74-1342. Comprehensive public safety program; department; duties.

(1) The Department of Transportation shall adopt and promulgate rules and regulations establishing a comprehensive public safety program to deal with problems associated with public and private highway-rail grade crossings. In designing such a program, the department shall establish a process for assessing the risk to the public from particular grade crossings and for reducing or eliminating such risk in a cost-effective and timely manner. The department shall actively solicit input from the public and from representatives of county and municipal governments, the Federal Highway Administration, the Federal Railroad Administration, and any other individuals or entities with an interest in grade crossing safety.

(2) The grade crossing safety assessment process may include the following factors:

(a) Volume of trains;

(b) Volume of motor vehicles, including character, function, and type of vehicular traffic through the crossing;

(c) Number of tracks at the crossing;

(d) Geometry of the crossing, including acute angles;

(e) Sight-distance restrictions, if any;

(f) Train and motor vehicle speed;

(g) Accident history;

(h) Character of proximate road network, including distance and travel time to adjacent crossings;

(i) Frequency and duration of roadway blockage by trains, including citation history;

(j) Emergency response routes, including alternatives;

(k) Economic impact of crossing;

(l) Current and foreseeable development in the vicinity of the crossing; and

(m) Location of schools and hospitals.

Source