New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 14 - RAILROADS
Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION
Section 18.14.4.7 - DEFINITIONS

A. "Active traffic control device" means those traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, all of which display to motorists positive warning of the approach or presence of a train.

B. "Agreement" means a contract between the department as the owner of the railroad and the party or parties who own, use, or have responsibility for a road that cross the rail line that describes responsibility for the grade crossing construction, repair, maintenance, inspection, and liability for the crossing and other items as may be appropriate at the grade crossing and adjacent traffic control signs. An agreement shall be negotiated between the department and the party or parties when approval for the construction or modification to the crossing has been given by the department secretary. A template agreement will be made available to any party requesting such document, but the final terms of the agreement will be subject to negotiation by the parties thereto.

C."Applicant" means an individual or company or local government or any other entity that submits a request in writing to the department rail manager for a new crossing, modification to an existing crossing, a change in designation from a private crossing to a public crossing, the closing of a crossing or the grade separation of a crossing, and who or which must be an adjacent property owner, the property owner's authorized representative or a governmental agency that maintains the road approaches to a crossing.

D. "Crossing" means a general area where a highway and the department's railroad right-of-way cross at the same level, within which are included the railroad tracks, highway or other roadway either publicly or privately owned or pedestrian crossing and any traffic control devices for highway traffic traversing that area. The crossing shall include the area of department owned railroad property from the property boundary on one side of the track to the property boundary on the other side.

E. "Department" means the New Mexico department of transportation.

F. "Diagnostic study" means a study of a highway railroad grade crossing and any adjacent factors that will have an impact upon the operation at the grade crossing. This study shall be initiated by the department rail manager and shall be conducted by a diagnostic team constituted by the rail manager. Any reports submitted shall be stamped and signed by a registered engineer licensed in the state of New Mexico. A diagnostic study of a crossing shall be based on criteria and standards identified in the reference documents in subsection B of 18.14.4.8 NMAC.

G. "Diagnostic team" means a group of knowledgeable representatives of the parties of interest in a railroad highway crossing or a group of crossings. A diagnostic team composition will be determined by the department rail manager and shall have the following members:

H. "FHWA" means the United States department of transportation federal highway administration.

I. "FRA" means the United States department of transportation federal railroad administration.

J. "Highway, road or roadway" means a general term denoting a public or private way for purpose of vehicular and other modes of travel. The names usually apply to the entire area within the right of way limits.

K. "License" means permission to a revocable non-possessory interest in land which the department grants for specific purposes without being subject to an action and trespass.

L. "Local government" means a municipality or county or agency or local authority that has jurisdiction for or control of the road or roadway that crosses or is proposed to cross land and railroad tracks controlled by the department. Local governments shall include Indian tribes or tribal governments as defined in federal law at 25 USC 450 b(e) and other sections.

M. "MUTCD" means the most current version of the federal highway administration manual on uniform traffic control devices.

N. "NMDOT" means the New Mexico department of transportation.

O. "NMDOT grade crossings" means crossings of railroad tracks that are owned by the department or the state transportation commission.

P. "Passive warning traffic control device" means those types of traffic control devices, including signs, markings and other devices, located at or in advance of grade crossings to indicate the presence of a crossing but which do not change aspect upon the approach or presence of a train.

Q. "Permit" means a temporary short or long term document approved by an applicant and the department with terms and conditions (i.e. contract, license or agreements), giving permission to enter department railroad property for a specific purpose and limited period of time to construct or maintain a crossing and for the crossing itself.

R. "Private crossing" means a crossing that is not on a public road and was opened by a private railroad or the department under the terms and conditions of an agreement with the department or a private railroad. At private crossings, the roadway is privately owned, as might be found on a farm or within an industrial complex, where the road is not intended for public use and is not maintained by a public entity.

S. "Public crossing" means a crossing where a public entity maintains the approach roads to the railroad grade crossing on both sides of the railroad track within the department owned railroad property.

T. "Rail manager" means the department rail section manager.

U. "Second party" means an individual or company or local government or any other entity that enters into an agreement with the department for a highway-railroad grade crossing of department owned railroad track.

V. "Secretary" means the New Mexico department of transportation secretary.