Section 15 – Establishment and regulation of grade crossings.

Effective 5/4/2022
54-4-15. Establishment and regulation of grade crossings.

• (1)
  • (a) No track of any railroad shall be constructed across a public road, highway or street at grade, nor shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade, nor shall the track of a street railroad corporation be constructed across the track of a railroad corporation at grade, without the permission of the Department of Transportation having first been secured; provided, that this subsection shall not apply to the replacement of lawfully existing tracks.
  • (b) The department shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe.

• (2) The department shall have the power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each crossing of one railroad by another railroad or street railroad, and of a street railroad by a railroad and of each crossing of a public road or highway by a railroad or street railroad, and of a street by a railroad or vice versa, and to alter or abolish any such crossing, to restrict the use of such crossings to certain types of traffic in the interest of public safety and is vested with power and it shall be its duty to designate the railroad crossings to be traversed by school buses and motor vehicles carrying passengers for hire, and to require, where in its judgment it would be practicable, a separation of grades at any such crossing heretofore or hereafter established, and to prescribe the terms upon which such separation shall be made and the proportions in which the expense of the alteration or abolition of such crossings or the separation of such grades shall be divided between the railroad or street railroad corporations affected, or between such corporations and the state, county, municipality or other public authority in interest.

• (3)
  • (a) The department shall allocate responsibility for the costs of maintenance of railroad crossings, including maintenance of safety devices and crossing materials, between the railroad and the public agency involved.
  • (b) The department’s allocation may be based on ownership and control of the right-of-way, crossing materials, signals and devices, or other factors as appropriate to protect the public safety.
  • (c) The allocation of maintenance responsibilities for the costs of a railroad crossing shall be determined by the department unless a written request for review of the determination for a specific railroad crossing is made to the department, in which case the department shall conduct a review of the maintenance allocations for the railroad crossing, and may modify the allocation.
  • (d) Responsibility for the costs of maintenance as determined by the department shall not be subject to modification or waiver by agreement between the railroad and the highway authority without department approval.
  • (e) Physical maintenance and labor performed on an at-grade railroad crossing shall:
    • (i) be reserved to the railroad;
    • (ii) be performed by railroad employees; and
    • (iii) comply with Code of Federal Regulations, Title 49, Transportation.

• (4)
  • (a) Railroad crossing improvements and new crossings which are funded solely by non-federal funds may be required or authorized by the department based on a determination that the improvement or new crossing will improve the overall safety of the public, which determination shall be made after coordination with the railroad, affected highway authority, and communities in accordance with requirements established to determine the need, design, and impacts of the new or improved crossing.
  • (b) The railroad company affected by the improvement shall timely enter into a written agreement with the department to design and install improvements as determined necessary.
  • (c) If a railroad company does not make reasonable efforts to participate in determining the need, design, and impacts of a new or improved crossing, does not timely enter into an agreement with the department, or fails to timely provide a design and install improvements as determined necessary, the department may impose and the railroad shall pay a penalty consistent with Section 54-7-25.

• (5) A railroad company affected by a new or improved railroad crossing may not require up-front payment of costs as a condition for the railroad company’s review, approval, and inspection of a new or improved railroad crossing.

• (6) Whenever the department shall find that public convenience and necessity demand the establishment, creation or construction of a crossing of a street or highway over, under or upon the tracks or lines of any public utility, the department may by order, decision, rule or decree require the establishment, construction or creation of such crossing, and such crossing shall thereupon become a public highway and crossing.

• (7)
  • (a) The commission retains exclusive jurisdiction for the resolution of any dispute upon petition by any person aggrieved by any action of the department pursuant to this section, except as provided under Subsection (7)(b).
  • (b) If a petition is filed by a person or entity engaged in a subject activity, as defined in Section 19-3-318, the commission’s decision under Subsection (7)(a) regarding resolution of a dispute requires the concurrence of the governor and the Legislature in order to take effect.
  • (c) The department may:
    • (i) direct commencement of an action as provided for in Section 54-7-24 in the name of the state to stop or prevent a violation of a department order issued to protect public safety by a railroad company, person, or entity; and
    • (ii) petition the commission to assess and bring an action as provided for in Section 54-7-21 to recover penalties for failure of a railroad company, person, or entity to comply with a final order of the department issued pursuant to the department’s authority under this section.

Amended by Chapter 314, 2022 General Session