Rules of Practice and Procedure

Article 10. Applications to Construct, Alter or Abolish Railroad Crossings

This article applies to applications under Sections 1201-1205 of the Public Utilities Code, and the requirements hereof are in addition to Rules 2 through 2.6, 15, and 16.

38. (Rule 38) To Construct a Public Highway Across a Railroad

Applications to construct a public road, highway, or street across a railroad must be made by the municipal, county, state, or other governmental authority which proposes the construction, and shall contain the following data:

(a) A legal description of the location of the proposed crossing.

(b) Crossing numbers of the nearest existing public crossing on each side of the proposed crossing. (Numbers may be obtained from the crossing sign at the crossing, or from the office of the railroad.)

(d) If the proposed crossing is at grade, a statement showing why a separation of grades is not practicable.

(e) A statement showing the signs, signals, or other protection which applicant recommends be provided at the proposed crossing.

(f) A map of suitable scale (50 to 200 feet per inch) showing accurate locations of all streets, roads, property lines, tracks, buildings, structures or other obstructions to view for a distance of at least 400 feet along the railroad and 200 feet along the highway in each direction from the proposed crossing. Such map shall show the character of surface or pavement and width of same, either existing or proposed, on the street or road adjacent to the proposed crossing and on each side thereof.

(g) A map of suitable scale (1,000 to 3,000 feet per inch) showing the relation of the proposed crossing to existing roads and railroads in the general vicinity of the proposed crossing.

(h) A profile showing the ground line and grade line and rate of grades of approach on all highways and railroads affected by the proposed crossing.

(i) A certificate showing that a copy of the application has been served by mail on the affected railroad corporations.

Note: Authority and reference cited: Section 1701, Public Utilities Code.

39. (Rule 39) To Widen or Relocate an Existing Crossing

When the political subdivision or governmental authority having jurisdiction desires to widen, relocate, or otherwise alter an existing crossing, the application shall show the information required by Rule 38, except that the crossing number of the crossing proposed to be altered shall be stated, instead of the information required by Rule 38(b).

40. (Rule 40) To Construct a Railroad Track Across a Public Highway

When a railroad desires to construct a track across a public road, highway or street, it shall mail a copy of its application to the municipal, county, state or other governmental authority having jurisdiction and control over the highway or charged with its construction and maintenance. The original thereof shall contain a certification of such mailing. Such application shall comply with Rule 38(a), (c), (d), (e), (f), (g), and (h), and shall also contain the following information:

(a) There shall be attached to the original application a certified copy of the franchise or permit, if any be requisite, from the authority having jurisdiction, which gives to the railroad the right to cross the highway involved, and a copy thereof shall be attached to each copy of the application. If such franchise or permit has already been filed, the application need only make specific reference to such filing.

(b) The proposed crossing number shall be stated.

(c) The map referred to in Rule 38(f) shall also show, by distinct colorings or lines, all new tracks or changes in existing tracks, within

the limits of the drawing, which are to be made in connection with the construction of the proposed crossing.

41. (Rule 41) To Construct a Railroad or Street Railroad Across
a Railroad or Street Railroad

Applications to construct a railroad track across a railroad or street railroad shall also contain the following:

(a) A map of suitable scale (50 to 200 feet per inch) showing accurate locations of all streets, roads, property lines, tracks, buildings, structures or other obstructions to view in the immediate vicinity.

(b) A map of suitable scale (1,000 to 3,000 feet per inch) showing the relation of the proposed crossing to existing railroads in the general vicinity.

(d) A true copy of the contract executed by the parties, or other evidence that the carrier to be crossed is willing that the crossing be installed.

(e) A certificate showing that a copy of the application has been served by mail on the affected railroad corporations.