Section 291-4-002 - CLEARANCES002.01GENERAL.002.01(A)NOT RETROACTIVE. All existing structures, operating appurtenances, pole lines, service facilities, and track arrangements will be exempt from these regulations except as hereinafter provided.002.01(B)EXEMPTIONS. Exemptions from any of the requirements contained herein will be considered by the Commission upon proper application from the carriers, industries, or other interested persons. A request for such exemption must be accompanied by a full statement of the conditions existing, and the reasons why such exemption is asked. Any exemption so granted will be limited to the particular case covered by the application.002.01(C)EMERGENCIES. No restricted clearance set out herein will apply to false-work, shoe-fly tracks, or other temporary emergency conditions caused by derailments, washouts, slides, or other unavoidable disasters.002.01(D)CONSTRUCTION MATERIALS. No restricted clearances set out herein will apply to ballast, track material, or construction material unloaded on and adjacent to tracks for contemplated use thereon or in the immediate vicinity, nor shall they apply to false-work or temporary construction necessary on any construction project.002.01(E)WARNING SIGNS. Wherever an existing clearance is reduced, so as to endanger the life or limb of any person working along or upon any railroad engine or car, a sign warning such workman of the reduction will be maintained by the railroad.002.02DEFINITIONS. As used in Chapter 4 unless the context otherwise requires:002.02(A)EMERGENCY. Any case of casualty or unavoidable accident, trackage or signal failure, or equipment failure of the train causing a crossing blockage, or act of God.002.02(B)OVERHEAD CLEARANCE. The vertical distance from the top of the highest rail to a structure or obstruction above;002.02(C)SIDE CLEARANCE. The shortest horizontal distance from the center line of track to a structure or obstruction at the side of the track.002.02(D)TRACK CLEARANCE. The shortest horizontal distance between the center lines of adjacent tracks.002.03MINIMUM CLEARANCE FOR RAILROAD STRUCTURES.002.03(A)DESCRIPTION. As used in this section, minimum clearance is described as follows: Starting at the center line of track at top of rail and extending five feet six inches (5'6") both sides horizontally and level therewith, thence upward diagonally to a point four feet (4') above top of rail and eight feet (8') laterally from center line of track, thence vertically to a point sixteen feet (16') above top of rail, thence diagonally upward to a point twenty-two feet zero inches (22.0") above top of rail and four feet (4') horizontally from center of track, thence horizontally to center of track.002.03(B)CHANGES IN TRACK LOCATION OR ELEVATION. No changes in track location or elevation will hereafter be made which will reduce existing vertical or horizontal structural clearances below the minimum specified in Chapter 4.002.03(C)CHANGES ADJACENT TO TRACKS. No repair or maintenance work will hereafter be done on structures, facilities or appurtenances adjacent to tracks which will reduce existing vertical or horizontal structural clearance below the minimum specified in Chapter 4.002.04NON-CONFORMANCE.002.04(A)REPAIR OF NON-CONFORMING STRUCTURES. Where an existing structure does not provide clearance equal to the minimum of subsection 002.03(A) or such other minimum which may be herein specified, the portion of the structure producing the impaired clearance may be repaired and maintained by partial replacements.002.04(B)REPLACEMENT OF NON-CONFORMING STRUCTURES. When the owner replaces in its entirety the portion of a structure which has not previously provided standard clearance, the rebuilt portion must, when complete, provide the full standard clearance of Chapter 4 unless otherwise ordered by the Commission.002.04(C)NON-CONFORMING TRACKS AND YARDS. Existing tracks of all kinds may be maintained by reballasting, resurfacing, and replacing rails and ties subject to the limitations of Subsection 002.01A. Where existing yards are completely replaced or are partially replaced as a unit or section of a master plan, the arrangement must meet the provisions of Chapter 4 both as to track centers and clearance to structures and other facilities being built in connection with and as a part of such plan. Existing structures which are to remain and which do not provide the minimum clearance of Subsection 002.03A with respect to the proposed new tracks must be approved by the Commission for exemption from the terms of Chapter 4. Existing tracks having less vertical clearance than that specified in Subsection 002.03A may be maintained but the top of rail may not be raised without a corresponding raise of the overhead structure so as to maintain the existing available clearance. Existing tracks having less horizontal clearance between them than is herein specified for new construction or having less horizontal clearance to structures than is specified in Subsection 002.03A may be maintained but they may not be shifted horizontally to reduce either the existing track centers or the existing structural clearance.002.05OVERHEAD CLEARANCE.002.05(A)GENERAL. Overhead clearances will be a minimum of twenty-two feet six inches (22' 6") unless specified in another subsection.002.05(B)IN BUILDINGS. The overhead clearance inside of enclosed buildings may be reduced to:002.05(B)(ii). Eighteen feet zero inches (18' 0") only for tracks terminating within the building or in the immediate plant area if said tracks should extend