{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/56-406.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/56-406.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/56-406.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/56-406.2.html"}],"law_id":370365,"edition_id":2,"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","history":"1956, c. 626; 1962, c. 528; 1996, cc. 114, 157.","full_text":"Whenever any automatically operated gate, signal or other automatic crossing warning device has been or may hereafter be installed at any highway, road or street grade crossing by any railroad company, the Commissioner of Highways or the public road authority may agree with the railroad company involved as to the division of the cost of the future maintenance of any such device or devices. The basis for the division of costs shall be determined by the Department of Rail and Public Transportation utilizing the calculated average maintenance cost of all previous warning device maintenance performed and documented by all railroads operating in Virginia. In the event that the Commissioner or the public road authority and the railroad company involved are unable to agree upon the share of the cost of maintenance of any such device or devices to be borne by the railroad company, if any, then such railroad company may file a petition with the State Corporation Commission setting forth the crossing protection provided at such crossing, the terms of the contract and\/or the conditions of the order of said Commission or the public road authority under which it was constructed and installed and the estimated future annual cost of maintaining the same. Copies of such petition shall forthwith be served by the State Corporation Commission upon the Commissioner of Highways or the public road authority who shall, within twenty days after service of such petition, file an answer thereto setting out reasons for declining to participate in the future cost of maintaining such warning device or devices as requested by the railroad company, and the Commission shall thereupon 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 what share of the cost of the future maintenance of such warning device or devices, if any, shall be borne by the railroad company and\/or the Commonwealth Transportation Board or the public road authority, having regard to the benefits, if any, accruing to such railroad company from the continued maintenance of such protection of said public highway, road or street grade crossing, and either dismiss the proceeding or enter an order deciding and disposing of the matters therein submitted to its jurisdiction.\n\n","order_by":null,"text":{"0":{"id":1381554,"text":"Whenever any automatically operated gate, signal or other automatic crossing warning device has been or may hereafter be installed at any highway, road or street grade crossing by any railroad company, the Commissioner of Highways or the public road authority may agree with the railroad company involved as to the division of the cost of the future maintenance of any such device or devices. The basis for the division of costs shall be determined by the Department of Rail and Public Transportation utilizing the calculated average maintenance cost of all previous warning device maintenance performed and documented by all railroads operating in Virginia. In the event that the Commissioner or the public road authority and the railroad company involved are unable to agree upon the share of the cost of maintenance of any such device or devices to be borne by the railroad company, if any, then such railroad company may file a petition with the State Corporation Commission setting forth the crossing protection provided at such crossing, the terms of the contract and\/or the conditions of the order of said Commission or the public road authority under which it was constructed and installed and the estimated future annual cost of maintaining the same. Copies of such petition shall forthwith be served by the State Corporation Commission upon the Commissioner of Highways or the public road authority who shall, within twenty days after service of such petition, file an answer thereto setting out reasons for declining to participate in the future cost of maintaining such warning device or devices as requested by the railroad company, and the Commission shall thereupon 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 what share of the cost of the future maintenance of such warning device or devices, if any, shall be borne by the railroad company and\/or the Commonwealth Transportation Board or the public road authority, having regard to the benefits, if any, accruing to such railroad company from the continued maintenance of such protection of said public highway, road or street grade crossing, and either dismiss the proceeding or enter an order deciding and disposing of the matters therein submitted to its jurisdiction.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"id":370367,"structure_id":52750,"section_number":"56-407","catch_line":"Repealed","url":"\/56-407\/","token":"56\/13\/6\/56-407","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-406.2\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 626 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 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1962, chapter 528; in 1996, chapters 114<\/a> and 157<\/a>.