Tabular List of Laws

The table below lists various state and federal laws related to specific issues commonly encountered with rail-highway projects and operations. Refer to the specific code for clarification.
State and Federal Laws Related to Rail-Highway Projects and Operations
Code
Issue
49 CFR Part 222
Laws requiring railroad companies to sound horn at at-grade crossings and provisions for Quiet Zones
23 CFR § 646.210
Requirement that railroad companies participate 5% on grade separation projects of existing active crossings when federal funds are used.
23 USC § 130(i)
Requirement that railroad companies must match at least $7500 for crossing closure projects for locations not on a prioritized list of crossings for FSP upgrades
Tex. Transp. Code § 471.009
Pavement marking standards for local governments for at-grade crossings not on the state highway system when state or federal funds are used for the pavement markings
49 CFR §§ 234.309-234.311
Laws and standards regarding ENS signs
49 CFR Part 840.
49 CFR § 234.7.
49 CFR Part 225.
43 TAC § 7.33.
43 TAC § 7.86
Reporting requirements by railroad companies for crashes at at-grade crossings
Tex. Transp. Code Ch. 191.
23 CFR Part 646B
43 TAC § 7.36
Minimum requirements for vertical and horizontal clearance for structures and bridges over railroads
49 CFR § 213.37.
49 CFR § 213.321.
43 TAC § 7.37
Railroad company responsibilities for trimming vegetation and reducing visual obstructions near at-grade crossings
Tex. Transp. Code §§ 471.002 and 471.004.
43 TAC § 7.102
Crossbuck maintenance and state requirements for affixing retroreflective tape on crossbuck signs
43 TAC § 7.103.
Tex. Transp. Code § 471.005
Requirements for railroad companies dismantling warning devices on active rail lines
43 TAC § 7.104
Division of maintenance responsibilities at a railroad underpass
43 TAC § 7.105
Requirements for
permitted crossings
 when railroad company spur tracks cross existing state highways
43 TAC § 7.106.
Tex. Transp. Code §§ 112.058, 112.059, and 471.001
Law that railroad companies shall not charge fees for at-grade crossings; requirements for maintenance of railroad crossing surfaces
Tex. Transp. Code § 545.251
Law clarifying it is illegal to drive around, though, or under a descending gate or go through an at-grade crossing if a train
could
 clearly be seen
43 TAC § 7.41
Requirement that railroad companies operating in Texas pay an annual rail safety program fee
Tex. Transp. Code § 545.252
Law providing authority for state to install stop signs at at-grade crossings
49 CFR § 234.261
Requirement that traffic signal preemption circuits are tested at least once per month by railroad company
49 CFR § 1152
Procedures for abandoning a rail line
Tex. Transp. Code § 545.302
Illegal to stop on an at-grade crossing or park within 50 feet of crossing
Tex. Transp. Code § 544.005
Illegal for individual to interfere with railroad sign or device
Tex. Transp. Code § 544.006
Illegal to place device that blocks view of railroad sign or signal
Tex. Penal Code § 28.07
Illegal to trespass on railroad right of way or interfere with railroad operations
23 CFR § 646.214
Requirement that all access-controlled facilities be grade separated from railroad crossings
23 CFR § 646.214
Requirement that all traffic control devices proposed at at-grade crossings are compliant with the MUTCD
23 CFR § 646.214
Conditions where gates must be installed at at-grade crossings on construction projects with federal aid
49 CFR § 213.347
At-grade crossings not allowed on Class 8 or Class 9 railroad tracks (160 or 200 mph train speed)
49 CFR § 234.11
49 USC § 22501
Requirement that the 10 states with the most grade crossing crashes, on average, from calendar years 2006-2008, produce a grade crossing action plan
49 CFR § 234.9
Requirement for railroad companies reporting malfunctioning active grade crossing warning systems within 15 days of failure
49 CFR § 234.223.
49 CFR § 234.225
Requirements that:
  • Flashing lights must flash for 3 seconds before a gate arm descends
  • Flashing lights must activate at least 20 seconds prior to arrival of train at an at-grade crossing
  • Gates must be horizontal for at least 5 seconds prior to arriving train
Tex. Transp. Code §§ 545.253,
545.2535,
545.254,
545.255, and
647.010
Laws requiring various types of vehicles to stop at at-grade crossings unless exempt
23 USC §
407
Reports, surveys, lists or data for evaluating railroad crossings shall not be admitted for evidence in a federal or state court
TMUTCD Section 8B.10
Requirements that:
  • Gate arms shall be removed, and signal heads removed or hooded or turned from view if a track is placed out of service
  • Traffic control devices must be relocated or modified if a track is closed at a multiple track crossing