Title 81 — Title 81 TRANSPORTATION
35 chapters · 471 sections in this title.
RCW 81.44.085 First aid kits and drinking water—Penalty.
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(1) Every person operating a common carrier railroad in this state shall equip each locomotive and caboose used in train or yard switching service, and every car used in passenger service with a first aid kit of a type to be approved by the commission, which kit shall be plainly …
RCW 81.44.130 Safeguarding frogs, switches, and guardrails.
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Every railroad and street railroad operating in this state shall so adjust, fill, block and securely guard all frogs, switches and guardrails so as to protect and prevent the feet of persons being caught therein.[ 1961 c 14 s 81.44.130. Prior: 1911 c 117 s 68; RRS s 10404.]
RCW 81.44.170 Hazardous materials inspections—Authority for certified commission employees to enter property of certain businesses.
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Commission employees certified by the federal railroad administration to perform hazardous materials inspections may enter the property of any business that receives, ships, or offers for shipment hazardous materials by rail. Entry shall be at a reasonable time and in a reasonabl…
RCW 81.44.180 Annual work plan and inspection activity—Incorporation of certain data.
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(1) The commission shall, for the purposes of targeting high-risk inspections, incorporate data received from the department of ecology as required under RCW 90.56.565(4) in the development of its annual work plan and inspection activity.(2) Nothing in this section is intended to…
RCW 81.48.020 Obstructing or delaying train—Penalty.
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Every person who shall wilfully obstruct, hinder or delay the passage of any car lawfully operated upon any railway, shall be guilty of a misdemeanor.[ 1961 c 14 s 81.48.020. Prior: 1909 c 249 s 278; RRS s 2530.]
RCW 81.48.030 Regulating speed within cities and towns and at grade crossings—Exception.
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Except to the extent preempted by federal law, the right to fix and regulate the speed of railway trains within the limits of any city or town other than a first-class city, and at grade crossings as defined in RCW 81.53.010 where such grade crossings are outside the limits of ci…
RCW 81.48.040 Procedure to fix or change speed limits.
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(1) After due investigation, the commission shall make and issue an order fixing and regulating the speed of railway trains within the limits of cities and towns other than first-class cities. Except to the extent preempted by federal law, the speed limit to be fixed by the commi…
RCW 81.48.050 Trains to stop at railroad crossings.
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All railroads and street railroads, operating in this state shall cause their trains and cars to come to a full stop at a distance not greater than five hundred feet before crossing the tracks of another railroad crossing at grade, excepting at crossings where there are establish…
RCW 81.48.060 Penalty for violation of duty endangering safety.
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Every engineer, motor operator, grip operator, conductor, brake operator, switch tender, train dispatcher, or other officer, agent, or servant of any railway company, who shall be guilty of any willful violation or omission of his or her duty as such officer, agent, or servant, b…
RCW 81.48.070 Cruelty to stock in transit—Penalty.
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Railroad companies in carrying or transporting animals shall not permit them to be confined in cars for a longer period than forty-eight consecutive hours without unloading them for rest, water, and feeding for a period of at least two consecutive hours, unless prevented from so …
RCW 81.52.050 Fences—Crossings—Cattle guards.
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Every person, company, or corporation having the control or management of any railroad shall, outside of any corporate city or town, and outside the limits of any sidetrack or switch, cause to be constructed and maintained in good repair on each side of said railroad, along the l…
RCW 81.52.060 Fences—Liability for injury to stock.
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Every such person, company or corporation owning or operating such railroad shall be liable for all damages sustained in the injury or killing of stock in any manner by reason of the failure of such person, company or corporation, to construct and maintain such fence or such cros…
RCW 81.52.070 Fences—Negligence—Evidence.
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In all actions against persons, companies or corporations, operating steam or electric railroads in the state of Washington, for injury to stock by collision with moving trains, it is prima facie evidence of negligence on the part of such person, company or corporation, to show t…
RCW 81.53.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commission" means the utilities and transportation commission of Washington.(2) "Grade crossing" means any point or place where a railroad crosses a highway or a highw…
RCW 81.53.020 Grade separation required where practicable.
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All railroads and extensions of railroads hereafter constructed shall cross existing railroads and highways by passing either over or under the same, when practicable, and shall in no instance cross any railroad or highway at grade without authority first being obtained from the …
RCW 81.53.030 Petition for crossing—Hearing—Order.
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Whenever a railroad company desires to cross a highway or railroad at grade, it shall file a written petition with the commission setting forth the reasons why the crossing cannot be made either above or below grade. Whenever the legislative authority of a county, or the municipa…
RCW 81.53.040 Supplemental hearing—Change of route.
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If the commission finds that it is impracticable to construct an over-crossing or under-crossing on the established or proposed highway, and shall find that by deflecting the established or proposed highway a practicable and feasible over-crossing or under-crossing or a safer gra…
RCW 81.53.050 Requirements of order on change of route.