<\/p>","references":[{"id":370364,"section_number":"56-406.1","catch_line":"Proceedings for installation and maintenance of automatically operated gates, signals and other automatic crossing warning devices","order_by":null,"url":"\/56-406.1\/"}],"refers_to":false,"permalink":{"id":1476643,"object_type":"law","relational_id":370365,"identifier":"56-406.2","token":"56\/13\/6\/56-406.2","url":"\/56-406.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/56-406.2\/","token":"56\/13\/6\/56-406.2","dublin_core":{"Title":"Proceeding for fixing cost of maintaining such warning devices at public grade crossings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-406.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever any automatically operated gate, signal or other automatic crossing warning device has been or may hereafter be installed at any highway<\/span>, road or street grade crossing by any railroad company<\/span>, the Commissioner of Highways<\/span> or the public road authority may agree with the railroad company<\/span> involved as to the division of the cost of the future maintenance of any such device or devices. The basis for the division of costs shall be determined by the Department of Rail and Public Transportation utilizing the calculated average maintenance cost of all previous warning device maintenance performed and documented by all railroads<\/span> operating in Virginia. In the event that the Commissioner or the public road authority and the railroad company<\/span> involved are unable to agree upon the share of the cost of maintenance of any such device or devices to be borne by the railroad company<\/span>, if any, then such railroad company<\/span> may file a petition<\/span> with the State Corporation<\/span> Commission<\/span> setting forth the crossing protection provided at such crossing, the terms of the contract<\/span> and\/or the conditions of the order<\/span> of said Commission<\/span> or the public road authority under which it was constructed and installed and the estimated future annual cost of maintaining the same. Copies of such petition<\/span> shall forthwith be served by the State Corporation<\/span> Commission<\/span> upon the Commissioner of Highways<\/span> or the public road authority who shall, within twenty days after service of such petition<\/span>, file an answer thereto setting out reasons for declining to participate in the future cost of maintaining such warning device or devices as requested by the railroad company<\/span>, and the Commission<\/span> shall thereupon 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 what share of the cost of the future maintenance of such warning device or devices, if any, shall be borne by the railroad company<\/span> and\/or the Commonwealth Transportation Board or the public road authority, having regard to the benefits, if any, accruing to such railroad company<\/span> from the continued maintenance of such protection of said public highway<\/span>, road or street grade crossing, and either dismiss the proceeding or enter an order<\/span> deciding and disposing of the matters therein submitted to its jurisdiction<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDING FOR FIXING COST OF MAINTAINING SUCH WARNING DEVICES AT PUBLIC GRADE\nCROSSINGS (\u00a7 56-406.2)\n\nWhenever any automatically operated gate, signal or other automatic crossing\nwarning device has been or may hereafter be installed at any highway, road or\nstreet grade crossing by any railroad company, the Commissioner of Highways or\nthe public road authority may agree with the railroad company involved as to the\ndivision of the cost of the future maintenance of any such device or devices.\nThe basis for the division of costs shall be determined by the Department of\nRail and Public Transportation utilizing the calculated average maintenance cost\nof all previous warning device maintenance performed and documented by all\nrailroads operating in Virginia. In the event that the Commissioner or the\npublic road authority and the railroad company involved are unable to agree upon\nthe share of the cost of maintenance of any such device or devices to be borne\nby the railroad company, if any, then such railroad company may file a petition\nwith the State Corporation Commission setting forth the crossing protection\nprovided at such crossing, the terms of the contract and\/or the conditions of\nthe order of said Commission or the public road authority under which it was\nconstructed and installed and the estimated future annual cost of maintaining\nthe same. Copies of such petition shall forthwith be served by the State\nCorporation Commission upon the Commissioner of Highways or the public road\nauthority who shall, within twenty days after service of such petition, file an\nanswer thereto setting out reasons for declining to participate in the future\ncost of maintaining such warning device or devices as requested by the railroad\ncompany, and the Commission shall thereupon hear and determine the matter as\nother matters are heard and determined by that body. The Commission shall\nconsider all the facts and circumstances surrounding the case and shall\ndetermine what share of the cost of the future maintenance of such warning\ndevice or devices, if any, shall be borne by the railroad company and\/or the\nCommonwealth Transportation Board or the public road authority, having regard to\nthe benefits, if any, accruing to such railroad company from the continued\nmaintenance of such protection of said public highway, road or street grade\ncrossing, and either dismiss the proceeding or enter an order deciding and\ndisposing of the matters therein submitted to its jurisdiction.\n\nHISTORY: 1956, c. 626; 1962, c. 528; 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"}}