Crossing Treatment Procedures

State Laws and Regulations

40-337. Power of commission over railway crossings

No public highway or street shall be constructed across the track of any railroad at grade, nor shall the track of any railroad corporation be constructed across the track of any other railroad at grade, without the permission of the commission, but this provision shall not apply to the replacement of lawfully existing tracks. The commission may refuse permission or grant it upon such terms and conditions as it prescribes.
The commission shall have the exclusive power:
To determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each of the crossings.
To alter or abolish crossings.
To prescribe the terms upon which and the proportions in which the expense of the alteration or abolition of the crossing shall be divided between the parties affected or in interest.
When the commission finds that public convenience and necessity demands establishment, creation or construction of a crossing of a street or highway over, under or upon the tracks or lines of any public service corporation, the commission may by order require the establishment, construction or creation of the crossing, and the crossing shall thereupon become a public crossing. The commission shall have the exclusive power to prescribe the character of crossings to be constructed and maintained by railroads where their lines cross public roads or streets of a town or city.

Ariz. Rev. Stat. Ann. § 40-337

40-337.01. Installation of automatic warning devices; agreements for sharing cost; apportionment of cost

The commission may determine, after a public hearing, whether any particular crossing of a railroad and a public highway or street is sufficiently hazardous as to require the installation of automatic warning signals or devices at such crossing, provided, that a public hearing shall not be required if the parties in interest have entered into an agreement for the construction of such crossing and for the apportionment between them of the cost of acquiring and installing such automatic warning signals or devices and provided further such agreement assesses the cost at not to exceed the amounts prescribed in subsection B.
If the commission finds that any crossing requires the installation of automatic warning signals or devices, it shall order such installation, and if the parties in interest are unable to agree upon the apportionment of the cost of acquisition and installation, then the cost shall be borne as follows:
The railroad, fifty per cent.
Where a city street is involved: the city, fifty per cent.
Where a county highway is involved: the county, fifty per cent.
When a state highway is involved: the state highway fund, fifty per cent.
City, county or state highway funds may be used to finance the cost of installation of automatic warning signals or devices in amounts greater than those set forth in this subsection, provided that federal funds are available for and are actually reimbursed to the city, county or state highway to cover the cost of the installation.
When a railroad has installed automatic signals or warning devices pursuant to order of the commission, it shall secure reimbursement for that portion of the cost thereof which, in accordance with the agreement of the parties in interest or the provisions hereof, is to be borne by others, by filing verified claims with the appropriate fiscal officers, and such claims shall be approved and paid without reference to or limitation by the provisions of any other law. For the purpose of determining the amount of reimbursement to which the railroad is entitled, the commission shall retain jurisdiction of the matter and upon completion of the installation of the automatic signals and warning devices, shall make a determination as to the cost of installing same, including but not limited to, the cost of acquisition and expense of installation.

Ariz. Rev. Stat. Ann. § 40-337.01

40-337.02. Allocation of funds for automatic warning signals at railway crossings

In each annual budget request prepared by the corporation commission, ten per cent, but not more than two hundred thousand dollars, of the total amount approved for the same year by the federal highway administration for railroad–highway projects within this state under the provisions of the federal highway acts of 1973 and 1976,1and subsequent acts, shall be set aside from the general or any other fund for the installation of automatic warning signals or devices or the upgrading of existing warning signals or devices at public railroad grade crossings. Such appropriation shall be used exclusively for the ten per cent required under the federal highway acts of 1973 and 1976, and subsequent acts, for railroad–highway projects approved for federal funding in any year under such acts.
Funds appropriated pursuant to this section shall be available for allocation and expenditure without regard to fiscal years.
Funds appropriated pursuant to this section shall be in addition to any funds appropriated for the purposes of § 40-337.01.
The corporation commission shall in its request for such funds, provide a full report of accomplishments for the previous year and an accounting of all funds not utilized from previous appropriations.

Ariz. Rev. Stat. Ann. § 40-337.02

40-337.03. Determination of location of automatic warning signals

On or before February 15 of each year, the commission shall submit to the railroad involved and the city, county and department of transportation in which jurisdiction a public railroad grade crossing is located, an array of such crossings where the installation of automatic warning signals or devices should be considered during the year, or within a reasonable time thereafter depending upon the availability of monies, materials, labor and other factors involved in such installation.

Ariz. Rev. Stat. Ann. § 40-337.03

Blocked Crossings

State Laws, Regulations, and Penalties

40-852. Allowing engine or car to remain upon public crossing; classification

An engineer, conductor or other employee or officer of a railroad company who permits a locomotive or cars to be or remain upon the crossing of a public highway over such railway so as to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of unavoidable accident, is guilty of a class 2 misdemeanor.

