Crossing Treatment Procedures

State Laws and Regulations

39-8-1.1. Commission control of grade crossings

In the exercise of the police power of the state for the safety of its inhabitants, the general assembly vests in the commission the authority and power to determine the point at which and the manner in which any grade crossing of a railroad and a street shall be constructed and the jurisdiction to determine whether any crossing should be altered, relocated, abolished, or eliminated, and the manner and conditions under which the crossings shall be maintained, even if the order of the commission has the effect of depriving a municipality of control of its streets.

39 R.I. Gen. Laws Ann. § 39-8-1.1

39-8-6. Operation of grade crossings of railroads

All railroads in this state crossing any other railroad at grade shall be operated at the crossing subject to, and in accordance with, such reasonable rules and regulations as the division of public utilities and carriers shall from time to time prescribe.

39 R.I. Gen. Laws Ann. § 39-8-6

39-8-2. Raising or lowering of highway to eliminate grade crossing

If the city or town council of any city or town where a turnpike or highway crossed by a railroad on a level therewith is situated, is of the opinion that it is necessary for the security of the public that the turnpike or highway should be raised or lowered, so as to pass over or under the railroad, it may request in writing that the corporation owning the railroad raise or lower the turnpike or highway. If the corporation neglects or refuses to do so, the city or town council may apply to the commission to decide upon the reasonableness of the request. If the commission, after due notice and hearing the parties, shall decide that the lowering or raising of grade is necessary for the security of the public, the corporation shall comply with the decision; provided, that either party shall have the right, in accordance with chapter 5 of this title, to petition the supreme court for relief, and the court shall have full power to finally decide the question as to the necessity of changing the grade. The cost and expense of making the change of grade shall be borne by the railroad corporation and the city or town asking for the change, in the proportion as may be decided by the court. If, after the decision of the court that a change of grade is necessary, or if, having taken no appeal from the decision of the commission, the corporation shall unreasonably neglect or refuse to change the grade, the city or town council may proceed to make the change, and may, in an action against the corporation, recover all charges and expenses occasioned by making the alterations.

39 R.I. Gen. Laws Ann. § 39-8-2

24-8-10. Improvement or reconstruction of railroad crossings

The director of transportation shall have the power and authority to improve with automatic protection devices or by relocating or rebuilding existing highway-railroad crossings at grade, or by reconstructing existing railroad and highway separation structures, if the improvements, rebuilding, or reconstruction will increase the safety of the crossings and highway, or may eliminate the crossings at grade by the adjustment of track and highway levels and by the construction of separation structures and connecting roadways suitably located to serve all affected properties, and by closing the highways at existing crossings so served, subject to approval of the railroad authorities and the public utilities and carriers administration as provided in chapters 1 — 9 of title 39. For railroad-highway crossings not on the state highway system, the improvements, construction, reconstruction, or closing shall also be subject to the approval of the town or city in which the work is to be performed.

24 R.I. Gen. Laws Ann. § 24-8-10

Blocked Crossings

State Laws, Regulations, and Penalties

39-8-4. Obstruction of highway crossings

No railroad corporation, nor its servants or agents, shall willfully or negligently obstruct or unnecessarily use or occupy a highway, city or town way, or street, nor in any case at a street or highway grade crossing, with cars or engines for more than five (5) minutes at one time; and whenever a highway, city or town way or street has been thus used or occupied with cars or engines, no railroad corporation shall again use or occupy the same with cars or engines until a sufficient time, not less than three (3) minutes, has been allowed for the passage across the railroad of such travelers as were ready and waiting to cross when the former occupation ceased. For every violation of the provisions of this section, the corporation shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).

39 R.I. Gen. Laws Ann. § 39-8-4

Warning Devices-Passive

State Laws and Regulations

39-8-13. Erection of warning signs along highway

Every railroad corporation shall cause to be erected and to be maintained at every turnpike, highway, or public way, where it is crossed by the railroad upon the same level therewith, a suitable sign board upon each side of the crossing; and on each side of the sign boards shall be painted in black capital letters of at least the length of nine inches (9″) such words or phrases as may, in the opinion of the division of public utilities and carriers, constitute a proper warning to both pedestrian and vehicular traffic using the crossing. The sign board shall be of such design as may be ordered by the division and shall be placed under the direction and with the consent of the division. The sign board shall indicate whether the railroad crossing is a public or private crossing. Every railroad corporation shall also adopt such other precautionary measures at such grade crossings as shall be deemed proper by the division.

