Whenever any automatically operated gate, signal or other automatic crossing warning device has been or may hereafter be installed at any highway, road or street grade crossing by any railroad company, the Commissioner of Highways or the public road authority may agree with the railroad company involved as to the division of the cost of the future maintenance of any such device or devices. The basis for the division of costs shall be determined by the Department of Rail and Public Transportation utilizing the calculated average maintenance cost of all previous warning device maintenance performed and documented by all railroads operating in Virginia. In the event that the Commissioner or the public road authority and the railroad company involved are unable to agree upon the share of the cost of maintenance of any such device or devices to be borne by the railroad company, if any, then such railroad company may file a petition with the State Corporation Commission setting forth the crossing protection provided at such crossing, the terms of the contract and/or the conditions of the order of said Commission or the public road authority under which it was constructed and installed and the estimated future annual cost of maintaining the same. Copies of such petition shall forthwith be served by the State Corporation Commission upon the Commissioner of Highways or the public road authority who shall, within twenty days after service of such petition, file an answer thereto setting out reasons for declining to participate in the future cost of maintaining such warning device or devices as requested by the railroad company, and the Commission shall thereupon hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine what share of the cost of the future maintenance of such warning device or devices, if any, shall be borne by the railroad company and/or the Commonwealth Transportation Board or the public road authority, having regard to the benefits, if any, accruing to such railroad company from the continued maintenance of such protection of said public highway, road or street grade crossing, and either dismiss the proceeding or enter an order deciding and disposing of the matters therein submitted to its jurisdiction.
1956, c. 626; 1962, c. 528; 1996, cc. 114, 157.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 13 - Railroad Corporations
§ 56-345.1. Notice; consolidation, merger, abandonments, or discontinuances
§ 56-346. Certain powers conferred by law on railroad corporations
§ 56-347. Power of condemnation; limitation
§ 56-352. Railroad to have an insurable interest in property along its route
§ 56-353. Railroad company may appoint police agents
§ 56-354. Conductors, etc., to be conservators of the peace
§ 56-362. Right of railroad to cross watercourse, intervening railroad, etc.
§ 56-365.1. Closing and or consolidation of grade crossings
§ 56-368.1. Subsequent maintenance of underpasses and overpasses
§ 56-383. Railroad company may construct and maintain telegraph or telephone line
§ 56-405.02. Railroads to adjust certain public highways at grade crossings
§ 56-405.2. Construction and maintenance of crossbucks
§ 56-406.2. Proceeding for fixing cost of maintaining such warning devices at public grade crossings
§ 56-408. Signs similar to crossing signs prohibited
§ 56-411. Removal of brush and trees from right-of-way
§ 56-412. When trains shall be stopped before getting to railroad crossing
§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track
§ 56-412.2. Ordinances conflicting with § 56-412.1
§ 56-412.3. Maintenance of certain roadways by Buchanan County
§ 56-413.01. Locomotive and rail car standards
§ 56-414. Bell and whistle or horn; when sounded
§ 56-415. Penalty for violation of § 56-414
§ 56-416. Effect of failure to give statutory signals
§ 56-417.1. Clearance to be provided in construction, etc., of railroad structures
§ 56-419. Duplicate switch keys of railroads; unlawful making, etc.; punishment
§ 56-419.2. Safety requirements applicable to vehicles transporting railroad employees
§ 56-428. Railroads liable for damage from fires set out by their engines or trains
§ 56-429. Company to erect fences along roadbed; cattle guards, etc.
§ 56-430. Construction of § 56-429; burden of proof
§ 56-431. When company not liable for injury on enclosed track
§ 56-432. Liability for injury on track not enclosed
§ 56-433. Cattle guards; remedy of aggrieved landowner; penalty
§ 56-434. When cattle guards may be discontinued
§ 56-435. Appeal from general district court to circuit court in cattle-guard cases
§ 56-436. Board of appraisers to appraise injured or killed livestock; duty of appraisers
§ 56-437. Effect of appraisal in case of suit; costs
§ 56-439. Application of §§ 56-436 through 56-438
§ 56-439.1. Notice of injury or death of certain livestock; penalty
§ 56-440. Penalty for failure to remove cause of complaint in cities or towns
§ 56-441. Liability for injury to employee
§ 56-446. Information to State Corporation Commission; penalty
§ 56-446.1. Limitations on passenger rail transportation liability