Current through September 17, 2024
Section 415-6-005 - MAINTENANCE AND REPAIR OF PUBLIC HIGHWAY-RAIL GRADE CROSSINGS005.01 The railroad company or railroad track owner shall have the obligation to inspect all public crossings for which they are responsible for conformity with the following maintenance and repair provisions:005.01A The railroad or railroad track owner shall maintain the crossing surface, end of tie to end of tie, in a safe condition. The crossing surfacing or the rails shall be adjusted or replaced whenever the distance between the elevation of the crossing or approach surface and the elevation of top of rail exceeds 2 inches, measured between the top of the railroad track and the plane of the approach roadway 2 feet outside the near rail. In those instances where the repair and maintenance of the railroad track causes the elevation of top of rail to exceed the elevation of the crossing surface by 2 inches or more, the railroad or railroad track owner shall bring the crossing into compliance with the standards expressed in Section 003.01C and 003.01D of this chapter. The approach pavement shall be tapered at a rate of not less than 10 feet for each inch of rise in the track. The only exception to this rule will be if the approach roadway geometrics make this physically and economically impossible.005.01B If the standards established in 005.01A cannot be met, the railroad or railroad track owner shall place signs as follows in conformance with the MUTCD: 005.01B1 DO NOT STOP ON TRACKS 005.01B2 HUMPED CROSSING.005.01C The railroad or railroad track owner shall treat, mow or remove any vegetation within an area 300 feet from the edge of the crossing as measured along the railroad and 50 feet from the outside track or to the railroad right of way line, whichever is less.005.01D The railroad or railroad track owner shall maintain the crossbuck sign and any signs attached to the crossbuck mast in a proper position and ensure the signs conform to the MUTCD.005.01E The railroad or railroad track owner shall maintain all active warning devices at crossings and ensure that train detection and control circuitry and signal systems and related components are in operable condition.005.01F Class I railroads shall post a sign at each mainline highway-rail grade crossing listing a toll-free telephone number that can be used to report emergencies and other conditions present at the crossing. Railroads below Class I shall list a telephone number that can be used to report emergencies and other conditions present at the crossing.005.02 The public entity with jurisdiction over the roadway leading to the crossing shall have the obligation to inspect all crossings which are the responsibility of the public entity for conformity with the following maintenance and repair provisions: 005.02A The public entity shall maintain the crossing approaches, including the area between multiple tracks, except for the area of the surfacing to be maintained by the railroad. When a road maintenance project causes the distance between the elevation of the crossing surface and the elevation of top of rail to exceed 2 inches, measured between the top of the railroad track and the plane of the approach roadway 2 feet outside the near rail, the public entity shall bring the crossing into compliance with the standards expressed in Section 003.01C of this chapter. The approach pavement shall be tapered at a rate of not less than 10 feet for each inch of rise in the roadway. The only exception to this rule will be if the approach roadway geometrics make this physically and economically impossible.005.02B If the standards established in 005.02A cannot be met, the public entity shall place signs as follows in conformance with the MUTCD: 005.02B1 DO NOT STOP ON TRACKS 005.02B2 HUMPED CROSSING.005.02C The public entity shall maintain any traffic control devices pertaining to the crossing and erected in advance of the crossing except as provided in Section 005.01D and Section 005.01E of this chapter.005.02D The public entity shall treat, mow or remove any vegetation within that portion of the sight triangle, as established in Section 002.01G, that is completely within the public entity's right of way if the height and density of the vegetation completely obscures the visibility of an oncoming train and to ensure that advance warning signs and crossing warning devices are clearly visible.005.03 The State of Nebraska, Department of Roads shall have no maintenance obligations at public or private crossings on driveways, streets, roads and highways that are not on the State highway system.415 Neb. Admin. Code, ch. 6, § 005