Public Law 110-432 (Sec. 205)

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

(a) IN GENERAL.—Section 20152 is amended to read as follows:

‘‘§ 20152. Notification of grade crossing problems

‘‘(a) IN GENERAL.—Not later than 18 months after the date

of enactment of the Rail Safety Improvement Act of 2008, the

Secretary of Transportation shall require each railroad carrier to—

‘‘(1) establish and maintain a toll-free telephone service

for rights-of-way over which it dispatches trains, to directly

receive calls reporting—

‘‘(A) malfunctions of signals, crossing gates, and other

devices to promote safety at the grade crossing of railroad

tracks on those rights-of-way and public or private roads;

‘‘(B) disabled vehicles blocking railroad tracks at such

grade crossings;

‘‘(C) obstructions to the view of a pedestrian or a vehicle

operator for a reasonable distance in either direction of

a train’s approach; or

‘‘(D) other safety information involving such grade

crossings;

‘‘(2) upon receiving a report pursuant to paragraph (1)(A)

or (B), immediately contact trains operating near the grade

crossing to warn them of the malfunction or disabled vehicle;

‘‘(3) upon receiving a report pursuant to paragraph (1)(A)

or (B), and after contacting trains pursuant to paragraph (2),

contact, as necessary, appropriate public safety officials having

jurisdiction over the grade crossing to provide them with the

information necessary for them to direct traffic, assist in the

removal of the disabled vehicle, or carry out other activities

as appropriate;

‘‘(4) upon receiving a report pursuant to paragraph (1)(C)

or (D), timely investigate the report, remove the obstruction

if possible, or correct the unsafe circumstance; and

‘‘(5) ensure the placement at each grade crossing on rightsof-

way that it owns of appropriately located signs, on which

shall appear, at a minimum—

‘‘(A) a toll-free telephone number to be used for placing

calls described in paragraph (1) to the railroad carrier

dispatching trains on that right-of-way;

‘‘(B) an explanation of the purpose of that toll-free

telephone number; and

‘‘(C) the grade crossing number assigned for that

crossing by the National Highway-Rail Crossing Inventory

established by the Department of Transportation.

‘‘(b) WAIVER.—The Secretary may waive the requirement that

the telephone service be toll-free for Class II and Class III rail

carriers if the Secretary determines that toll-free service would

be cost prohibitive or unnecessary.’’.

49 USC 21301.

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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4873

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201 is amended by striking the item relating to section

20152 and inserting the following:

‘‘20152. Notification of grade crossing problems.’’.

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