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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>370365</law_id><section_number>56-406.2</section_number><catch_line>Proceeding for fixing cost of maintaining such warning devices at public grade crossings</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><referred_to_by><reference>56-406.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="121" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="27" identifier="13">Railroad Corporations</unit><unit label="article" level="3" order_by="6" identifier="6">Highway Crossings</unit></structure><text>
						<section><p>Whenever any automatically operated gate, signal or other automatic crossing warning device has been or may hereafter be installed at any <span class="dictionary">highway</span>, road or street grade crossing by any <span class="dictionary">railroad company</span>, the Commissioner of <span class="dictionary">Highways</span> or the public road authority may agree with the <span class="dictionary">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 <span class="dictionary">railroads</span> operating in Virginia. In the event that the Commissioner or the public road authority and the <span class="dictionary">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 <span class="dictionary">railroad company</span>, if any, then such <span class="dictionary">railroad company</span> may file a <span class="dictionary">petition</span> with the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> setting forth the crossing protection provided at such crossing, the terms of the <span class="dictionary">contract</span> and/or the conditions of the <span class="dictionary">order</span> of said <span class="dictionary">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 <span class="dictionary">petition</span> shall forthwith be served by the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> upon the Commissioner of <span class="dictionary">Highways</span> or the public road authority who shall, within twenty days after service of such <span class="dictionary">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 <span class="dictionary">railroad company</span>, and the <span class="dictionary">Commission</span> shall thereupon hear and determine the matter as other matters are heard and determined by that body. The <span class="dictionary">Commission</span> shall consider all the <span class="dictionary">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 <span class="dictionary">railroad company</span> and/or the Commonwealth Transportation Board or the public road authority, having regard to the benefits, if any, accruing to such <span class="dictionary">railroad company</span> from the continued maintenance of such protection of said public <span class="dictionary">highway</span>, road or street grade crossing, and either dismiss the proceeding or enter an <span class="dictionary">order</span> deciding and disposing of the matters therein submitted to its <span class="dictionary">jurisdiction</span>.</p></section></text><history>1956, c. 626; 1962, c. 528; 1996, cc. 114, 157.</history><metadata></metadata></law>
