Okla. Admin. Code § 165:32-3-3

Current through Vol. 42, No. 7, December 16, 2024

Section 165:32-3-3 - Changes in existing crossing warning devices

(a)Notice. No change, except in case of emergencies, shall be made in existing crossing warning devices at any grade crossing unless and until due notice thereof is given in writing to the Commission and the written approval of the Commission is obtained where such approval is required by this Section. This Section shall not apply to the erection of additional signs, consistent with Commission rules or Orders, nor prevent a railroad from making changes in circuits to accommodate changes, but cannot be reduced.

(b)Exceptions. Changes in the existing crossing warning devices may be made without specific authority first having been obtained, provided written communication identifying the location, extent and permanent or temporary nature of the changes is given to the Commission, if the changes consist of any of the following:

(1) Extending the hours of a flagman.

(2) Installing bells or additional light units on flashing light signals, or additional units to meet special conditions at crossings where flashing light signals are already established.

(3) Establishing new or additional lighting, either by flood light or by new or additional lamps placed on gates, signs or other warning equipment.

(4) Removal of any sign not provided for in the Manual For Uniform Traffic Control Devices (MUTCD) or required by order of the Commission.

(5) A temporary change, such as one made necessary by highway reconstruction work in progress, or the like.

(c)Resolution. Where a major change or reduction in existing crossing warning devices is proposed at any crossing within the limits of a city or town, the Commission may, at its discretion, require the applicant to file an appropriate resolution or other official act, if obtainable, indicating the attitude of the municipal authorities with reference to the proposed change.

(d)Removal. The railroad company shall not remove an automatic crossing device or reduce the hours during which any such device is maintained, or substitute any form of warning device for a form already maintained at any public crossing, unless the consent for such removal, reduction or substitution shall have been obtained from the Commission; provided, however, that a human flagman, assigned to temporarily warn the traveling public during an emergency, may be removed without such consent.

(e)Damage. Absence of crossing signals and signs, due to accidents or severe weather conditions, shall not be considered a violation of this Subchapter. This does not excuse the company from providing warning by train order or human flagmen in lieu of the missing or damaged sign or signal.

Okla. Admin. Code § 165:32-3-3

Added at 12 Ok Reg 2107, eff 7-1-95

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014