Section 1680-09-01-.03 - DEFINITIONS(1) "AASHTO" means the American Association of State Highway and Transportation Officials.(2) "AASHTO Design Manual" means the most current edition and revisions of the AASHTO publication "A Policy on Geometric Design of Highways and Streets."(3) "Active warning device" means a traffic control device at a grade crossing activated by the approach or presence of a train, such as flashing light signals, bells, automatic gates, or similar devices, that warn motorists and pedestrians of the approach or presence of a train at the crossing.(4) "ADT" means average daily traffic.(5) "Commissioner" means the Commissioner of the State of Tennessee Department of Transportation.(6) "Construction" when used in reference to the construction of a public crossing means any of the following:(a) The actual physical construction of a new public crossing in a location where no grade crossing currently exists; or(b) The addition of a lane or lanes to a public road at an existing grade crossing; or(c) The addition of a railroad track or tracks at an existing public crossing.(7) "Conversion" when used in reference to a private crossing means a change in the use or legal status of the roadway at a grade crossing from a private road to a public road.(8) "Department" means the State of Tennessee Department of Transportation.(9) "Exposure" when used in reference to the standards for installing active warning devices at a grade crossing means the product of the average daily traffic on the roadway and the number of train crossings per day on the railroad track.(10) "FHWA" means the Federal Highway Administration, an agency of the United States Department of Transportation.(11) "FRA" means the Federal Railroad Administration, an agency of the United States Department of Transportation.(12) "FRA Highway-Rail Crossing Inventory Manual" means the most current edition and revisions of the FRA publication "Highway-Rail Crossing Inventory Instructions and Procedures Manual."(13) "Grade crossing" means the at-grade intersection of one or more railroad tracks with a public or private road.(14) "Grade separation" means a bridge, trestle, tunnel, culvert or other structure enabling one or more railroad tracks to cross over or under a public road or private road.(15) "Interconnection" means the communication connection between an active warning device and the roadway traffic controller assembly for the purpose of preemption.(16) "MUTCD" means the most current edition and revisions of the "Manual on Uniform Traffic Control Devices," which is published by the Federal Highway Administration.(17) "Passive warning device" means a traffic control device, such as a highway sign or marking, located at or in advance of a grade crossing to indicate the presence of a grade crossing but which does not activate or change upon the approach or presence of a train.(18) "Preemption" means the transfer of the normal operation of roadway traffic signals to a special control mode as a result of a signal received from a railroad active warning device system.(19) "Private crossing" means the at-grade intersection of one or more railroad tracks with a private road, where the roadway is a private road, as defined in this Rule, on both sides of the grade crossing. The purpose of this definition of "private crossing" is to identify the scope of the Department's authority to review plans for the proposed construction or conversion of a grade crossing under this Chapter, and it should not be construed to change or affect the legal status of a grade crossing as "public" or "private" for any other purpose.(20) "Private road" means a roadway owned by a private person or entity, or by a governmental entity in its proprietary capacity, that is not freely open to use by the public without permission but is available for use only by the owner or the owner's invitees (as may be evidenced by the presence of gates or no trespassing signs, maintenance by a private person or entity, or other relevant evidence indicative of private ownership and/or restricted use of the roadway) or any roadway determined to be a private road by a court of competent jurisdiction. The entrance of a private driveway onto a public road shall be considered a private road even though the entrance may be located on the public road right-of-way and may be maintained by a governmental entity, unless the private driveway is freely open to use by the public without permission.(21) "Public crossing" means the at-grade intersection of one or more railroad tracks with a public road, including any intersection where the roadway on either side of the grade crossing is a public road as defined in this Rule. The purpose of this definition of "public crossing" is to identify the scope of the Department's authority to review plans for the proposed construction or conversion of a grade crossing under this Chapter, and it should not be construed to change or affect the legal status of a grade crossing as "public" or "private" for any other purpose.(22) "Public road" means a roadway owned and/or maintained by a governmental entity or a private entity that is freely open to use by the public without permission, or any roadway determined to be a public road by a court of competent jurisdiction.(23) "Rail Safety Office" means the Rail Safety Office in the Public Transportation, Waterways and Rail Division of the State of Tennessee Department of Transportation, or any successor thereof as determined by the Department.(24) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder.(25) "TDOT Standard Roadway Drawings" means the most current edition and revisions of the Department's "English Standard Roadway Drawings," or the most current edition and revisions of the Department's "Metric Standard Roadway Drawings," if applicable.(26) "TDOT Standard Specifications for Road and Bridge Construction" means the Department's publication "Standard Specifications for Road and Bridge Construction," 1995 edition, together with the "Supplemental Specifications" as revised and published by the Department.(27) "USDOT" means the United States Department of Transportation.(28) "USDOT-AAR crossing inventory" means the national inventory of all grade crossings, public and private, which is maintained by the Federal Railroad Administration.Tenn. Comp. R. & Regs. 1680-09-01-.03
Original rule filed April 5, 2002; effective June 19, 2002. Rule has been assigned a new control number from 1680-12-1-.03 filed and effective February 1, 2003.Authority: T.C.A. § 65-11-101.