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49 U.S.C. § 20152Notification of grade crossing problems

submitted 32 years ago by Pub. L. 103-440 to r/title-49-TRANSPORTATION · 351 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation must require railroads to run a toll-free hotline. It reports problems at grade crossings, like broken signals or blocked tracks. Railroads must then warn nearby trains and alert safety officials as needed. Crossings must post signs with the hotline number, and small railroads may sometimes skip the toll-free rule.

(a) In General. Within 18 months after the Rail Safety Improvement Act of 2008 became law, the Secretary of Transportation had to require every railroad carrier to: (1) set up and maintain a toll-free phone line, for each right-of-way where it runs trains, to directly take calls reporting malfunctioning signals, crossing gates, or other safety devices at a grade crossing; a disabled vehicle blocking the tracks at a crossing; something blocking a pedestrian's or driver's view of an approaching train from either direction; or other safety information about that crossing; (2) after getting a report about a malfunction or disabled vehicle, immediately warn trains operating near that crossing; (3) after warning the trains, contact the right public safety officials if needed, so they can direct traffic, help remove a disabled vehicle, or otherwise respond; (4) after getting a report about a blocked view or other safety issue, promptly look into it, remove the obstruction if possible, or otherwise fix the unsafe situation; and (5) post a sign at every grade crossing on rights-of-way it owns, showing at least the toll-free number for reporting problems on that right-of-way, an explanation of what the number is for, and the crossing's ID number from the Department of Transportation's National Highway-Rail Crossing Inventory. (b) Waiver. The Secretary may waive the toll-free requirement for smaller railroads — Class II and Class III carriers — if the Secretary decides that a toll-free line would cost too much or is not needed.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall require each railroad carrier to—

(1)

establish and maintain a toll-free telephone service for rights-of-way over which it dispatches trains, to directly receive calls reporting—

(A)

malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad tracks on those rights-of-way and public or private roads;

(B)

disabled vehicles blocking railroad tracks at such grade crossings;

(C)

obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train’s approach; or

(D)

other safety information involving such grade crossings;

(2)

upon receiving a report pursuant to paragraph (1)(A) or (B), immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle;

(3)

upon receiving a report pursuant to paragraph (1)(A) or (B), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having jurisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate;

(4)

upon receiving a report pursuant to paragraph (1)(C) or (D), timely investigate the report, remove the obstruction if possible, or correct the unsafe circumstance; and

(5)

ensure the placement at each grade crossing on rights-of-way that it owns of appropriately located signs, on which shall appear, at a minimum—

(A)

a toll-free telephone number to be used for placing calls described in paragraph (1) to the railroad carrier dispatching trains on that right-of-way;

(B)

an explanation of the purpose of that toll-free telephone number; and

(C)

the grade crossing number assigned for that crossing by the National Highway-Rail Crossing Inventory established by the Department of Transportation.

(b)Waiver.—

The Secretary may waive the requirement that the telephone service be toll-free for Class II and Class III rail carriers if the Secretary determines that toll-free service would be cost prohibitive or unnecessary.

Source credit: (Added Pub. L. 103–440, title III, § 301(a), Nov. 2, 1994, 108 Stat. 4626; amended Pub. L. 104–287, § 5(50), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, § 205(a), Oct. 16, 2008, 122 Stat. 4872.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-440 · 108 Stat. 4626
  • 1996Amended · Pub. L. 104-287 · 110 Stat. 3393
  • 2008Amended · Pub. L. 110-432 · 122 Stat. 4872

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-440 on 1994-11-02.

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