{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/56-406.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/56-406.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/56-406.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/56-406.1.html"}],"law_id":370364,"edition_id":2,"section_id":370364,"structure_id":52750,"section_number":"56-406.1","catch_line":"Proceedings for installation and maintenance of automatically operated gates, signals and other automatic crossing warning devices","history":"1952, c. 400; 1954, c. 122; 1962, c. 527; 1996, cc. 114, 157.","full_text":"Railroads shall cooperate with the Virginia Department of Transportation and the Department of Rail and Public Transportation in furnishing information and technical assistance to enable the Commonwealth to develop plans and project priorities for the elimination of hazardous conditions at any crossing of a public highway which crosses at grade including, but not limited to, grade crossing elimination, reconstruction of existing grade crossings, and grade crossing improvements. The Commonwealth shall provide each locality a listing of grade crossing safety needs for its consideration. Information collected and analyses undertaken by the designated state agencies are subject to 23 U.S.C. \u00a7 409. A railroad shall not unilaterally select or determine the type of grade crossing warning system to be installed at any crossing of a public highway and railroad at grade. The railroad shall only install or upgrade a grade crossing warning system at any crossing of a public highway and railroad at grade pursuant to an agreement with the Virginia Department of Transportation or representative of the appropriate public road authority authorized to enter into such agreements. A railroad is not required but is permitted to upgrade, at its own expense, components of any public highway at grade warning system when such upgrade is incidental to a railroad improvement project relating to track, structures or train control systems.\n\nWhen required by the Commissioner of Highways or representative of the appropriate public road authority, every railroad company shall cause a grade crossing warning device including flashing lights approved by the Department of Transportation at such heights as to be easily seen by travelers, and not obstructing travel, to be placed, and maintained at each public highway at or near each place where it is crossed by the railroad at the same level. Such warning device shall be automatically activated by the approaching train so as to be clearly discernible to travelers approaching the railroad crossing from each direction at a distance of two-hundred feet. Such warning devices shall be erected at the initiative of the appropriate public road authority only when required by ordinance or resolution adopted by the Commissioner or the appropriate public road authority thereof stating that such political subdivision will pay the full initial installation cost of such warning devices and that maintenance costs will be fixed as provided in \u00a7 56-406.2. A certified copy of such ordinance or resolution shall be delivered to such railroad company, and such railroad company shall forthwith install such warning devices at the full initial cost of such public road authority. The cost of such installation and maintenance of such warning devices may be shared by agreement between such railroad company and the Commissioner of Highways or the appropriate public road authority, when initiating such installation. The railroad shall be responsible for the continuing maintenance of the warning devices.\n\nIn the event that such Commissioner or representative of the appropriate public road authority and the railroad company or companies involved are unable to agree on (i) the necessity for such grade crossing warning device, or (ii) the plans and specifications for and the method and manner of construction or operation thereof, or (iii) the share of the cost of construction, if any, to be borne by the railroad company or companies involved, then the Commissioner of Highways or representative of the appropriate public road authority, as the case may be, shall petition the State Corporation Commission setting forth the grade crossing warning devices desired and the plans and specifications for and the method and manner of construction and operation of the devices desired and the facts which, in the opinion of the petitioner, justify the requiring of the same. Copies of the petition and plans and specifications shall be forthwith served by the State Corporation Commission on the railroad company or companies involved. Within twenty days after service on it of such petition and plans and specifications, each such railroad company shall file an answer with the State Corporation Commission setting out its objections to the proposed project, and the Commission shall hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine (a) whether public necessity justifies or requires the proposed warning devices, (b) whether the plans and specifications or the method and manner of construction and operation be proper and appropriate, and (c) what share of the cost of the project, if any, to be borne by any railroad company involved is fair and reasonable, having regard to the benefits, if any, accruing to such railroad company from providing such grade crossing warning devices, and either dismiss the proceeding as against such railroad company or enter an order deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction.