Crossing Treatment Procedures

State Laws and Regulations

704.300. Railroad crossings: Powers of Commission; payment of expenses

After an investigation initiated either upon the Commission’s own motion or as the result of the filing of a formal application or complaint by the Department of Transportation, the board of county commissioners of any county, the town board or council of any town or municipality, or any railroad company, the Commission may order for the safety of the traveling public:

(a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.

(b) Changes in the method of crossing at grade, or above or below grade.

(d) The removal of obstructions to the public view in approaching any crossing.

(e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents and motor vehicle crashes effective.

The Commission shall order that the cost of any elimination, removal, addition, change, alteration or betterment so ordered must be divided and paid in such proportion by the State, county, town or municipality and the railroad or railroads interested as is provided according to the circumstances occasioning the cost in NRS 704.305.
If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 1, all costs incurred by reason of the hearing, including, but not limited to, publication of notices, reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.

Nev. Rev. Stat. Ann. § 704.300

704.305. Railroad crossings: Apportionment of costs of construction, reconstruction and protective devices; maintenance of surface

The entire cost of a new grade crossing or a new grade separation, including any automatic protection devices that may be required, where no existing grade crossing located at or in the immediate vicinity of the new grade crossing or grade separation structure is eliminated, shall be apportioned to and borne by the governmental unit or units affected if a governmental unit initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad.
Where a new grade separation will directly result in the elimination of an existing grade crossing located at or in the immediate vicinity of the grade separation or an existing grade separation is reconstructed, 13 percent of the cost shall be apportioned to and borne by the railroad or railroads and the remainder of the cost shall be apportioned to and borne by the governmental unit or units affected. If a grade separation structure provides either more highway lanes or space for more highway lanes than are in place on the existing highway grade crossing being eliminated, the railroad share of cost shall be limited to 13 percent of the cost of constructing a grade separation structure having the same number of highway lanes that were in place on the highway prior to construction of the grade separation structure.
Where automatic protection devices are added or materially altered, changed or improved at an existing grade crossing, 87 percent of the cost of such added, altered, changed or improved automatic protection devices shall be apportioned to and borne by the governmental unit or units affected and 13 percent of the cost shall be apportioned to and borne by the railroad or railroads.
The cost of maintaining any new, added or materially altered, changed or improved grade crossing automatic protection devices and appurtenances shall be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
The maintenance of a new or reconstructed grade separation structure shall be performed by the governmental unit or units affected, and the cost thereof shall be apportioned to and be borne by the governmental unit or units affected, except that the maintenance of waterproofing, ballast, ties, tracks and other railroad equipment shall be performed by the railroad or railroads, and the cost of such maintenance shall be apportioned to and borne by the railroad or railroads.
The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet on the outer side of each outermost rail, and such maintenance shall include, but is not limited to, the railroad roadbed, rails and all appurtenant facilities.
On projects where federal funds are used, apportionment and division of costs shall be in accordance with federal law and the rules, regulations and orders of the federal agency administering such law to the extent that such law, rule or regulations and orders require a different apportionment of costs than is set forth in this section. The provisions of this section may not otherwise be invoked on projects to the extent that such federal law, rules, regulations and orders are applicable.
The provisions of this section impose no limitation upon the right of governmental units or railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by such agreement, the Commission shall order those costs be apportioned and borne in the manner provided by such agreement.

Nev. Rev. Stat. Ann. § 704.305

Blocked Crossings

State Laws, Regulations, and Penalties

No applicable statute related to this topic.

Warning Devices-Passive

State Laws and Regulations

484B.557. Stop required at certain railroad grade crossings

The Department of Transportation, and local authorities with the approval of the Department of Transportation, may designate dangerous highway grade crossings of railroads and erect official traffic-control devices at such crossings directing a stop. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such a grade crossing and afterward may proceed only upon exercising due care.

Nev. Rev. Stat. Ann. § 484B.557

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

705.360. Headlights on locomotive; penalty

Every company, corporation lessee, manager or receiver, owning or operating a railroad in this state, shall equip, maintain, use and display at night upon each locomotive being operated in road service in this state an electric or other headlight of at least 1,500 candle power, measured without the aid of a reflector. Any electric headlight which will pick up and distinguish a person dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet is deemed the equivalent of a 1,500 candle power headlight measured without the aid of a reflector.
This section does not apply to:

(a) Locomotive engines regularly used in switching cars or trains.

(b) Railroads not maintaining regular night train schedules.

Any railroad company, or the receiver or lessee thereof, which violates the provisions of this section is liable to the Public Utilities Commission of Nevadafor a penalty of not more than $1,000 for each violation.

Nev. Rev. Stat. Ann. § 705.360

Warning Devices- Active

State Laws and Regulations

704.305. Railroad crossings: Apportionment of costs of construction, reconstruction and protective devices; maintenance of surface

The entire cost of a new grade crossing or a new grade separation, including any automatic protection devices that may be required, where no existing grade crossing located at or in the immediate vicinity of the new grade crossing or grade separation structure is eliminated, shall be apportioned to and borne by the governmental unit or units affected if a governmental unit initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad.
Where a new grade separation will directly result in the elimination of an existing grade crossing located at or in the immediate vicinity of the grade separation or an existing grade separation is reconstructed, 13 percent of the cost shall be apportioned to and borne by the railroad or railroads and the remainder of the cost shall be apportioned to and borne by the governmental unit or units affected. If a grade separation structure provides either more highway lanes or space for more highway lanes than are in place on the existing highway grade crossing being eliminated, the railroad share of cost shall be limited to 13 percent of the cost of constructing a grade separation structure having the same number of highway lanes that were in place on the highway prior to construction of the grade separation structure.
Where automatic protection devices are added or materially altered, changed or improved at an existing grade crossing, 87 percent of the cost of such added, altered, changed or improved automatic protection devices shall be apportioned to and borne by the governmental unit or units affected and 13 percent of the cost shall be apportioned to and borne by the railroad or railroads.
The cost of maintaining any new, added or materially altered, changed or improved grade crossing automatic protection devices and appurtenances shall be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
The maintenance of a new or reconstructed grade separation structure shall be performed by the governmental unit or units affected, and the cost thereof shall be apportioned to and be borne by the governmental unit or units affected, except that the maintenance of waterproofing, ballast, ties, tracks and other railroad equipment shall be performed by the railroad or railroads, and the cost of such maintenance shall be apportioned to and borne by the railroad or railroads.
The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet on the outer side of each outermost rail, and such maintenance shall include, but is not limited to, the railroad roadbed, rails and all appurtenant facilities.
On projects where federal funds are used, apportionment and division of costs shall be in accordance with federal law and the rules, regulations and orders of the federal agency administering such law to the extent that such law, rule or regulations and orders require a different apportionment of costs than is set forth in this section. The provisions of this section may not otherwise be invoked on projects to the extent that such federal law, rules, regulations and orders are applicable.
The provisions of this section impose no limitation upon the right of governmental units or railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by such agreement, the Commission shall order that costs be apportioned and borne in the manner provided by such agreement.

Nev. Rev. Stat. Ann. § 704.305

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.