Crossing Treatment Procedures

State Laws and Regulations

100. Alteration of grade of highway; decree of county commissioners; security

A railroad corporation may raise or lower a public way to permit its railroad to pass over or under the same; but before proceeding to cross or to alter or excavate for the purpose of crossing the way, it shall obtain from the county commissioners a decree prescribing what alterations may be made in the way, and what structures erected at the crossing, and the manner and time of making or erecting the same; and before entering upon, excavating or altering the way, it shall give to the city or town where the crossing is situated security, satisfactory to the commissioners, that it will faithfully comply with the requirements of the decree to their acceptance, and will indemnify the city or town against all damages and charges by reason of a failure so to do.

If, upon the petition of the board of aldermen or selectmen, it appears that such corporation has excavated or altered a public way without obtaining the decree and giving the security required by this section, or has neglected for fifteen days to give security as required by section one hundred and six, the supreme judicial court may enjoin it from entering upon, altering, excavating or crossing the way until such decree has been obtained or such security given.

Mass. Gen. Laws Ann. ch. 160, § 100

104. Proceedings to lay out public way across railroad

A public way may be laid out across a railroad previously constructed, if the county commissioners, or the department of highways in the case of a state highway, adjudge that public necessity and convenience so require; and in such case, after notice to the railroad corporation and a hearing of all parties interested, said commissioners or division, or a city or town by authority of the county commissioners granted upon petition of its board of aldermen or selectmen, may thus lay out a way across a railroad, in such manner as not to injure or obstruct the railroad, and otherwise in conformity with sections ninety-seven and ninety-eight. A public way shall not be permitted to cross at a level with the railroad unless it is determined by the department of highways, in the case of a state highway, or the county commissioners, in the case of any other public way, after notice to all persons interested and a hearing, that public necessity so requires, and the department of telecommunications and energy consents thereto in writing. If it is necessary in the laying out, construction or alteration of a state highway across a railroad to alter or relocate the railroad, the department of highways may take by eminent domain under chapter seventy-nine, on behalf of the railroad corporation, land or rights in land necessary for such alteration or relocation with the written approval of the department of telecommunications and energy. Charges and expenses for such alteration or relocation shall be paid by the department of highways. A copy of the proceedings of the department of highways in laying out a state highway under this section, including a copy of the plan of so much of said way as lies within the location of the railroad, shall be filed in the office of the county commissioners of the county where such way is located.

Mass. Gen. Laws Ann. ch. 160, § 104

97. Highway crossings; obstructions; grade separations

A railroad laid out across a public way shall be so constructed as not to obstruct the same; and, unless the county commissioners and the department authorize a crossing at the same level as provided in section one hundred and two, it shall be constructed so as to pass either over or under the way, as prescribed in the following section, and conformably to any decree which may be made by the county commissioners under section one hundred.

Mass. Gen. Laws Ann. ch. 160, § 97

101. Alteration of course of highway; decree of county commissioners; security; eminent domain

A railroad corporation may alter the course of a public way to facilitate the crossing thereof by its railroad or to permit its railroad to pass at the side thereof without crossing, if, after notice to the city or town where the way is situated, and a hearing, the county commissioners decide that such alteration will not essentially injure the way, and make a decree prescribing the time and manner of such alteration. If it is necessary to take land for such alteration, the county commissioners shall take the same by eminent domain under chapter seventy-nine on behalf of the county, city or town having jurisdiction over the alteration of such way, and before entering upon, excavating or altering such way the corporation shall give to such county, city or town security satisfactory to the commissioners that it will indemnify such county, city or town for all damages and charges which it is obliged to pay by reason of such taking.

Mass. Gen. Laws Ann. ch. 160, § 101

Blocked Crossings

State Laws, Regulations, and Penalties

151. Obstruction of public way by railroad; penalty

A railroad corporation, or receiver or assignee thereof, or its or his servant or agent, shall not wilfully or negligently obstruct or unnecessarily or unreasonably use or occupy a public way, or in any case wilfully obstruct, use or occupy it with cars or engines for more than five minutes at one time; and if a public way has been thus used or occupied with cars or engines, the railroad corporation, or receiver or assignee thereof, shall not again use or occupy it with the cars or engines of a freight train, until a sufficient time, not less than three 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. A railroad corporation, receiver or assignee thereof, who violates this section, shall forfeit not less than two hundred nor more than five hundred dollars.

Mass. Gen. Laws Ann. ch. 160, § 151

Warning Devices-Passive

State Laws and Regulations

140. Signs protecting public ways

Every railroad corporation shall cause boards, supported by posts or otherwise at such height as to be easily seen by travelers, and not obstructing travel, containing on each side in capital letters at least nine inches long the following inscription,–RAILROAD CROSSING–LOOK OUT FOR THE ENGINE,–to be placed and constantly maintained across each public way where it is crossed by the railroad at the same level; or the corporation may substitute therefor warning boards on each side of the crossing, of such form, size and description as the department approves.

Mass. Gen. Laws Ann. ch. 160, § 140

141. Signs protecting a traveled place

The board of aldermen of a city or the selectmen of a town where a traveled place is crossed by a railroad at the same level, if of opinion that it is necessary for the better security of the public that boards such as are described in the preceding section should be maintained at such traveled place, may in writing request the railroad corporation to erect and maintain them. If it refuses or neglects so to do, they may apply to the department. If the department, after public notice and a hearing, decides that such erection is necessary for the better security of the public, the corporation shall comply with such decision.

