Safety Literature

[Anonymous]

Why are these not carried on trains, maintenance vehicles, or all company vehicles so the people on the railroad can file sight obstructions, missing active equipment, etc... etc... etc...

http://www.wsdot.wa.gov/TA/ProgMgt/Grants/Sight_Eng.pdf
http://safety.fhwa.dot.gov/media/twgreport.htm#663
http://www.fhwa.dot.gov//////tfhrc/safety/pubs/90003/90003.pdf
http://www.fra.dot.gov/pdf/safety/technical_working_group/twg_part_5.pdf
http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0646b.htm
Cause of Failure Code GG
01 Sand, Rust, or Other Deposit On Rail
02 Failure of Relay
03 Crosses, Grounds, Foreign Current, or Open Circuits
04 Apparatus Broken, Defective, or Out of Adjustment
05 Lightning / Power Surge
06 Vandalism
07 Errors in Connections or Adjustments
08 Design Error
09 Directional Lockout of Stick Circuit or Interlocking Relay
10 Commercial Power Failure
11 Railroad Power Failure (Primary Battery or RR Power Lines)
12 Failure of Electronic Device
13 Interference
14 Other, Miscellaneous (Please explain in comments section.)
Comments if Applicable

[Anonymous]

Why are these not carried on trains, maintenance vehicles, or all company vehicles so the people on the railroad can file sight obstructions, missing active equipment, etc... etc... etc...

http://www.wsdot.wa.gov/TA/ProgMgt/Grants/Sight_Eng.pdf
http://safety.fhwa.dot.gov/media/twgreport.htm#663
http://www.fhwa.dot.gov//////tfhrc/safety/pubs/90003/90003.pdf
http://www.fra.dot.gov/pdf/safety/technical_working_group/twg_part_5.pdf
http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0646b.htm
Cause of Failure Code GG
01 Sand, Rust, or Other Deposit On Rail
02 Failure of Relay
03 Crosses, Grounds, Foreign Current, or Open Circuits
04 Apparatus Broken, Defective, or Out of Adjustment
05 Lightning / Power Surge
06 Vandalism
07 Errors in Connections or Adjustments
08 Design Error
09 Directional Lockout of Stick Circuit or Interlocking Relay
10 Commercial Power Failure
11 Railroad Power Failure (Primary Battery or RR Power Lines)
12 Failure of Electronic Device
13 Interference
14 Other, Miscellaneous (Please explain in comments section.)
Comments if Applicable

[Anonymous]

Here ya go again. When will you stop??

http://www.wsdot.wa.gov/TA/ProgMgt/Grants/Sight_Eng.pdf
This state of Washington DOT diagram has been explained already.

http://www.fhwa.dot.gov//////tfhrc/safety/pubs/90003/90003.pdf
Have you read the notice on page 2?

QUOTE: Notice
This document is disseminated under the sponsorship of the Department of Transportation in the interest of information exchange. The United States Government assumes no liability for its content or use thereof.

The contents of this report reflect the views of the authors, who are responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official policy of the Department of Transportation.

This report does not constitute a manual, handbook, standard, specification, or regulation.

http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0646b.htm
What does this have to do with the train crews? This is a Federal-Aid Policy Guide.

http://safety.fhwa.dot.gov/media/twgreport.htm#663

QUOTE: The report is intended to provide guidance to assist engineers in selection of traffic control devices or other measures at highway-rail grade crossings. It is not to be interpreted as policy or standards. Any requirements that may be noted in this guidance are taken from the Manual on Uniform Traffic Control Devices (MUTCD) or other document identified by footnotes. These authorities should be followed. This guide merely tries to incorporate some of the requirements found in those documents. A number of measures are included which may not have been supported by quantitative research, but are being used by States and local agencies. These are included to inform practitioners of an array of tools used or being explored.

The goal is to provide a guidance document for users who understand general engineering and operational concepts of highway-rail grade crossings. The Guide serves as a reference to aid in decisions to install traffic control devices or otherwise improve such crossings. Additional references are provided as resource for further information.

Again...it's a report to provide guidance. It's not a standard.

The crew on the train has nothing to do with how the crossings are setup. That's the job of the civil engineers, planners and others. The crew on the train are not equipped with survey equipment. They're not going to stop at every crossing and get out and survey the crossing and take measurements.

The more I read about this stuff, it seems to me that the community, the government shares responsibility for maintaining crossing safety. The rail lines in many cases have been in place well before the local population. When communities expand and develop areas along tracks, is it not their responsibility to work with the railroads to make crossings safe? From what I've seen in some of those documents, it seems to me that people in government are concerned and are working on the issue. Thus the reason for those documents. Each one of those documents you reference does nothing to support whatever it is your trying to point out here. Those documents leave me with the impression that crossing safety is an issue that is being taken seriously and efforts are being made to improve them.

[Anonymous]

Here ya go again. When will you stop??

http://www.wsdot.wa.gov/TA/ProgMgt/Grants/Sight_Eng.pdf
This state of Washington DOT diagram has been explained already.

http://www.fhwa.dot.gov//////tfhrc/safety/pubs/90003/90003.pdf
Have you read the notice on page 2?

QUOTE: Notice
This document is disseminated under the sponsorship of the Department of Transportation in the interest of information exchange. The United States Government assumes no liability for its content or use thereof.

The contents of this report reflect the views of the authors, who are responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official policy of the Department of Transportation.

This report does not constitute a manual, handbook, standard, specification, or regulation.

http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0646b.htm
What does this have to do with the train crews? This is a Federal-Aid Policy Guide.

http://safety.fhwa.dot.gov/media/twgreport.htm#663

QUOTE: The report is intended to provide guidance to assist engineers in selection of traffic control devices or other measures at highway-rail grade crossings. It is not to be interpreted as policy or standards. Any requirements that may be noted in this guidance are taken from the Manual on Uniform Traffic Control Devices (MUTCD) or other document identified by footnotes. These authorities should be followed. This guide merely tries to incorporate some of the requirements found in those documents. A number of measures are included which may not have been supported by quantitative research, but are being used by States and local agencies. These are included to inform practitioners of an array of tools used or being explored.

