracks if the railroad company owns the easement rights between the multiple tracks, and two feet beyond each outside railsis the responsibility of the railroad company.

(2) Signals and pavement between end of ties on temporary highway detours shall in all cases become the responsibility of the railroad company at the expense of the highway agency owning the roadway.

(3) Maintenance of the crossing approaches up to end of tie is the responsibility of the agency owning the roadway. When the railway is raised due to track and ballast maintenance, the railroad company shall coordinate their work with the agency owning the roadway so the pavement on the approaches can be adjusted to provide a smooth ride for motorists. When the agency owning the roadway changes the road profile (through construction or maintenance activities) the approaches to the tracks must be adjusted to provide a smooth and level crossing surface.

(4) Responsibility for maintenance of a grade separation structure is as follows:

(a) Where a separation facility overpasses a railroad, maintenance responsibility for the entire structure and approaches is assumed by the agency owning the structure and roadway.

(b) When a grade separation structure underpasses a railroad, maintenance of the roadway and the entire structure below and including the deck plate, handrail, and parapets, is the responsibility of the owner of the roadway. Maintenance of the waterproofing, ballast, ties, rails and any portion of the supporting structure above the top of the ballast deck plate between parapets is the responsibility of the railroad company.

(c) Cost of repairing damages to a highway or a highway structure, occasioned by collision, equipment failure or derailment of the railroad's equipment shall be borne by the railroad company.

(5) Responsibility for maintenance of private industrial trackage not owned by a railroad company that crosses public highways shall be as follows:

(a) When a facility, plant or property owner receives goods and services from a railroad company train over private industrial trackage that crosses a public highway, maintenance of the crossing shall be the responsibility of those companies receiving the goods and services.

(b) When the highway/railway crossing becomes a safety hazard to vehicles and is not maintained, the Department and the railroad company shipping the goods and services shall notify the facility, plant or property owners in writing to maintain or replace the railroad crossing material.

(c) If the owner of the private trackage does not maintain or replace the crossing material by a specified date, the Department shall order the railroad company to cease and desist operations across the highway/railway crossing.

(d) If the owner still does not respond to the order to maintain or replace the railroad crossing material the following action shall be taken by the highway agency owning the roadway. The highway agency shall arrange to have the crossing replaced, and bill the facility owner of the trackage for the expenses to repair the trackage.

 

R930-5-11. FHWA Authorizations.

(1) The costs of preliminary engineering, right-of-way acquisition, and construction incurred after the date each phase of the work is included in an approved program and authorized by FHWA are eligible for federal participation. Preliminary engineering and right-of-way acquisition costs which are otherwise eligible, but incurred by the railroad prior to authorization by FHWA, although not reimbursable, may be included as part of the railroad share of the project cost where such share is required.

(2) Prior to issuance of authorization by FHWA either to advertise the physical construction for bids, to proceed with force account construction for railroad work or for other construction affected by railroad work the following must be accomplished:

(a) Plans and specifications and estimates must be approved by FHWA.

(b) A proposed agreement between the state and the railroad company must be found satisfactory by FHWA. Before Federal funds may be used to reimburse the state for railroad costs the executed agreement must be approved by FHWA.

 

R930-5-12. Railroad Agreements.

(1) Where construction of a federal aid project requires use of railroad properties or adjustments to railroad facilities, the Department shall prepare an agreement between it and the railroad company.

(2) Master agreements between the Department and a railroad company on an area wide or statewide basis may be used. These agreements shall contain the specifications, regulations and provisions required in conjunction with work performed on all projects.

(3) On a project-by-project basis, the written agreement between the Department and the railroad company shall, as a minimum, include the following, where applicable:

(a) Reference to appropriate federal regulations;

(b) detailed statement of the work to be performed by each party;

(c) Method of payment shall be actual cost;

(d) For projects which are not for elimination of hazards of highway/railway crossings, the extent to which the railroad is obligated to move or adjust facilities at the expense of the agency owning the roadway;

(e) The railroad's share of the project cost;

(f) An itemized estimate of the cost of the work to be preformed by the railroad;

(g) Method to be used for performing the work, either by railroad forces or by contract;

(h) Maintenance responsibility;

(i) Form, duration, and amounts of any needed insurance;

(j) Appropriate reference to or identification of plans and specifications.