through the building.002.05(B)(ii). Seventeen feet zero inches (17'0") for overhead clearance of doors, provided that engine houses and railroad shops are exempt from the requirements of this section.002.05(C)IN TUNNELS. The minimum overhead clearance in tunnels may be decreased to the extent defined by the half circumference of a circle having radius of eight feet (8') and tangent to a horizontal line twenty-three feet (23') above the top of rail at a point directly over the center line of track.002.05(D)IN THROUGH BRIDGES. Overhead clearance in through bridges will require telltales if built less than twenty-two feet six inches (22'6") overhead clearance.002.05(E)ALL OTHER STRUCTURES. Except as herein specifically provided, all other structures will have the clearance described as follows: Starting at the center of track at top of rail and extending six feet (6') both sides horizontally and level therewith, thence diagonally upward to a point four (4) feet above top of rail and eight feet six inches (8'6") laterally from center of track, thence vertically upward to a point fifteen feet nine inches (15'9") above top of rail, thence diagonally upward to a point twenty-two feet six inches (22'6") above top and rail and four feet (4') horizontally from center of track, thence horizontally to center of track. Overhead clearance for structures other than buildings may be reduced if overhead telltales are maintained for clearances less than twenty-two feet zero inches (22'0") which must have been approved by the Commission.002.05(F)WIRES. All wires in general will have a minimum vertical clearance of not less than that specified by the National Electrical Safety Code as published by the United States Department of Commerce, National Bureau of Standards, or any revisions thereto.002.06SIDE CLEARANCE.002.06(A)GENERAL. Wherever practicable, all posts, pipes, warning signs and other small obstructions will be given a side clearance of eight feet six inches (8'6").002.06(B)PLATFORMS. The following side clearances apply to both mainline and side tracks unless otherwise indicated, but do not apply to engine houses, railroad shop buildings, and passenger platforms at car floor height: 002.06(B)(i). Platforms eight inches (8") or less above top of rail will be five feet zero inches (5'0") from center of the track.002.06(B)(ii). Platforms four feet (4') or less above top of rail (except as provided in 1) will be as follows:002.06(B)(ii)(a). Platform on side tracks will be five feet nine inches (5'9")002.06(B)(ii)(b). If side clearance is reduced to five feet nine inches (5'9") on one side, a full clearance of eight feet six inches (8'6") will be maintained on the opposite side.002.06(B)(iii). Platforms more than four feet (4') above top of rail side will be a minimum of eight feet zero inches (8'0")002.06(B)(iv). Platforms on main line tracks and passing tracks will be eight feet six inches (8'6")002.06(B)(v). Retractable platforms, permitted on side tracks only, either sliding or hinged, which are attached to a permanent structure, must be so constructed that when retracted or in a non-working position and firmly secured or anchored, the resulting clearance shall not be less than the clearances provided in these regulations.002.06(C)TUNNELS AND BRIDGES. The minimum side clearance for tunnels and bridges is eight feet zero inches (8'0") 002.06(C)(i).TUNNELS - UPPER SECTION. Side clearances in tunnels may be decreased to the extent defined in Subsection 002.05C.002.06(C)(ii).BRIDGES . Lower section and structures at or less than four feet zero inches (4'0") above top of rail: Same clearances as set forth in Subsection 002.03A; provided, that the clearances authorized in this section are not permitted on through bridges where the work of trainmen require them to be upon the decks of such bridges for the purpose of coupling or uncoupling cars in the performance of switching service on a switching lead.002.06(D)INTERLOCKING MECHANISM. The minimum side clearance for interlocking mechanisms is three feet zero inches (3'0"). This includes switch boxes, and switch operating mechanism necessary for the control and operation of signals and interlockers projecting four inches (4") or less above the top of rail.002.06(E)MAIL CRANES AND TRAIN ORDER STANDS. The minimum side clearance for mail cranes and train order stands not in operative position is eight feet six inches (8'6").002.06(F)OIL AND WATER COLUMNS. The minimum side clearance for oil and water columns is eight feet zero inches (8'0")002.06(G)ELECTRIC SUPPLY AND COMMUNICATION LINE POLES. The minimum side clearance for such poles shall be governed by the National Electrical Safety Code and all additions and amendments thereto.002.06(H)SIGNALS AND SWITCH STANDS.002.06(H)(i). The minimum side clearance for signals and switch stands will be six feet zero inches (6'0") if such signals are three feet (3') high or less above top of rail when located between tracks or where not practicable to provide clearances otherwise prescribed in this section.002.06(H)(ii). The minimum side clearance for signals and switch stands over three feet 3' high above top of rail will be eight feet three inches (8'3").002.06(H)(iii). Signals and portions of signal poles higher than four feet (4') and less than sixteen feet (16') above top of rail will have a minimum side clearance of eight feet six inches (8'6").002.06(I)BUILDING ENTRANCES. The minimum side clearance inside buildings is seven feet zero inches (7'0"). Such clearance may be reduced on one side of the track to five feet nine