49 C.F.R. § 213.347
Automotive or railroad crossings at grade
(a) There shall be no at-grade (level) highway crossings, public or private, or rail-to-rail crossings at-grade on Class 8 and 9 track.
(b) If train operation is projected at Class 7 speed for a track segment that will include rail-highway grade crossings, the track owner shall submit for FRA's approval a complete description of the proposed warning/barrier system to address the protection of highway traffic and high speed trains. Trains shall not operate at Class 7 speeds over any track segment having highway-rail grade crossings unless:
(1) An FRA-approved warning/barrier system exists on that track segment; and
(2) All elements of that warning/barrier system are functioning.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000).
CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000). “49 C.F.R. § 213.347 . Federal preemption of speed alone invalidates this statute.”
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