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If the commission finds and determines that a change in route of an existing highway, or vacation of a portion thereof, is necessary or advisable, it shall further find and determine what private property or property rights it is necessary to take, damage, or injuriously affect f…
RCW 81.53.060 Petition for alteration of crossing—Closure of grade crossing without hearing.
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The mayor and city council, or other governing body of any city or town, or the legislative authority of any county within which there exists any under-crossing, over-crossing, or grade crossing, or where any street or highway is proposed to be located or established across any r…
RCW 81.53.070 Hearing.
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At the conclusion of the hearing the commission shall make and file its written findings of fact concerning the matters inquired into in like manner as provided for findings of fact upon petition for new crossings. The commission shall also enter its order based upon said finding…
RCW 81.53.080 Restrictions on structures, railway equipment, in proximity of crossings—Minimum clearance for under-crossings.
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After February 24, 1937, no building, loading platform, or other structure which will tend to obstruct the vision of travelers on a highway or parkway, of approaching railway traffic, shall be erected or placed on railroad or public highway rights-of-way within a distance of one …
RCW 81.53.090 Duty to maintain crossings.
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When a highway crosses a railroad by an over-crossing or under-crossing, the framework and abutments of the over-crossing or under-crossing, as the case may be, shall be maintained and kept in repair by the railroad company, and the roadway thereover or thereunder and approaches …
RCW 81.53.100 Cost when railroad crosses highway.
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Whenever, under the provisions of this chapter, new railroads are constructed across existing highways, or highway changes are made either for the purpose of avoiding grade crossings on such new railroads, or for the purpose of crossing at a safer and more accessible point than o…
RCW 81.53.110 Cost when highway crosses railroad.
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Whenever, under the provisions of this chapter, a new highway is constructed across a railroad, or an existing grade crossing is eliminated or changed (or the style or nature of construction of an existing crossing is changed), the entire expense of constructing a new grade cross…
RCW 81.53.120 Cost when railroad crosses railroad.
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Whenever two or more lines of railroad owned or operated by different companies cross a highway, or each other, by an over-crossing, under-crossing, or grade crossing required or permitted by this chapter or by an order of the commission, the portion of the expense of making such…
RCW 81.53.130 Apportionment of cost.
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In the construction of new railroads across existing highways, the railroads shall do or cause to be done all the work of constructing the crossings and road changes that may be required, and shall acquire and furnish whatever property or easements may be necessary, and shall pay…
RCW 81.53.140 Time for performance.
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The commission, in any order requiring work to be done, shall have power to fix the time within which the same shall be performed and completed: PROVIDED, That if any party having a duty to perform within a fixed time under any order of the commission shall make it appear to the …
RCW 81.53.150 Practice and procedure.
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Modes of procedure under this chapter, unless otherwise provided in this chapter, shall be as provided in other provisions of this title. The commission is hereby given power to adopt rules to govern its proceedings and to regulate the mode and manner of all investigations and he…
RCW 81.53.160 Service of process.
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All notices required to be served by this chapter shall be in writing, and shall briefly state the nature of the matter to be inquired into and investigated. Notices may be served in the manner provided by law for the service of summons in civil cases, or by registered United Sta…
RCW 81.53.170 Judicial review.
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Upon the petition of any party to a proceeding before the commission, any finding or findings, or order or orders of the commission, made under color of authority of this chapter, except as otherwise provided, may be reviewed in the superior court of the county wherein the crossi…
RCW 81.53.180 Eminent domain.
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Whenever to carry out any work undertaken under this chapter it is necessary to take, damage, or injuriously affect any private lands, property, or property rights, the right so to take, damage, or injuriously affect the same may be acquired by condemnation as hereinafter provide…
RCW 81.53.190 Abatement of illegal crossings.
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If an under-crossing, over-crossing, or grade crossing is constructed, maintained, or operated, or is about to be constructed, operated, or maintained, in violation of the provisions of this chapter, or in violation of any order of the commission, such construction, operation, or…
RCW 81.53.200 Mandamus to compel performance.
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If any railroad company, county, municipality, or officers thereof, or other person, shall fail, neglect, or refuse to perform or discharge any duty required of it or them under this chapter or any order of the commission, the performance of such duty may be compelled by mandamus…
RCW 81.53.210 Penalty.
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If any railroad company shall fail or neglect to obey, comply with, or carry out the requirements of this chapter, or any order of the commission made under it, such company shall be liable to a penalty not to exceed five thousand dollars, such penalty to be recovered in a civil …
RCW 81.53.220 Obstructions in highways.
