Section 3: Operations Involving Railroads
Anchor: #i999861Maintenance Responsibilities
In Texas, the road authority and railroad company assume both separate and joint maintenance responsibilities at highway-rail grade crossings. The track and signals are always maintained by the rail operator, because they are located within railroad right-of-way and are intrinsic to the safe operation and passage of trains. While local, state, and federal governmental entities may provide funds for the replacement or upgrade of crossing surfaces and crossing signals, the railroad operator is generally responsible for performing the work within railroad right-of-way.
Railroad companies are responsible for maintaining crossing surfaces between the cross ties of the track structure. Crossties typically extend two feet outside of each rail. The road authority is responsible for maintaining the roadway approaches up to the edge of the crossing surface, advanced signing, and pavement markings. Maintenance of crossbuck signs and warning signal devices located within railroad right-of-way is the responsibility of the railroad operator.
Anchor: #i999876Working on Railroad Right-of-Way
An agreement between TxDOT and the operating railroad company must be in place giving TxDOT permission to enter into and perform work on railroad right-of-way. The state’s contractor must have railroad protective liability insurance in place with the operating railroad company prior to entering into and performing work on railroad right-of-way.
Any work performed by state forces on railroad right-of-way should be closely coordinated with the operating railroad company.
Anchor: #i999891Railroad Payment
The state normally reimburses the railroad for force account work, except where an existing highway is crossed by a new railroad. For new railroads, most crossing agreements provide for the railroad to assume the entire cost. Reimbursement is limited to the work detailed in the state-railroad agreement and attached exhibits. Cost related to the improvement or maintenance of railroad property will not be reimbursed. The railroad bears the expense and responsibility of maintaining crossing warning signal systems, crossbuck signs, and crossing surfaces.
Reimbursable (Funded) Work. Railroad force account work (work performed by the railroad company) is funded and work is performed in conjunction with an approved highway construction project.
The state normally reimburses the railroad for force account work, except where an existing highway is crossed by a new railroad. In this case, most crossing agreements provide for the railroad to assume the entire cost. Reimbursement is limited to the work detailed in the state-railroad agreement and attached exhibits.
The railroad normally sends their bills to Finance Division (FIN) for payment.
Non-Reimbursable (Unfunded) Work. Cost related to the improvement or maintenance of railroad property is not reimbursed. The railroad bears the expense and responsibility of maintaining crossing warning signal systems, crossbuck signs, and crossing surfaces.