Chapter 10 - Railroad And Public Highway Crossings
CHAPTER 10 - Railroad and Public Highway Crossings
37-10-101. Highway crossing protection account established; purposes ofaccount; use in connection with federal funds.
(a) In order to promote the public safetyand to provide for the payment of part of the costs of installing, reconstructingand improving automatic and other safety appliance signals or devices atcrossings at grade of public highways, as defined in this act, roads or streetsover the track or tracks of any railroad corporation or street railwaycorporation in the state, there is created an account known as the highwaycrossing protection account within the highway fund. Before any funds of thehighway crossing protection account shall be used to pay any part of the costof the installation, reconstruction, or improvement of any signals or devicesat any crossing, the commission shall first determine that all federal sourcesof funding have been exhausted. When federal funds are being utilized, federalguidelines as indicated in 23 C.F.R. [part] 646 shall be followed. For purposesof this section, "commission" means the Wyoming transportationcommission.
(b) As used in this act:
(i) "Public highways" means as specified in W.S.24-1-101, but shall not include private roads;
(ii) "This act" means W.S. 37-10-101 through 37-10-105.
37-10-102. Power to close or establish crossings; establishing priorityfor hazardous crossing locations.
(a) The transportation commission shall have the power andauthority to close or establish crossings at grade of public highways as specified,or separations over or under the track or tracks of any railroad corporation orstreet railway corporation in the state of Wyoming.
(b) Upon application to the commission from the duly authorizedagents of the cities, counties or other governmental entities or the affectedrailroad for participation under the terms of this act or upon its own motionwhen the public interest clearly indicates action should be taken, thecommission shall consider the need from the evidence presented, availed oradduced and shall establish a priority rating from the applications or evidencebefore the commission, assigning priority first to the most hazardous railroadcrossing locations, giving proper weight to increased rail traffic and to thetraffic volume over such crossing with due consideration being given for schoolbuses and dangerous commodities. If the commission determines there is a needfor grade crossing protection, then they shall determine the type of crossingprotection required, including whether the crossing is to be made at grade or agrade separation structure. If the crossing be at grade, the commission shalldetermine the kind and type of grade crossing protection signals and devicesrequired. If the crossing is to be a grade separation structure, the commissionshall determine the kind and type of grade separation structure.
37-10-103. Apportionment of cost of grade crossing devices and gradeseparation structures; between railroad and state, county and city government.
(a) With respect to the installation of safety devices orsafety equipment at railroad-highway crossings, under the direction of theaffected railroad, it shall be the duty of the transportation commission toapportion the costs and expenses of installing or reconstructing the crossingsand safety devices between the railroads and the department of transportationor the county, city or other governmental entity involved in proportion to therespective benefits to be derived, and to make the apportionment of the costsin accordance with state and federal rules and regulations.
(b) With respect to the initial installation of gradeseparation structures at railroad public highway crossings, a grade separationstructure shall be installed by the railroad at all new railroad crossings ofpublic roads or state highways, after notifying the department oftransportation of its intent to cross the public road or highway, and if deemedappropriate after evaluation by the transportation commission. Allinstallations shall be in accordance with state and federal rules andregulations.
(c) With respect to separation structures for roads over orunder railroads, the commission shall first determine that all federal sourcesof funding have been exhausted, and then apportion the remaining costs andexpenses of the initial installation of the grade separation structures betweenthe railroad and the department of transportation or the county, city or othergovernmental entity involved, the apportionment to be based upon the causesresulting in the need for grade separation structures in accordance with stateand federal rules and regulations. None of the money in the highway crossingprotection account shall be used for payment of grade separation structures.
37-10-104. Apportionment of cost of grade crossing devices and gradeseparation structures; administration of highway crossing protection account.
(a) The transportation commission is charged with theadministration of the highway crossing protection program. In order tocompensate for the use of crossings by the public generally, the commissionshall also order that one-half (1/2) of the cost of installing, reconstructingor improving signals or devices will be paid by the railroad corporation, andthe balance of the costs will be divided between the state highway crossingprotection account and the department of transportation or the city, town,county or other political entity in which the crossing is located in accordancewith state and federal rules and regulations. The commission shall fix in eachcase the amount to be paid from the crossing protection account and the amountto be paid by the department or by the city, town, county or other politicalentity.
(b) The railroads shall bear all costs of maintaining in goodoperating condition all crossing surfaces and warning devices.
(c) The governmental agency or city, town, county or otherpolitical entity having jurisdiction over the highway and the separationstructures which crosses over or under the railroad track or tracks, shall bearall cost of maintenance of its own separation structures. The railroadcorporation shall bear all costs of maintenance of its own structures over orunder a public highway. Maintenance of joint use structures shall be byagreement between the parties involved.
37-10-105. Transfer and credit of monies to account.
Forthe purpose of building up sufficient money to be used to defray the expensesof installation and reconstruction of automatic and other safety appliancesignals and devices at railroad grade crossings, for the construction or theimprovement of existing highway-railroad grade crossings to render them safeand consistent with modern highway construction practice, the custodian of thestate highway fund shall reserve to the highway crossing protection account tobe used to administer the program up to a maximum of ten thousand dollars($10,000.00) per month. Monthly contributions shall continue until the unusedbalance in the account reaches the sum of two hundred forty thousand dollars($240,000.00), and no further credits or transfers shall be made except duringsuch time that the balance in the account is less than two hundred fortythousand dollars ($240,000.00).