2005 Connecticut Code - Sec. 13b-292. (Formerly Sec. 16-119a). Private crossings; protection requirements.
Sec. 13b-292. (Formerly Sec. 16-119a). Private crossings; protection requirements. (a) For the purposes of this section, private crossing means any private way,
private drive or any facility other than a public highway for the use of pedestrians, motor
vehicles or other types of conveyances, which crosses at grade any railroad track. No
private crossing shall be established, except that the Commissioner of Transportation
may authorize the establishment of a private crossing if it is deemed necessary for the
economic welfare of the community but only after imposing specific requirements for
the protection of persons using the crossing. The cost of meeting such protection requirements shall be borne by the party requesting such private crossing or the town, city or
borough in which such crossing is located may, in its discretion, assume all or part of
such cost. The provisions of this section shall not apply to a private crossing used by a
railroad company in connection with its operation or for access to its facilities.
(c) The town, city or borough within which any private way leads to a private crossing from a town, city or borough highway, and the Commissioner of Transportation, in the case of any private way which leads to a private crossing from a state highway, shall erect and maintain at the entrance to such private way a suitable sign warning of the railroad grade crossing.
(d) The State Traffic Commission and the Commissioner of Transportation shall prescribe the nature of traffic control devices and traffic control measures to be erected at each private crossing and at approaches to such private crossings.
(e) The Commissioner of Transportation shall make all necessary orders for the closing of any private crossing if the commissioner finds that the necessity for such crossing has ceased or that such private crossing constitutes a hazard to public safety. The commissioner may order the consolidation into one crossing of two or more private crossings located in close proximity to each other.
(f) The provisions of section 13b-281 shall apply to private crossings.
(g) Representatives of towns, cities, boroughs, railroads and state agencies may enter private ways, drives or other facilities to the extent required to perform their duties pursuant to this section.
(h) Any person who fails to comply with traffic control measures installed pursuant to this section shall be fined not more than one hundred dollars.
(1961, P.A. 513; 1969, P.A. 768, S. 222; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 03-115, S. 74.)
History: 1969 act substituted in Subsec. (c) "commissioner of transportation" for "state highway commissioner"; P.A. 75-486 substituted "public utilities control authority" for "public utilities commission" and "authority" for "commission" where appearing, effective December 1, 1975; P.A. 77-614 and P.A. 78-303 substituted "commissioner of transportation" for "public utilities control authority" where appearing and "commissioner" for "authority" in Subsec. (e), effective January 1, 1979; in 1981 Sec. 16-119a transferred to Sec. 13b-292; P.A. 03-115 made technical changes in Subsecs. (a), (b), (d), (e) and (g).
Annotations to former section 16-119a:
Test under this section is whether in fact at the time of examination the road is other than a public highway. Regardless of its early history, the record supports the conclusion the road in dispute is now a public highway. 154 C. 674.
Subsec. (b):
Municipality not liable to individual for failure to maintain traffic control device. 25 CS 124.
Annotations to present section:
Cited. 33 CA 775, 779.
Subsec. (d):
Cited. 33 CA 775, 779.
Disclaimer: These codes may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.