A. It is the public policy of the Commonwealth to enhance public safety by establishing safe highway-rail grade crossings, to consolidate and close unsafe, unnecessary, or redundant crossings, and to limit the establishment of new crossings. The Board has the authority to close public highway-rail grade crossings on all systems of state highways for which it has responsibility.
B. The Commissioner of Highways on his own motion or by request of any interested landowner, railroad corporation, or local governing body may petition the Board to close a highway-rail grade crossing as a public crossing.
C. Prior to petitioning the Board to close a highway-rail grade crossing, the Commissioner of Highways shall conduct a traffic engineering study to determine the validity of closing the crossing. The traffic engineering study shall consider all factors, including (i) the number of freight and passenger trains passing the crossing and their timetable speeds, (ii) the distance to an alternate crossing, (iii) the availability of alternate access, (iv) the crossing's accident history during the five-year period immediately prior to the study, (v) the number of vehicles per day using the crossing, (vi) the posted speed limit at the crossing, (vii) the type of warning devices present at the crossing, (viii) the alignment of the roadway and railroad and their angle of intersection, (ix) the number of trucks per day carrying hazardous materials through the crossing, (x) the number of vehicles per day carrying passengers for hire through the crossing, (xi) the number of school buses per day using the crossing, and (xii) the use of the crossing by emergency vehicles.
D. The results of the traffic engineering study shall be made public in accordance with the procedures set forth in § 33.2-902. The Commissioner of Highways shall present his findings and recommendations to the Board, and the Board shall decide what actions to take regarding the railroad crossing at issue.
1996, cc. 114, 157, § 33.1-145.1; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 9 - Abandonment and Discontinuance of Highways and Roads
§ 33.2-901. Discontinuance of a section of a highway or railroad crossing
§ 33.2-902. Abandonment of highway or railroad crossing; procedure
§ 33.2-903. Grade crossing closing and safety
§ 33.2-904. Effect of abandonment
§ 33.2-905. Appeal to circuit court
§ 33.2-907. Conveying sections of highways or other property no longer necessary
§ 33.2-908. Discontinuance of highway, landing, or railroad crossing; procedure
§ 33.2-909. Abandonment of highway, landing, or railroad crossing; procedure
§ 33.2-910. Appeal to circuit court
§ 33.2-911. Permissible uses by counties of certain discontinued secondary highways
§ 33.2-912. Alternative procedure for abandonment of old highway or crossing to extent of alteration
§ 33.2-913. Conveying sections of highways, landings, or other property no longer necessary
§ 33.2-914. County roads not part of primary or secondary state highway system; definitions
§ 33.2-915. Abandonment of certain roads and railroad crossings by governing body
§ 33.2-916. Notice of proposed abandonment
§ 33.2-917. Petition for abandonment
§ 33.2-918. Petition for public hearing on proposed abandonment
§ 33.2-919. Action of governing body
§ 33.2-920. Appeal to circuit court
§ 33.2-921. Effect of abandonment
§ 33.2-922. Recordation of abandonment of roads, highways, or railroad crossings by counties
§ 33.2-923. Alternative procedure for abandonment of old road or crossing to extent of alteration
§ 33.2-924. Conveying sections of roads or other property no longer necessary
§ 33.2-925. Alternative method of abandoning roads
§ 33.2-926. Chapter 20 of Title 15.2 not affected
§ 33.2-929. Plans for relocation of highways in connection with municipal water supply projects
§ 33.2-930. Acquisition of lands for relocation
§ 33.2-931. Costs of relocation
§ 33.2-932. Construction of relocated highway