77-9-254 - Removal by railroad companies of vegetation at railroad right-of-way grade crossings; specifications; inspections by Department of Transportation; fines; damages.
§ 77-9-254. Removal by railroad companies of vegetation at railroad right-of-way grade crossings; specifications; inspections by Department of Transportation; fines; damages.
(1) At all public highway railroad grade crossings that do not have automatic flashing lights and/or gates where vegetation would materially obstruct the view of a vehicle operator exercising reasonable care of a train approaching a grade crossing from either direction, every railroad, as is reasonably practical, shall remove from its right-of-way which it owns or operates, such vegetation as weeds, brush, climbing vines, shrubbery and trees, for a distance of not less than three hundred (300) feet in each direction from the centerline of the public road or highway, unless the authorized train speed is ten (10) miles per hour or less, in which case the distance from the centerline of the public road or highway shall be not less than one hundred (100) feet. At the outer edges of the public road or highway, the vegetation shall be removed to a width of twenty-five (25) feet on each side of the centerline of the railroad or to the full width of the railroad's operating right-of-way whichever is shorter. The area cleared of vegetation may be tapered inward from its full width at the involved roadway to the outer limits of the area being cleared so as to create a triangle, or it may be cleared at a constant width so as to form a rectangle.
(2) The violation of subsection (1) of this section shall not of itself be grounds for recovery, and the comparative negligence statute and the apportionment statute of this state shall apply in these cases as in other cases of negligence.
(3) This section does not change or modify the duties of the operator of a vehicle as set forth in Sections 77-9-249, 65-3-1007, 65-3-1009, 65-3-1011 or 65-3-1013, or the application of such sections.
(4) The Department of Transportation may periodically inspect and evaluate all public highway railroad grade crossings to determine whether such grade crossings are maintained in compliance with the provisions of this section. If the department determines that a particular grade crossing is not in compliance, the department shall notify the railroad company which owns or operates the right-of-way that a grade crossing is not in compliance with this section.
(5) Every notification to a railroad company, as authorized under the provisions of this section shall be in writing transmitted by certified mail, return receipt requested, to the person listed as the registered agent of the railroad company for service of process. Upon receipt of the notice, the railroad company shall have thirty (30) days to comply with the notice before any civil action may be taken by the Department of Transportation.
(6) Any railroad company that fails to comply with the provisions of this section shall be subject to a civil fine of not to exceed Five Hundred Dollars ($500.00) per violation. The Department of Transportation shall have the exclusive authority to bring a civil action to enforce the provisions of this section. The fines shall be payable to the Department of Transportation.
(7) In any civil action to recover damages arising from or out of a highway railroad grade crossing accident, the failure of the Department of Transportation to inspect and evaluate a public highway railroad grade crossing and notify a railroad company of noncompliance, as provided in subsections (4) and (5) of this section, shall not be considered as comparative negligence and shall not be discoverable or admissible as evidence in any civil trial.
Sources: Laws, 2004, ch. 448, § 1, eff from and after July 1, 2004.