§3670. Clearance standards; variance

Link to law: http://legislature.vermont.gov/statutes/section/05/068/03670
Published: 2015

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The Vermont Statutes Online



Title

05

:
Aeronautics and Surface Transportation Generally






Chapter

068

:
CONSTRUCTION AND OPERATION OF THE ROAD






Subchapter

005
:
BRIDGES, TRACKS, STATIONS, AND EQUIPMENT










 

§

3670. Clearance standards; variance

(a) No person

shall construct, alter, or permit construction or alteration of a railroad

track, railroad bridge, or structure over or adjacent to any railroad track

unless the clearances provided equal or exceed the minimum standards set forth

in the American Railway Engineering Association's Manual for Railway

Engineering, as in effect at the time work begins.

(b) Subject to

the approval of the transportation board, a variance from the standards

established by this section may be established by written agreement of the

agency of transportation, all involved railroad companies and any affected

municipality.

(c) If the

parties are unable to agree on a variance request, the transportation board,

after notice and hearing, may grant a variance from the standards established

by this section if the board determines that:

(1) the agency

of transportation, all involved railroad companies and any affected

municipality have had an opportunity to review and comment on the variance

request;

(2) granting the

variance will not significantly impair the safe, efficient, continuous movement

of freight, passengers and railroad equipment on the state's railroad system or

the safe, efficient performance of railroad maintenance operations; and

(3) the costs

and impacts associated with meeting the clearance standards established by this

section would exceed any public benefits reasonably likely to flow from

adhering to such standards.

(d)

Notwithstanding this section, tracks, bridges and structures lawfully in

existence (or already under construction) on the effective date of this act may

continue to be used and repaired, provided that clearances are not further

reduced. (Added 1989, No. 246 (Adj. Sess.), § 27; amended 1993, No. 172 (Adj.

Sess.), § 62.)
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