                                 CODE OF VIRGINIA

PROCEEDINGS FOR INSTALLATION AND MAINTENANCE OF AUTOMATICALLY OPERATED GATES,
SIGNALS AND OTHER AUTOMATIC CROSSING WARNING DEVICES (§ 56-406.1)

Railroads shall cooperate with the Virginia Department of Transportation and the
Department of Rail and Public Transportation in furnishing information and
technical assistance to enable the Commonwealth to develop plans and project
priorities for the elimination of hazardous conditions at any crossing of a
public highway which crosses at grade including, but not limited to, grade
crossing elimination, reconstruction of existing grade crossings, and grade
crossing improvements. The Commonwealth shall provide each locality a listing of
grade crossing safety needs for its consideration. Information collected and
analyses undertaken by the designated state agencies are subject to 23 U.S.C. §
409. A railroad shall not unilaterally select or determine the type of grade
crossing warning system to be installed at any crossing of a public highway and
railroad at grade. The railroad shall only install or upgrade a grade crossing
warning system at any crossing of a public highway and railroad at grade
pursuant to an agreement with the Virginia Department of Transportation or
representative of the appropriate public road authority authorized to enter into
such agreements. A railroad is not required but is permitted to upgrade, at its
own expense, components of any public highway at grade warning system when such
upgrade is incidental to a railroad improvement project relating to track,
structures or train control systems.
		When required by the Commissioner of Highways or representative of the
appropriate public road authority, every railroad company shall cause a grade
crossing warning device including flashing lights approved by the Department of
Transportation at such heights as to be easily seen by travelers, and not
obstructing travel, to be placed, and maintained at each public highway at or
near each place where it is crossed by the railroad at the same level. Such
warning device shall be automatically activated by the approaching train so as
to be clearly discernible to travelers approaching the railroad crossing from
each direction at a distance of two-hundred feet. Such warning devices shall be
erected at the initiative of the appropriate public road authority only when
required by ordinance or resolution adopted by the Commissioner or the
appropriate public road authority thereof stating that such political
subdivision will pay the full initial installation cost of such warning devices
and that maintenance costs will be fixed as provided in § 56-406.2. A certified
copy of such ordinance or resolution shall be delivered to such railroad
company, and such railroad company shall forthwith install such warning devices
at the full initial cost of such public road authority. The cost of such
installation and maintenance of such warning devices may be shared by agreement
between such railroad company and the Commissioner of Highways or the
appropriate public road authority, when initiating such installation. The
railroad shall be responsible for the continuing maintenance of the warning
devices.
		In the event that such Commissioner or representative of the appropriate
public road authority and the railroad company or companies involved are unable
to agree on (i) the necessity for such grade crossing warning device, or (ii)
the plans and specifications for and the method and manner of construction or
operation thereof, or (iii) the share of the cost of construction, if any, to be
borne by the railroad company or companies involved, then the Commissioner of
Highways or representative of the appropriate public road authority, as the case
may be, shall petition the State Corporation Commission setting forth the grade
crossing warning devices desired and the plans and specifications for and the
method and manner of construction and operation of the devices desired and the
facts which, in the opinion of the petitioner, justify the requiring of the
same. Copies of the petition and plans and specifications shall be forthwith
served by the State Corporation Commission on the railroad company or companies
involved. Within twenty days after service on it of such petition and plans and
specifications, each such railroad company shall file an answer with the State
Corporation Commission setting out its objections to the proposed project, and
the Commission shall hear and determine the matter as other matters are heard
and determined by that body. The Commission shall consider all 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 of construction and operation
be proper and appropriate, and (c) what share of the cost of the project, if
any, to be borne by any railroad company involved is fair and reasonable, having
regard to the benefits, if any, accruing to such railroad company from providing
such grade crossing warning devices, and either dismiss the proceeding as
against such railroad company or enter an order deciding and disposing of all of
the matters hereinbefore submitted to its jurisdiction.

HISTORY: 1952, c. 400; 1954, c. 122; 1962, c. 527; 1996, cc. 114, 157.