2006 Code of Virginia § 33.1-145.1 - Grade crossing closing and safety

33.1-145.1. Grade crossing closing and safety.

It is the public policy of the Commonwealth of Virginia to enhance publicsafety by establishing safe highway/orail grade crossings; to consolidate andclose unsafe, unnecessary, or redundant crossings; and to limit theestablishment of new crossings. The Commonwealth Transportation Board has theauthority to close public highway/orail grade crossings on the system ofhighways for which it has responsibility.

The Commissioner on his own motion or by request of any interested landowner,railroad corporation, county board of supervisors, or other governing bodymay petition the Commonwealth Transportation Board to close the highway/orailgrade crossing as a public road.

The Commissioner shall, prior to petitioning the Commonwealth TransportationBoard, conduct a traffic engineering study to determine the validity ofclosing the crossing. The traffic engineering study shall consider allfactors including but not be limited to: (i) the number of freight andpassenger trains passing the crossing and their timetable speeds, (ii) thedistance to an alternate crossing, (iii) the availability of alternateaccess, (iv) the crossing's accident history during the five-year periodimmediately prior to the study, (v) the number of vehicles per day using thecrossing, (vi) the posted speed limit at the crossing, (vii) the type ofwarning devices present at the crossing, (viii) the alignment of the roadwayand railroad and their angle of intersection, (ix) the number of trucks perday carrying hazardous materials through the crossing, (x) the number ofvehicles per day carrying passengers for hire through the crossing, (xi) thenumber of school buses per day using the crossing, and (xii) the use of thecrossing by emergency vehicles.

The results of the traffic engineering study shall be made public inaccordance with the procedures set forth in 33.1-145. The Commissionershall present his findings and recommendations to the CommonwealthTransportation Board and the Board shall decide what actions to be takenregarding the crossing(s) at issue.

(1996, cc. 114, 157.)