The goal is to provide a guidance document for users who understand general engineering and operational concepts of highway-rail grade crossings. The Guide serves as a reference to aid in decisions to install traffic control devices or otherwise improve such crossings. Additional references are provided as resource for further information.

Again...it's a report to provide guidance. It's not a standard.

The crew on the train has nothing to do with how the crossings are setup. That's the job of the civil engineers, planners and others. The crew on the train are not equipped with survey equipment. They're not going to stop at every crossing and get out and survey the crossing and take measurements.

The more I read about this stuff, it seems to me that the community, the government shares responsibility for maintaining crossing safety. The rail lines in many cases have been in place well before the local population. When communities expand and develop areas along tracks, is it not their responsibility to work with the railroads to make crossings safe? From what I've seen in some of those documents, it seems to me that people in government are concerned and are working on the issue. Thus the reason for those documents. Each one of those documents you reference does nothing to support whatever it is your trying to point out here. Those documents leave me with the impression that crossing safety is an issue that is being taken seriously and efforts are being made to improve them.

[Anonymous]

Well if you insist. The state of Washington statute sucks. A 60 mph train is going 88 feet per second so they say here take 100 feet which is good for what 1. 12 seconds? That's why the FRA needs to be brought up on multiple counts of negligient homicide alond with the railroad, state, county, and cities who allow the killings to go on.

...WASHINGTON
Every railroad operating within the State of Washington is required to keep its right-of-way clear of
all brush and timber in the vicinity of a railroad grade crossing with a county road for a distance of one
hundred feet from the crossing so as to allow a person an unobstructed view in both directions of an
approaching train. Likewise, the county legislative authority shall keep their right-of-way clear for one
hundred feet in both directions. Wash. Rev. Code § 36.86.100 (1999).
Every railroad is required to keep its right-of-way clear of all brush and timber in the vicinity of a
railroad grade crossing with a state highway for a distance of one hundred feet from the crossing so as to
allow a person an unobstructed view in both directions of an approaching train. Likewise, the Washington
Transportation Department is responsible to clear their right-of-way in the same manner and for the same
distance. Wash. Rev. Code § 47.32.140 (1999)....