\n\n","order_by":null,"text":{"0":{"id":1381551,"text":"Railroads shall cooperate with the Virginia Department of Transportation and the Department of Rail and Public Transportation in furnishing information and technical assistance to enable the Commonwealth to develop plans and project priorities for the elimination of hazardous conditions at any crossing of a public highway which crosses at grade including, but not limited to, grade crossing elimination, reconstruction of existing grade crossings, and grade crossing improvements. The Commonwealth shall provide each locality a listing of grade crossing safety needs for its consideration. Information collected and analyses undertaken by the designated state agencies are subject to 23 U.S.C. \u00a7 409. A railroad shall not unilaterally select or determine the type of grade crossing warning system to be installed at any crossing of a public highway and railroad at grade. The railroad shall only install or upgrade a grade crossing warning system at any crossing of a public highway and railroad at grade pursuant to an agreement with the Virginia Department of Transportation or representative of the appropriate public road authority authorized to enter into such agreements. A railroad is not required but is permitted to upgrade, at its own expense, components of any public highway at grade warning system when such upgrade is incidental to a railroad improvement project relating to track, structures or train control systems.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1381552,"text":"When required by the Commissioner of Highways or representative of the appropriate public road authority, every railroad company shall cause a grade crossing warning device including flashing lights approved by the Department of Transportation at such heights as to be easily seen by travelers, and not obstructing travel, to be placed, and maintained at each public highway at or near each place where it is crossed by the railroad at the same level. Such warning device shall be automatically activated by the approaching train so as to be clearly discernible to travelers approaching the railroad crossing from each direction at a distance of two-hundred feet. Such warning devices shall be erected at the initiative of the appropriate public road authority only when required by ordinance or resolution adopted by the Commissioner or the appropriate public road authority thereof stating that such political subdivision will pay the full initial installation cost of such warning devices and that maintenance costs will be fixed as provided in \u00a7 56-406.2. A certified copy of such ordinance or resolution shall be delivered to such railroad company, and such railroad company shall forthwith install such warning devices at the full initial cost of such public road authority. The cost of such installation and maintenance of such warning devices may be shared by agreement between such railroad company and the Commissioner of Highways or the appropriate public road authority, when initiating such installation. The railroad shall be responsible for the continuing maintenance of the warning devices.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1381553,"text":"In the event that such Commissioner or representative of the appropriate public road authority and the railroad company or companies involved are unable to agree on (i) the necessity for such grade crossing warning device, or (ii) the plans and specifications for and the method and manner of construction or operation thereof, or (iii) the share of the cost of construction, if any, to be borne by the railroad company or companies involved, then the Commissioner of Highways or representative of the appropriate public road authority, as the case may be, shall petition the State Corporation Commission setting forth the grade crossing warning devices desired and the plans and specifications for and the method and manner of construction and operation of the devices desired and the facts which, in the opinion of the petitioner, justify the requiring of the same. Copies of the petition and plans and specifications shall be forthwith served by the State Corporation Commission on the railroad company or companies involved. Within twenty days after service on it of such petition and plans and specifications, each such railroad company shall file an answer with the State Corporation Commission setting out its objections to the proposed project, and the Commission shall hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine (a) whether public necessity justifies or requires the proposed warning devices, (b) whether the plans and specifications or the method and manner of construction and operation be proper and appropriate, and (c) what share of the cost of the project, if any, to be borne by any railroad company involved is fair and reasonable, having regard to the benefits, if any, accruing to such railroad company from providing such grade crossing warning devices, and either dismiss the proceeding as against such railroad company or enter an order deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52750,"edition_id":2,"name":"Highway Crossings","identifier":"6","label":"article","depth":3,"order_by":6,"parent_id":52743,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 03:04:05","date_modified":"2026-08-02 12:35:42","permalink":{"id":1476609,"object_type":"structure","relational_id":52750,"identifier":"6","token":"56\/13\/6","url":"\/56\/13\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52743,"edition_id":2,"name":"Railroad