Sec. 13b-343. (Formerly Sec. 16-159). Gates, flagmen and signals at grade crossings. Forfeiture. Notice and hearing re reactivation of railroad line.
Sec. 13b-343. (Formerly Sec. 16-159). Gates, flagmen and signals at grade
crossings. Forfeiture. Notice and hearing re reactivation of railroad line. The Commissioner of Transportation, when requested in writing by the selectmen of any town,
the mayor and common council of any city or the warden and burgesses of any borough
to order gates, a flagman or electric signals or other signal device to be installed and
maintained at any railroad crossing where a railroad crosses a public highway at grade
within such town, city or borough, shall hold a hearing thereon or may, of his own
motion, hold such hearing, first giving the town, city or borough wherein the crossing
is located, and the company operating the railroad, reasonable notice thereof. If the
commissioner upon such hearing finds that public safety requires it, the commissioner
shall order such company to install and maintain, at such crossing, gates, a flagman or
such electric signals or other signal device as may be approved by the commissioner,
or to do any other act deemed necessary for the protection of the public. The commissioner may rescind, alter or amend any such order, whenever the commissioner deems
it necessary, upon first giving the municipality wherein the crossing is located and the
railroad company an opportunity to be heard thereon. If any such company fails to
comply with any order of the commissioner made pursuant to this section, it shall forfeit
to the state fifty dollars for each day of such failure. The commissioner shall notify state
and municipal elected officials of affected towns of the reactivation of any railroad line
not later than forty-five days from notification to the Department of Transportation, by
the railroad, of such reactivation. The commissioner, or the commissioner's designee,
shall determine if a public hearing on the safety of rail crossings is required on the
reactivated railroad line, provided, if a state or municipal official requests a public hearing, the commissioner shall hold a public hearing. Any such hearing shall be scheduled
not later than ninety days prior to the reactivation of such railroad line. Any comments
or recommendations on railroad safety that are provided to the public hearing officer
during the public hearing shall be reviewed and incorporated, as deemed appropriate
by the commissioner, to address concerns raised at the hearing.
(1949 Rev., S. 5541; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 07-232, S. 45.)
History: P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission,
and "authority" for "commission" where appearing thereafter, effective December 1, 1975; P.A. 77-614 and P.A. 78-303
substituted "commissioner of transportation" for "public utilities control authority" and "commissioner" for "authority",
effective January 1, 1979; in 1981 Sec. 16-159 transferred to Sec. 13b-343; P.A. 07-232 added provisions re notice and
hearing prior to reactivation of a railroad line.
Annotations to former section 16-159:
Requirements of commission are not exhaustive; railroad may be negligent in not providing other safeguards. 102 C.
750; 103 C. 508; but see 90 C. 56; 81 C. 609. Cited. 136 C. 683.
Cited. 15 CS 109.
Annotation to present section:
Cited. 33 CA 775.