12-1
CHAPTER 12: VEGETATION CLEARANCE
CHAPTER OVERVIEW
This chapter is intended to present an overview of laws and regulations covering responsibility for
the removal of brush, shrubbery, and trees from the railroad right of way within a reasonable distance from
the crossing.
If the relevant statute prescribes a penalty, it is listed here. As in other chapters, the relevant
citations are listed in the narrative.
STATE LAWS AND REGULATIONS
ALABAMA
Alabama has no such regulation.
ALASKA
Alaska has no such regulation.
ARIZONA
Arizona has no such regulation.
ARKANSAS
Arkansas law requires all railroads operating within the state to maintain their right-of-way at or
around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other
growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public
highway.
The maintenance of the right-of-way must be for a distance of fifty feet on each side of the
centerline between the rails for the maintenance width and for a distance of one hundred yards on each side
of the centerline from the public road or highway for the maintenance length
Penalty
Any railroad corporation failing or refusing to comply shall be subject to a fine of not less than one
hundred dollars nor more than five hundred dollars for each violation. Ark. Code Ann. § 23-12-201 (1999).
12-2
CALIFORNIA
California has no applicable statute.
COLORADO
Colorado law requires railroads to pay all expenses of keeping public and private crossings planked
and in good repair. Colo. Rev. Stat. § 40-24-104 (1999).
CONNECTICUT
If the view of that portion of the tracks of any railroad, crossing a highway at grade, which adjoins
such crossing, is obstructed by trees, shrubbery, embankments of earth or structures of any kind, the
Commissioner of Transportation may, after proper notice to the railroad company and to the selectmen of the
town, mayor of the city or warden of the borough wherein such crossing is located and to the owners of the
land adjoining the crossing, conduct a hearing and make such orders for or concerning the removal of any
such obstruction as will afford an unobstructed view of the railroad tracks and highway for a distance of at
least one hundred and fifty feet in each direction from the crossing. The entire expense occasioned by any
order of the Commissioner is to be paid for by the railroad company. Conn. Gen. Stat. § 13b-281(1999).
DELAWARE
Delaware has no applicable statute.
DISTRICT OF COLUMBIA
District of Columbia has no applicable statute.
FLORIDA
Florida law prohibits the removal, cutting, marring, defacing, or destruction of any trees or other
vegetation, either by direct personal action or by causing any other person to take such action, within the
rights-of-way of roads located on the State Highway System or within publically owned rail corridors unless
prior written permission has been granted by the Department of Transportation, except where normal tree
trimming is required to ensure the safe operation of utility facilities, and such tree trimming is performed in
accordance with the provisions of its utility accommodations guide. The Department is required to adopt
rules for the implementation of this section to achieve protection of vegetation while at the same time
assuring safe utility operations.
Any person who violates the provisions of this section is guilty of a misdemeanor of the second
degree. Fla. Stat. § 337.405 (1999 Supplement). See also Sections 775.082 and 775.083, concerning
punishment.
12-3
GEORGIA
Georgia has no applicable statute.
HAWAII
Hawaii has no applicable statute.
IDAHO
Idaho law requires that the owner of real property be responsible for the removal from his property
of any hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or
highway signs, buildings and trees, where these sight obstructions constitute a potential traffic hazard. A
sight obstruction shall not extend more than three feet, or less than ten feet, in height above the existing
center line highway elevation within the vision triangle of vehicle operators. The boundaries of the vision
triangles are defined by measuring from the intersection of the edges of two adjacent highways forty feet
along each highway and connecting the two points with a straight line. The sight distance obstruction
restriction is also applicable to railroad-highway grade crossings with vision triangle defined by measuring
forty feet along the railroad property line when intersecting with a highway.
The failure of the owner to remove the traffic hazard after being notified, within a specified period of
time as determined by the Department of Transportation shall constitute a misdemeanor and every day the
owner fails to remove the obstruction may be considered a separate and distinct offense. Civil action may be
initiated by state or local officials to enforce vision triangle restrictions. Idaho Code § 49-221(2)(3) (Lexis
1999 Supplement).
ILLINOIS
Every rail carrier operating within the State of Illinois is required to remove from its right of way at
all grade crossings within the State, all brush, shrubbery, and trees as is reasonably practical for a distance of
not less than 500 feet in either direction from each grade crossing. 625 ILCS 5/18c-7401 (1999).
INDIANA
Indiana law does not mention grade crossings per se; it does require that all railroad corporations
doing business in Indiana must, between July 1 and August 20 in each year, destroy detrimental plants (see
Section 15-3-4-1 for definition of detrimental plants), noxious weeds, and rank vegetation growing on lands
occupied by the railroad. Ind. Code Ann. § 8-3-7-1 (1999).
Penalty
Any railroad failing to comply with these requirements will be liable for a penalty of twenty five
dollars. Ind. Code Ann. § 8-3-7-2 (1999).
12-4
IOWA
Iowa law requires every railroad operating in the state to insure that vegetation on their property
which is on or immediately adjacent to the roadbed be controlled so that it does not:
1. Become a fire hazard to track-carrying structures.
2. Obstruct visibility of railroad signs and signals.
3. Interfere with railroad employees performing normal trackside duties.
4. Prevent proper functioning of signal and communication lines
5. Prevent railroad employees from visually inspecting moving equipment from their normal duty
stations. Iowa Code § 327F.27 (1999).
KANSAS
"The Board of County Commissioners of each county are authorized to cut all hedge fences, trees
and shrubs growing upon the highway right-of-way boundary, within three hundred fifty feet of a highwayrail
crossing ... and thereafter keep the same trimmed...". Kan Stat. Ann. § 19-2612 (1999).
KENTUCKY
Kentucky has no applicable code section.
LOUISIANA
Louisiana has no applicable code section.
MAINE
The Maine Department of Transportation has the authority to designate the highway-rail crossings in
the state at which, from all points on the highway within three hundred feet of these crossing, a traveler can
have a fair view (emphasis author’s) of an approaching train continuously from the time the train is three
hundred feet from the crossing until it has passed over the crossing, either under existing conditions or by
bushes, trees, fences, signboards or encroachments being trimmed, cut down or removed. Me. Rev. Stat.
Ann. tit. 23, § 7222 (West 1999).
When the Department of Transportation deems that trees, bushes or other encroachments are
obstructing the view at highway-rail crossings and such a condition is dangerous to travelers, it may order the
removal of any such obstacles. Me. Rev. Stat. Ann. tit. 23, § 7234 (West 1999).
Title 23 of the Maine Revised Statute at § 7222 allows the Department of Transportation to
designate by general orders, which can be issued without formal notice or hearing, crossings in which the
railroads must, through trimming brush and trees or by removing fences and signboards on their right-of-way,
insure that the motorist or traveler through the crossing has a clear view of an approaching train three
hundred feet from the crossing. Me. Rev. Stat. Ann. tit. 23, § 7222 (1999).
12-5
MARYLAND
Maryland has no applicable statute.
MASSACHUSETTS
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 proper notice
and hearing, may make 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. Any
damage and expense incident thereto may be recovered from the railroad corporation. Mass. Gen. Laws
Ann. ch. 160, § 150 (1999).
MICHIGAN
Michigan law allows the road authority and the railroad to agree in writing for clear vision areas on
crossings in high speed rail corridors. The portions of the right-of-way and property owned and controlled by
the respective parties within an area to be provided for clear vision shall be considered as dedicated to the
joint usage of both the railroad and the road authority.
The acquisition of right-of-way, purchase and removal of obstructions within a clear vision area,
including buildings and other artificial construction, trees, brush, and other growths, and grading or earthwork,
and including the maintenance of such conditions, shall be at the equal cost and expense of the railroad and
the road authority. Mich. Comp. Laws § 462.317 (1999).
MINNESOTA
If a railroad, road authority, or abutting property owner fails to control the growth of trees or