(4) On matching fund agreements between the Department and the Local Agency, on a project-by-project basis the written agreement shall include the following:

(a) Description of work and location, city, county, state;

(b) Reference to federal regulations that matching funds will be provided by the agency having jurisdiction over the street or highway right-of-way where improvements are desired;

(c) Detailed statement of work to be preformed by each party regarding design engineering, agreements, inspection and maintenance;

(d) Statement of finances of project and matching funds to be provided by local agency, deposits, invoices and cost overruns or underruns.

(5) Agreements prepared for local government and industrial trackage crossing are prepared between the agency owning the street or highway right-of-way and the industry on forms furnished by the railroad companies.

(6) In order that a highway/railway project shall not become unduly delayed, the Department shall consider a six-month period of time from issuance of the railroad agreement to be adequate for completion of execution by the railroad company involved. Should more than the specified period of time elapse, the Department shall require the railroad to proceed with the work covered by the agreement under the authority contained in Section 54-4-15 and approval from the FHWA will be solicited in conformance with 23 CFR 646.

 

R930-5-13. Apportionment of Costs.

(1) Apportionment of costs for installation, maintenance, and reconstruction of active and passive railroad warning devices at highway/railway intersections shall be in accordance with 23 CFR 646.

(2) When a roadway is widened by the state or local governmental agency, that agency shall fund all passive and active warning devices as recommended by the Diagnostic/Surveillance Team and as determined necessary by the Department.

(3) When a roadway is widened by a local agency, and the existing railroad crossing material is old and cannot be attached to the new material, the local agency shall fund the replacement of all new existing crossing material.

(4) When a highway/railway at-grade crossing is listed on the Department's Annual High Accident Prediction List, and it is determined by the Department that the crossing shall be upgraded, it shall be funded by federal railroad safety funds and local highway agency matching funds.

(5) If approved construction of a separation structure or the installation of a signal device at such crossing is not considered a benefit to the railroad, railroad participation shall not be required.

(6) A project to reconstruct an existing overpass or underpass shall include the entire structure and railway and the highest approaches thereto. Since there is no railway liability for such projects, it is considered that there shall be no benefit to the railroad and railroad participation shall not be required.

 

R930-5-14. Notice of Intended Action Process.

(1) Public notification is required when the Department is considering proposals to close public streets at crossings, removal of tracks from crossings, addition of tracks at crossings, or construction of new public at-grade crossings. The Department shall advertise a notice of its intended action in a newspaper of general circulation, and if available, a newspaper of local circulation in the area affected, at least twice with a provision that written protests may be filed with the Department 15 days from the date of the last publication of the notice. The local public authority shall provide written notice to all property owners within one-half mile of the crossing area. The notice shall identify the project, briefly describe the changes proposed, who to contact for information, where to file complaints or comments, and contain general information relating to the proposed action.

(2) Construction of a new highway crossing of a railroad track where a new street or highway is proposed which is not essentially a relocation of an existing street, the the Department will consider the new crossing in conformance with Section 54-4-15. Public notice will be made in conformance with this rule.

(3) All requests for a public meeting shall be in writing and shall detail how a proposed action will adversely affect a group of people, firm or corporation, and if it appears that the adverse affect cannot be alleviated by the Department. Such a hearing will be conducted informally by the Department. Any party aggravated by any determination made by the Department shall have their statutory right under Section 54-4-15, as amended, to petition the PSC for a hearing to be governed by the procedures of the PSC.

(4) In instances where the action proposed by the Department does not substantially affect the general public, The Department may waive the requirement to public notice, provided all parties affected concur in writing with the action proposed. For the purposes of this section, parties affected shall mean railroads or other common parties, state, county, city or other environmental agencies, boards or commissions, having jurisdiction over any property rights of facilities, and private persons or directly affected.

 

R930-5-15. Clearances.

(1) Unless otherwise noted, all clearances apply to tracks carrying freight or passengers.

(a) Overhead clearances. Overhead clearance is measured as the minimum clearance from the top of rail to the lowest point on a structure.