Corporations","identifier":"13","label":"chapter","depth":2,"order_by":27,"parent_id":52702,"metadata":{"child_laws":86,"child_structures":11},"date_created":"2026-08-02 03:03:58","date_modified":"2026-08-02 12:35:41","permalink":{"id":1476441,"object_type":"structure","relational_id":52743,"identifier":"13","token":"56\/13","url":"\/56\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52702,"edition_id":2,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":121,"parent_id":null,"metadata":{"child_laws":710,"child_structures":93},"date_created":"2026-08-02 03:03:25","date_modified":"2026-08-02 12:35:34","permalink":{"id":1475475,"object_type":"structure","relational_id":52702,"identifier":"56","token":"56","url":"\/56\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":370363,"structure_id":52750,"section_number":"56-405","catch_line":"Railroad companies to maintain grade crossings of public highways and approaches; repair by Commissioner of Highways or public road authority; recovery of cost from railroad company","url":"\/56-405\/","token":"56\/13\/6\/56-405","metadata":false},{"id":370358,"structure_id":52750,"section_number":"56-405.01","catch_line":"Repealed","url":"\/56-405.01\/","token":"56\/13\/6\/56-405.01","metadata":false},{"id":370359,"structure_id":52750,"section_number":"56-405.02","catch_line":"Railroads to adjust certain public highways at grade crossings","url":"\/56-405.02\/","token":"56\/13\/6\/56-405.02","metadata":false},{"id":370360,"structure_id":52750,"section_number":"56-405.1","catch_line":"Agreements with Commissioner of Highways or public road authority representative for maintenance and repair of public grade crossings","url":"\/56-405.1\/","token":"56\/13\/6\/56-405.1","metadata":false},{"id":370361,"structure_id":52750,"section_number":"56-405.2","catch_line":"Construction and maintenance of crossbucks","url":"\/56-405.2\/","token":"56\/13\/6\/56-405.2","metadata":false},{"id":370362,"structure_id":52750,"section_number":"56-405.3","catch_line":"Repealed","url":"\/56-405.3\/","token":"56\/13\/6\/56-405.3","metadata":false},{"id":370366,"structure_id":52750,"section_number":"56-406","catch_line":"Repealed","url":"\/56-406\/","token":"56\/13\/6\/56-406","metadata":false},{"id":370364,"structure_id":52750,"section_number":"56-406.1","catch_line":"Proceedings for installation and maintenance of automatically operated gates, signals and other automatic crossing warning devices","url":"\/56-406.1\/","token":"56\/13\/6\/56-406.1","metadata":false},{"id":370365,"structure_id":52750,"section_number":"56-406.2","catch_line":"Proceeding for fixing cost of maintaining such warning devices at public grade crossings","url":"\/56-406.2\/","token":"56\/13\/6\/56-406.2","metadata":false},{"id":370367,"structure_id":52750,"section_number":"56-407","catch_line":"Repealed","url":"\/56-407\/","token":"56\/13\/6\/56-407","metadata":false},{"id":370368,"structure_id":52750,"section_number":"56-408","catch_line":"Signs similar to crossing signs prohibited","url":"\/56-408\/","token":"56\/13\/6\/56-408","metadata":false},{"id":370369,"structure_id":52750,"section_number":"56-409","catch_line":"Repealed","url":"\/56-409\/","token":"56\/13\/6\/56-409","metadata":false},{"id":370372,"structure_id":52750,"section_number":"56-411","catch_line":"Removal of brush and trees from right-of-way","url":"\/56-411\/","token":"56\/13\/6\/56-411","metadata":false},{"id":370376,"structure_id":52750,"section_number":"56-412","catch_line":"When trains shall be stopped before getting to railroad crossing","url":"\/56-412\/","token":"56\/13\/6\/56-412","metadata":false},{"id":370373,"structure_id":52750,"section_number":"56-412.1","catch_line":"Railroad cars obstructing street or road; standing vehicle on railroad track","url":"\/56-412.1\/","token":"56\/13\/6\/56-412.1","metadata":false},{"id":370374,"structure_id":52750,"section_number":"56-412.2","catch_line":"Ordinances conflicting with \u00a7 56-412.1","url":"\/56-412.2\/","token":"56\/13\/6\/56-412.2","metadata":false},{"id":370375,"structure_id":52750,"section_number":"56-412.3","catch_line":"Maintenance of certain roadways by Buchanan County","url":"\/56-412.3\/","token":"56\/13\/6\/56-412.3","metadata":false}],"previous_section":{"id":370366,"structure_id":52750,"section_number":"56-406","catch_line":"Repealed","url":"\/56-406\/","token":"56\/13\/6\/56-406","metadata":false},"next_section":{"id":370365,"structure_id":52750,"section_number":"56-406.2","catch_line":"Proceeding for fixing cost of maintaining such warning devices at public grade crossings","url":"\/56-406.2\/","token":"56\/13\/6\/56-406.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-406.1\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 400 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 122; in 1962, chapter 527; in 1996, chapters 114<\/a> and 157<\/a>.<\/p>","references":false,"refers_to":[{"id":370365,"section_number":"56-406.2","catch_line":"Proceeding for fixing cost of maintaining such warning devices at public grade crossings","order_by":null,"url":"\/56-406.2\/"}],"permalink":{"id":1476639,"object_type":"law","relational_id":370364,"identifier":"56-406.1","token":"56\/13\/6\/56-406.1","url":"\/56-406.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/56-406.1\/","token":"56\/13\/6\/56-406.1","dublin_core":{"Title":"Proceedings for installation and maintenance of automatically operated gates, signals and other automatic crossing warning devices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-406.