Every
railroad company is required to destroy or remove
plants, trees, brush, or other obstructive vegetation upon
its right-of-way at each intersection with a public road
or highway, for a distance of six hundred feet or a reasonably
safe distance from the roadway of the public road as shall
be determined by the Public Utilities Commission.
Whenever any railroad fails to destroy or remove such vegetation
after 10 day written notice served on its local agent,
the Commission, Board of County Commissioners, Board of
Township Trustees, or legislative authority of a municipal
corporation, in which the intersection is located, having
the care of such road or highway, shall remove such plants,
trees, brush, or other obstructive vegetation and shall
recover the cost of removal from the responsible railroad
company.
If the railroad company fails to pay the amount demanded
with 30 days after notification by certified mail, the
Commission, Board of County Commissioners, Board of Township
Trustees, or legislative authority of a municipal corporation
shall certify the amount demanded to the county auditor
to be collected as other taxes and assessments and upon
collection shall be credited to the general fund of the
public body causing the work to be performed.
Q. Are there laws or regulations
pertaining to sight distance up and down railroad tracks?
A. No. There are no mandatory requirements for
clear lines of sight at railroad crossings. Bill
Gossard, NTSB.
taxpayer dollars are spent to cut grass and weeds on private property
owned by a multibillion-dollar railroad corporation. Although vaguely
worded, federal regulations require railroads to cut and mow their property. The
code says vegetation which is on or immediately adjacent to the roadbed shall
be controlled so that it does not become a threat. Mike Purviance, FRA
spokesman. Workers Cut Grass Along Rights of Way, Sun Herald, 9/15/00.
The crossing is not cleared very well. By the time he got clearance to
see anything he had to have been right on the tracks. St. James Parish
Sheriff, Willy Martin, Train Plows into Farm Tractor, AP, 6/4/01
It only takes a trip to the crossing
to see just how dangerous it is. The tracks near
the intersection are curved coming from both directions,
and come out from a woody area. Trees line the
tracks, and brush is on both sides. The trains cant
see people, either. And you have to get almost right
up on the tracks to see clearly that nothing is coming.
They sound the horn so close to the intersection that
by the time you hear it, you either have to go or stop. (Register-News,
Mary Kay Davis, Residents Near Fatal Crash Site
Say They Feared It Would Happen, July 12, 2002)
Letter
to Editor, Free Press Standard – July 2007
Crossing
Complaint, Harrison
News-Herald Article
– July 3, 2007
|