Crossing Treatment Procedures
State Laws and Regulations
- 65-11-109. Grade crossing elimination orders
When any such grade crossing shall be ordered to be eliminated as provided, it shall be the duty of the railroad company owning or operating the track at such crossing to comply with the order of the commissioner of transportation or the commissioner’s designee within the time specified in such order by preparing and submitting to the commissioner or the commissioner’s designee for approval detailed plans and specifications and estimates of cost for the construction of such underpass or overpass and by the construction of the underpass or overpass in accordance with the plans and specifications so approved, including the necessary approaches thereto; provided, that:
(1) Any such railroad company may request the commissioner of transportation or the commissioner’s designee for an extension of time within which to begin and complete the actual construction of the underpass or overpass required by such order of the commissioner or the commissioner’s designee. If the railroad company is dissatisfied with the commissioner’s or the commissioner’s designee’s response to the request for an extension of time, such railroad company may file an appeal to the chancery court in the judicial district in which the grade crossing in question is located; provided that the appeal must be made within thirty (30) days of the date of the adverse response;
(2) The detailed plans and specifications and estimates of cost for any such underpass or overpass ordered by the commissioner or the commissioner’s designee may be prepared in the discretion of the commissioner or the commissioner’s designee by the department of transportation’s own engineers, or by engineers employed for the purpose, in which event such plans and specifications and estimates of cost shall be subject to the approval of the railroad company affected;
(3) If any such railroad company shall, in obedience to the direction of the commissioner or the commissioner’s designee make surveys and prepare estimates and plans, then the commissioner or the commissioner’s designee shall within a reasonable time, not exceeding six (6) months, reimburse such railroad or railway for one half ( ½ ) of the expense and cost of such work; and if, after the making and preparation of any such surveys, plans, and estimates of cost by any railroad company under the orders of the commissioner or the commissioner’s designee, or any part thereof, the order for the elimination of the grade crossing be revoked by the commissioner or the commissioner’s designee, and the elimination of such crossing abandoned, the commissioner or the commissioner’s designee shall, within a reasonable time, not exceeding six (6) months from the date of the revocation, reimburse the railroad or railway company for all the actual expense and cost of such work incurred by the company, upon a presentation of an itemized and sworn statement of the expense and cost, the amount thereof to be included as a part of the cost of the highway of which such crossing is a part;
(4) Before any railroad company shall be obligated or required to commence and prosecute the actual and physical work of separating any such grade crossing, the commissioner or the commissioner’s designee shall have available sufficient funds with which to reimburse the railroad company for that part of the expenses of the separation which is to be paid out of the public funds under this chapter; and the commissioner or the commissioner’s designee shall make to the railroad company, prosecuting such work, monthly payments in an amount which shall equal the proportion of the cost and expense which the public is required to pay under this chapter of all that part of the work, including both labor and materials, completed at the date of any monthly payment; and
(5) When any grade crossing covered by §§ 65-11-107 and 65-11-108 shall have been ordered to be eliminated, as provided, it shall be the duty of the railroad company upon which such order of the state department of transportation may have been served, in accordance with this chapter, at once to comply with such order, or avail itself of the right of an appeal, as set forth in subdivision (1), within sixty (60) days from the date of the service of the order, and in the event any such railroad company should fail to comply with such order directing the elimination of such grade crossing, or to appeal within sixty (60) days, the commissioner or the commissioner’s designee shall have the authority to proceed immediately with the construction of such grade crossing separation, and upon the completion of same to assess one half ( ½ ) of the cost of preparation of plans and estimates and one half ( ½ ) of the cost of the work of construction against the railroad company affected thereby, and all such costs as are assessed in this manner against such railroad company shall be a lien upon the physical properties of such railroad company, which lien shall be prior to any lien then existing against such physical properties, and the amount of such cost may be recovered against such railroad company by a suit brought on behalf of the state by the attorney general and reporter, and the enforcement, in the name of the state, of the lien.
