(a) Grade crossing by spur rail line. Grade crossing
of any highway or road by a railroad spur track is discouraged.
(b) Requirements for major routes. The department will
allow a spur track crossing on an interstate highway or other major
route only with initial separation of grades. The person requesting
the crossing shall pay the total cost of constructing and maintaining
such a grade separation.
(c) Requirements for other roadways. The department
may allow a spur track grade crossing on a roadway, other than a roadway
to which subsection (b) of this section applies, including a frontage
road if technically feasible, if the department determines that the
anticipated volumes of train and vehicular traffic and other pertinent
factors indicate that the crossing will not be unduly hazardous to
the traveling public. If a grade crossing is allowed, the person requesting
the crossing shall pay all costs of crossing pavement, highway adjustment,
and crossing warning protection, including active warning devices
that the department considers appropriate for the crossing. Additionally,
the department may specify conditions, such as changes in conditions
or volumes of vehicular or train traffic, that will require future
separation of grades, at no expense to the state.


Source Note: The provisions of this §7.105 adopted to be effective October 18, 2012, 37 TexReg 8206