
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20153]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
 
Sec. 20153. Audible warnings at highway-rail grade crossings

    (a) Definitions.--As used in this section--
        (1) the term ``highway-rail grade crossing'' includes any street 
    or highway crossing over a line of railroad at grade;
        (2) the term ``locomotive horn'' refers to a train-borne audible 
    warning device meeting standards specified by the Secretary of 
    Transportation; and
        (3) the term ``supplementary safety measure'' refers to a safety 
    system or procedure, provided by the appropriate traffic control 
    authority or law enforcement authority responsible for safety at the 
    highway-rail grade crossing, that is determined by the Secretary to 
    be an effective substitute for the locomotive horn in the prevention 
    of highway-rail casualties. A traffic control arrangement that 
    prevents careless movement over the crossing (e.g., as where 
    adequate median barriers prevent movement around crossing gates 
    extending over the full width of the lanes in the particular 
    direction of travel), and that conforms to standards prescribed by 
    the Secretary under this subsection, shall be deemed to constitute a 
    supplementary safety measure. The following do not, individually or 
    in combination, constitute supplementary safety measures within the 
    meaning of this subsection: standard traffic control devices or 
    arrangements such as reflectorized crossbucks, stop signs, flashing 
    lights, flashing lights with gates that do not completely block 
    travel over the line of railroad, or traffic signals.

    (b) Requirement.--The Secretary of Transportation shall prescribe 
regulations requiring that a locomotive horn shall be sounded while each 
train is approaching and entering upon each public highway-rail grade 
crossing.
    (c) Exception.--(1) In issuing such regulations, the Secretary may 
except from the requirement to sound the locomotive horn any categories 
of rail operations or categories of highway-rail grade crossings (by 
train speed or other factors specified by regulation)--
        (A) that the Secretary determines not to present a significant 
    risk with respect to loss of life or serious personal injury;
        (B) for which use of the locomotive horn as a warning measure is 
    impractical; or
        (C) for which, in the judgment of the Secretary, supplementary 
    safety measures fully compensate for the absence of the warning 
    provided by the locomotive horn.

    (2) In order to provide for safety and the quiet of communities 
affected by train operations, the Secretary may specify in such 
regulations that any supplementary safety measures must be applied to 
all highway-rail grade crossings within a specified distance along the 
railroad in order to be excepted from the requirement of this section.
    (d) Application for Waiver or Exemption.--Notwithstanding any other 
provision of this subchapter, the Secretary may not entertain an 
application for waiver or exemption of the regulations issued under this 
section unless such application shall have been submitted jointly by the 
railroad carrier owning, or controlling operations over, the crossing 
and by the appropriate traffic control authority or law enforcement 
authority. The Secretary shall not grant any such application unless, in 
the judgment of the Secretary, the application demonstrates that the 
safety of highway users will not be diminished.
    (e) Development of Supplementary Safety Measures.--(1) In order to 
promote the quiet of communities affected by rail operations and the 
development of innovative safety measures at highway-rail grade 
crossings, the Secretary may, in connection with demonstration of 
proposed new supplementary safety measures, order railroad carriers 
operating over one or more crossings to cease temporarily the sounding 
of locomotive horns at such crossings. Any such measures shall have been 
subject to testing and evaluation and deemed necessary by the Secretary 
prior to actual use in lieu of the locomotive horn.
    (2) The Secretary may include in regulations issued under this 
subsection special procedures for approval of new supplementary safety 
measures meeting the requirements of subsection (c)(1) of this section 
following successful demonstration of those measures.
    (f) Specific Rules.--The Secretary may, by regulation, provide that 
the following crossings over railroad lines shall be subject, in whole 
or in part, to the regulations required under this section:
        (1) Private highway-rail grade crossings.
        (2) Pedestrian crossings.
        (3) Crossings utilized primarily by nonmotorized vehicles and 
    other special vehicles.

Regulations issued under this subsection shall not apply to any location 
where persons are not authorized to cross the railroad.
    (g) Issuance.--The Secretary shall issue regulations required by 
this section pertaining to categories of highway-rail grade crossings 
that in the judgment of the Secretary pose the greatest safety hazard to 
rail and highway users not later than 24 months following November 2, 
1994. The Secretary shall issue regulations pertaining to any other 
categories of crossings not later than 48 months following November 2, 
1994.
    (h) Impact of Regulations.--The Secretary shall include in 
regulations prescribed under this section a concise statement of the 
impact of such regulations with respect to the operation of section 
20106 of this title (national uniformity of regulation).
    (i) Regulations.--In issuing regulations under this section, the 
Secretary--
        (1) shall take into account the interest of communities that--
            (A) have in effect restrictions on the sounding of a 
        locomotive horn at highway-rail grade crossings; or
            (B) have not been subject to the routine (as defined by the 
        Secretary) sounding of a locomotive horn at highway-rail grade 
        crossings;

        (2) shall work in partnership with affected communities to 
    provide technical assistance and shall provide a reasonable amount 
    of time for local communities to install supplementary safety 
    measures, taking into account local safety initiatives (such as 
    public awareness initiatives and highway-rail grade crossing traffic 
    law enforcement programs) subject to such terms and conditions as 
    the Secretary deems necessary, to protect public safety; and
        (3) may waive (in whole or in part) any requirement of this 
    section (other than a requirement of this subsection or subsection 
    (j)) that the Secretary determines is not likely to contribute 
    significantly to public safety.

    (j) Effective Date of Regulations.--Any regulations under this 
section shall not take effect before the 365th day following the date of 
publication of the final rule.

(Added Pub. L. 103-440, title III, Sec. 302(a), Nov. 2, 1994, 108 Stat. 
4626; amended Pub. L. 104-264, title XII, Sec. 1218(a), Oct. 9, 1996, 
110 Stat. 3285; Pub. L. 104-287, Sec. 5(51), Oct. 11, 1996, 110 Stat. 
3393.)


                               Amendments

    1996--Subsec. (g). Pub. L. 104-287 substituted ``November 2, 1994'' 
for ``the date of enactment of this section'' in two places.
    Subsecs. (i), (j). Pub. L. 104-264 added subsecs. (i) and (j).


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.
