2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 307 - DEPARTMENT OF TRANSPORTATION (DOT)
307.26 - RAIL AND WATER.

        307.26  RAIL AND WATER.
         The department's administrator for rail and water shall:
         1.  Advise and assist the director in conducting research on the
      basic railroad problems and identify the present capability of the
      existing railroads in order to determine the present obligation of
      the railroads to provide acceptable levels of public service.
         2.  Advise and assist the director in the development of rail
      transportation systems for expansion of passenger and freight
      services.
         3.  Advise and assist the director in developing programs in
      anticipation of railroad abandonment, including:
         a.  Development and evaluation of programs which will
      encourage improvement of rail freight and the upgrading of rail lines
      in order to improve freight service.
         b.  Development of alternative modes of transportation to
      areas and communities which lose rail service.
         c.  Advise the director when it may appear in the best
      interest of the state to assume the role of advocate in railroad
      abandonments and railroad rate schedules.
         4.  Develop and maintain a federal-state relationship of programs
      relating to railroad safety enforcement, track standards, rail
      equipment, operating rules and transportation of hazardous materials.

         5.  Advise and assist the director in the conduct of research on
      railroad-highway grade crossings and encourage and develop a safety
      program in order to reduce injuries or fatalities including, but not
      limited to, the following:
         a.  The implementation of a program of constructing rumble
      strips at grade crossings on selected hard surface roads.
         b.  The establishment of standards for warning devices for
      particularly hazardous crossings or for classes of crossings on
      highways, which standards are designed to reduce injuries, fatalities
      and property damage.  Such standards shall regulate the use of
      warning devices and signs which shall be in addition to the
      requirements of section 327G.2.  Implementation of such standards
      shall be the responsibility of the government agency or department or
      political subdivision having jurisdiction and control of the highway
      and such implementation shall be deemed adequate for the purposes of
      railroad grade crossing protection.  The department, or the political
      subdivision having jurisdiction, may direct the installation of
      temporary protection while awaiting installation of permanent
      protection.  A railroad crossing shall not be found to be
      particularly hazardous for any purpose unless the department has
      determined it to be particularly hazardous.
         c.  The development and adoption of classifications of
      crossings on public highways based upon their characteristics,
      conditions, and hazards, and standards for warning devices, signals,
      and signs of each crossing classification.  The department shall
      recommend a schedule for implementation of the standards to the
      government agency, department, or political subdivision having
      jurisdiction of the highway and shall provide an annual report to the
      general assembly on the development and adoption of classifications
      and standards under this paragraph and their implementation,
      including information about financing installation of warning
      devices, signals, and signs.  The department shall not be liable for
      the development or adoption of the classifications or standards.  A
      government agency, department, or political subdivision shall not be
      liable for failure to implement the standards.  A crossing warning or
      improvement installed or maintained pursuant to standards adopted by
      the department under this paragraph shall be deemed an adequate and
      appropriate warning for the crossing.
         6.  Apply for, accept, and expend federal, state or private funds
      for the improvement of rail transportation.
         7.  Advise and assist the director on studies for coordination of
      railway service with that of other transportation modes.
         8.  Advise and assist the director with studies of regulatory
      changes deemed necessary to effectuate economical and efficient
      railroad service.
         9.  Advise and assist the director regarding agreements with
      railroad corporations for the restoration, conservation or
      improvement of railroad as defined in section 327D.2, subsection 3,
      on such terms, conditions, rates, rentals, or subsidy levels as may
      be in the best interest of the state.  The commission may enter into
      contracts and agreements which are binding only to the extent that
      appropriations have been or may subsequently be made by the
      legislature to effectuate the purposes of this subsection.
         10.  Administer chapters 327C through 327H.
         11.  Perform such other duties and responsibilities as may be
      assigned by the director and the commission.
         12.  Advise and assist in the establishment and development of
      railroad districts upon request.
         13.  Conduct innovative experimental programs relating to rail
      transportation problems within the state.
         14.  Enter the role of "applicant" pursuant to the Railroad
      Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210,
      and take such actions as are necessary to accomplish this role.
         15.  Identify those segments of railroad trackage which, if
      improved, may provide increased transportation services for the
      citizens of this state.  The department shall develop and implement
      programs to encourage the improvement of rail freight services on
      such railroad trackage.
         16.  Promote river transportation and coordinate river programs
      with other transportation modes.
         17.  Advise and assist the director in the development of river
      transportation and port facilities in the state.  

         Section History: Early Form

         [C75, 77, § 307.26, 327H.19; C79, 81, § 307.26] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1920, 1921; 90 Acts, ch 1233, § 13; 94 Acts,
      ch 1199, §50; 2006 Acts, ch 1010, §84
         Referred to in § 321.342