2006 Code of Virginia § 56-406.2 - Proceeding for fixing cost of maintaining such warning devices at public grade crossings

56-406.2. Proceeding for fixing cost of maintaining such warning devices atpublic grade crossings.

Whenever any automatically operated gate, signal or other automatic crossingwarning device has been or may hereafter be installed at any highway, road orstreet grade crossing by any railroad company, the CommonwealthTransportation Commissioner or the public road authority may agree with therailroad company involved as to the division of the cost of the futuremaintenance of any such device or devices. The basis for the division ofcosts shall be determined by the Department of Rail and Public Transportationutilizing the calculated average maintenance cost of all previous warningdevice maintenance performed and documented by all railroads operating inVirginia. In the event that the Commissioner or the public road authority andthe railroad company involved are unable to agree upon the share of the costof maintenance of any such device or devices to be borne by the railroadcompany, if any, then such railroad company may file a petition with theState Corporation Commission setting forth the crossing protection providedat such crossing, the terms of the contract and/or the conditions of theorder of said Commission or the public road authority under which it wasconstructed and installed and the estimated future annual cost of maintainingthe same. Copies of such petition shall forthwith be served by the StateCorporation Commission upon the Commonwealth Transportation Commissioner orthe public road authority who shall, within twenty days after service of suchpetition, file an answer thereto setting out reasons for declining toparticipate in the future cost of maintaining such warning device or devicesas requested by the railroad company, and the Commission shall thereupon hearand determine the matter as other matters are heard and determined by thatbody. The Commission shall consider all the facts and circumstancessurrounding the case and shall determine what share of the cost of the futuremaintenance of such warning device or devices, if any, shall be borne by therailroad company and/or the Commonwealth Transportation Board or the publicroad authority, having regard to the benefits, if any, accruing to suchrailroad company from the continued maintenance of such protection of saidpublic highway, road or street grade crossing, and either dismiss theproceeding or enter an order deciding and disposing of the matters thereinsubmitted to its jurisdiction.

(1956, c. 626; 1962, c. 528; 1996, cc. 114, 157.)