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Railroads<\/span> shall cooperate with the Virginia Department of Transportation and the Department of Rail and Public Transportation in furnishing information and technical assistance to enable the Commonwealth to develop plans and project priorities for the elimination of hazardous conditions at any crossing of a public highway<\/span> which crosses at grade including, but not limited to, grade crossing elimination, reconstruction of existing grade crossings, and grade crossing improvements. The Commonwealth shall provide each locality a listing of grade crossing safety needs for its consideration. Information collected and analyses undertaken by the designated state agencies are subject to 23 U.S.C. \u00a7 409. A railroad<\/span> shall not unilaterally select or determine the type of grade crossing warning system to be installed at any crossing of a public highway<\/span> and railroad<\/span> at grade. The railroad<\/span> shall only install or upgrade a grade crossing warning system at any crossing of a public highway<\/span> and railroad<\/span> at grade pursuant to an agreement with the Virginia Department of Transportation or representative of the appropriate public road authority authorized to enter into such agreements. A railroad<\/span> is not required but is permitted to upgrade, at its own expense, components of any public highway<\/span> at grade warning system when such upgrade is incidental to a railroad<\/span> improvement project relating to track, structures or train control systems.<\/p>

When required by the Commissioner of Highways<\/span> or representative of the appropriate public road authority, every railroad company<\/span> shall cause a grade crossing warning device including flashing lights approved by the Department of Transportation at such heights as to be easily seen by travelers, and not obstructing travel, to be placed, and maintained at each public highway<\/span> at or near each place where it is crossed by the railroad at the same level. Such warning device shall be automatically activated by the approaching train so as to be clearly discernible to travelers approaching the railroad crossing from each direction at a distance of two-hundred feet. Such warning devices shall be erected at the initiative of the appropriate public road authority only when required by ordinance<\/span> or resolution adopted by the Commissioner or the appropriate public road authority thereof stating that such political subdivision will pay the full initial installation cost of such warning devices and that maintenance costs will be fixed as provided in \u00a7 56-406.2<\/a>. A certified copy of such ordinance<\/span> or resolution shall be delivered to such railroad company<\/span>, and such railroad company<\/span> shall forthwith install such warning devices at the full initial cost of such public road authority. The cost of such installation and maintenance of such warning devices may be shared by agreement between such railroad company<\/span> and the Commissioner of Highways<\/span> or the appropriate public road authority, when initiating such installation. The railroad shall be responsible for the continuing maintenance of the warning devices.<\/p>

In the event that such Commissioner or representative of the appropriate public road authority and the railroad company<\/span> or companies involved are unable to agree on (i) the necessity for such grade crossing warning device, or (ii) the plans and specifications for and the method and manner of construction or operation thereof, or (iii) the share of the cost of construction, if any, to be borne by the railroad company<\/span> or companies involved, then the Commissioner of Highways<\/span> or representative of the appropriate public road authority, as the case may be, shall petition<\/span> the State Corporation<\/span> Commission<\/span> setting forth the grade crossing warning devices desired and the plans and specifications for and the method and manner of construction and operation of the devices desired and the facts<\/span> which, in the opinion<\/span> of the petitioner, justify the requiring of the same. Copies of the petition<\/span> and plans and specifications shall be forthwith served by the State Corporation<\/span> Commission<\/span> on the railroad company<\/span> or companies involved. Within twenty days after service on it of such petition<\/span> and plans and specifications, each such railroad company<\/span> shall file an answer with the State Corporation<\/span> Commission<\/span> setting out its objections to the proposed project, and the Commission<\/span> shall hear and determine the matter as other matters are heard and determined by that body. The Commission<\/span> shall consider all the facts<\/span> and circumstances surrounding the case and shall determine (a) whether public necessity justifies or requires the proposed warning devices, (b) whether the plans and specifications or the method and manner of construction and operation be proper and appropriate, and (c) what share of the cost of the project, if any, to be borne by any railroad company<\/span> involved is fair and reasonable, having regard to the benefits, if any, accruing to such railroad company<\/span> from providing such grade crossing warning devices, and either dismiss the proceeding as against such railroad company<\/span> or enter an