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PUBLIC UTILITIES COMMISSION OF THE
STATE OF CALIFORNIA

REGULATIONS GOVERNING RAILROAD GRADE CROSSINGS TO BE CLASSI-FIED EXEMPT FROM THE MANDATORY STOP REQUIREMENTS OF SEC-
TION 22452 OF THE VEHICLE CODE

Applicable to exemption requests submitted after January 1, 1978
Adopted February 13, 1980. Effective February 13, 1980. Resolution No. ET-1269.

1. GENERAL

    These regulations are established to implement Section 22452.5 of
    the California Vehicle Code relating to railroad grade crossings
    which may be declared exempt from the mandatory stop require-
    ments of Section 22452 of the Vehicle Code. Section 22452.5
    provides that:

    "The Department of Transportation and local authorities, with
    respect to highways under their respective jurisdictions, may
    place signs at railroad grade crossings permitting any vehicle
    described in subdivision (a) of Section 22452 to traverse such
    crossings without stopping. Such signs shall be placed in accor-
    dance with criteria adopted by the Public Utilities Commission.
    Prior to placing such signs, the Department of Transportation
    or local authority shall consult with the Department of the
    California Highway Patrol railroad corporations involved, and
    the operators involved and shall secure the permission of the
    Public Utilities Commission if a railroad corporation under the
    jurisdiction of the Public Utilities Commission is affected. Prior
    to permitting the placement of such signs, the Public Utilities
    Commission shall seek the concurrence of the Department of
    the California Highway Patrol."

    Formal requests seeking "Exempt" status for a grade crossing
    must be made to the Commission by the California Department of
    Transportation or the local authorities with regard to highways
    under their respective jurisdictions. Other interested parties
    desiring "Exempt" status for a grade crossing must seek consid-
    eration of their request through the public authority having
    jurisdiction over the highway at the crossing. Where the public
    authority declines to file the "Exempt" status request, the party
    desiring "Exempt" status shall file a formal application with this
    Commission seeking authority for such exemption.

2. CRITERIA AND QUALIFICATIONS FOR CONSIDERATION
OF EXEMPT STATUS

    A railroad grade crossing to be considered for "Exempt" status
    shall meet the following criteria:

    2.1 Crossings Equipped with Automatic Gate-type Signals

      (a) Protection--The crossing shall be equipped with auto-
      matic gate-type signals, PUC Standard No. 9 series, in
      compliance with the requirements of Commission
      General Order 75.

      (b) Traffic Control Signals--Grade crossings where the
      railroad traverses through an intersection of two or
      more roadways and traffic is controlled by a traffic
      control signal may be considered under the same
      criteria as a crossing equipped with automatic gate-
      type signals.

      (c) Number of Tracks--The crossing shall not have more
      than two tracks.

      (d) Sight Distance--There shall be a clear and unobstruc-
      ted view of the grade crossing from any point on the
      highway for a distance equal to the minimum stopping
      sight distance1 for the posted speed limit.

      (e) Train Speed--The maximum allowable train speed at
      the grade crossing shall be not greater than 60 miles
      per hour.

      (f) Accident History--The grade crossing shall not have
      had more than two vehicle-train accidents in the last
      five years. If the automatic gates have not been in
      service for five years, only that period covered by the
      automatic gates shall be applicable.

    2.2 Crossings without Automatic Gate-type Signals

      (a) Number of Tracks--Maximum of two tracks, only one
      of which shall be classified as a main track.

      (b) Train Traffic--Train traffic at the grade crossing shall
      be not greater than an annual average of five trains per
      day.

      (c) Train Speed--The maximum allowable train speed at
      the grade crossing shall be not greater than 30 miles per
      hour.

      (d) Switching Operations--There shall be no regular
      switching operations across the crossing except where
      motion sensing apparatus is installed or flagging as
      specified by the Commission is required.

      (e) Warning Devices--The railroad crossing warning de-
      vices shall be properly located and maintained in
      compliance with the requirements of Commission
      General Order 75.

      (f) Crossing Angle--The horizontal angle between the
      axes of the line of track and the highway shall be not
      less than 60 degrees.

