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49 U.S.C. § 20134 — Grade crossings and railroad rights of way
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary may use the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.
**(b) Signal Systems and Other Devices.—** Not later than June 22, 1989, the Secretary shall prescribe regulations and issue orders to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings.
**(c) Demonstration Projects.—**
(1) The Secretary shall establish demonstration projects to evaluate whether accidents and incidents involving trains would be reduced by—
(A) reflective markers installed on the road surface or on a signal post at railroad grade crossings;
(B) stop signs or yield signs installed at grade crossings; and
(C) speed bumps or rumble strips installed on the road surfaces at the approaches to grade crossings.
(2) Not later than June 22, 1990, the Secretary shall submit a report on the results of the demonstration projects to the Committee on Transportation and Infrastructure of the House of Representative
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Source file: Laws/federal/codes/united-states-code/title-49/section-20134-grade-crossings-and-railroad-rights-of-way--0c05c098dc.md
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Source location: Title 49, Chapter 201, § 20134; chapter-201-general.md
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**(a) General.—** To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary may use the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.
**(b) Signal Systems and Other Devices.—** Not later than June 22, 1989, the Secretary shall prescribe regulations and issue orders to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings.
**(c) Demonstration Projects.—**
(1) The Secretary shall establish demonstration projects to evaluate whether accidents and incidents involving trains would be reduced by—
(A) reflective markers installed on the road surface or on a signal post at railroad grade crossings;
(B) stop signs or yield signs installed at grade crossings; and
(C) speed bumps or rumble strips installed on the road surfaces at the approaches to grade crossings.
(2) Not later than June 22, 1990, the Secretary shall submit a report on the results of the demonstration projects to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintai
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20102
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 431, Pub. L. 91–458, title II, § 202, Oct. 16, 1970, 84 Stat. 971; Pub. L. 94–348, § 5, July 8, 1976, 90 Stat. 819; Pub. L. 96–423, § 14, Oct. 10, 1980, 94 Stat. 1817; Pub. L. 97–468, title VII, § 702(a), (c), Jan. 14, 1983, 96 Stat. 2579; Pub. L. 100–342, §§ 4(a), 7, 9, 10, 19(a), 21–23, June 22, 1988, 102 Stat. 625, 628, 629, 637–639; Pub. L. 102–143, title V, § 4, Oct. 28, 1991, 105 Stat. 957; Pub. L. 102–365, §§ 2, 5(a)(1), 7, 8, 10, Sept. 3, 1992, 106 Stat. 972, 975, 976, 978; Pub. L. 102–533, § 14, Oct. 27, 1992, 106 Stat. 3522, authorized Secretary of Transportation to promulgate rules, regulations, orders, and standards for all areas of railroad safety. See sections 20102, 20103, 20103 note, 20108, 20110, 20114, 20131 to 20143, and 24902 of Title 49, Transportation.
Section 432, Pub. L. 91–458, title II, § 203, Oct. 16, 1970, 84 Stat. 972; Pub. L. 96–423, § 3, Oct. 10, 1980, 94 Stat. 1811, related to emergency powers of Secretary of Transportation. See [section 20104 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20104&num=0&edition=prelim).
Section 433, Pub. L. 91–458, title II, § 204, Oct. 16, 1970, 84 Stat. 972, required Secretary of Transportation to submit comprehensive study and recommendation of means of eliminating and protecting railroad grade crossings and protecting pedestrians. See [section 20134 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20134&num=0&edition=prelim).
Section 434, Pub. L. 91–458, title II, § 205, Oct. 16, 1970, 84 Stat. 972, declared that laws, rules, regulations, orders, and standards relating to railroad safety were to be nationally uniform, but permitted more stringent yet compatible State regulation. See [section
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 431 to 447
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Federal law — U.S. Code and appendices · legal_authorities
Page 572
TITLE 49—TRANSPORTATION
§ 20134
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20133(a) ......
45:431(h)(1)(A) (1st,
last sentences),
(B), (4).
Oct. 16, 1970, Pub. L. 91–458,
84 Stat. 971, § 202(h); added
Oct.
10,
1980,
Pub.
L.
96–423, § 14, 94 Stat. 1817;
Jan.
14,
1983,
Pub.
L.
97–468, § 702(a), 96 Stat.
2579.
20133(b) ......
45:431(h)(1)(A) (2d,
3d sentences), (2).
20133(c) ......
45:431(h)(3).
In subsection (a), the words ‘‘within one year after
January 14, 1983’’ and ‘‘initial’’ are omitted as obsolete.
The text of 45:431(h)(1)(B) is omitted as executed. The
words ‘‘after a hearing in accordance with subsection
(b) of this section’’ are omitted as surplus because of
section 20103(e) of the revised title.
In subsections (b) and (c), the word ‘‘subsequent’’ is
omitted as surplus.
In subsection (c), the word ‘‘Amtrak’’ is substituted
for ‘‘National Railroad Passenger Corporation’’ for con-
sistency in this subtitle. The word ‘‘regulatory’’ is sub-
stituted for ‘‘rulemaking’’ for consistency in the re-
vised title.
Editorial Notes
AMENDMENTS
2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘chapter
10 of title 5,’’ for ‘‘the Federal Advisory Committee Act
(5 U.S.C. App.),’’.
1996—Subsec. (b)(1). Pub. L. 104–287, § 5(47)(A), sub-
stituted ‘‘November 2, 1994’’ for ‘‘the date of enactment
of the Federal Railroad Safety Authorization Act of
1994’’.
Subsec. (b)(2). Pub. L. 104–287, § 5(47)(B), substituted
‘‘November 2, 1994’’ for ‘‘such date of enactment’’.
1994—Pub. L. 103–440 amended section generally, sub-
stituting present provisions for provisions requiring
the Secretary to take administrative action to ensure
that the construction, operation, and maintenance of
passenger
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20134
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