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49 U.S.C. § 20160National crossing inventory

submitted 18 years ago by Pub. L. 110-432 to r/title-49-TRANSPORTATION · 511 words · no verdicts yet

in plain englishAI-generated · not legal advice

Railroads must report information about every highway-rail crossing they use to the Secretary of Transportation. This includes warning devices, signs, and changes when a crossing is sold. The Secretary can make rules to run this national crossing inventory.

(a) Initial Reporting of Information About Previously Unreported Crossings. Within 1 year after the Rail Safety Improvement Act of 2008 was enacted, or within 6 months after a new crossing opens, whichever is later, each railroad must either report current details, including warning devices and signage, about every crossing it uses that hasn't been reported yet, or make sure another railroad using that same crossing has already reported it. (b) Updating of Crossing Information. Starting no later than 2 years after the 2008 Act, and by September 30 every year after that, or on whatever schedule the Secretary sets, each railroad must report current information about every crossing it uses, or confirm another railroad has already reported it. If a railroad sells all or part of a crossing on or after the 2008 Act's enactment, it must report the ownership change within 18 months of the Act, or 3 months after the sale, whichever is later, or on a schedule the Secretary sets. (c) Rulemaking Authority. The Secretary must issue the rules needed to run this section. Until new rules replace it, the Secretary may enforce the Department's existing national highway-rail crossing inventory policy that was in effect when the 2008 Act was enacted. (d) Definitions. A "crossing" is a place, not where two rail tracks cross each other, where a public or private road, including sidewalks and paths, crosses one or more rail tracks, at grade or grade-separated; or where a path set aside by a public authority or a railroad for walkers, bikers, and others, not tied to a road, crosses rail tracks. "State" means any U.S. state, the District of Columbia, or Puerto Rico.
the actual law source: uscode.house.gov ↗public domain
(a)Initial Reporting of Information About Previously Unreported Crossings.—

Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall—

(1)

report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or

(2)

ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.

(b)Updating of Crossing Information.—
(1)

On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall—

(A)

report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or

(B)

ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.

(2)

A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing.

(c)Rulemaking Authority.—

The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.

(d)Definitions.—

In this section:

(1)Crossing.—

The term “crossing” means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where—

(A)

a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or

(B)

a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.

(2)State.—

The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Source credit: (Added Pub. L. 110–432, div. A, title II, § 204(a), Oct. 16, 2008, 122 Stat. 4869; amended Pub. L. 114–94, div. A, title XI, § 11316(g), Dec. 4, 2015, 129 Stat. 1676.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-432 · 122 Stat. 4869
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1676

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-432 on 2008-10-16.

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