Ariz. Rev. Stat. Ann. § 40-852

Warning Devices-Passive

State Laws and Regulations

28-852. Dangerous railroad grade crossing

The director, and local authorities with the approval of the director, may designate particularly dangerous highway grade crossings of railroads and may erect stop signs at the crossings. If the stop signs are erected, the driver of a vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall proceed only on exercising due care.

Ariz. Rev. Stat. Ann. § 28-852

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

40-847. Bells on locomotives; violation; penalties

Each railroad corporation shall equip its locomotives with a bell weighing not less than twenty pounds.
Any railroad corporation which fails to comply with subsection A of this section is liable for a penalty of one hundred dollars which shall be recovered by an action filed by the attorney general in the name of the state.
The amount recovered shall be paid as follows:
One half thereof to the informer, if there is an informer as determined by the court in which the action is filed.
One half thereof shall be deposited, pursuant to §§ 35-146and 35-147, under direction of the court.
In addition to the penalty provided by subsection B of this section, the corporation shall be liable for all damages sustained by any person for failure of the corporation to comply with subsection A of this section.
A separate action may be filed for each violation of subsection A of this section.

Ariz. Rev. Stat. Ann. § 40-847

40-848. Automatic bell ringer required; violation; classification

It is unlawful for any railroad to operate on its tracks within the state an engine not equipped with an automatically operated bell ringer for ringing the bell on the engine, which will cause the bell on the engine to continue to ring after being set in motion by the engineer or fireman. The device for starting or stopping the bell ringer shall be placed in a position where it can be operated by the engineer or fireman from his usual position in the cab.
A railroad violating this section is guilty of a petty offense for each day that any locomotive engine is used in violation of this section, but if any ringer becomes out of order while the engine in which it is installed is in use, the engine may complete its trip.

Ariz. Rev. Stat. Ann. § 40-848

40-854. Failure to warn at public crossing; classification

A person in charge of a railroad locomotive who before crossing any traveled public way omits to cause the bell to ring or a whistle, siren or other sounding device to sound at a distance of at least eighty rods from a crossing and until it is reached, is guilty of a class 2 misdemeanor.

Ariz. Rev. Stat. Ann. § 40-854

40-846. Electric headlights; violation; penalty

Every railroad corporation, or receiver or lessee thereof, shall equip its locomotives used in the transportation of trains over the railroad, except locomotives regularly used in switching cars or trains, with electric headlights of not less than fifteen hundred candle power measured without the aid of a reflector.
Any railroad company, or receiver or lessee thereof, doing business in this state, which violates the provisions of this section is liable to the state for a penalty of not less than one hundred nor more than one thousand dollars for each offense.
Action shall be brought to recover such penalty in a court of competent jurisdiction in the name of the state by the attorney general or by the county attorney of any county in or through which the railroad is operated.
R. S. § 40-846, AZ ST § 40-846

Current through legislation effective June 13, 2022 of the Second Regular Session of the Fifty-Fifth Legislature (2022)

Ariz. Rev. Stat. Ann. § 40-846

Warning Devices- Active

State Laws and Regulations

40-337.01. Installation of automatic warning devices; agreements for sharing cost; apportionment of cost

The commission may determine, after a public hearing, whether any particular crossing of a railroad and a public highway or street is sufficiently hazardous as to require the installation of automatic warning signals or devices at such crossing, provided, that a public hearing shall not be required if the parties in interest have entered into an agreement for the construction of such crossing and for the apportionment between them of the cost of acquiring and installing such automatic warning signals or devices and provided further such agreement assesses the cost at not to exceed the amounts prescribed in subsection B.
If the commission finds that any crossing requires the installation of automatic warning signals or devices, it shall order such installation, and if the parties in interest are unable to agree upon the apportionment of the cost of acquisition and installation, then the cost shall be borne as follows:
The railroad, fifty per cent.
Where a city street is involved: the city, fifty per cent.
Where a county highway is involved: the county, fifty per cent.
When a state highway is involved: the state highway fund, fifty per cent.
City, county or state highway funds may be used to finance the cost of installation of automatic warning signals or devices in amounts greater than those set forth in this subsection, provided that federal funds are available for and are actually reimbursed to the city, county or state highway to cover the cost of the installation.
When a railroad has installed automatic signals or warning devices pursuant to order of the commission, it shall secure reimbursement for that portion of the cost thereof which, in accordance with the agreement of the parties in interest or the provisions hereof, is to be borne by others, by filing verified claims with the appropriate fiscal officers, and such claims shall be approved and paid without reference to or limitation by the provisions of any other law. For the purpose of determining the amount of reimbursement to which the railroad is entitled, the commission shall retain jurisdiction of the matter and upon completion of the installation of the automatic signals and warning devices, shall make a determination as to the cost of installing same, including but not limited to, the cost of acquisition and expense of installation.

Ariz. Rev. Stat. Ann. § 40-337.01

40-337.03. Determination of location of automatic warning signals

Ariz. Rev. Stat. Ann. § 40-337.03

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.