Crossing Treatment Procedures

State Laws and Regulations

74-1329. Act, how cited

Sections 74-1329 to 74-1343 shall be known and may be cited as the Nebraska Highway-Rail Grade Crossing Safety and Consolidation Act.

Neb. Rev. Stat. Ann. § 74-1329

74-1332. Crossings; jurisdiction of department

The Department of Transportation shall have jurisdiction over all crossings outside of incorporated villages, towns, and cities, both public and private, across, over, or under all railroads in the state, except as provided in sections 74-1338 to 74-1340, and shall adopt and promulgate such rules and regulations for the construction, repair, and maintenance of the crossings as the department deems adequate and sufficient for the protection and necessity of the public.

Neb. Rev. Stat. Ann. § 74-1332

74-1341. Grade crossing safety; responsibility

The Department of Transportation, which possesses the requisite engineering expertise, highway and rail planning function, and highway safety mission and is the repository for state and federal funding for both rail and highway projects, shall be the agency responsible for grade crossing safety.

Neb. Rev. Stat. Ann. § 74-1341

74-1342. Comprehensive public safety program; department; duties

(1) The Department of Transportation shall adopt and promulgate rules and regulations establishing a comprehensive public safety program to deal with problems associated with public and private highway-rail grade crossings. In designing such a program, the department shall establish a process for assessing the risk to the public from particular grade crossings and for reducing or eliminating such risk in a cost-effective and timely manner. The department shall actively solicit input from the public and from representatives of county and municipal governments, the Federal Highway Administration, the Federal Railroad Administration, and any other individuals or entities with an interest in grade crossing safety.

(2) The grade crossing safety assessment process may include the following factors:

(a) Volume of trains;

(b) Volume of motor vehicles, including character, function, and type of vehicular traffic through the crossing;

(d) Geometry of the crossing, including acute angles;

(e) Sight-distance restrictions, if any;

(f) Train and motor vehicle speed;

(g) Accident history;

(h) Character of proximate road network, including distance and travel time to adjacent crossings;

(i) Frequency and duration of roadway blockage by trains, including citation history;

(j) Emergency response routes, including alternatives;

(k) Economic impact of crossing;

(l) Current and foreseeable development in the vicinity of the crossing; and

(m) Location of schools and hospitals.

Neb. Rev. Stat. Ann. § 74-1342

74-1343. Assessment process; recommendations; department; duties

The Department of Transportation shall establish the grade crossing safety assessment process no later than twelve months after September 13, 1997, and shall recommend to the Legislature no later than eighteen months after September 13, 1997, an equitable formula for funding grade crossing risk abatement.

Neb. Rev. Stat. Ann. § 74-1343

74-1337. Crossings; public; county board; agreement

Whenever railroad tracks cross a public highway at grade, outside of incorporated cities and villages, the owner of the railroad tracks and the county board of the county in which such crossing is located may agree upon any change, alteration, or construction of any crossing as will promote the public convenience or safety, and they may also agree upon the relocation of any highway so as to eliminate such crossings entirely or so as to carry them over or under such railroad and upon the apportionment of the expenses incident to any such change, alteration, relocation, or construction between the owner of the railroad tracks and the county or other public authority in interest.

Neb. Rev. Stat. Ann. § 74-1337

74-1338. Crossings; public; failure of county board and railroad to agree; power of department

If the owner of the railroad track and the county board or other public authority in interest fail to agree upon any of the matters or things mentioned in section 74-1337, either the owner or the county board or other public authority in interest, in the name of the county or other public authority in interest, may file an application with the Department of Transportation, setting forth such fact together with a statement of the change, alteration, relocation, or construction it wants, the estimated cost thereof, and such other facts as may be relevant and asking the department to enter an order directing that the change, alteration, relocation, or construction be made. The department shall proceed to hear the application in the manner provided by law, and if it finds that the application should be granted, it shall enter an order accordingly, designating in the order what portion of the expense of complying with the order shall be paid by the railroad carrier and what portion shall be paid by the county or other public authority in interest, if any.

Neb. Rev. Stat. Ann. § 74-1338

74-1334. Crossings; public; safety regulations; gates and alarms; closure; when

(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber lands, near buildings, or near any obstruction of view from the road, the Department of Transportation shall direct such precautions to be taken as it deems necessary for the safety of the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, signs, signals, alarm bells, and warning personnel as the department directs. The department may direct the placement of special signs where the physical conditions of any crossing warrant such action.

(2) Except as provided in subsection (3) of this section, any public railroad crossing without gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is the only railroad crossing which provides access to property.

(3) An interested party may object to an action taken under subsection (2) of this section only if a written request is submitted to the department by a professional engineer licensed to practice in the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the requirements in this section and with all relevant aspects of the railroad crossing. The engineer shall also provide a detailed explanation of why subsection (2) of this section should not apply to the railroad crossing in question and a statement that the railroad crossing corridor has been examined by the engineer and the engineer believes that the railroad crossing will be safe as designed. Such a written request shall exempt a railroad crossing from being closed under subsection (2) of this section.

