New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 14 - RAILROADS
Part 2 - RAILROAD SAFETY
Section 18.14.2.12 - OPENING AND CLOSING OF PUBLIC GRADE CROSSINGS
Current through Register Vol. 35, No. 6, March 26, 2024
A. Railroad companies are subject to the construction and maintenance requirements set forth in (NMSA 1978, Section 63-3-36 ) Section 63-3-36 NMSA 1978.
B. Exclusion of property owned by New Mexico department of transportation: The New Mexico department of transportation, and not the New Mexico public regulation commission, shall determine whether to open or close a crossing on a railroad property owned by the New Mexico department of transportation or on a state highway that crosses a railroad.
C. Subject to the exclusion set out in Subsection B of 18.14.2.12 NMAC, a person who believes that an additional public grade crossing is necessary and in the public interest may petition the commission for a determination regarding the need for such a crossing. The transportation division director shall promptly notice the pending petition for public comment, and the commission shall, as soon as practicable consistent with due process, hold a hearing, whereupon it may issue an order prohibiting or permitting the additional public grade crossing.
D. Subject to the exclusion set out in Subsection B of 18.14.2.12 NMAC, a person who believes that an existing public grade crossing is unnecessary or not in the public interest may petition the commission for a determination regarding the need for such a public grade crossing. The transportation division director shall promptly notice the pending petition for public comment, and the commission shall, as soon as practicable consistent with due process, hold a hearing, whereupon it may issue an order requiring that the existing public grade crossing be closed, kept open, or modified as needed to conform with current applicable safety standards.
E. Subject to the exclusion set out in Subsection B of 18.14.2.12 NMAC, a railroad company contemplating the closure of an existing public grade crossing of a public highway, city, town or village street at grade, must notify the transportation division director at least 60 days prior to any actual closure of such public grade crossing. The transportation division director shall promptly notice the pending closure for public comment, and the commission shall, as soon as practicable consistent with due process, hold a hearing, whereupon it may issue an order prohibiting or permitting the closure.
F. Railroad United States department of transportation (USDOT) identifiers shall be posted at each existing railroad crossing in New Mexico.
