§ 12.76.010. Survey and classification of railroad grade crossings—Rules and regulations for use.

A.

The traffic and parking commission is authorized to survey all railroad grade crossings with public traffic ways within the boundaries of Metropolitan Nashville and Davidson County, Metro Government, for the purpose of classifying these crossings according to their needs for corrective treatment to reduce and/or prevent vehicle-railroad train accidents.

1.

The commission shall consider, among other factors, the accident frequency at the crossing, vehicle and train traffic volumes at the crossing, and sight distance for both the railroad train and vehicle approach to the crossing.

2.

The manner in which these factors are established and considered shall be at the discretion of the traffic and parking commission.

B.

The commission shall classify all railroad crossings with vehicle traffic ways under the following categories:

1.

Requires crossing gate and light and audible signal within six months after reporting date;

2.

Requires light and audible signals within six months after reporting date;

3.

Requires light and sound signal within twelve months after reporting date;

4.

Requires light and sound signals within eighteen months from reporting date;

5.

Requires immediate removal of hedges, shrubbery and other sight distance obstructions;

6.

Requires immediate application of railroad crossing signs or flagmen;

7.

Requires no corrective treatment within eighteen months of reporting date.

C.

The commission shall annually file a report with the director of public works and the railroads owning the tracks at each crossing the name, location and classification of each crossing, along with corrective measures; specifications and locations of signals and/or other corrective measures will be included.

1.

Nothing herein shall be deemed to preclude the reporting of partial lists.

D.

The railroads owning tracks at each railroad grade crossing with vehicle traffic way shall be responsible for the costs of implementation and material acquisition of the corrective measures, including gates, signals, etc., designated by the traffic and parking commission.

E.

The traffic and parking commission shall be responsible for the supervision and approval of the installation of all signals and gates.

F.

The traffic and parking commission shall notify the railroad of condition changes requiring revisions in the safety devices, including gates and/or signals. The railroads will be given three months, upon notice, to make changes.

G.

Specifications for all crossing vehicle traffic-control devices, such as signs, signals, gates, etc., shall be approved by the commission.

H.

Should any railroad responsible for the corrective treatment provided herein fail to provide, install and maintain designated control or warning devices, the traffic and parking commission shall close the railroad tracks to trains at the crossing. Should this crossing be ordered opened by the Interstate Commerce Commission or a court of competent jurisdiction, the traffic and parking commission shall provide emergency controls, by flagmen or otherwise, for which the railroad will be charged one hundred dollars per day as a reasonable cost for providing such emergency warning or control. If more than one railroad owns tracks at the crossing, the assessment will be prorated according to number of tracks owned.

I.

In the event corrective measures (signals, gates, shrubbery, etc.) are not completed as required, the traffic and parking commission will contract for and provide required corrective measures. The cost, as determined by the metropolitan government bidding procedures, shall be fully borne by the railroads owning tracks at the grade crossing, and shall constitute a debt to the metropolitan government; prorate responsibility for the cost shall be as set forth in subsection H of this section.

J.

In addition to the actions provided in subsections H and I of this section, each railroad shall in no wise affect the liability of the railroad under this regulation.

K.

No train of railroad cars, or individual car, shall remain in such a position as to block automobile traffic for more than five minutes. There shall be a minimum period of twenty-five minutes between each such blockage of automobile traffic.

L.

It shall not be necessary that the individual operator of a train be served with a warrant. The owner of the railroad or lead engine shall be considered prima facie to be in control of the engine and cars linked thereto.

M.

Any ordinance of regulation of the Metropolitan Code in conflict with any provision herein is declared void to the extent it conflicts.

N.

Should any provision or section of this regulation be declared unconstitutional or otherwise void, the remaining regulations and provisions or sections shall remain in effect.

(Prior code § 27-1-40)