Arkansas

Arkansas Railroad State Laws and Regulations

Crossing Treatment Procedures

State Laws and Regulations

23-12-1002. Crossing location, construction, improvement, and protection–Exclusive State Highway Commission jurisdiction

The State Highway Commission administers the railroad crossing safety program in Arkansas and has heretofore been designated by the General Assembly as the sole public body to deal with and has been given exclusive jurisdiction concerning the location, construction, improvement, and protection of railroad crossings in Arkansas. It is in the public’s interest and safety that uniformity be established in other matters pertaining to the maintenance of railroad crossings and the operation and movement of trains in this state.

Ark. Code Ann. § 23-12-1002

23-12-1003. Maintenance of crossings on public thoroughfares–Exclusive State Highway Commission jurisdiction

The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where any public road, highway, or street crosses any railroad.

Ark. Code Ann. § 23-12-1003

23-12-1004. State Highway Commission–Investigations and studies–Rules

(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad employees.

(b) Pursuant to rules providing for an opportunity of notice and hearing, the commission shall promulgate appropriate rules pertaining to the maintenance of railroad crossings of state, county, city, or municipal streets and highways.

Ark. Code Ann. § 23-12-1004

Blocked Crossings

State Laws, Regulations, and Penalties

No applicable statute related to this topic.

Warning Devices-Passive

State Laws and Regulations

23-12-411. Crossing signs

(a) Every railroad corporation in this state shall cause boards to be placed, well-supported by posts or otherwise, and constantly maintained across each public road or street where the public road or street is crossed by the railroad on the same level.

(b)(1) The boards shall be elevated so as not to obstruct travel and to be easily seen by travelers.

(2) On each side of the boards shall be printed, in capital letters of at least the size of nine inches (9″) each, the words, “RAILROAD CROSSING”.

(3) This section shall not apply to streets in cities or villages unless the corporation is required to put up the boards by the officers having charge of the streets.

Ark. Code Ann. § 23-12-411

27-51-706. Dangerous crossings–Designation, crime

(a) The State Highway Commission and local authorities, with the approval of the commission, are authorized to designate particularly dangerous state highway grade crossings of railroads and to erect stop signs there.

(b) When stop signs are erected, the driver of any vehicle shall stop within fifty feet (50′) but not less than ten feet (10′) from the nearest rail of the railroad and shall proceed only upon exercising due care.

(c) Any person, owner, or driver of any automobile, truck, motorcycle, or other motor-driven vehicle violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

(d) This section shall be cumulative to the other laws of this state and shall not repeal any laws or parts of laws except where specifically in conflict with this section.

Ark. Code Ann. § 27-51-706

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

23-12-410. Audible warning device to be sounded at crossing–Penalty and damages

(a) To give warning of a train’s approach, an audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded at least one-quarter ( ¼ ) mile in advance of each location in Arkansas where a railroad crosses any public road, highway, or street or where any public road, highway, or street crosses any railroad and shall be sounded until the lead locomotive clears the crossing.

(b) Any railroad company failing to warn of the train’s approach as required in this section shall be liable upon a finding of a violation for a fine of two hundred dollars ($200) for each occurrence. The penalty shall be recovered in a civil action in the name of the state.

Ark. Code Ann. § 23-12-410

23-12-402. Locomotive lighting requirements

(a) Any company, corporation, or officer of court, owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, shall be required to equip, maintain, and use on each and every locomotive being operated in road service in this state in the nighttime a headlight of power and brilliancy of one thousand five hundred (1,500) candlepower.

(b) Any company, corporation, or officer of court owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, violating the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) for each separate offense. The amount shall be recovered in a civil action in the name of the state.

(c) It is made the duty of any prosecuting attorney of any district in this state to enforce the provisions of this section when a complaint is properly filed in his or her office.

Ark. Code Ann. § 23-12-402

Warning Devices- Active

State Laws and Regulations

No applicable statute related to this topic.

Private Crossings

State Laws and Regulations

No applicable statute relating to this topic.

Vegetation Clearance

State Laws, Regulations, and Penalties

23-12-201. Rights-of-way–Maintenance–Fines

(a)(1) All railroad corporations operating in this state shall maintain their right-of-way at or around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public highways.

(2) The maintenance of the right-of-way shall be for a distance of fifty feet (50′) on each side of the centerline between the rails for the maintenance width and for a distance of one hundred yards (100 yds.) on each side of the centerline from the public road or highway for the maintenance length.

(b) Any railroad corporation failing or refusing to comply with the provisions of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.

Ark. Code Ann. § 23-12-201

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