Tenn. Code Ann. § 65-11-109
- 65-11-110. Overpass or underpass construction; work apportionment
The commissioner of transportation or the commissioner’s designee may, by agreement or contract with any railroad company, apportion the work to be done in the construction of any such underpass or overpass between the railroad company and contractors acting under the control and supervision of the commissioner or the commissioner’s designee, and contracts for the construction of the portion of such underpass or overpass assumed under such contract or agreement by the commissioner or the commissioner’s designee shall be made in the manner and under the same conditions as contracts are made by the commissioner or the commissioner’s designee for the construction of other portions of the state highway system as provided by law; provided, that when the commissioner or any of the department of transportation’s employees or contractors, or any person acting under the orders of the commissioner or the commissioner’s contractors, shall go or be upon the right-of-way of any railroad company, they shall be subject to any reasonable rules and regulations of such railroad company made for the protection of its traffic employees and passengers.
Tenn. Code Ann. § 65-11-110
- 65-11-112. Overpass or underpass; maintenance
When any underpass or overpass crossing is constructed on any state highway, under this chapter, it shall be maintained as follows:
(1) The railroad company owning or operating the track at any such crossing shall maintain in good and safe repair at its sole expense all that part of any underpass or overpass and the approaches thereto on its rights-of-way, and also that part of any overpass structure or the approach thereto not supported by a fill, whether on its right-of-way or not, except the surface of the highway; provided, that the flooring of any overpass which supports the surface of the highway or which may constitute the surface of the highway shall be considered as a part of the structure to be maintained by and at the expense of the railroad company; and
(2) The commissioner of transportation or the commissioner’s designee shall maintain in good and safe repair out of the public funds, any fill, approach to any such crossing not on the right-of-way of the railroad company, and also the entire surface of the highway at all points.
Tenn. Code Ann. § 65-11-112
Blocked Crossings
State Laws, Regulations, and Penalties
No applicable statute related to this topic.
Warning Devices-Passive
State Laws and Regulations
- 65-11-105. Railroad crossing signs
The commissioner of transportation or the commissioner’s designee, after conducting such hearing as is deemed appropriate, is empowered and directed to determine a standard railroad crossing sign for the state.
Tenn. Code Ann. § 65-11-105
- 65-18-104. Crossing signs
Boards, well supported by posts or otherwise, shall be placed, and constantly kept, across each public road, when the same is crossed on the same level by the track of the railway, the boards to be elevated so as not to obstruct travel, and, on each side of such board, there shall be printed in large letters, easily to be seen by the traveler, the words, “Railroad Crossing–Look Out for the Cars.”
Tenn. Code Ann. § 65-18-104
Warning Devices- Train Borne
State Laws, Regulations, and Penalties
- 65-11-105. Railroad crossing signs
The commissioner of transportation or the commissioner’s designee, after conducting such hearing as is deemed appropriate, is empowered and directed to determine a standard railroad crossing sign for the state.
Tenn. Code Ann. § 65-11-105
- 65-12-109. Negligence
A violation of § 65-12-108 by any railroad company constitutes negligence per se and in the trial of any causes involving § 65-12-108, the burden of proof, the issue of proximate cause, and the issue of contributory negligence shall be tried and be applied in the same manner and with the same effect as in the trial of other negligence actions under the common law in Tennessee.
Tenn. Code Ann. § 65-12-109
- 65-12-108. Accident prevention
In order to prevent accidents upon railroads, the following precautions shall be observed:
(1) The officials having jurisdiction over every public road crossed by a railroad shall place at each crossing a sign, marked as provided by § 65-11-105. The county legislative body shall appropriate money to defray the expenses of the signs. The failure of any engine driver to blow the whistle or ring the bell at any public crossing so designated by either the railroad company or the public official shall constitute negligence with the effect and all as set forth in § 65-12-109;
(2) On approaching every crossing so distinguished, the whistle or bell of the locomotive shall be sounded at the distance of one fourth ( ¼ ) of a mile from the crossing, and at short intervals until the train has passed the crossing;
(3) Every railroad company shall keep the engineer, fireman, or some other person upon the locomotive, always upon the lookout ahead; and when any person, animal, or other obstruction appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and prevent an accident; and
(4) It is unlawful for any person operating a railroad to use road engines without having them equipped with an electric light placed on the rear of the engine, tank, or tender, which light shall be a bull’s eye lens of not less than four inches (4″) in diameter with a bulb of not less than sixty (60) watts power, so that such road engine can be operated with safety when backing and the light so placed shall be burning while any such engine may be used in any backing movement. Such lights shall be operated at night; and any person violating any of these provisions shall be fined the sum of not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100), for each offense.
