Utah Administrative Code
Topic - Transportation
Title R930 - Preconstruction
Rule R930-5 - Establishment and Regulation of At-Grade Railroad Crossings
Section R930-5-8 - Maintenance
Universal Citation: UT Admin Code R 930-5-8
Current through Bulletin 2024-06, March 15, 2024
(1) Responsibility for maintenance is as described in this section unless a separate agreement applies.
(a) The railroad is responsible for the
maintenance of railroad passive warning devices and active warning devices
within the railroad right-of-way.
(b) If the railroad has a property interest
in the right-of-way, the railroad is responsible for the maintenance of
crossing material within the railroad right-of-way and two feet beyond each
outside rail for crossings without concrete crossing panels or edge of concrete
crossing panel.
(c) On a temporary
highway detour crossing, the railroad is responsible for the maintenance of
pavement, active warning devices, and passive warning devices within the
railroad right-of-way at the expense of the highway authority.
(d) When the railroad alters the railway due
to track and ballast maintenance, the railroad shall coordinate work with the
highway authority so the pavement approaches can be adjusted to provide a
smooth and level crossing surface.
(e) When the highway authority changes the
highway profile through construction or maintenance activities, the highway
authority shall coordinate work with the railroad so the tracks can be adjusted
to provide as smooth and level a crossing surface as possible.
(f) Where a highway structure overpasses a
railroad, the highway authority is responsible for the maintenance of the
entire structure and its approaches.
(g) Where a highway underpasses a railroad
and the railroad owns the right-of-way in fee title, the highway authority is
responsible for the maintenance of the highway and the entire structure below,
including the deck plate, girders, handrail, and parapets. The railroad is
responsible for the maintenance of the ballast, ties, rails, and any portion of
the supporting structure above the top of the ballast deck plate between
parapets.
(i) If the highway authority owns
the right-of-way in fee title, the railroad is responsible for the maintenance
of the entire structure unless a separate agreement applies.
(ii) Cost of repairing damages to a highway
or a highway structure occasioned by collision, equipment failure, or
derailment of the railroad's equipment shall be borne by the
railroad.
(h)
Responsibility for maintenance of private industrial trackage not owned by a
railroad that crosses a highway shall be as follows:
(i) When a facility, plant, or property owner
receives goods and services from a railroad over private industrial trackage
that crosses a highway, maintenance of the crossing shall be the responsibility
of the industry owning the trackage or as agreed to by the parties.
(ii) When the crossing becomes a safety
hazard to vehicles and is not maintained, the department or the railroad
shipping the goods and services shall notify the industry owning the trackage
in writing to maintain or replace the crossing material.
(iii) If the industry owning the trackage
does not maintain or replace the crossing material by a specified date, the
department shall order the railroad to cease and desist operations across the
crossing.
(iv) If the industry
owning the trackage does not respond to the order to maintain or replace the
crossing material, the department shall arrange to have the crossing material
replaced and bill the industry owning the trackage for the expenses to repair
the trackage.
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