2006 Code of Virginia § 56-406.1 - Proceedings for installation and maintenance of automatically operated gates, signals and other aut...

56-406.1. Proceedings for installation and maintenance of automaticallyoperated gates, signals and other automatic crossing warning devices.

Railroads shall cooperate with the Virginia Department of Transportation andthe Department of Rail and Public Transportation in furnishing informationand technical assistance to enable the Commonwealth to develop plans andproject priorities for the elimination of hazardous conditions at anycrossing of a public highway which crosses at grade including, but notlimited to, grade crossing elimination, reconstruction of existing gradecrossings, and grade crossing improvements. The Commonwealth shall provideeach locality a listing of grade crossing safety needs for its consideration.Information collected and analyses undertaken by the designated stateagencies are subject to 23 U.S.C. 409. A railroad shall not unilaterallyselect or determine the type of grade crossing warning system to be installedat any crossing of a public highway and railroad at grade. The railroad shallonly install or upgrade a grade crossing warning system at any crossing of apublic highway and railroad at grade pursuant to an agreement with theVirginia Department of Transportation or representative of the appropriatepublic road authority authorized to enter into such agreements. A railroad isnot required but is permitted to upgrade, at its own expense, components ofany public highway at grade warning system when such upgrade is incidental toa railroad improvement project relating to track, structures or train controlsystems.

When required by the Commonwealth Transportation Commissioner orrepresentative of the appropriate public road authority, every railroadcompany shall cause a grade crossing warning device including flashing lightsapproved by the Department of Transportation at such heights as to be easilyseen by travelers, and not obstructing travel, to be placed, and maintainedat each public highway at or near each place where it is crossed by therailroad at the same level. Such warning device shall be automaticallyactivated by the approaching train so as to be clearly discernible totravelers approaching the railroad crossing from each direction at a distanceof two-hundred feet. Such warning devices shall be erected at the initiativeof the appropriate public road authority only when required by ordinance orresolution adopted by the Commissioner or the appropriate public roadauthority thereof stating that such political subdivision will pay the fullinitial installation cost of such warning devices and that maintenance costswill be fixed as provided in 56-406.2. A certified copy of such ordinanceor resolution shall be delivered to such railroad company, and such railroadcompany shall forthwith install such warning devices at the full initial costof such public road authority. The cost of such installation and maintenanceof such warning devices may be shared by agreement between such railroadcompany and the Commonwealth Transportation Commissioner or the appropriatepublic road authority, when initiating such installation. The railroad shallbe responsible for the continuing maintenance of the warning devices.

In the event that such Commissioner or representative of the appropriatepublic road authority and the railroad company or companies involved areunable to agree on (i) the necessity for such grade crossing warning device,or (ii) the plans and specifications for and the method and manner ofconstruction or operation thereof, or (iii) the share of the cost ofconstruction, if any, to be borne by the railroad company or companiesinvolved, then the Commonwealth Transportation Commissioner or representativeof the appropriate public road authority, as the case may be, shall petitionthe State Corporation Commission setting forth the grade crossing warningdevices desired and the plans and specifications for and the method andmanner of construction and operation of the devices desired and the factswhich, in the opinion of the petitioner, justify the requiring of the same.Copies of the petition and plans and specifications shall be forthwith servedby the State Corporation Commission on the railroad company or companiesinvolved. Within twenty days after service on it of such petition and plansand specifications, each such railroad company shall file an answer with theState Corporation Commission setting out its objections to the proposedproject, and the Commission shall hear and determine the matter as othermatters are heard and determined by that body. The Commission shall considerall 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 ofconstruction and operation be proper and appropriate, and (c) what share ofthe cost of the project, if any, to be borne by any railroad company involvedis fair and reasonable, having regard to the benefits, if any, accruing tosuch railroad company from providing such grade crossing warning devices, andeither dismiss the proceeding as against such railroad company or enter anorder deciding and disposing of all of the matters hereinbefore submitted toits jurisdiction.

(1952, c. 400; 1954, c. 122; 1962, c. 527; 1996, cc. 114, 157.)