N.M. Admin. Code § 18.14.4.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.14.4.11 - ADDITIONAL REQUIREMENTS FOR PRIVATE CROSSINGS OF DEPARTMENT OWNED RAILROAD PROPERTY

A. All liability at a private crossing will lie with the second party named in any existing or future crossing agreement. The department will bear no liability for these crossings.

B. The liability for the use and the responsibility for funding the inspection, maintenance and improvement of a private crossing shall be the responsibility of the second party, as the owner of the road that crosses the department owned railroad property.

C. If the department can not locate or acquire a valid agreement that has been issued to allow a private crossing of the department owned railroad property, and the department is unable to execute an agreement with an applicant for the crossing, the department shall initiate a process to consider closing the crossing utilizing the procedures included in 18.14.4.13 NMAC.

D. The department shall have the right to terminate an agreement in the event that the department determines any of the following:

(1) the crossing is being used for a purpose or in a manner not set forth in the agreement; or

(2) there is a significant change in the volume or nature of road traffic at the crossing; or

(3) the second party has in any way breached the terms or conditions of any applicable agreement.

N.M. Admin. Code § 18.14.4.11

18.14.4.11 NMAC - N, 12/1/2010