56-405.2 - Construction and maintenance of crossbucks.
§ 56-405.2. Construction and maintenance of crossbucks.
Every railroad company shall cause signal boards, hereinafter referred to ascrossbucks, well supported by posts or otherwise and approved by theDepartment of Transportation at such heights as to be easily seen bytravelers from both directions of the public highway, and not obstructingtravel, containing in capital letters, at least five inches high, theinscription "railroad crossing," to be placed, and constantly maintained,at each public highway at or near, and on both sides of, each place where itis crossed by the railroad at the same level. The requirements of thissection in localities that maintain their own streets may be waived atspecific crossings on the petition of any such company to both theCommonwealth Transportation Commissioner and the public road authority ifboth the Commissioner and the public road authority determine that any suchcrossing has or will have other adequate warning devices or that theplacement of new crossbucks will not enhance the safety of the travelingpublic. Neither official action nor failure to act as hereinabove providedshall impair the power of the Commissioner or the public road authority torequire crossbucks at specific public crossings should a subsequentdetermination of their need be made.
The cost of erecting crossbucks placed at a public highway for the first timeor whenever the Commissioner or the public road authority determines anupgrade of the standards is required may be paid or supplemented from federalfunds when available to the Department of Transportation for such purpose atthe sole discretion of the Commonwealth Transportation Commissioner. But theelection of the Commissioner not to participate in such cost shall notrelieve any company from the obligation of this section.
This section shall apply as to cities and towns in the case of new crossbucksbeginning July 1, 1977.
(1977, c. 226; 1996, cc. 114, 157.)