33.1-145.1 - Grade crossing closing and safety. - Virginia Statutes

§ 33.1-145.1. Grade crossing closing and safety.

It is the public policy of the Commonwealth of Virginia toenhance public safety by establishing safe highway/rail grade crossings; toconsolidate and close unsafe, unnecessary, or redundant crossings; and to limitthe establishment of new crossings. The Commonwealth Transportation Board hasthe authority to close public highway/rail grade crossings on the system ofhighways for which it has responsibility.

The Commissioner on his own motion or by request of anyinterested landowner, railroad corporation, county board of supervisors, orother governing body may petition the Commonwealth Transportation Board toclose the highway/rail grade crossing as a public road.

The Commissioner shall, prior to petitioning the CommonwealthTransportation Board, conduct a traffic engineering study to determine thevalidity of closing the crossing. The traffic engineering study shall considerall factors including but not be limited to: (i) the number of freight andpassenger trains passing the crossing and their timetable speeds, (ii) thedistance to an alternate crossing, (iii) the availability of alternate access,(iv) the crossing's accident history during the five-year period immediatelyprior to the study, (v) the number of vehicles per day using the crossing, (vi)the posted speed limit at the crossing, (vii) the type of warning devicespresent at the crossing, (viii) the alignment of the roadway and railroad and theirangle of intersection, (ix) the number of trucks per day carrying hazardousmaterials through the crossing, (x) the number of vehicles per day carryingpassengers for hire through the crossing, (xi) the number of school buses perday using the crossing, and (xii) the use of the crossing by emergencyvehicles.

The results of the traffic engineering study shall be madepublic in accordance with the procedures set forth in § 33.1-145. TheCommissioner shall present his findings and recommendations to the CommonwealthTransportation Board and the Board shall decide what actions to be takenregarding the crossing(s) at issue.

(1996, cc. 114, 157.)