Mass. Gen. Laws Ann. ch. 160, § 141

142. Signs erected by municipalities

Every county, city and town shall, except as hereinafter provided, and the department of highways shall, unless in any case it deems it unnecessary or impracticable so to do, place and maintain warning signs on every public way subject to its jurisdiction where the way crosses the tracks of a railroad at grade. Said warning signs shall be placed in a conspicuous location beside the public way on each side of the crossing at a distance of not less than two hundred and fifty feet from the nearest rail of the crossing and shall conform in design with the official standards of the department of highways.

Mass. Gen. Laws Ann. ch. 160, § 142

Warning Devices- Train Borne

State Law, Regulations, and Penalties

138. Warning to public

Every railroad corporation shall cause a bell of at least thirty-five pounds in weight, and a whistle, to be placed on each locomotive engine passing upon its railroad; and such bell shall be rung or at least three separate and distinct blasts of such whistle sounded at the distance of at least eighty rods from the place where the railroad crosses upon the same level any public way or traveled place over which a signboard is required to be maintained as provided in sections one hundred and forty and one hundred and forty-one; and such bell shall be rung or such whistle sounded continuously or alternately until the engine has crossed such way or traveled place. This section shall not affect the authority conferred upon the department by the following section.

Mass. Gen. Laws Ann. ch. 160, § 138

139. Regulation by department of use of warning devices

The department, upon petition, and after notice to the railroad corporation and a public hearing, may, for good cause shown, recommend to such railroad corporation such changes as it considers proper in the manner of making up and shifting freight trains or freight cars, and of sounding of whistles on locomotives, and it may by written order forbid or regulate the sounding of whistles on the locomotives of such corporation at any specified grade crossings of the tracks of such corporation with any public way. The corporation which is subject to such order shall, until the order has been modified or annulled by the department, conform in all respects to the terms thereof.

Mass. Gen. Laws Ann. ch. 160, § 139

15. Precautions at railroad crossings

Except as hereinafter otherwise provided, every person operating a motor vehicle, upon approaching a railroad crossing at grade, shall reduce the speed of the vehicle to a reasonable and proper rate before proceeding over the crossing, and shall proceed over the crossing at a rate of speed and with such care as is reasonable and proper under the circumstances. Every person operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo, or part of a cargo, upon approaching a railroad crossing at grade, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad, and shall not proceed to cross until it is safe to do so. The operator of a school bus, in addition to bringing his vehicle to a full stop, as aforesaid, shall open the service door, ascertain if he may cross safely and thereupon close said door before proceeding. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by red lights which flash as a warning, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said lights stop flashing. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by a lowered automatic gate, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said automatic gate is raised. Every person operating any motor vehicle, upon approaching at grade a railroad crossing protected by a railroad employee waving a red flag or white lantern, shall bring his vehicle to a full stop not less than fifteen feet and not more than fifty feet from the nearest track of said railroad and shall not proceed to cross until said railroad employee signals that it is safe to do so. A railroad train approaching within approximately one thousand five hundred feet of a highway crossing shall emit a warning signal audible from such distance. Whoever violates any provisions of this section and is operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall be punished by a fine of not less than $500 or by being required to perform a total of 100 hours of community service which may include service in the operation lifesaver program. All other persons violating the provisions of this section not operating a school bus, or any motor vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall be punished by a fine of not less than $100 nor more than $200 or by being required to perform a total of 50 hours of community service which may include service in the operation lifesaver program. ,

Mass. Gen. Laws Ann. ch. 90, § 15

Warning Devices- Active

State Laws and Regulations

138A. Warning devices at crossings

A railroad corporation whose railroad is crossed by a public way at the same grade shall, at its own expense, install at any such grade crossing designated by the department and used by through passenger trains or cars or through freight trains a device to activate by hand a warning signal which shall audibly or visibly warn an approaching train from the grade crossing of danger at said grade crossing.

Mass. Gen. Laws Ann. ch. 160, § 138A

139. Regulation by department of use of warning devices

Mass. Gen. Laws Ann. ch. 160, § 139

Private Crossings

State Laws and Regulations

109. Separation of private land; order of commissioners relative to crossing

If a railroad lawfully laid out through land without the consent of the owner thereof separates a portion of such land from another or from a public way, and the owner, having a right to cross the railroad, cannot agree with the corporation as to the place or manner in which he shall cross, or if a crossing is inconvenient, either party, in a case which does not involve the abolition of a crossing at grade, may apply to the county commissioners, who, after taking a recognizance from the applicant to the county, with sureties to their satisfaction, for the payment of costs and expenses according to their order, and after notice to the other party and a hearing, may make an order relative to such crossing and to the costs of the application; but they shall not order the corporation to construct or maintain a crossing without its consent, unless it is liable by law or by agreement to construct a crossing for the owner of the land, or is the applicant.

Mass. Gen. Laws Ann. ch. 160, § 109

Vegetation Clearance

State Laws, Regulations, and Penalties

150. Obstruction of view by standing wood; petition for removal; payment for damages

If the view of a railroad crossing or highway at grade is obstructed by standing wood in woodlands, the railroad corporation or ten citizens of a town may petition the county commissioners for the county where such crossing is situated for the removal of such standing wood; and the commissioners, after notice and a hearing, shall make such orders as to such removal as the public safety demands. They shall also prescribe the limits within which such standing wood shall be taken, and shall determine the damage sustained. Such damage and the expense incident thereto may be recovered from the railroad corporation under chapter seventy-nine.

Mass. Gen. Laws Ann. ch. 160, § 150 (West)