vegetation or the placement of structures or other obstructions on its right-of-way or property as to interfere
with the safety of the public traveling on a public or private grade crossing, the local governing body of the
town or municipality where the grade crossing is located may, by notice, require the obstruction to be
removed as necessary to provide an adequate view of oncoming rains as the crossings. The Commissioner
is required to adopt rules establishing minimum standards for visibility at public and private grade crossings.
Penalty
A railroad company, road authority, or property owner failing to comply within 30 days after being
notified in writing is subject to a fine of fifty dollars for each day that the condition is not corrected. Minn.
Stat. § 219-384(1)(2) (1998).
MISSISSIPPI
Mississippi has no applicable code section.
12-6
MISSOURI
All railroads operating in Missouri are responsible for the maintenance of their right-of-way at
highway-rail crossings. The crossing must be kept clear of vegetation, undergrowth or other debris for a
distance of two hundred and fifty feet each way from the near edge of the crossing. Mo. Rev. Stat. §
389.665 (1993).
MONTANA
Montana has no applicable code section.
NEBRASKA
Nebraska has no applicable code section.
NEVADA
Nevada has no applicable code section.
NEW HAMPSHIRE
Whenever, after a hearing upon petition or upon its own motion, the Department of Transportation
shall be of the opinion that the protection required by its order demands that the land adjacent to any crossing
shall be kept clear of buildings, trees, brush or other obstructions, it may order the railroad corporation to
clear the land of such obstruction. N.H. Rev. Stat. Ann. § 373:18 (1998).
NEW JERSEY
New Jersey has no applicable code section.
NEW MEXICO
New Mexico has no applicable code section.
NEW YORK
New York has no applicable code section.
NORTH CAROLINA
North Carolina has no applicable code section.
12-7
NORTH DAKOTA
North Dakota has no applicable code section.
OHIO
Every railroad company is required to destroy or remove plants, trees, brush, or other destructive
vegetation upon its right-of-way at each intersection with a public road or highway, for a distance of six
hundred feet or a reasonably safe distance from the roadway of the public road as shall be determined by the
Public Utilities Commission.
Whenever any railroad fails to destroy or remove such vegetation after ten-day written notice served
on its local agent, the Commission, Board of County Commissioners, Board of Township Trustees, or
legislative authority of a municipal corporation, in which the intersection is located, having the care of such
road or highway, shall remove such plants, trees, brush, or other obstructive vegetation and shall recover the
cost of removal from the responsible railroad company.
Penalty
If the railroad company fails to pay the amount demanded within thirty days after notification by
certified mail, the Commission, Board of County Commissioners, Board of Township Trustees, or legislative
authority of a municipal corporation shall certify the amount demanded to the county auditor to be collected
as other taxes and assessments and upon collection shall be credited to the general fund of the public body
causing the work to be performed. Ohio Rev. Code Ann. § 4955.36 (1999).
OKLAHOMA
Oklahoma has no applicable code section.
OREGON
Oregon has no applicable code section.
PENNSYLVANIA
Pennsylvania has no applicable code section.
RHODE ISLAND
Rhode Island has no applicable code section.
12-8
SOUTH CAROLINA
South Carolina law requires that all railroad crossings on public highways must be inspected for
conditions which unsafely obstruct a motorist’s view of approaching trains, for the presence of cross bucks
and for the presence of stop signs. The Department of Transportation is responsible for inspecting crossings
on state maintained highways, the governing body of each county is responsible where railroads cross county
maintained highways, and the governing body of each municipality are responsible for inspecting railroad
crossings on road and street right-of-way maintained by municipalities. The Department is required to inform
the counties and municipalities of the railroad crossings they are responsible for inspecting. By January 1,
1989, the governing body of each county and municipality must notify the Department of the office and public
official to whom the governing body has assigned responsibility for performing the inspections.
If the person inspecting a railroad crossings finds that a motorist’s view of approaching trains is
unsafely obstructed by vegetation, growth, or objects not permanently affixed to realty which are within the
right-of-way of the railroad, the inspector must immediately notify the Deputy Director of Engineering within
the Department of Transportation of the hazard. Notice from the Department shall direct the railroad to cut
or remove the vegetation, growth, and objects that are obstructing a motorist’s view.
Penalty
The railroad is then required to cut or remove the vegetation, growth, and objects within sixty days of
receipt of the notice. Failure on the part of the railroad company to do so within the specified period of time
will result in a civil penalty of not less one hundred dollars nor more than five hundred dollars. The railroad
company is subject to an additional civil penalty of one hundred dollars a day for each day obstructions
remain after the specified period of time.
If the inspector finds that a motorist’s view of approaching trains is obstructed by vegetation, growth,
or objects not permanently affixed to realty that lie outside the right-of-way of the railroad but within right-ofway
of highways and roads maintained by the state, county, or municipality, the inspector shall give written
notice to the appropriate department of the state, county, or municipality. The Department, counties, and
municipalities have sixty days to eliminate the hazard. If counties and municipalities fail to remove the
obstruction, the Department of Transportation must do so. Counties and cities are then required to reimburse
the Department.
If the inspector finds that motorist’s view is obstructed by vegetation, growth, or objects no
permanently affixed to realty that lie on private property outside the right-of-way of both the railroad and the
highway or orad right-of-way of the state, county or municipality, he or she must give appropriate notice.
The owner of the property shall then have sixty days to remove the obstruction.
By January first of each year, counties and municipalities are required to report all railroad crossings
that were inspected during the preceding year and at which no obstructions were found. The Department of
Transportation must also make a similar annual report and provide the report to the Senate Transportation
Committee and Education and Public Works Committee of the House of Representatives of the South
Carolina Legislature. S.C. Code Ann. § 58-17-1450 (1999).
12-9
SOUTH DAKOTA
South Dakota has no applicable code section.
TENNESSEE
Tennessee has no applicable code section.
TEXAS
Texas has no applicable code section.
UTAH
Utah has no applicable code section.
VERMONT
Vermont has no applicable code section.
VIRGINIA
Every railroad operating in Virginia is required to clear from its right-of-way trees and brush for 100
feet on each side of public road crossing at grade when such trees or brush would otherwise obstruct the
view of approaching trains.
Penalty
A violation by a railroad brings a fine of not more than five hundred dollars for each offense, to be
imposed by the State Corporation Commission after due notice and hearing. Va. Code Ann. § 56-411
(1999).
WASHINGTON
Every railroad operating within the State of Washington is required to keep its right-of-way clear of
all brush and timber in the vicinity of a railroad grade crossing with a county road for a distance of one
hundred feet from the crossing so as to allow a person an unobstructed view in both directions of an
approaching train. Likewise, the county legislative authority shall keep their right-of-way clear for one
hundred feet in both directions. Wash. Rev. Code § 36.86.100 (1999).
Every railroad is required to keep its right-of-way clear of all brush and timber in the vicinity of a
railroad grade crossing with a state highway for a distance of one hundred feet from the crossing so as to
allow a person an unobstructed view in both directions of an approaching train. Likewise, the Washington
Transportation Department is responsible to clear their right-of-way in the same manner and for the same
distance. Wash. Rev. Code § 47.32.140 (1999).
12-10
WEST VIRGINIA
West Virginia has no applicable code section.
WISCONSIN
Every railroad operating in Wisconsin must keep its right-of-way clear of brush or trees for a
distance of at least three hundred thirty feet in each direction from the center of its intersection with any
public highway, and for such further distance as is necessary to provide an adequate view of approaching
trains. Wis. Stat. § 195.29(6) (1999).
WYOMING
Wyoming has no applicable code section.

