4 Colo. Code Regs. § 723-7-7212

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 723-7-7212 - Crossing Safety Diagnostics and Cost Estimates

(a) A railroad, railroad corporation, rail fixed guideway, transit agency, owner of the track, road authority, or Commission staff may request a crossing safety diagnostic at any existing or proposed crossing to assess the condition of the existing crossing, to discuss proposed changes to an existing crossing, or to discuss a proposed new crossing. A crossing safety diagnostic must be held at least 30 days prior to the filing of an application for a new crossing, for changes to an existing crossing, or for closure of an existing crossing. If the railroad, railroad corporation, rail fixed guideway, transit agency, owner of the track, road authority, and Commission staff agree that a crossing safety diagnostic for a specific project for which an application will be sought is not necessary, Commission staff shall provide written correspondence to the railroad, railroad corporation, rail fixed guideway, transit agency, owner of the track, and road authority memorializing such agreement for use in any future application within fourteen days of the date of the agreement. Applications may be filed 30 days after receipt of either the written correspondence from Commission staff or from the date by which written correspondence is to be received from Commission staff.

(b) Commission staff will be required to assist and review any proposed simultaneous or advance preemption timings at crossings for which interconnection and preemption exists or will be requested, and with proposed exit gate operations and timings at crossings for which four-quadrant gate systems exist or are proposed to be installed. If Commission staff concurs with the proposal, a letter of concurrence shall be provided. Commission staff's assistance, review and concurrence, if any, must occur more than 30 days prior to the filing date of the application.

(c) During a crossing safety diagnostic held at an at-grade highway-rail crossing or pedestrian crossing, the road authority, and the railroad, railroad corporation, rail fixed guideway, transit agency or owner of the track, with any necessary assistance from Commission staff, shall review, and confer on the items in subparagraphs 7212(c)(I) through (III). While this conferral is required, the railroad, railroad corporation, rail fixed guideway, transit agency or owner of the track does not have authority to overrule the road authority's determinations as to aspects that directly relate to control and direction of vehicular traffic.

(I) The need for and selection of appropriate safety devices;

(II) the appropriate preemption operation and the timing of traffic control signals interconnected with highway-rail grade crossings adjacent to signalized highway intersections; and

(III) the appropriate exit gate operating mode and exit gate clearance time.

(d) An applicant and its consultants, and a railroad, railroad corporation, rail fixed guideway, transit agency, owner of the track and their consultants may not require a road authority, railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track to accept the results of or pay for the preparation of any study or report not expressly requested by the road authority, railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track unless the parties have entered into an agreement for payment, (e.g.,reimbursement which includes a general scope for the required study or report), and such study or report relates to the project.

(e) Every railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track shall provide to a road authority an initial cost estimate (including labor, materials and circuitry costs) and a schematic diagram with all the information required to be shown on the schematic diagram per subparagraph 7204(a)(X)(D) for the specific configuration requested by the road authority no more than 120 calendar days after a road authority has submitted a request to such entity consistent with the notice requirements in subparagraph 7208(e)(I) and has provided the necessary documents for such entity to create the initial cost estimate and schematic diagram. If the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track determines that the road authority has not provided all necessary documents for it to create the initial cost estimate and schematic diagram, within 30 calendar days of receiving the road authority's request for an initial cost estimate and schematic diagram, the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track must notify the road authority in writing of the additional documents that it requires. If the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track does not provide this notice, the road authority is presumed to have provided the necessary documents and the 120-day timeframe will run from the date the road authority served its request for the initial cost estimate and schematic diagram. If the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track provides notice that it requires additional documents, its initial cost estimate and schematic diagram must be provided to the road authority within 120 calendar days of the date that the road authority provides the documents that the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track identified in its written notice to the road authority. This paragraph may not be used to circumvent the requirements in paragraphs 7212(d) and (g).

(f) The signed construction and maintenance agreement or evidence of a signed intergovernmental agreement between any railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track shall be filed with the Commission within 90 calendar days of the Commission's final decision authorizing the highway-rail crossing project, or anytime within the 30-day period preceding the Commission-approved construction start date, whichever comes later.

(g) If a railroad, railroad corporation, rail fixed guideway, transit agency or owner of the track uses a consultant to perform a public project review, in conjunction with or on its behalf, then review of the public project, including the scope of consultant time that may be billed to the road authority, is strictly limited as follows:

(I) to preemption calculation verification using the road authority's traffic signal timing information;

(II) shall not include the review of, or require the road authority to comment on or make changes to any of the following matters:

(A) construction plans that do not relate directly to the location of the highway-rail grade crossing;

(B) traffic engineering matters including signing, striping, traffic signal cabinet wiring plans, traffic signal design and construction, and traffic signal operations; and

(C) any other area of design, construction, implementation, and operations that is under the statutory authority and expertise of the road authority or the Commission;

(III) the public project review shall be promptly completed and the preparation of a road authority requested front sheet and cost estimate shall be completed within the 120-day deadline set forth in paragraph 7212(e); and

(IV) the road authority may request that the Commission review the reasonableness of the time billed by the consultant to the road authority.

(h) A railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track may assess costs for new, or the new part of, revised easements or licenses but may not assess any costs for existing easements at existing public highway, utility, or public pathway crossings. If a new or expanded easement or license is required as a part of a road authority's public highway, utility, or public pathway crossing project, and the road authority cannot provide recorded documentation of existing easements, leases, or licenses, the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of track may assess the road authority its reasonable costs associated with researching, documenting, and recording such easements or licenses.

4 CCR 723-7-7212

40 CR 14, July 25, 2017, effective 8/14/2017

41 CR 14, July 25, 2018, effective 8/14/2018

42 CR 07, April 10, 2019, effective 4/30/2019

45 CR 11, June 10, 2022, effective 6/30/2022

47 CR 07, April 10, 2024, effective 4/30/2024