R930-5-1. Purpose and Authority

(1) The Utah Department of Transportation (the "Department") oversees all Public Highway-Rail Grade Crossings ("Crossings") in the state of Utah. Railroads have jurisdiction over and are responsible for the safety of private crossings. The Department's goals are to improve the safety for all users of a Crossing and provide for the efficient operation of trains and vehicles and pedestrians access through those Crossings. As part of this effort, the Department promotes the elimination of Crossings and at regular intervals, the Department:

(a) Reviews all existing Crossings in the state for safety deficiencies;

(b) Evaluates and approves the location of a new Crossing;

(c) Prescribes the type of improvements at a Crossing;

(d) Defines maintenance responsibility for a Crossing; and

(e) Determines funding apportionments for all Section 130 Crossing Projects.

(2) This rule describes procedures for evaluating and selecting a Crossing for improvement as well as for evaluating and selecting the type of improvements at a Crossing. Such improvements include, but are not limited to:

(a) The evaluation and selection of the type of Passive and Active Warning Devices;

(b) The process for evaluating and determining whether a Crossing should be grade separated; and

(c) The process for evaluating Quiet Zones as outlined in 49 CFR 222.

(3) This Rule outlines the responsibilities of the various parties with respect to the design, maintenance and funding for Crossing improvements.

(4) This Rule is authorized by Section 54-4-15 "Establishment and Regulation of Grade Crossings," Section 54-4-14, Section 72-1-201, Section 41-6a-1205 and Title 63G, Chapter 3 "Utah Administrative Rulemaking Act."