§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces

(a) Definitions. For purposes of this section:

(1) "Public rail-highway crossings" means at-grade crossings determined by the Agency to be active public crossings. Public crossings shall not include crossings on railroad lines that have been abandoned or embargoed.

(2) "Active warning devices" means flashing lights, signals, automatic gates, or manually-operated gates.

(b) Reimbursement. To the extent funds are appropriated for this purpose by the General Assembly, the Agency shall reimburse railroads up to $2,000.00 annually for the maintenance of each public rail-highway crossing equipped with flashing light signals and $2,500.00 annually for the maintenance of each crossing equipped with automatic or manually-operated gates. Any reimbursement under this subsection shall be reduced by any amount that a municipality or some other third party is separately required to contribute to the railroad's cost of maintaining active warning devices at a public rail-highway crossing, whether because of some contractual obligation or because of a regulatory order entered by the Transportation Board or one of its predecessor agencies.

(c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent on the railroad's performing inspection and maintenance of active warning devices in accordance with regulations promulgated by the Federal Railroad Administration.

(d) Maintenance of crossing surface. The Agency shall be responsible for maintenance, repair, replacement, and installation of highway surfaces at public rail-highway crossings.

(e) Quiet zones; special agreements. Notwithstanding this section, the Agency may enter into special agreements to reimburse a railroad for inspecting and maintaining signals and related equipment at crossings that have been specially designated as "quiet zones" pursuant to section 3582 of this title.

(f) Rulemaking. The Secretary may adopt rules to implement this program. (Added 1999, No. 18, § 8, eff. May 13, 1999.)