49 C.F.R. § 234.209
Interference with normal functioning of system
(a) The normal functioning of any system shall not be interfered with in testing or otherwise without first taking measures to provide for safety of highway traffic that depends on normal functioning of such system.
(b) Interference includes, but is not limited to:
(1) Trains, locomotives or other railroad equipment standing within the system's approach circuit, other than normal train movements or switching operations, where the warning system is not designed to accommodate those activities.
(2) Not providing alternative methods of maintaining safety for the highway user while testing or performing work on the warning systems or on track and other railroad systems or structures which may affect the integrity of the warning system.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · leading case: State v. CSX Transp., Inc., 2022 Ohio 2832 (Ohio 2022).
State v. CSX Transp., Inc., 2022 Ohio 2832 (Ohio 2022). “{¶ 73} The most analogous regulation that the parties cite, or which research reveals, is 49 C.F.R. 234.209, which prohibits railroads, “without first taking measures to provide for safety of highway traffic,” from permitting trains to stand within a grade-crossing warning…”
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