PRIA, Government Policy, Made Personal

Summary

Railroads must tell the U.S. Secretary of Transportation about every railroad crossing they use. They have to send current details, including signs and warning devices, in the form the Secretary requires. For crossings that were not reported before, railroads must report them within 1 year after the Rail Safety Improvement Act of 2008 became law or within 6 months after a new crossing opens, whichever is later. Starting no later than 2 years after that law and by September 30 each year (or on other dates the Secretary sets), railroads must send updated crossing information each year or make sure another railroad has done so. If a railroad sells a crossing on or after that law, it must report the ownership change by 18 months after the law or 3 months after the sale, whichever is later. The Secretary of Transportation will write rules to run this program and may keep enforcing the current national inventory policy until new rules take effect. Crossing: a place where a public or private road, or an authorized pedestrian/bike path, crosses railroad tracks. State: any U.S. State, the District of Columbia, or Puerto Rico.

Title 49, §20160

Transportation, Source: USLM XML via OLRC

(a)Initial Reporting of Information About Previously Unreported Crossings.—

Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall—

(1)report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or

(2)ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.

(b)Updating of Crossing Information.—

(1)On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall—

(A)report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or

(B)ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.

(2)A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing.

(c)Rulemaking Authority.—

The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.

(d)Definitions.—

In this section: (1) Crossing.—

(2)State.—

The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) to (c), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–94, § 11316(g)(1), substituted “concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates” for “concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates”. Subsec. (b)(1)(A). Pub. L. 114–94, § 11316(g)(2), substituted “concerning each crossing through which it operates with respect to the trackage over which it operates” for “concerning each crossing through which it operates or with respect to the trackage over which it operates”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

§20160 National Crossing Inventory