[Anonymous]

Well if you insist. The state of Washington statute sucks. A 60 mph train is going 88 feet per second so they say here take 100 feet which is good for what 1. 12 seconds? That's why the FRA needs to be brought up on multiple counts of negligient homicide alond with the railroad, state, county, and cities who allow the killings to go on.

...WASHINGTON
Every railroad operating within the State of Washington is required to keep its right-of-way clear of
all brush and timber in the vicinity of a railroad grade crossing with a county road for a distance of one
hundred feet from the crossing so as to allow a person an unobstructed view in both directions of an
approaching train. Likewise, the county legislative authority shall keep their right-of-way clear for one
hundred feet in both directions. Wash. Rev. Code § 36.86.100 (1999).
Every railroad is required to keep its right-of-way clear of all brush and timber in the vicinity of a
railroad grade crossing with a state highway for a distance of one hundred feet from the crossing so as to
allow a person an unobstructed view in both directions of an approaching train. Likewise, the Washington
Transportation Department is responsible to clear their right-of-way in the same manner and for the same
distance. Wash. Rev. Code § 47.32.140 (1999)....

12-1
CHAPTER 12: VEGETATION CLEARANCE
CHAPTER OVERVIEW
This chapter is intended to present an overview of laws and regulations covering responsibility for
the removal of brush, shrubbery, and trees from the railroad right of way within a reasonable distance from
the crossing.
If the relevant statute prescribes a penalty, it is listed here. As in other chapters, the relevant
citations are listed in the narrative.
STATE LAWS AND REGULATIONS
ALABAMA
Alabama has no such regulation.
ALASKA
Alaska has no such regulation.
ARIZONA
Arizona has no such regulation.
ARKANSAS
Arkansas law requires all railroads operating within the state to maintain their right-of-way at or
around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other
growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public
highway.
The maintenance of the right-of-way must be for a distance of fifty feet on each side of the
centerline between the rails for the maintenance width and for a distance of one hundred yards on each side
of the centerline from the public road or highway for the maintenance length
Penalty
Any railroad corporation failing or refusing to comply shall be subject to a fine of not less than one
hundred dollars nor more than five hundred dollars for each violation. Ark. Code Ann. § 23-12-201 (1999).
12-2
CALIFORNIA
California has no applicable statute.
COLORADO
Colorado law requires railroads to pay all expenses of keeping public and private crossings planked
and in good repair. Colo. Rev. Stat. § 40-24-104 (1999).
CONNECTICUT
If the view of that portion of the tracks of any railroad, crossing a highway at grade, which adjoins
such crossing, is obstructed by trees, shrubbery, embankments of earth or structures of any kind, the
Commissioner of Transportation may, after proper notice to the railroad company and to the selectmen of the
town, mayor of the city or warden of the borough wherein such crossing is located and to the owners of the
land adjoining the crossing, conduct a hearing and make such orders for or concerning the removal of any
such obstruction as will afford an unobstructed view of the railroad tracks and highway for a distance of at
least one hundred and fifty feet in each direction from the crossing. The entire expense occasioned by any
order of the Commissioner is to be paid for by the railroad company. Conn. Gen. Stat. § 13b-281(1999).
DELAWARE
Delaware has no applicable statute.
DISTRICT OF COLUMBIA
District of Columbia has no applicable statute.
FLORIDA
Florida law prohibits the removal, cutting, marring, defacing, or destruction of any trees or other
vegetation, either by direct personal action or by causing any other person to take such action, within the
rights-of-way of roads located on the State Highway System or within publically owned rail corridors unless
prior written permission has been granted by the Department of Transportation, except where normal tree
trimming is required to ensure the safe operation of utility facilities, and such tree trimming is performed in
accordance with the provisions of its utility accommodations guide. The Department is required to adopt
rules for the implementation of this section to achieve protection of vegetation while at the same time
assuring safe utility operations.
Any person who violates the provisions of this section is guilty of a misdemeanor of the second
degree. Fla. Stat. § 337.405 (1999 Supplement). See also Sections 775.082 and 775.083, concerning
punishment.
12-3
GEORGIA
Georgia has no applicable statute.
HAWAII
Hawaii has no applicable statute.
IDAHO
Idaho law requires that the owner of real property be responsible for the removal from his property
of any hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or
highway signs, buildings and trees, where these sight obstructions constitute a potential traffic hazard. A
sight obstruction shall not extend more than three feet, or less than ten feet, in height above the existing
center line highway elevation within the vision triangle of vehicle operators. The boundaries of the vision
triangles are defined by measuring from the intersection of the edges of two adjacent highways forty feet
along each highway and connecting the two points with a straight line. The sight distance obstruction
restriction is also applicable to railroad-highway grade crossings with vision triangle defined by measuring
forty feet along the railroad property line when intersecting with a highway.
The failure of the owner to remove the traffic hazard after being notified, within a specified period of
time as determined by the Department of Transportation shall constitute a misdemeanor and every day the
owner fails to remove the obstruction may be considered a separate and distinct offense. Civil action may be
initiated by state or local officials to enforce vision triangle restrictions. Idaho Code § 49-221(2)(3) (Lexis
1999 Supplement).
ILLINOIS
Every rail carrier operating within the State of Illinois is required to remove from its right of way at
all grade crossings within the State, all brush, shrubbery, and trees as is reasonably practical for a distance of
not less than 500 feet in either direction from each grade crossing. 625 ILCS 5/18c-7401 (1999).
INDIANA
Indiana law does not mention grade crossings per se; it does require that all railroad corporations
doing business in Indiana must, between July 1 and August 20 in each year, destroy detrimental plants (see
Section 15-3-4-1 for definition of detrimental plants), noxious weeds, and rank vegetation growing on lands
occupied by the railroad. Ind. Code Ann. § 8-3-7-1 (1999).
Penalty
Any railroad failing to comply with these requirements will be liable for a penalty of twenty five
dollars. Ind. Code Ann. § 8-3-7-2 (1999).
12-4
IOWA
Iowa law requires every railroad operating in the state to insure that vegetation on their property
which is on or immediately adjacent to the roadbed be controlled so that it does not:
1. Become a fire hazard to track-carrying structures.
2. Obstruct visibility of railroad signs and signals.
3. Interfere with railroad employees performing normal trackside duties.
4. Prevent proper functioning of signal and communication lines
5. Prevent railroad employees from visually inspecting moving equipment from their normal duty
stations. Iowa Code § 327F.27 (1999).
KANSAS
"The Board of County Commissioners of each county are authorized to cut all hedge fences, trees
and shrubs growing upon the highway right-of-way boundary, within three hundred fifty feet of a highwayrail
crossing ... and thereafter keep the same trimmed...". Kan Stat. Ann. § 19-2612 (1999).
KENTUCKY
Kentucky has no applicable code section.
LOUISIANA
Louisiana has no applicable code section.
MAINE
The Maine Department of Transportation has the authority to designate the highway-rail crossings in
the state at which, from all points on the highway within three hundred feet of these crossing, a traveler can
have a fair view (emphasis author’s) of an approaching train continuously from the time the train is three
hundred feet from the crossing until it has passed over the crossing, either under existing conditions or by
bushes, trees, fences, signboards or encroachments being trimmed, cut down or removed. Me. Rev. Stat.
Ann. tit. 23, § 7222 (West 1999).
When the Department of Transportation deems that trees, bushes or other encroachments are
obstructing the view at highway-rail crossings and such a condition is dangerous to travelers, it may order the
removal of any such obstacles. Me. Rev. Stat. Ann. tit. 23, § 7234 (West 1999).
Title 23 of the Maine Revised Statute at § 7222 allows the Department of Transportation to
designate by general orders, which can be issued without formal notice or hearing, crossings in which the
railroads must, through trimming brush and trees or by removing fences and signboards on their right-of-way,
insure that the motorist or traveler through the crossing has a clear view of an approaching train three
hundred feet from the crossing. Me. Rev. Stat. Ann. tit. 23, § 7222 (1999).
12-5
MARYLAND
Maryland has no applicable statute.
MASSACHUSETTS
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 proper notice
and hearing, may make 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. Any
damage and expense incident thereto may be recovered from the railroad corporation. Mass. Gen. Laws
Ann. ch. 160, § 150 (1999).
MICHIGAN
Michigan law allows the road authority and the railroad to agree in writing for clear vision areas on
