(a)  For purposes of this Rule, the term "crossing agreement" is a formal written agreement between the N.C. Department of Transportation and a railroad company.  The railroad company permits the Department of Transportation to build a road across the railroad company's tracks.  The agreement also lists responsibilities of each party with regard to the construction, maintenance, and funding of the new crossing.

(b)  Where the construction of a new road or the relocation of an existing road involves an additional or a new crossing and does not involve the elimination of an existing crossing, the railroad will not be required to bear any costs of signalization or separation, either at the time of the initial construction or within a 20 year period from the execution of the crossing agreement if the Department of Transportation determines during said 20‑year period that a signalization or a separation structure is required.  If a crossing in existence prior to December 3, 1966 is eliminated by the relocation of an existing road, the policy stated in Rule .0152 of this Section shall apply.


History Note:        Authority G.S. 136‑18(5); 136‑18(11); 136‑20;

Eff. July 1, 1978;

Amended Eff. December 1, 1993.