Railroad Insurance Provision

General
Contractors are required to purchase railroad protective liability insurance when work under the contract is located in whole or in part within railroad right of way. The insurance is for the benefit of the railroad. The requirement to provide the insurance is located at
23 CFR §646.107
. The standards for railroad protective insurance established at
23 CFR §646.109
and
§646.111
must be adhered to the extent permitted by the insurance laws of the state. The types and amounts of coverage are described in the
LGPM Guide
.
Federal Requirements
  1. 23 CFR Part 646
    – Requires a construction contractor to carry public liability and property damage insurance when working on railroad right of way.
    23 CFR §646.109
    prescribes the types of coverage, and
    23 CFR §646.111
    provides the amounts of coverage required.
State Requirements
  1. No comparable statutes.
Required Practices
The LG must follow the requirements of the federal statute when a project is located in whole or in part within a railroad right of way. The required practices and responsibilities are included in the
LGPM Guide
.