Vt. Stat. Ann. tit. 5, § 3785
(a) When a railroad corporation has constructed a railroad across a State highway by passing upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, culverts, crossings, and other constructions except bridges made for the accommodation, safety, and convenience of the public travel on the highway upon the railroad.
(b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of existing crossings required as a result of the building of said extensions, when required for the accommodation, safety, and convenience of the public travel, or for any reason except the accommodation of the railroad, shall be done by the railroad corporation at State expense.
Vt. Stat. Ann. tit. 5, § 3571
- 3572. Highway bridges on State highways
(a) When it next becomes necessary to rebuild or reconstruct, in whole or in part, any existing bridge on a State highway that carries a public highway over railroad tracks, the State shall rebuild the bridge and pay one-half the cost thereof and the railroad corporation whose track travels under the bridge shall pay one-half the cost thereof; thereafter the State shall maintain, rebuild, and repair the bridge at its expense. If the rebuilding or reconstruction is made at the request of and for the benefit of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and reconstruction or rebuilding, in whole or in part, required on bridges which were reconstructed or rebuilt in whole or in part for existing legal loads for State highways, subsequent to January 1, 1963, shall be made by the State at its expense.
(b) Construction of new bridges carrying public highways over railroad tracks, and rebuilding and reconstruction of existing bridges, when made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the State at its expense, except that to the extent any additions or improvements are made at the request of and for the benefit of the railroad, the added cost shall be paid by the railroad.
Vt. Stat. Ann. tit. 5, § 3572
- 3573. Railroad bridges; repairs and construction
When a railroad corporation has constructed a railroad across a public highway by passing over the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild when necessary, its bridges and abutments; however, construction of new bridges and abutments, and rebuilding and reconstruction of existing bridges and abutments, made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the railroad at State expense.
Vt. Stat. Ann. tit. 5, § 3573
Blocked Crossings
State Laws, Regulations, and Penalties
- 3587. Obstructing crossing more than five minutes; penalty; exemption
(a) When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time. A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00.
(b) The provisions of this section shall not apply to:
(1) any grade crossings now existing or hereinafter established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and
(2) the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12).
Vt. Stat. Ann. tit. 5, § 3587
- 3586. Obstructing crossings; penalty
A person, corporation, or the agents or employees thereof, owning or operating a railroad, who willfully or negligently obstruct a public highway or farm crossing with engines, tenders, or cars, shall be fined not more than $20.00 nor less than $5.00.
Vt. Stat. Ann. tit. 5, § 3586
Warning Devices-Passive
State Laws and Regulations
- 3581. Warning devices and signs at grade crossings; exemption from stopping
(a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended from time to time, at every public highway where the same is crossed by its railroad at grade.
(b) The Transportation Board, upon recommendation of the Agency of Transportation and after notice to the railroad and the person having control of the highway and an opportunity to be heard, may designate certain crossings as “exempt” and may impose such conditions as the interests of safety and the public good dictate. However, a flagperson shall be stationed at every crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 days of such an order, the railroad in the case of warning devices, and the person having control of the highway in the case of advance warning signs, shall affix “exempt” signs in accordance with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign.
(c) At the request of the Agency of Transportation, the railroad, or the person having control of the highway, and after notice and an opportunity to be heard, the Transportation Board may rescind an “exempt” crossing designation. The railroad and the person having control of the highway shall remove the “exempt” signs as directed by the Transportation Board.
Vt. Stat. Ann. tit. 5, § 3581
Warning Devices- Train Borne
State Laws, Regulations, and Penalties
- 3582. Crossings; use of audible warning device
(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train’s approach and shall be kept sounding until the train has crossed the highway.
(b) Notwithstanding subsection (a) of this section, the Agency, following the procedures set forth in 3 V.S.A. chapter 25, may prohibit the sounding of audible warning devices at public and private grade crossings equipped with the following safety features or other safety features of similar effect:
(1) Flashing lights in each direction which are automatically activated by approaching trains.
(2) Two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered.
(3) A bell that is automatically activated by the approaching train.
(4) Overhead street lights.
(5) Signs posted before the crossing in each direction warning motorists and pedestrians of the crossing ahead.
(6) Posted speed limits for traffic of not more than 40 miles per hour.
(7) Not more than two lanes of vehicular traffic in each direction at the crossing.
(c) No prohibition by the Agency under subsection (b) of this section shall become effective until the Federal Railroad Administration grants a waiver or exemption under 49 U.S.C. § 20153. The Agency shall promptly notify all affected railroads when a waiver or exemption is granted.
(d) A railroad operating a train over a crossing at which the Agency has prohibited the sounding of audible warning devices shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.
(e) Nothing in this section shall prohibit a railroad’s use of an audible warning device in emergency circumstances.
(f) A municipality in which a crossing is located shall not, on the basis of the railroad’s omission to sound an audible warning device because of a prohibition by the Agency under subsection (b) of this section, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing.
Vt. Stat. Ann. tit. 5, § 3582
Warning Devices- Active
State Laws and Regulations
- 3584. Gates, electric signals, flaggers
When requested in writing by three or more freeholders or registered voters or residents of a city or village to order a gate or electric signal to be erected, or a flagger to be stationed at any railroad crossing at grade within such city or village, or when so requested by three or more freeholders or registered voters or residents of a town to order an electric signal to be erected at any railroad crossing at grade within that town, or, acting on its own initiative, the Transportation Board shall visit that place, first giving the parties making the request, the Secretary of Transportation, and the railroad corporation notice thereof. If the public safety requires, the Board shall order the corporation operating the railroad to do any act at that place needful for the protection of the public, and may make any other order or further order it deems necessary in the premises, including an order, after hearing and due notice to the parties in interest, directing the State, the municipality, and the railroad to pay all or part of the costs as the Board finds just and equitable. The Board shall not make further order without first visiting the place and giving the railroad corporation, the Secretary of Transportation, and the parties making request an opportunity to be heard thereon.
Vt. Stat. Ann. tit. 5, § 3584
- 3585. Procedure for payment of State’s portion of cost
In making an order under section 3584 of this title, the Transportation Board shall require the submission of an itemized statement of the cost incurred by the State agency, municipality, corporation, or person responsible for compliance with the order, with an affidavit of an appropriate officer or person that the costs shown on the statement were incurred and are reasonable to the best of the officer’s or person’s knowledge and belief. Upon approval by the Board of the statement and its certification to the Commissioner of Finance and Management, the State Treasurer shall issue a warrant to pay the State’s portion of the cost in accordance with the order of the Board.
Vt. Stat. Ann. tit. 5, § 3585
Private Crossings
State Laws and Regulations
No applicable statute related to this topic.
Vegetation Clearance
State Laws, Regulations, and Penalties
No applicable statute related to this topic.