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Whenever, to carry out any work ordered under RCW 81.53.010 through 81.53.281 and 81.54.010, it is necessary to erect and maintain posts, piers, or abutments in a highway, the right and authority to erect and maintain the same is hereby granted: PROVIDED, That, in case of a state…
RCW 81.53.230 No new right of action conferred.
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Nothing contained in this chapter shall be construed as conferring a right of action for the abandonment or vacation of any existing highway or portion thereof in cases where no right of action exists independent of this chapter.[ 1961 c 14 s 81.53.230. Prior: 1913 c 30 s 20; RRS…
RCW 81.53.240 Scope of chapter.
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(1) Except to the extent necessary to permit participation by first-class cities in the grade crossing protective fund, when an election to participate is made as provided in RCW 81.53.261 through 81.53.291, or to the extent a first-class city requests to participate in the commi…
RCW 81.53.250 Employment of experts.
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The commission may employ temporarily such experts, engineers, and inspectors as may be necessary to supervise changes in existing crossings undertaken under this chapter; the expense thereof shall be paid by the railroad upon the request and certificate of the commission, said e…
RCW 81.53.261 Crossing signals, warning devices—Petition—Hearing—Order—Costs apportionment—Records not evidence for actions—Appeal.
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Whenever the secretary of transportation or the governing body of any city, town, or county, or any railroad company whose road is crossed by any highway, shall deem that the public safety requires signals or other warning devices, other than sawbuck signs, at any crossing of a r…
RCW 81.53.271 Crossing signals, warning devices—Petition contents—Apportionment of installation and maintenance costs.
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The petition shall set forth by description the location of the crossing or crossings, the type of signal or other warning device to be installed, the necessity from the standpoint of public safety for such installation, the approximate cost of installation and related work, and …
RCW 81.53.275 Crossing signals, warning devices—Apportionment when funds not available from grade crossing protective fund.
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In the event funds are not available from the grade crossing protective fund, the commission shall apportion to the parties on the basis of the benefits to be derived by the public and the railroad, respectively, that part of the cost which would otherwise be assigned to the fund…
RCW 81.53.281 Crossing signals, warning devices—Grade crossing protective fund—Use and transfer of funds—Allocation of costs—Procedure—Federal funding.
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There is hereby created in the state treasury a "grade crossing protective fund" to carry out the provisions of RCW 81.53.261, 81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants and/or subsidies to public, private, and nonprofit entities for rail safety projects authorize…
RCW 81.53.291 Crossing signals, warning devices—Operational scope—Election by first-class cities—Procedure.
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RCW 81.53.261 through 81.53.291 shall be operative within the limits of all cities, towns and counties, except cities of the first class. Cities of the first class may elect as to each particular crossing whether RCW 81.53.261 through 81.53.291 shall apply. Such election shall be…
RCW 81.53.295 Crossing signals, warning devices, etc.—Federal funds used to pay installation costs—Grade crossing protective fund—State and local authorities to pay remaining installation costs—Railroad to pay maintenance costs.
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Whenever federal-aid highway funds are available and are used to pay a portion of the cost of installing a grade crossing protective device, and related work, at a railroad crossing of any state highway, city or town street, or county road at the then prevailing federal-aid match…
RCW 81.53.400 Traffic control devices during construction, repair, etc. of crossing or overpass—Required.
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Whenever any railroad company engages in the construction, maintenance, or repair of a crossing or overpass, the company shall install and maintain traffic control devices adequate to protect the public and railroad employees, subject to the requirements of RCW 81.53.410 and 81.5…
RCW 81.53.410 Traffic control devices during construction, repair, etc. of crossing or overpass—Standards and conditions.
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All traffic control devices used under RCW 81.53.400 shall be subject to the following conditions:(1) Any traffic control devices shall be used at a repair or construction site only so long as the devices are needed or applicable. Any devices that are no longer needed or applicab…
RCW 81.53.420 Traffic control devices during construction, repair, etc. of crossing or overpass—Rules.
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The utilities and transportation commission shall adopt rules to implement the provisions of RCW 81.53.400 and 81.53.410 pursuant to chapter 34.05 RCW. The commission shall invite the participation of all interested parties in any hearings or proceedings taken under this section,…
RCW 81.53.430 Safety standards for private crossings along railroad tracks over which crude oil is transported—Adoption of rules.
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(1) To address the potential public safety hazards presented by private crossings in the state and by the transportation of hazardous materials in the state, including crude oil, the commission is authorized to and must adopt rules governing safety standards for private crossings…
RCW 81.53.900 Effective date—1975 1st ex.s. c 189.
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This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975.[ 1975 1st ex.s. c 189 s 4.]
RCW 81.54.010 Definitions.
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The term "grade crossing" when used in this chapter means any point or place where a logging or industrial railroad crosses a highway or a highway crosses such railroad or such railroad crosses any other railroad, at a common grade.The term "over-crossing" when used in this chapt…