Tenn. Code Ann. § 65-12-108
Warning Devices- Active
State Laws and Regulations
- 65-11-113. Warning or protective devices
(a)(1) Within six (6) months after the occurrence of a fatality resulting from a collision between any railroad engine or train and a vehicle or pedestrian at any unmarked railroad grade crossing, where there are regularly scheduled trains, one hundred (100) or more vehicles cross daily and it is also a regular school bus crossing, and/or upon the order of the commissioner of transportation or the commissioner’s designee, the railroad company responsible for maintaining the track and right-of-way at such grade crossing shall install or cause to be installed a railroad crossing marker with automatic flashing signal lights and a bell on either side of the tracks along such street, road or highway crossing such tracks, in such a manner that approaching motorists, riders or pedestrians may be warned of the hazard and alerted to watch for an oncoming train or engine.
(2) A railroad company shall have six (6) months from the time of an order of the commissioner or the commissioner’s designee in which to install or cause to be installed the automatic warning or protective devices required. If such devices are not installed and operative at the end of this period of time, and the commissioner has not granted an extension based on hardship or act of God, the speed of trains operating within one (1) mile in each direction of such crossing shall be restricted to not more than twenty-five (25) miles per hour. This restriction shall continue until the devices are fully operational.
(b)(1) The cost of installing such signal devices shall be borne equally by the railroad company, the state of Tennessee, and the county, or the municipality, if such signal devices are installed within the corporate limits or the metropolitan government, where applicable.
(2) Payment of the state’s share shall be made as reimbursement of the railroad company of one third ( ⅓ ) of the cost of such installation, by warrant of the commissioner of finance and administration upon the state treasury, after inspection of the site and certification by the commissioner of transportation or the commissioner’s designee that such signal devices have been installed in compliance with this section; provided, that the railroad company has first submitted to the commissioner of finance and administration a sworn statement of the total costs incurred by the railroad company in installing such signal devices.
(3) Payment of the municipality’s or county’s or metropolitan government’s share of the costs shall similarly be made in accordance with the fiscal procedures of such municipality, county, or metropolitan government after receipt of a sworn statement from the railroad company of the total cost of the installations and verification of such installation by the appropriate municipal, county or metropolitan government official.
(c) If any county, municipal or metropolitan government fails or refuses to reimburse the railroad company as provided in this section, the commissioner of finance and administration shall cause the necessary amount of money to be withheld from such county, municipal or metropolitan government any amount due such county, municipal or metropolitan government from the proceeds of the state gasoline tax and reimburse the railroad company using such funds otherwise due the county, municipal or metropolitan government. The Tennessee department of transportation shall be prohibited from adopting any rules or regulations which will circumvent the purposes of this section by setting incompatible criteria for determining priorities for the installation of railroad crossing signals.
(d) In the event federal funds are available to defray the cost of such installation in whole or in part, the federal rules then applicable shall determine the allocation of the costs of such installation.
(e) Any railroad company failing to comply with the requirements of subsections (a)-(d) is subject to a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each day of continued violation.
(f) The department of transportation is authorized to construct protective or warning devices at or in the vicinity of any railroad crossing of a public highway owned by a county or incorporated city or town, based upon the showing of need resulting from a multidisciplinary study, whenever federal funds are available for such construction. The department of transportation is further authorized to supply a maximum of one percent (1%) of the funds required for such construction provided the county or incorporated city or town in which the construction will be performed complies with the necessary conditions for receipt of the balance of federal matching funds for such construction.
(g) Notwithstanding any other law to the contrary, the department of transportation shall construct automatic warning devices at the railroad crossing at Tipton Station Road in southern Knox County.
Tenn. Code Ann. § 65-11-113
Private Crossings
State Laws and Regulations
No applicable statute relating to this topic.
Vegetation Clearance
State Laws, Regulations, and Penalties
No applicable statute related to this topic.