CODE OF VIRGINIA

PROCEEDINGS FOR INSTALLATION AND MAINTENANCE OF AUTOMATICALLY OPERATED GATES,
SIGNALS AND OTHER AUTOMATIC CROSSING WARNING DEVICES (§ 56-406.1)

Railroads shall cooperate with the Virginia Department of Transportation and the
Department of Rail and Public Transportation in furnishing information and
technical assistance to enable the Commonwealth to develop plans and project
priorities for the elimination of hazardous conditions at any crossing of a
public highway which crosses at grade including, but not limited to, grade
crossing elimination, reconstruction of existing grade crossings, and grade
crossing improvements. The Commonwealth shall provide each locality a listing of
grade crossing safety needs for its consideration. Information collected and
analyses undertaken by the designated state agencies are subject to 23 U.S.C. §
409. A railroad shall not unilaterally select or determine the type of grade
crossing warning system to be installed at any crossing of a public highway and
railroad at grade. The railroad shall only install or upgrade a grade crossing
warning system at any crossing of a public highway and railroad at grade
pursuant to an agreement with the Virginia Department of Transportation or
representative of the appropriate public road authority authorized to enter into
such agreements. A railroad is not required but is permitted to upgrade, at its
own expense, components of any public highway at grade warning system when such
upgrade is incidental to a railroad improvement project relating to track,
structures or train control systems.When required by the Commissioner of
Highways or representative of the appropriate public road authority, every
railroad company shall cause a grade crossing warning device including flashing
lights approved by the Department of Transportation at such heights as to be
easily seen by travelers, and not obstructing travel, to be placed, and
maintained at each public highway at or near each place where it is crossed by
the railroad at the same level. Such warning device shall be automatically
activated by the approaching train so as to be clearly discernible to travelers
approaching the railroad crossing from each direction at a distance of
two-hundred feet. Such warning devices shall be erected at the initiative of the
appropriate public road authority only when required by ordinance or resolution
adopted by the Commissioner or the appropriate public road authority thereof
stating that such political subdivision will pay the full initial installation
cost of such warning devices and that maintenance costs will be fixed as
provided in § 56-406.2. A certified copy of such ordinance or resolution shall
be delivered to such railroad company, and such railroad company shall forthwith
install such warning devices at the full initial cost of such public road
authority. The cost of such installation and maintenance of such warning devices
may be shared by agreement between such railroad company and the Commissioner of
Highways or the appropriate public road authority, when initiating such
installation. The railroad shall be responsible for the continuing maintenance
of the warning devices.In the event that such Commissioner or representative of
the appropriate public road authority and the railroad company or companies
involved are unable to agree on (i) the necessity for such grade crossing
warning device, or (ii) the plans and specifications for and the method and
manner of construction or operation thereof, or (iii) the share of the cost of
construction, if any, to be borne by the railroad company or companies involved,
then the Commissioner of Highways or representative of the appropriate public
road authority, as the case may be, shall petition the State Corporation
Commission setting forth the grade crossing warning devices desired and the
plans and specifications for and the method and manner of construction and
operation of the devices desired and the facts which, in the opinion of the
petitioner, justify the requiring of the same. Copies of the petition and plans
and specifications shall be forthwith served by the State Corporation Commission
on the railroad company or companies involved. Within twenty days after service
on it of such petition and plans and specifications, each such railroad company
shall file an answer with the State Corporation Commission setting out its
objections to the proposed project, and the Commission shall hear and determine
the matter as other matters are heard and determined by that body. The
Commission shall consider all the facts and circumstances surrounding the case
and shall determine (a) whether public necessity justifies or requires the
proposed warning devices, (b) whether the plans and specifications or the method
and manner of construction and operation be proper and appropriate, and (c) what
share of the cost of the project, if any, to be borne by any railroad company
involved is fair and reasonable, having regard to the benefits, if any, accruing
to such railroad company from providing such grade crossing warning devices, and
either dismiss the proceeding as against such railroad company or enter an order
deciding and disposing of all of the matters hereinbefore submitted to its
jurisdiction.

HISTORY: 1952, c. 400; 1954, c. 122; 1962, c. 527; 1996, cc. 114, 157.