CODE OF VIRGINIA

PROCEEDING FOR FIXING COST OF MAINTAINING SUCH WARNING DEVICES AT PUBLIC GRADE
CROSSINGS (§ 56-406.2)

Whenever any automatically operated gate, signal or other automatic crossing
warning device has been or may hereafter be installed at any highway, road or
street grade crossing by any railroad company, the Commissioner of Highways or
the public road authority may agree with the railroad company involved as to the
division of the cost of the future maintenance of any such device or devices.
The basis for the division of costs shall be determined by the Department of
Rail and Public Transportation utilizing the calculated average maintenance cost
of all previous warning device maintenance performed and documented by all
railroads operating in Virginia. In the event that the Commissioner or the
public road authority and the railroad company involved are unable to agree upon
the share of the cost of maintenance of any such device or devices to be borne
by the railroad company, if any, then such railroad company may file a petition
with the State Corporation Commission setting forth the crossing protection
provided at such crossing, the terms of the contract and/or the conditions of
the order of said Commission or the public road authority under which it was
constructed and installed and the estimated future annual cost of maintaining
the same. Copies of such petition shall forthwith be served by the State
Corporation Commission upon the Commissioner of Highways or the public road
authority who shall, within twenty days after service of such petition, file an
answer thereto setting out reasons for declining to participate in the future
cost of maintaining such warning device or devices as requested by the railroad
company, and the Commission shall thereupon 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 what share of the cost of the future maintenance of such warning
device or devices, if any, shall be borne by the railroad company and/or the
Commonwealth Transportation Board or the public road authority, having regard to
the benefits, if any, accruing to such railroad company from the continued
maintenance of such protection of said public highway, road or street grade
crossing, and either dismiss the proceeding or enter an order deciding and
disposing of the matters therein submitted to its jurisdiction.

HISTORY: 1956, c. 626; 1962, c. 528; 1996, cc. 114, 157.