crossings in high speed rail corridors. The portions of the right-of-way and property owned and controlled by
the respective parties within an area to be provided for clear vision shall be considered as dedicated to the
joint usage of both the railroad and the road authority.
The acquisition of right-of-way, purchase and removal of obstructions within a clear vision area,
including buildings and other artificial construction, trees, brush, and other growths, and grading or earthwork,
and including the maintenance of such conditions, shall be at the equal cost and expense of the railroad and
the road authority. Mich. Comp. Laws § 462.317 (1999).
MINNESOTA
If a railroad, road authority, or abutting property owner fails to control the growth of trees or
vegetation or the placement of structures or other obstructions on its right-of-way or property as to interfere
with the safety of the public traveling on a public or private grade crossing, the local governing body of the
town or municipality where the grade crossing is located may, by notice, require the obstruction to be
removed as necessary to provide an adequate view of oncoming rains as the crossings. The Commissioner
is required to adopt rules establishing minimum standards for visibility at public and private grade crossings.
Penalty
A railroad company, road authority, or property owner failing to comply within 30 days after being
notified in writing is subject to a fine of fifty dollars for each day that the condition is not corrected. Minn.
Stat. § 219-384(1)(2) (1998).
MISSISSIPPI
Mississippi has no applicable code section.
12-6
MISSOURI
All railroads operating in Missouri are responsible for the maintenance of their right-of-way at
highway-rail crossings. The crossing must be kept clear of vegetation, undergrowth or other debris for a
distance of two hundred and fifty feet each way from the near edge of the crossing. Mo. Rev. Stat. §
389.665 (1993).
MONTANA
Montana has no applicable code section.
NEBRASKA
Nebraska has no applicable code section.
NEVADA
Nevada has no applicable code section.
NEW HAMPSHIRE
Whenever, after a hearing upon petition or upon its own motion, the Department of Transportation
shall be of the opinion that the protection required by its order demands that the land adjacent to any crossing
shall be kept clear of buildings, trees, brush or other obstructions, it may order the railroad corporation to
clear the land of such obstruction. N.H. Rev. Stat. Ann. § 373:18 (1998).
NEW JERSEY
New Jersey has no applicable code section.
NEW MEXICO
New Mexico has no applicable code section.
NEW YORK
New York has no applicable code section.
NORTH CAROLINA
North Carolina has no applicable code section.
12-7
NORTH DAKOTA
North Dakota has no applicable code section.
OHIO
Every railroad company is required to destroy or remove plants, trees, brush, or other destructive
vegetation upon its right-of-way at each intersection with a public road or highway, for a distance of six
hundred feet or a reasonably safe distance from the roadway of the public road as shall be determined by the
Public Utilities Commission.
Whenever any railroad fails to destroy or remove such vegetation after ten-day written notice served
on its local agent, the Commission, Board of County Commissioners, Board of Township Trustees, or
legislative authority of a municipal corporation, in which the intersection is located, having the care of such
road or highway, shall remove such plants, trees, brush, or other obstructive vegetation and shall recover the
cost of removal from the responsible railroad company.
Penalty
If the railroad company fails to pay the amount demanded within thirty days after notification by
certified mail, the Commission, Board of County Commissioners, Board of Township Trustees, or legislative
authority of a municipal corporation shall certify the amount demanded to the county auditor to be collected
as other taxes and assessments and upon collection shall be credited to the general fund of the public body
causing the work to be performed. Ohio Rev. Code Ann. § 4955.36 (1999).
OKLAHOMA
Oklahoma has no applicable code section.
OREGON
Oregon has no applicable code section.
PENNSYLVANIA
Pennsylvania has no applicable code section.
RHODE ISLAND
Rhode Island has no applicable code section.
12-8
SOUTH CAROLINA
South Carolina law requires that all railroad crossings on public highways must be inspected for
conditions which unsafely obstruct a motorist’s view of approaching trains, for the presence of cross bucks
and for the presence of stop signs. The Department of Transportation is responsible for inspecting crossings
on state maintained highways, the governing body of each county is responsible where railroads cross county
maintained highways, and the governing body of each municipality are responsible for inspecting railroad
crossings on road and street right-of-way maintained by municipalities. The Department is required to inform
the counties and municipalities of the railroad crossings they are responsible for inspecting. By January 1,
1989, the governing body of each county and municipality must notify the Department of the office and public
official to whom the governing body has assigned responsibility for performing the inspections.
If the person inspecting a railroad crossings finds that a motorist’s view of approaching trains is
unsafely obstructed by vegetation, growth, or objects not permanently affixed to realty which are within the
right-of-way of the railroad, the inspector must immediately notify the Deputy Director of Engineering within
the Department of Transportation of the hazard. Notice from the Department shall direct the railroad to cut
or remove the vegetation, growth, and objects that are obstructing a motorist’s view.
Penalty
The railroad is then required to cut or remove the vegetation, growth, and objects within sixty days of
receipt of the notice. Failure on the part of the railroad company to do so within the specified period of time
will result in a civil penalty of not less one hundred dollars nor more than five hundred dollars. The railroad
company is subject to an additional civil penalty of one hundred dollars a day for each day obstructions
remain after the specified period of time.
If the inspector finds that a motorist’s view of approaching trains is obstructed by vegetation, growth,
or objects not permanently affixed to realty that lie outside the right-of-way of the railroad but within right-ofway
of highways and roads maintained by the state, county, or municipality, the inspector shall give written
notice to the appropriate department of the state, county, or municipality. The Department, counties, and
municipalities have sixty days to eliminate the hazard. If counties and municipalities fail to remove the
obstruction, the Department of Transportation must do so. Counties and cities are then required to reimburse
the Department.
If the inspector finds that motorist’s view is obstructed by vegetation, growth, or objects no
permanently affixed to realty that lie on private property outside the right-of-way of both the railroad and the
highway or orad right-of-way of the state, county or municipality, he or she must give appropriate notice.
The owner of the property shall then have sixty days to remove the obstruction.
By January first of each year, counties and municipalities are required to report all railroad crossings
that were inspected during the preceding year and at which no obstructions were found. The Department of
Transportation must also make a similar annual report and provide the report to the Senate Transportation
Committee and Education and Public Works Committee of the House of Representatives of the South
Carolina Legislature. S.C. Code Ann. § 58-17-1450 (1999).
12-9
SOUTH DAKOTA
South Dakota has no applicable code section.
TENNESSEE
Tennessee has no applicable code section.
TEXAS
Texas has no applicable code section.
UTAH
Utah has no applicable code section.
VERMONT
Vermont has no applicable code section.
VIRGINIA
Every railroad operating in Virginia is required to clear from its right-of-way trees and brush for 100
feet on each side of public road crossing at grade when such trees or brush would otherwise obstruct the
view of approaching trains.
Penalty
A violation by a railroad brings a fine of not more than five hundred dollars for each offense, to be
imposed by the State Corporation Commission after due notice and hearing. Va. Code Ann. § 56-411
(1999).
WASHINGTON
Every railroad operating within the State of Washington is required to keep its right-of-way clear of
all brush and timber in the vicinity of a railroad grade crossing with a county road for a distance of one
hundred feet from the crossing so as to allow a person an unobstructed view in both directions of an
approaching train. Likewise, the county legislative authority shall keep their right-of-way clear for one
hundred feet in both directions. Wash. Rev. Code § 36.86.100 (1999).
Every railroad is required to keep its right-of-way clear of all brush and timber in the vicinity of a
railroad grade crossing with a state highway for a distance of one hundred feet from the crossing so as to
allow a person an unobstructed view in both directions of an approaching train. Likewise, the Washington
Transportation Department is responsible to clear their right-of-way in the same manner and for the same
distance. Wash. Rev. Code § 47.32.140 (1999).
12-10
WEST VIRGINIA
West Virginia has no applicable code section.
WISCONSIN
Every railroad operating in Wisconsin must keep its right-of-way clear of brush or trees for a
distance of at least three hundred thirty feet in each direction from the center of its intersection with any
public highway, and for such further distance as is necessary to provide an adequate view of approaching
trains. Wis. Stat. § 195.29(6) (1999).
WYOMING
Wyoming has no applicable code section.