39 R.I. Gen. Laws Ann. § 39-8-13

39-8-15. Failure to erect signs or ring bell

Every railroad corporation that shall neglect or refuse to comply with the provisions of §§ 39-8-13 and 39-8-14 shall be fined not exceeding one thousand dollars ($1,000); and the corporation shall be liable for all damages sustained by any person by reason of neglect or refusal on the part of the corporation.

39 R.I. Gen. Laws Ann. § 39-8-15

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

39-8-14. Warning bells

Every railroad corporation shall cause a bell of at least thirty-two pounds (32 lbs.) in weight to be placed on each locomotive engine passing upon its road, and the bell shall be rung at a distance of at least eighty (80) rods from the place where the railroad crosses any turnpike, highway, or public way upon the same grade with the railroad, and shall be kept ringing until the engine has crossed the turnpike or road. No car or carriage for the transportation of passengers or freight over any railroad in this state shall be propelled across any highway, after the locomotive has been detached therefrom, unless a bell is rung or a whistle sounded at the crossing during the whole time the train is crossing the highway.

39 R.I. Gen. Laws Ann. § 39-8-14

39-8-15. Failure to erect signs or ring bell

39 R.I. Gen. Laws Ann. § 39-8-15

Warning Devices- Active

State Laws and Regulations

39-8-11. Order to maintain electric signals at crossing

At any point where a highway, city or town way, or traveled place is crossed at the same level by a railroad where a gate or flag person is not maintained, the commission may, after notice to and hearing of the railroad corporation whose road so crosses, direct that the crossing shall be furnished with electric signal or signals as they shall decide the better security of human life or the convenience of the public travel requires, and the corporation shall comply with the order. If the railroad corporation shall refuse or neglect to comply with the order within three (3) months from the date thereof, it shall be fined twenty-five dollars ($25.00) for each day that the refusal or neglect shall continue unless it shall furnish reasons satisfactory to the commission for the refusal or neglect. Nothing in this section shall be so construed as to affect §§ 39-8-9 and 39-8-10.

39 R.I. Gen. Laws Ann. § 39-8-11

39-8-12. Municipal order to maintain crossing gates or fence

Every railroad corporation whose railroad crosses any street or highway at grade in the city of Providence shall erect, maintain, and cause to be operated gates across every street or highway satisfactory in all respects to the city council upon receiving notice from the city council, and shall also fence its line of track within the limits of the city in such manner and at such places as the city council may direct. Any railroad corporation violating any of the provisions of this section shall, for every day’s neglect after twenty (20) days from notice or direction to the president, treasurer, or any director of the corporation from the city council as aforesaid to comply with the provisions of this section or with the order or direction of the city council, be fined fifty dollars ($50.00), one half ( ½ ) thereof to the use of the state and the other one half ( ½ ) to the use of the complainant.

39 R.I. Gen. Laws Ann. § 39-8-12

Private Crossings

State Laws and Regulations

39-8-1.3. Authorization for private crossing

No railroad owning railroad tracks within the state shall enter into any agreement of any nature whatsoever with any private party for the establishment of a private crossing at grade, unless and until the railroad shall have obtained permission from the commission for the establishment of the private crossing.

39 R.I. Gen. Laws Ann. § 39-8-1.3

39-8-1.4. Barricading of crossings

The general assembly hereby declares that any private railroad crossing found by the commission after a hearing to be dangerous or a hazard to the public or to those using trains is a public nuisance, and the commission may order the railroad to barricade the crossing as a matter of public safety.

S.C. Code Ann. § 58-15-810

Vegetation Clearance

State Laws, Regulations, and Penalties

No applicable statute related to this topic.