Neb. Rev. Stat. Ann. § 74-1334

74-1336. Crossings; complaints; hearing; order; rules and regulations

(1) Whenever a complaint is filed in writing with the Department of Transportation by the duly authorized officers of any incorporated village or city or by the owner or operator of any railroad track, relative to any crossing within the affected village or city, praying for relief from the matters complained of, the department shall hold a hearing and shall make such order as the facts warrant. The findings of the department, subject to the right of appeal, shall be binding on the parties to the suit.

(2) The department shall adopt and promulgate rules and regulations for the construction, repair, and maintenance of all crossings, both public and private, across, over, and under all railroads within the corporate limits of any incorporated village or city. The rules and regulations shall be substantially the same as the rules and regulations under section 74-1332.

Neb. Rev. Stat. Ann. § 74-1336

Blocked Crossings

State Laws, Regulations, and Penalties

74-594. Train, yard, or engine crew; blocking street or highway; liability; exempt

No member of a train crew, yard crew, or engine crew of a railroad shall be held personally responsible or found guilty of violating any state laws or any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road, or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof that the occupying or blocking of the street, road, or highway crossing-at-grade was necessary to comply with orders or instructions either written or oral of his or her employer or its officers or supervisory officials. This section shall not relieve the employer or railroad from any responsibility placed upon the employer or railroad by any such state laws or by such municipal ordinances. This section shall be supplemental to any other law.

Neb. Rev. Stat. Ann. § 79-594

Warning Devices-Passive

State Laws and Regulations

60-6,171. Railroad crossing stop signs; jurisdiction

The Department of Transportation and local authorities on highways under their respective jurisdictions may designate particularly dangerous highway grade crossings of railroads and erect stop signs at the crossings. When such stop signs are erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care.

Neb. Rev. Stat. Ann. § 60-6,171

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

74-592. Track motor cars; headlights; rear light; windshield; equip

Each railroad shall equip each of its track motor cars used during the period from sunset to sunrise with (1) an electric headlight of such construction either permanent or portable and with sufficient candlepower to render plainly visible at a distance of not less than three hundred feet in advance of such track motor car any track obstruction, landmark, warning sign, or grade crossing and (2) a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of three hundred feet. Such track motor cars shall be equipped with a shield of sufficient width and height to afford reasonable protection to the employees transported by it, part of which shall be a windshield of transparent shatterproof material.

Neb. Rev. Stat. Ann. § 74-592

Warning Devices- Active

State Laws and Regulations

74-1314. Political subdivision; determine need for railroad crossing safety measure; notice to railroad; priority

When any political subdivision of this state determines that public safety will be improved by eliminating a crossing, by the installation, substantial modification, or improvement of automatic railroad grade crossing protection, or by construction of an overpass or underpass where a street, road, or highway intersects with a line of the railroad company within its jurisdiction, and demand is made upon the railroad company concerned, the political subdivision shall inform the department of such fact.

Upon receiving such notice, or upon its own determination, the department shall forthwith examine the crossing concerned, in conjunction with representatives of the political subdivision, to determine whether the position of such crossing on the priority list established under section 74-1312 should be adjusted.

Neb. Rev. Stat. Ann. § 74-1314

74-1334. Crossings; public; safety regulations; gates and alarms; closure; when

Neb. Rev. Stat. Ann. § 74-1334

74-1311. Department; determine railroad crossing safety measures needed

The department shall have authority to determine that (1) a railroad crossing shall be eliminated, (2) automatic railroad grade crossing protection devices shall be installed, modified, or improved, (3) an overpass or underpass is needed at a railroad crossing, or (4) other measures are necessary to improve public safety at railroad crossings.

Neb. Rev. Stat. Ann. § 74-1311

74-1312. Department; establish priority list for railroad crossing safety improvement

The department shall establish and update, as needed, a priority list for improving the safety of railroad crossings in Nebraska. The list shall identify all crossings in need of safety improvements and the relative order of need.

Neb. Rev. Stat. Ann. § 74-1312

Private Crossings

State Laws and Regulations

74-1335. Crossings; private; railroad; duties

Whenever any person owns land on both sides of the right-of-way of any railroad, such railroad shall provide and keep in repair at least one adequate means for such landowner to cross the right-of-way. Any interested landowner with land on both sides of the right-of-way of any railroad may file written complaint with the Department of Transportation against any such railroad that the crossing is not adequate or is unsafe and dangerous to the life and property of those who use it, and the department thereupon shall make such investigation, hold such hearing, and issue such orders as it deems necessary, proper, and adequate. If circumstances warrant, the department may require overhead, underground, or grade crossings and wing fences at underground crossings or may require existing crossings to be relocated so as to be safe to those who use them, but when a special crossing involves an expenditure of more than one thousand five hundred dollars, the landowner shall bear one-half the expenses in excess of one thousand five hundred dollars.

Neb. Rev. Stat. Ann. § 74-1335

74-1332. Crossings; jurisdiction of department

Neb. Rev. Stat. Ann. § 74-1332

Vegetation Clearance

State Laws, Regulations, and Penalties

No applicable statute related to this topic.