(i) For tracks carrying freight cars, 23'6";

(ii) For tracks carrying only passenger cars, 14';

(b) Side Clearances. Side clearance is measured from the centerline of tangent standard gauge tracks. Increase clearances on all structures adjacent to curved track by 12 inches.

(i) Posts, pipes, warning signs, other small obstructions, 10';

(ii) Freight platforms, 8 inches or less above top of rail, 4'8";

(iii) Freight platforms, between 8 inches and 21 inches above top of rail, 5'8";

(iv) Freight platforms, between 21 inches and 48 inches above top of rail, 7'3";

(v) Refrigerated freight platforms, between 48 inches and 54 inches above top of rail, 8'0";

(vi) All other structures, near freight tracks, 8'6";

(vii) Poles supporting electrical conductors for use in supplying motive power to tracks, 7'6";

(viii) All other poles supporting cables or wires, 8'6";

(ix) Through bridges and tunnels supporting track affected, 8'0";

(x) Switch boxes, operating mechanisms, and appurtenances necessary for the operation of switches, turnouts, or interlocking devices, less than 4 inches above top of rail, 3'0";

(xi) Block signals and switch stands, three feet or less above top of rail and located between tracks, 6'0";

(xii) Block signals and switch stands, used in operation of Light Rail Transit, 7'6";

(xiii) All other block signals and switch stands, 8'6";

(xiv) Water and oil columns, 8'0";

(xv) Hand rails on bridges or trestles, less than four feet above top of rail, 7'6";

(xvi) Fences of cattle guards, 6'9";

(xvii) Doors and entrances to repair shops or maintenance buildings, 7'6";

(xix) All other objects and articles, 8'6.(c) Overhead and side clearances. Minimum overhead and side clearances may be decreased to the extent defined by the radius of a circle with the appropriate side clearance, with the center-point of the circle set at the appropriate minimum clearance height. Overhead and side clearances do not apply to shops and buildings in which rail equipment is moved for repairs

(d) Clearances for parallel tracks. Clearance is measured from centerline of tracks.

(i) Tracks used for freight transportation, mainline or siding tracks, 15';

(ii) Tracks used for passenger transportation, mainline or siding tracks, 15';

(iii) Tracks used as team or freight house tracks may be reduced to 11'6" provided that all other side clearances are maintained;

(iv) Between adjacent ladder or yard tracks, 20'. Between ladder or yard tracks and other (mainline or siding) tracks, 17.

(e) Minimum clearances for public roads, highways, and streets.

(i) Where railroads cross overhead, 17';

(ii) Where railroads cross overhead, side clearances are based on the width of the road and the number of lanes crossing under the structure. Minimum widths are determined by the Department of Transportation on a case-by-case basis;

(iii) Where roads cross overhead, use the minimum clearances as provided in this rule.

 

R930-5-16. Accident Reporting.

Railroad companies are required to report all accidents occurring at highway-rail grade crossings to the Department's Chief Railroad Engineer within 2 hours of the incident. Initial notification must include the USDOT crossing number, street address, municipality, time of incident, train identifier, and contact phone number for further information. Written accident reports shall be submitted to the Department within 30 days of the incident. Current Federal Railroad Administration (FRA) form F 6180.57 shall be used to report accidents.

 

R930-5-17. Exemption of Railroad Crossings.

Under Section 41-6a-1205, Utah Code, certain vehicles are required to stop at all railroad crossings, unless a crossing is signed as exempt from this requirement. Recommendation to exempt a crossing is made by the Diagnostic/Surveillance team to the Department. Certain crossings are not eligible for exemption from Section 41-6a-1205:

(1) Mainline crossings with passive protective devices only;

(2) Crossings within approved quiet zones;

(3) Crossings where insufficient sight distance exists;

(4) Notification under section R930-5-14 shall be performed prior to authorization of exempting crossings.

 

KEY: railroads, [railroad crossings*]transportation, safety

Date of Enactment or Last Substantive Amendment: [March 11, 1998]2006

Notice of Continuation: January 22, 2002

Authorizing, and Implemented or Interpreted Law: 10-8-34; 10-8-82; 41-6-19; 54-4-15; 72-1-102; 72-2-112