      (g) Sight Distance--(Corner Visibility) There shall be a
      clear and unobstructed view of the grade crossing and
      of the rail line for a distance of 400 feet in both
      directions along the line of track from any point on the
      highway within the minimum stopping sight distance
      for the posted speed limit.(

      (h) Accident History--The grade crossing shall not have
      had more than two vehicle-train accidents in the last
      five years.

3. FORMAL REQUESTS

    Requests shall be filed in writing by the California Department of
    Transportation or local authority, with regard to highways under
    their respective jurisdictions, on paper 8½ inches by 11 inches in
    size. The original and two copies shall be filed with the Commis-
    sion and the request shall include the following data:

    3.1 A statement showing the public benefit to be obtained by
    exemption of the grade crossing.

    3.2 Evidence showing that the grade crossing meets the mini-
    mum qualifications set forth above.

    3.3 A Statement indicating the existing protection at the grade
    crossing.

    3.4 The California Public Utilities Commission assigned number
    for the grade crossing.

    3.5 A map of the immediate vicinity of the grade crossing, on a
    scale of 50 to 200 feet per inch, showing the locations of
    streets, buildings and other view obstructions, railroad
    tracks, protection devices and traffic control devices and, if
    available, a series of appropriately labeled photographs
    showing the above features.

    3.6 A statement of highway elements, including number of
    lanes, approach grades, posted speed limit and Average
    Annual Daily Traffic.

    3.7 A statement regarding the general visibility conditions in
    the vicinity of the grade crossing, including glare or fog
    conditions.

    3.8 A statement regarding the basic train operations, e.g., the
    maximum allowable train speed, frequency and character-
    istics of switching operations.

    3.9 A statement regarding any .other characteristics that are
    peculiar to the grade crossing and highway under consider-
    ation, including, but not limited to, vehicle approach speeds
    and vehicle accidents attributed to the grade crossing.

    3.10 A letter of concurrence from the California Department of Highway Patrol.

    3.11 Evidence that a copy of the formal request has been served
    on the affected railroad.

    3.12 A notice, stated in general terms, shall be given by mail to
    the operators of the vehicles affected by the exemption
    request. However, in those cases where notice by mail
    would be impractical because the operators involved cannot
    be reasonably ascertained or because the class of operators
    is so large that notice by mail would be costly, a notice by
    publication is sufficient. In such cases, notice should be
    placed in trade publications and newspapers of general

      circulation reasonably calculated to apprise the operators
      involved of the exemption request.

4. PROCESSING

    4.1 The request for "Exempt" status for a grade crossing will be
    reviewed by the Commission's Transportation Division staff
    as to content and the qualifications of the crossing in
    relation to the criteria specified in Paragraph 2 of this
    General Order.

    4.2 An on-site inspection will be made of the grade crossing by
    the Commission staff with the applicant.

    4.3 Upon the conclusion of the staff that grade crossing meets
    the minimum requirements for "Exempt" status and their
    recommendation that "Exempt" status be approved, a
    resolution authorizing the exemption may be issued by the
    Commission's Executive Director.

    4.4 Grade Crossings declared "Exempt" will be subject to
    periodic review and changes in conditions may warrant
    removal of "Exempt" status from the grade crossing.

    4.5 A list of "Exempt" crossings will be established and a copy
    of the list will be served by mail upon each public agency
    and publicly owned transit system. The list will also be
    served by mail upon each railroad corporation, passenger
    stage corporation, charter-party carrier of passengers, pe-
    troleum irregular route carrier, petroleum contract carrier
    and highway common carrier having authority to transport
    petroleum products in bulk in tank vehicles subject to the
    jurisdiction of this Commission. The published exempt
    crossing list will be updated annually.

5. APPLICATIONS REQUIRED WHERE THE PARTIES ARE
NOT IN AGREEMENT OR THE CROSSING DOES NOT MEET
THE MINIMUM QUALIFICATIONS

    Where the parties, including the Commission staff, are not in
    agreement as to the public necessity of "Exempt" status for a
    railroad grade crossing or the staff has not recommended the
    granting of a `"request," or the railroad involved has protested, the
    public authority, or other interested parties desiring the change,
    shall make formal application to the Commission seeking author-
    ity for "Exempt" status. The formal application shall comply with
    the Commission's Rules of Practice and Procedure (Title 20 of the
    California Administrative Code).

1 A Policy on Geometric Design of Rural Highways 1965, American Association of State Highway Officials.

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