Current through Rules and Regulations filed through December 27, 2023
Any railroad may file a petition requesting an order to
eliminate a highway-rail grade crossing on any public road. The petition shall
include a location map showing the crossing, the corresponding railroad
crossing inventory number, and the name of the city and/or county in which the
crossing is located along with the information required under O.C.G.A. Section
32-6-193.1.
Railroads shall report the same information that they normally report to U.S.
D.O.T. and the Federal Railroad Administration whenever possible.
Both the governing authority and the railroad shall have the
right to challenge the validity of data submitted by the other party. Both
parties shall make good faith efforts to reach agreement regarding the data
used to reach a determination of safety. Any disagreements that are not
mutually resolved shall be settled during the appeal process.
(a) Petition requesting an order to eliminate
a highway-rail grade crossing.
1. State
Routes. The railroad shall submit the petition regarding a state highway to the
GDOT, Railroad Crossing Program Manager, 935 E. Confederate Avenue, Building
24, Atlanta, Georgia 30316 by certified mail or statutory overnight
delivery.
2. Local Roads and
Streets. The railroad shall submit the petition regarding a city street or
county road to the applicable local governing authority.
(b) Public Hearing.
1. The appropriate state or local governing
authority in receipt of a completed petition to eliminate a railroad crossing
shall conduct a public hearing on the issue prior to deciding whether to grant
or deny the petition to eliminate the railroad crossing. The purpose of the
public hearing shall be to inform the public of the proposed action, to gather
supporting data regarding hardship cases and to validate data being gathered
for use in making an overall determination regarding elimination. The public
hearing shall be held within 60 days after receiving the petition. The
applicable governing authority shall render a decision on the petition within
90 days of receipt.
2. The
governing authority shall advertise the public hearing by posting a "Notice of
Public Hearing" signage at the railroad crossing under review. Signage shall be
placed on each approach leading up to the crossing and shall be at least 24" x
36" in size. The sign shall provide information regarding the date, time and
location of the public hearing. A minimum of two additional signs shall be
placed at the location of the public hearing with one sign inside the building
and one sign outside the building.
3. The governing authority conducting the
public hearing shall provide a written record of all oral comments and
responses. Additionally the governing authority conducting the public hearing
shall provide public comment forms to record and document all written comments.
Written comments shall be accepted for five (5) calendar days following the
said public hearing and the appropriate address for submitting such comments
shall be printed on the public comment form.
4. The governing authority conducting the
public hearing shall be responsible for retaining a written record of all
public comments (written and oral), any responses provided, along with any
displays, maps and/or other relative documents used in conducting the public
hearing. The governing authority shall retain these items for at least one (1)
year following the public hearing.
O.C.G.A. Secs.
32-2-2, 32-6-193.1, 50-13-4, 50-13-6.
Original Rule entitled
"Procedural Steps" adopted. F. Nov. 13,
2003; eff. Dec. 3, 2003.
