Title 49TransportationRelease 119-73not60

§20160 National Crossing Inventory

Title 49 › Subtitle SUBTITLE V— RAIL PROGRAMS › Part A— SAFETY › Chapter 201— GENERAL › Subchapter II— PARTICULAR ASPECTS OF SAFETY › § 20160

Last updated Apr 5, 2026|Official source

Summary

Railroad carriers must send up-to-date information to the Secretary of Transportation about every railroad crossing they use. For crossings never reported before, carriers must report no later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months after a new crossing starts operating, whichever is later. After that, carriers must report updates starting not later than 2 years after the date of enactment and then on or before September 30 of each year (or at other times the Secretary sets). Carriers can either report the information themselves or make sure another carrier that uses the crossing reports it. If a carrier sells a crossing on or after the date of enactment, it must report the ownership change no later than 18 months after the date of enactment or 3 months after the sale, whichever is later (or as the Secretary specifies). The Secretary of Transportation will write the rules needed to carry out these requirements and may keep enforcing the Department of Transportation’s current national crossing inventory policy until new rules replace it. Definitions: “crossing” — a place where a public or private road, or an authorized nonvehicular path, crosses one or more railroad tracks; “State” — a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Full Legal Text

Title 49, §20160

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(a)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)(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)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)In this section:
(1)The term “crossing” means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where—
(A)a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
(B)a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
(2)The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Legislative History

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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 20160

Title 49Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60