inches (5'9") not more than four inches (4") above top of rail, provided that a side clearance of eight feet six inches (8'6") is maintained on the opposite side.002.06(J)CURVED TRACK. The horizontal clearances specified herein relate to tracks on tangent. On curved track, the clearances shall be increased to allow for the overhang and the tilting of a car eighty-five feet (85') long, sixty feet (60') between centers of trucks, and fourteen feet (14') high.002.06(K)MATERIAL AND OTHER ARTICLES ADJACENT TO TRACK. The minimum side clearance for material and other articles adjacent to track is eight feet six inches (8'6").002.07TRACK CLEARANCES.002.07(A)IN GENERAL. The minimum distance between the center lines of parallel standard gauge railroad tracks, which are used or proposed to be used for transporting freight cars, will be fourteen feet (14'), except as hereinafter prescribed.002.07(B)MAIN AND SUBSIDIARY TRACKS. The minimum distance between main and passing tracks will be fifteen feet (15').002.07(C)PARALLEL TEAM, HOUSE OR INDUSTRY TRACKS. The minimum distance between parallel team, house, or industry tracks will be thirteen feet (13').002.07(D)LADDER TRACKS. Minimum clearances shall be as follows: 002.07(D)(i). Ladder track and any parallel track, except another ladder track will be seventeen feet (17').002.07(D)(ii). Ladder track and another parallel ladder track will be twenty feet (20').002.07(E)EXISTING TRACKS. Existing tracks may be extended at clearances prevailing prior to the effective date of these regulations.002.08PUBLIC ROADS, HIGHWAYS AND STREET CROSSINGS OVER OR UNDER TRACKS.002.08(A)ROADS, HIGHWAYS OR STREET CROSSINGS OVER RAILROAD TRACK: Where a public road, highway or street crosses above any railroad track used or proposed to be used for transporting freight cars, side clearance in general provided in Chapter 4 for such tracks must be observed. Minimum overhead clearance will be twenty-three feet zero inches (23'0").002.08(B)RAILROAD CROSSINGS OVER ROADS, HIGHWAYS OR STREET. Where a railroad crosses above any public road, highway, or street, a minimum overhead clearance of fourteen feet zero inches (14'0") will be provided above the surface of such road, highway or street. Where a railroad crosses above any highway of the State Highway System or any street or highway of the Federal Aid Urban Systems, a minimum overhead clearance of fifteen feet zero inches (15'0") will be provided above the surface of such highway or street.002.08(C)MINIMUM WIDTH AT CROSSINGS. Where a railroad or street railroad crosses above any public road, highway, or street, on a single supporting span, a minimum width of twenty-six feet (26') will be provided for the opening for such public road, highway or street. Where a railroad or street railroad crosses any highway of the State Highway System, or any street or highway of the Federal Aid Urban System, on a single supporting span, a minimum width of thirty feet (30') will be provided for the opening of such highway or street. Where two or more supporting spans are used for such an opening, the minimum widths above specified will be provided for each of such supporting spans.002.09RAILROAD CAR STORAGE OR PARKING DISTANCE FROM CROSSINGS.002.09(A). Upon complaint or on its own motion, the Commission may direct that any railroad car or cars stored or parked on a railroad track which may be obstructing or obscuring the traveling public's view of any oncoming train be stored or parked at a minimum distance from the crossing of such railroad track and particular public road.002.09(B). A person who has been directed by the Commission under 002.09A to move a railroad car or cars may file an application for a hearing on the matter. The Commission will hear the matter within seven (7) days of the filing of the application.002.09(C). After notice and hearing, the Commission may establish a specific minimum distance for storage or parking of a railroad car or cars from the crossing of a railroad track and a particular public road, and it will be that distance reasonable and necessary to provide a range of vision at the crossing adequate to protect the safety of the public using the crossing.002.09(C)(i). Unless a different distance is prescribed by the Commission, railroad cars, locomotives and equipment will not be parked nor stored within 250 feet from any public or private crossings, of multiple adjacent railroad tracks, except upon written waiver from the Commission, or from private crossing owners. In the event of single track blockages, crossings will be opened a safe distance as will be determined by the operating railroad employee when the way is seen to be clear.002.09(D). Standing trains, parked or stored cars, locomotives, equipment and switching movements will not block a public or private crossing longer than ten (10) minutes after a person appears and wants to cross a crossing, except in case of emergency. In a situation where a standing train has an operating crew on that train, and a multiple access crossing that is blocked is visible and accessible from the locomotive, such crossing need not be opened if a vehicle or pedestrian is not present at the expiration of ten (10) minutes. However, it will be opened or the train must be moving within ten (10) minutes after a pedestrian or vehicle becomes present at that crossing.002.10CROSSING GATES. All operating railroads within this state will clearly mark the location of the actuating devices (bonds) which control crossing gate operation.291 Neb. Admin. Code, ch. 4, § 002
Amended effective 5/5/2024