[JoeKoh]

Last train
Mr.pines has time on his hands.
stay safe
joe

[JoeKoh]

Last train
Mr.pines has time on his hands.
stay safe
joe

[BRAKIE]

Mr.Pines,I live in Ohio..Let me assure you that the State does not enforce those rules..Infact here is what the State did..They help install stop/yield signs at unprotected rail crossings..Now if a dummy pulls out in front of a train and lives to tell about it he/she will be sited for failure to yield just as they would if they pulled out into traffic and got hit by another car/truck..BTW if you are caught going though the flashing red lights at a rail crossing you will be fined..If you go around the gates and get caught you will be fined as well..Both can carry up to 30 days in jail...

[BRAKIE]

Mr.Pines,I live in Ohio..Let me assure you that the State does not enforce those rules..Infact here is what the State did..They help install stop/yield signs at unprotected rail crossings..Now if a dummy pulls out in front of a train and lives to tell about it he/she will be sited for failure to yield just as they would if they pulled out into traffic and got hit by another car/truck..BTW if you are caught going though the flashing red lights at a rail crossing you will be fined..If you go around the gates and get caught you will be fined as well..Both can carry up to 30 days in jail...

[Anonymous]

Missouri, It is apparent, by the lenth and persistents of your postings that you feel very strongly on crossing safty. Unfortunatly the method and language you have used up till know has been less then desireable. You have refered to railroad workers as cold hearted murders and greedy money grubbing people. Not a good way to get respect on this sight.
If you wi***o continue your campaign here I suggest that you first come clean with the Ladies and Gentlmen on this sight. Identify and explain yourself as to why you feel so strongly about this subject. You will find some very inteligent and educated people reside here.
I read some were ( and the person who said it slips my mind know) "If you want to get a point across you must first gain the respect of the people".
TIM A

[Anonymous]

Missouri, It is apparent, by the lenth and persistents of your postings that you feel very strongly on crossing safty. Unfortunatly the method and language you have used up till know has been less then desireable. You have refered to railroad workers as cold hearted murders and greedy money grubbing people. Not a good way to get respect on this sight.
If you wi***o continue your campaign here I suggest that you first come clean with the Ladies and Gentlmen on this sight. Identify and explain yourself as to why you feel so strongly about this subject. You will find some very inteligent and educated people reside here.
I read some were ( and the person who said it slips my mind know) "If you want to get a point across you must first gain the respect of the people".
TIM A

[eolafan]

Missouri, Tim is exactly on point! Identify who you are and, more importantly, who you are so passionate about this subject and perhaps you will get some respect that has eluded you so far on this site. Anyone who takes the time, and lots and lots of time, to type in the thousands of words of regulations as you have, must either have a specific purpose in mind or you are as looney as a jaybird, and I sense the latter is not the case but perhaps I am wrong about that. Please come clean, as Tim puts it, and let's see what reaction you get in this forum.

