49 U.S.C. § 20161 — Fostering introduction of new technology to improve safety at highway-rail grade crossings

(a) Findings. Congress found: crashes between highway users and trains at grade crossings still cause deaths, injuries, and property damage; eliminating crossings altogether, through consolidation or grade separation, would help most, but over 140,000 public crossings remain, roughly one per route-mile; regular warning devices like flashing lights and gates usually work well where installed; since the Highway Safety Act of 1973, over $4.2 billion in federal money has gone to crossing safety, but most public crossings still lack active warning systems; new technology could make warnings better and cheaper; using new crossing technology will take real teamwork between highway authorities and railroads; and FRA's rules for processor-based signal and train control systems, together with the Federal Highway Administration's traffic-control-device manual, give a good framework for approving and using new technology.

(b) Policy. It's U.S. policy to encourage new technology that can prevent deaths and injuries at grade crossings. The Secretary of Transportation carries out this policy, working with states and other public and private groups.

(c) Submission of New Technology Proposals. Railroads and railroad-equipment suppliers can submit new crossing-safety technology to the Secretary for review. The Secretary approves qualifying technology by order, following FRA's standards for processor-based signal and train control systems, and must weigh the technology's effect on how highway users interact with it.

(d) Effect of Secretarial Approval. If the Secretary approves new warning technology by order and it's installed exactly as approved, that approval overrides any conflicting state law or regulation about whether the technology gives adequate warning at that crossing.