Kentucky Administrative Regulations
Title 603 - TRANSPORTATION CABINET
Chapter 9 - Division of Planning
Section 603 KAR 9:020 - Automatic gates at public grade crossings
Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 189.561
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.561 requires the Transportation Cabinet to investigate any public grade crossing not equipped with automatic crossing gates, which has an average daily traffic volume of 4000 or more vehicles and at which two (2) or more accidents involving a train and other vehicle have occurred within a five (5) year period. Excluded are nonfatal accidents caused by mechanical failure of the motor vehicle, accidents in which the operator of the highway motor vehicle was in violation of KRS Chapter 189A, or other nonwarning signal related cause as set forth by the Transportation Cabinet in administrative regulation. This administrative regulation sets forth the list of nonwarning signal related accidents.
Section 1. Definition. "Public grade crossing" means as defined in KRS 177.010(4).
Section 2. Qualifying Accident. In evaluating the public grade crossing accident reports, the Transportation Cabinet shall exclude the reports showing the following causes or circumstances associated with the highway vehicle/train collision which are not related to a warning device:
Section 3. Abandoned Rail Line. If the rail line has been proposed for abandonment, the Transportation Cabinet shall not consider placement of automatic crossing gates unless the abandonment proposal is rejected.
21 Ky.R. 2343; 2718; eff. 6-1-1995; Crt eff. 3-11-2019.
STATUTORY AUTHORITY: KRS 189.561, 23 C.F.R. Part 924