Crossing Treatment Procedures

State Laws and Regulations

373:2 Reconstruction.

Upon petition of a railroad, the selectmen of a town, or the mayor and council of a city, the department of transportation, after notice and hearing, may require a railroad (a) to separate the grades where a highway and railroad cross at grade or where a railroad crosses another railroad at grade, (b) to change the location of a highway or a railroad in order to avoid or improve a grade crossing or (c) to reconstruct or otherwise alter or improve any existing bridge or underpass and the approaches thereto in instances where separation of grades has been effected, or (d) to improve the approaches to any grade crossing so as to make them as nearly level as practicable where any such action is found necessary in the interest of safety to the railroad or the public. At any such hearing, the director of the division of motor vehicles shall sit and confer with the department of transportation in an advisory capacity in the determination of the necessity for such reconstruction and the apportionment of the cost of the same.

N.H. Rev. Stat. Ann. § 373:2

373:4 Consent of Department of Transportation.

No railroad hereafter constructed shall cross another railroad, a highway or other way, at grade, unless the consent in writing of the department of transportation is first obtained.

N.H. Rev. Stat. Ann. § 373:4

373:6 New Highways.

No highway shall be laid out or constructed across a railroad at grade without the like consent of the department of transportation.

N.H. Rev. Stat. Ann. § 373:6

373:1 Facilities.

It shall be the duty of every railroad to provide suitable crossings, stations and other facilities for the accommodation of the public, and suitable gates, crossings, cattle passes and other facilities for the accommodation of persons whose lands are divided, or are separated from a highway, by a railroad.

N.H. Rev. Stat. Ann. § 373:1

373:1-a State-Owned Rail Lines.

1. In instances where the state has acquired rail properties, the state shall have the same duty as under RSA 373:1to provide suitable crossings and other facilities for the accommodation of the public and to provide suitable gates, crossings and other facilities for the accommodation of persons whose lands are divided, or are separated from a highway, by the state-owned railway.
2. Any party or landowner seeking crossing or other facilities pursuant to paragraph I shall make application for such crossing or other facility to the department of transportation.

III. The commissioner shall adopt rules, under RSA 541-A, establishing procedures and criteria for review of such applications and issuance of agreements for crossings and other facilities on state-owned rail property, including establishment of reasonable application and annual renewal fees.

1. Such agreements shall include provision for apportionment of costs for construction and protection including insurance requirements and installation of appropriate safety devices.
2. The state shall provide such warning signs as are required for governmental authorities maintaining public crossings over state-owned railroad lines pursuant to RSA 373:11.

N.H. Rev. Stat. Ann. § 373:1-a

Blocked Crossings

State Laws, Regulations, and Penalties

373:15 Occupancy of Crossing by Engines or Cars.

A railroad shall not occupy a grade crossing over a highway by its engines and cars more than 5 minutes at one time without authority from the department of transportation.

N.H. Rev. Stat. Ann. § 373:15

373:16 Exceptions to 5 Minute Occupations.

1. The department of transportation, upon petition, notice and hearing, may fix the maximum time for the occupancy of a railroad on a grade crossing over a highway. The maximum time shall not exceed 9 minutes.
2. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the time of maximum occupancy of a grade crossing.

N.H. Rev. Stat. Ann. § 373:16

373:17 Penalty.

Any person who violates the provisions of any of the preceding sections, or of any order of the department of transportation made hereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, unless otherwise specifically provided.

N.H. Rev. Stat. Ann. § 373:17

Warning Devices-Passive

State Laws and Regulations

373:11 Warning Signs.

The governmental authority responsible for maintaining a highway shall place and maintain warning signs on every highway approaching a crossing at grade of such highway and the tracks of a railroad, at a reasonable distance on each side of such crossing. The department of transportation shall prescribe the standards for warning signs for highway grade crossings. If any governmental authority, except the state, shall neglect to comply with the requirements hereof it shall forfeit $1 for each day during which it shall neglect to place or maintain each sign required hereby to be placed or maintained by it, such forfeiture to be recovered in an action of debt, in the name and for the use of the state.

N.H. Rev. Stat. Ann. § 373:11

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

367:57 Lights on Railroad Track Motor Cars.

Every person, firm or corporation operating or controlling any railroad running through or within the state shall equip each of its track motor cars or similar vehicles used during the period from 30 minutes before sunset to 30 minutes after sunrise with an electric headlight of such construction and with sufficient candlepower to render plainly visible at a distance of not less than 300 feet in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing, and further shall equip such track motor car with a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of 300 feet.

N.H. Rev. Stat. Ann. § 367:57

Warning Devices- Active

State Laws and Regulations

373:10 Railroad Signs, Gates and Other Protection.

Every railroad shall construct, or improve, and operate and maintain at every grade crossing of its railroad with another railroad or highway such warning signs, gates or other protection; it shall so regulate the speed of its trains across any grade crossing and it shall give such appropriate warning of the approach of its trains to any grade crossing as the department of transportation, after notice and hearing, may find necessary in the interest of safety of the railroad or of the public; provided, however, that cost of constructing or improving such warning signs, gates or other protection shall be apportioned in accordance with the provisions of RSA 373:3. The railroad shall maintain signs, signals, gates or other equipment installed within the limits of its right of way, after the installation thereof.

N.H. Rev. Stat. Ann. § 373:10

373:3 Apportionment of Costs.

Any order issued under RSA 373:2 shall provide for the apportionment of the cost (1) between the railroads in interest if the crossing eliminated or improved is a railroad crossing or (2) between the railroad and the state if such crossing is located at the intersection of a railroad and a state highway, trunk line or state-aided highway, or (3) between the railroad and the municipality if such crossing is located at the intersection of a railroad and a highway other than those above specified. In making such apportionment, the department of transportation shall give due consideration to whether the railroad or the highway was first constructed, to the nature and volume of highway traffic, to the number of trains operated by the railroad at the crossing, and all other relevant facts and circumstances. After such reconstruction, the abutments and superstructure of the bridge or underpass shall be maintained by the railroad; but the department of transportation may direct that the wearing surface of a highway at the crossing be maintained by the state or by the town or city whenever it finds that justice so requires.

N.H. Rev. Stat. Ann. § 373:3

Private Crossings

State Laws and Regulations

373:6-a Private Crossings Used by Public.

Whenever it shall appear, after notice and hearing held by the department of transportation upon its own motion or upon petition of any interested party, that an existing grade crossing is being used as a public highway and the adjacent approach or approaches thereto are maintained for use in a manner similar to a public highway, the department of transportation may require the same to be laid out, constructed and protected, and the costs thereof apportioned in accordance with the provisions of this chapter provided that the railroad shall not be charged with any of the said costs.

N.H. Rev. Stat. Ann. § 373:6-a

Vegetation Clearance

State Laws, Regulations, and Penalties

373:18 Removal of Obstructions to View.

Whenever, after a hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the protection required by its order demands that the land adjacent to said crossing shall be cleared and kept clear of buildings, trees, brush or other obstructions, its order shall require the railroad corporation operating over the crossing to clear the land of such obstructions.

N.H. Rev. Stat. Ann. § 373:18