order<\/span> deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS FOR INSTALLATION AND MAINTENANCE OF AUTOMATICALLY OPERATED GATES,\nSIGNALS AND OTHER AUTOMATIC CROSSING WARNING DEVICES (\u00a7 56-406.1)\n\nRailroads shall cooperate with the Virginia Department of Transportation and the\nDepartment of Rail and Public Transportation in furnishing information and\ntechnical assistance to enable the Commonwealth to develop plans and project\npriorities for the elimination of hazardous conditions at any crossing of a\npublic highway which crosses at grade including, but not limited to, grade\ncrossing elimination, reconstruction of existing grade crossings, and grade\ncrossing improvements. The Commonwealth shall provide each locality a listing of\ngrade crossing safety needs for its consideration. Information collected and\nanalyses undertaken by the designated state agencies are subject to 23 U.S.C. \u00a7\n409. A railroad shall not unilaterally select or determine the type of grade\ncrossing warning system to be installed at any crossing of a public highway and\nrailroad at grade. The railroad shall only install or upgrade a grade crossing\nwarning system at any crossing of a public highway and railroad at grade\npursuant to an agreement with the Virginia Department of Transportation or\nrepresentative of the appropriate public road authority authorized to enter into\nsuch agreements. A railroad is not required but is permitted to upgrade, at its\nown expense, components of any public highway at grade warning system when such\nupgrade is incidental to a railroad improvement project relating to track,\nstructures or train control systems.\n\nWhen required by the Commissioner of Highways or representative of the\nappropriate public road authority, every railroad company shall cause a grade\ncrossing warning device including flashing lights approved by the Department of\nTransportation at such heights as to be easily seen by travelers, and not\nobstructing travel, to be placed, and maintained at each public highway at or\nnear each place where it is crossed by the railroad at the same level. Such\nwarning device shall be automatically activated by the approaching train so as\nto be clearly discernible to travelers approaching the railroad crossing from\neach direction at a distance of two-hundred feet. Such warning devices shall be\nerected at the initiative of the appropriate public road authority only when\nrequired by ordinance or resolution adopted by the Commissioner or the\nappropriate public road authority thereof stating that such political\nsubdivision will pay the full initial installation cost of such warning devices\nand that maintenance costs will be fixed as provided in \u00a7 56-406.2. A certified\ncopy of such ordinance or resolution shall be delivered to such railroad\ncompany, and such railroad company shall forthwith install such warning devices\nat the full initial cost of such public road authority. The cost of such\ninstallation and maintenance of such warning devices may be shared by agreement\nbetween such railroad company and the Commissioner of Highways or the\nappropriate public road authority, when initiating such installation. The\nrailroad shall be responsible for the continuing maintenance of the warning\ndevices.\n\nIn the event that such Commissioner or representative of the appropriate public\nroad authority and the railroad company or companies involved are unable to\nagree on (i) the necessity for such grade crossing warning device, or (ii) the\nplans and specifications for and the method and manner of construction or\noperation thereof, or (iii) the share of the cost of construction, if any, to be\nborne by the railroad company or companies involved, then the Commissioner of\nHighways or representative of the appropriate public road authority, as the case\nmay be, shall petition the State Corporation Commission setting forth the grade\ncrossing warning devices desired and the plans and specifications for and the\nmethod and manner of construction and operation of the devices desired and the\nfacts which, in the opinion of the petitioner, justify the requiring of the\nsame. Copies of the petition and plans and specifications shall be forthwith\nserved by the State Corporation Commission on the railroad company or companies\ninvolved. Within twenty days after service on it of such petition and plans and\nspecifications, each such railroad company shall file an answer with the State\nCorporation Commission setting out its objections to the proposed project, and\nthe Commission shall hear and determine the matter as other matters are heard\nand determined by that body. The Commission shall consider all the facts and\ncircumstances surrounding the case and shall determine (a) whether public\nnecessity justifies or requires the proposed warning devices, (b) whether the\nplans and specifications or the method and manner of construction and operation\nbe proper and appropriate, and (c) what share of the cost of the project, if\nany, to be borne by any railroad company involved is fair and reasonable, having\nregard to the benefits, if any, accruing to such railroad company from providing\nsuch grade crossing warning devices, and either dismiss the proceeding as\nagainst such railroad company or enter an order deciding and disposing of all of\nthe matters hereinbefore submitted to its jurisdiction.\n\nHISTORY: 1952, c. 400; 1954, c. 122; 1962, c. 527; 1996, cc. 114, 157.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}