[eolafan]

Missouri, Tim is exactly on point! Identify who you are and, more importantly, who you are so passionate about this subject and perhaps you will get some respect that has eluded you so far on this site. Anyone who takes the time, and lots and lots of time, to type in the thousands of words of regulations as you have, must either have a specific purpose in mind or you are as looney as a jaybird, and I sense the latter is not the case but perhaps I am wrong about that. Please come clean, as Tim puts it, and let's see what reaction you get in this forum.

[JoeKoh]

Operation Lifesaver has alot of literature for you.Be constructive.
stay safe
joe

[JoeKoh]

Operation Lifesaver has alot of literature for you.Be constructive.
stay safe
joe

[Anonymous]

Mr. Pines.. are you related to Mr. Spruce?

[Anonymous]

Mr. Pines.. are you related to Mr. Spruce?

[dekemd]

Missouri, you finally figured it out! It's the individual State laws that govern rail crossings. If you want tougher guidelines on crossing sightlines and such, you need to contact the State legislators. They are the ones who make the laws. Unless a member here IS a state legislator, there is no one on this forum that can change the law. Most state websites have email address to their respective legislators. You need to be emailing them, not ranting and raving on this forum.

Derrick

[dekemd]

Missouri, you finally figured it out! It's the individual State laws that govern rail crossings. If you want tougher guidelines on crossing sightlines and such, you need to contact the State legislators. They are the ones who make the laws. Unless a member here IS a state legislator, there is no one on this forum that can change the law. Most state websites have email address to their respective legislators. You need to be emailing them, not ranting and raving on this forum.

Derrick

[Anonymous]

I don't need to change the law.. I'm above the law!!! AHAHAHAHA!

Ok missouri if you want the law to be changed so badly follow these easy steps:

1. Drive your car onto the railroad tracks
2. wait for a train
3.. when it's about to obliterate your car into bite-seize peices.. Stick your tongue out at the train
4. after the wreckage clean up, someone may disocver you were right all along, and might change the law*

*keyword in #4 is May, and might.

[Anonymous]

I don't need to change the law.. I'm above the law!!! AHAHAHAHA!

Ok missouri if you want the law to be changed so badly follow these easy steps:

1. Drive your car onto the railroad tracks
2. wait for a train
3.. when it's about to obliterate your car into bite-seize peices.. Stick your tongue out at the train
4. after the wreckage clean up, someone may disocver you were right all along, and might change the law*

*keyword in #4 is May, and might.

[edblysard]

[:D]Now, now, Kev,
That would put ugly scratches all over the front of a perfectly good locomotive.
Stay Frosty,
Ed[8]

[edblysard]

[:D]Now, now, Kev,
That would put ugly scratches all over the front of a perfectly good locomotive.
Stay Frosty,
Ed[8]

[wabash1]

Missouri

I dont read your post word for word they are to long and i wont take the time. as probley most people here do. after a paragraph i get the just of it. no need for more. but again what you want is already done. See i dont haft to carry those forms cause if i see something wrong i report it too the dispatcher who informs who everit may be a signal maintainer, for improper adjustment of signal, i have never seen a rusted rail on a main track.

to brake it down for you everything you listed is codes of failures after the problem is fixed.and these problems are recorded and kept for described amount of time. if there is a problem and the maintainer has not showed up to fix it. then trains are restricted to slower speeds. through that stretch of railroad. shor tof having a man stationed at every bungalo to make sure nothing goes wrong 24 hrs a day it is not nessesary to do this.or cost effective.

the fra requires that all signals will have a inspection every 90days. that is roadcrossing and block signals. it sound to me that you like to have one of those manual signal jobs they did away with decades ago. where there was a man to lower the gates everytime a train approached the crossing. but those jobs are gone for ever. and the railroads are safe if the public would stop look listen and live then things would be great. but until then they will get killed as ussual. it makes me wonder who taught some of these people i can pull up to a crossing turn my lights down and wait people will race up to the crossing slam the brakes on and wait until they look at us and see we are waving them thru. but let me be comming at them at 60mph and they will try and beat you every time.

the schools need to be more responsible for teaching to young drivers the rules of the road. And the laws need to be changed so that train crews can have the power to have law breakers ticketed for breaking the law going around the gates. it would change things .

[wabash1]

Missouri

I dont read your post word for word they are to long and i wont take the time. as probley most people here do. after a paragraph i get the just of it. no need for more. but again what you want is already done. See i dont haft to carry those forms cause if i see something wrong i report it too the dispatcher who informs who everit may be a signal maintainer, for improper adjustment of signal, i have never seen a rusted rail on a main track.

to brake it down for you everything you listed is codes of failures after the problem is fixed.and these problems are recorded and kept for described amount of time. if there is a problem and the maintainer has not showed up to fix it. then trains are restricted to slower speeds. through that stretch of railroad. shor tof having a man stationed at every bungalo to make sure nothing goes wrong 24 hrs a day it is not nessesary to do this.or cost effective.

the fra requires that all signals will have a inspection every 90days. that is roadcrossing and block signals. it sound to me that you like to have one of those manual signal jobs they did away with decades ago. where there was a man to lower the gates everytime a train approached the crossing. but those jobs are gone for ever. and the railroads are safe if the public would stop look listen and live then things would be great. but until then they will get killed as ussual. it makes me wonder who taught some of these people i can pull up to a crossing turn my lights down and wait people will race up to the crossing slam the brakes on and wait until they look at us and see we are waving them thru. but let me be comming at them at 60mph and they will try and beat you every time.

the schools need to be more responsible for teaching to young drivers the rules of the road. And the laws need to be changed so that train crews can have the power to have law breakers ticketed for breaking the law going around the gates. it would change things .