74-1334. Crossings; public; safety regulations; gates and alarms; closure; when.
(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber lands, near buildings, or near any obstruction of view from the road, the Department of Transportation shall direct such precautions to be taken as it deems necessary for the safety of the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, signs, signals, alarm bells, and warning personnel as the department directs. The department may direct the placement of special signs where the physical conditions of any crossing warrant such action.
(2) Except as provided in subsection (3) of this section, any public railroad crossing without gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is the only railroad crossing which provides access to property.
(3) An interested party may object to an action taken under subsection (2) of this section only if a written request is submitted to the department by a professional engineer licensed to practice in the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the requirements in this section and with all relevant aspects of the railroad crossing. The engineer shall also provide a detailed explanation of why subsection (2) of this section should not apply to the railroad crossing in question and a statement that the railroad crossing corridor has been examined by the engineer and the engineer believes that the railroad crossing will be safe as designed. Such a written request shall exempt a railroad crossing from being closed under subsection (2) of this section.
Source
Structure Nebraska Revised Statutes
74-307 - Roads, streams, or canals; crossings; conditions.
74-308 - Real estate; acquisition; damages; procedure.
74-424 - Transferred to section 81-2801.
74-548 - Shipments; weighing; certificates.
74-549 - Shipments; stations without scales; weighing.
74-550 - Shipments; failure to weigh; penalty.
74-592 - Track motor cars; headlights; rear light; windshield; equip.
74-593 - Track motor cars; failure to equip; violation; penalty.
74-594 - Train, yard, or engine crew; blocking street or highway; liability; exempt.
74-595 - Litter; duty to remove.
74-596 - Speed limitation ordinance; requirements for enactment.
74-597 - Railroad accident or unlawful operation; prohibited law enforcement procedures.
74-601 - Fencing; cattle guards.
74-602 - Failure to fence or repair; liability.
74-603 - Fencing; duty; landowner may fence; cost.
74-604 - Failure to fence; injury to livestock; liability.
74-605 - Injured animals; care; violation; penalty.
74-608 - Right-of-way; cover for wildlife; vegetation; exceptions.
74-609 - Right-of-way; vegetation; treatment; charge by county; collection.
74-609.01 - Right-of-way; hunting upon; unlawful; penalty.
74-706 - Transferred to section 74-921.
74-915 - Health and safety of employees; rules and regulations.
74-916 - Drinking water and cups; duty to provide.
74-917 - Rules and regulations; dispute; notice; hearing.
74-919 - Margins along tracks; keep free from debris and vegetation; enforcement.
74-921 - Locomotive operators; conductors; intoxication; penalty.
74-1302 - Railroad transportation safety district; formation; purpose.
74-1303 - District; formation; procedure.
74-1304 - Board of directors; members; appointment; expenses.
74-1306 - Budget; submit to county board; levy; tax.
74-1307 - Bonds; issuance; sinking fund.
74-1308 - Officers; meetings; bond; records; inspection; treasurer; report; violations; penalty.
74-1310 - Department, defined.
74-1311 - Department; determine railroad crossing safety measures needed.
74-1312 - Department; establish priority list for railroad crossing safety improvement.
74-1313 - Priority list; factors to be considered.
74-1315 - Department; utilize federal funds; matching funds; how paid.
74-1316 - Railroad crossing accident; notice to department; when.
74-1317 - Grade Crossing Protection Fund; created; purpose; investment.
74-1319 - Abandoned railroad line; removal of grade crossing protection devices.
74-1320 - Excise tax on railroads transporting freight; rate; collection; report; payment.
74-1321 - Excise tax on railroad transporting freight; similar appropriation; how used.
74-1322 - Failure to file report or pay taxes; violation; penalty.
74-1323 - Railroad car; obstructing view at crossing; violation; penalty.
74-1331 - Bridges; construction; dimensions; maintenance; violation; penalty.
74-1332 - Crossings; jurisdiction of department.
74-1333 - Crossings; public; maintenance.
74-1334 - Crossings; public; safety regulations; gates and alarms; closure; when.
74-1335 - Crossings; private; railroad; duties.
74-1336 - Crossings; complaints; hearing; order; rules and regulations.
74-1337 - Crossings; public; county board; agreement.
74-1338 - Crossings; public; failure of county board and railroad to agree; power of department.
74-1339 - Crossings; agreement of department; county board or other public authority; powers.
74-1340 - Crossings; department orders; violation; penalty.
74-1341 - Grade crossing safety; responsibility.
74-1342 - Comprehensive public safety program; department; duties.
74-1343 - Assessment process; recommendations; department; duties.
74-1421 - Transferred to section 74-1415.01.
74-1422 - Transferred to section 74-1420.02.
74-1427 - Political subdivision; expend local tax funds; election; procedure.