Crossing Highways

V.S.A. tit. 5, ch. 68, subch. 2

in effect

5 V.S.A. § 3566 Highway crossing railroad

3566. Highway crossing railroad When a highway is laid out after the laying out and constructing of a railroad, so as to cross such railroad, the highway may pass over, under, or cross the railroad and shall be so built as not to obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application of the parties owning or operating the railroad, the Board, upon notice and hearing, shall determine whether such crossing ought to be at grade. If the Board determines that the crossing ought not to be at grade, it shall be constructed over or under the railroad. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 32, eff. April 25, 1995.

5 V.S.A. § 3567 Application to Transportation Board

3567. Application to Transportation Board The application to the Board, provided in section 3566 of this title, may be made at any time before the expiration of the time fixed in the order laying the highway for beginning work thereon. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 33, eff. April 25, 1995.

5 V.S.A. § 3568 Railroad crossing highway

3568. Railroad crossing highway A railroad may be so laid out as to cross a highway if the Board judges it necessary. The railroad may raise or lower the highway for the purpose of having its railroad pass over or under it. However, the railroad shall restore the highway as far as practicable and so as not to impair its usefulness. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 34, eff. April 25, 1995.

5 V.S.A. § 3569 Highway changed; notice; hearing

3569. Highway changed; notice; hearing When a highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, the railroad corporation, with the consent of the Board, may cause such highway to be changed so that such railroad may be constructed on the best site for that purpose. However, such corporation shall put such highway as near as practicable in as good a situation and repair as it was previous to such alteration, under the direction of the Board. Such construction or alteration shall not be made without notice to all parties interested and a hearing before the Board. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

5 V.S.A. § 3570 Crossing; repairs at town highways

3570. Crossing; repairs at town highways When a railroad corporation has constructed a railroad across a town highway by passing upon, over, or under the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, bridges, culverts, crossings, and other constructions made for the accommodation, safety, and convenience of the public travel on the highway, over or upon the railroad. Amended 1969, No. 76, § 1; 1995, No. 60, § 35, eff. April 25, 1995.

5 V.S.A. § 3571 State highways

3571. State highways (a) When a railroad corporation has constructed a railroad across a State highway by passing upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, culverts, crossings, and other constructions except bridges made for the accommodation, safety, and convenience of the public travel on the highway upon the railroad. (b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of existing crossings required as a result of the building of said extensions, when required for the accommodation, safety, and convenience of the public travel, or for any reason except the accommodation of the railroad, shall be done by the railroad corporation at State expense. Added 1969, No. 76, § 2.

5 V.S.A. § 3572 Highway bridges on State highways

3572. Highway bridges on State highways (a) When it next becomes necessary to rebuild or reconstruct, in whole or in part, any existing bridge on a State highway that carries a public highway over railroad tracks, the State shall rebuild the bridge and pay one-half the cost thereof and the railroad corporation whose track travels under the bridge shall pay one-half the cost thereof; thereafter the State shall maintain, rebuild, and repair the bridge at its expense. If the rebuilding or reconstruction is made at the request of and for the benefit of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and reconstruction or rebuilding, in whole or in part, required on bridges that were reconstructed or rebuilt in whole or in part for existing legal loads for State highways, subsequent to January 1, 1963, shall be made by the State at its expense. (b) Construction of new bridges carrying public highways over railroad tracks and rebuilding and reconstruction of existing bridges, when made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the State at its expense, except that to the extent any additions or improvements are made at the request of and for the benefit of the railroad, the added cost shall be paid by the railroad. Added 1969, No. 76, § 3.

5 V.S.A. § 3573 Railroad bridges; repairs and construction

3573. Railroad bridges; repairs and construction When a railroad corporation has constructed a railroad across a public highway by passing over the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild when necessary its bridges and abutments; however, construction of new bridges and abutments and rebuilding and reconstruction of existing bridges and abutments made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic shall be made by the railroad at State expense. Added 1969, No. 76, § 4.

5 V.S.A. § 3574 Expense; apportionment; State, municipality, and railroad

3574. Expense; apportionment; State, municipality, and railroad When made necessary by reason of highway improvement incident to increased load or speed of motor vehicular traffic, upon petition of the railroad corporation owning or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation, to the Transportation Board, after hearing and due notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned between the State, the municipality with its consent, and the railroad in such proportion as the Board finds just and equitable. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76, § 5; 1993, No. 172 (Adj. Sess.), § 52.

5 V.S.A. § 3575 Maintenance of roadbed through an underpass

3575. Maintenance of roadbed through an underpass The maintenance of the roadbed of the highway through an underpass shall be borne by the State, in the case of a State highway, or municipality, in the case of a town highway, or both, unless, upon petition, the Board shall order otherwise. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 6, § 29, eff. July 1, 2023.

5 V.S.A. § 3576 Expense; State highways

3576. Expense; State highways When a highway is controlled and maintained by the State, the expense shall be borne by the State. Amended 1969, No. 76, § 6.

5 V.S.A. § 3577 Liability; railroad

3577. Liability; railroad A railroad corporation constructing a railroad across a highway shall be liable to the town, within whose limits the crossings are, for damages occasioned to that town by reason of the corporation not complying with the provisions of sections 3570 and 3574 of this title. The liability shall extend to expenses incurred by the town in connection with actions against the corporation by reason of the noncompliance. Amended 1969, No. 76, § 7.

5 V.S.A. § 3578 Release of corporation from liability

3578. Release of corporation from liability The liability of the corporation shall continue although the railroad has been abandoned, unless the town’s selectboard members consent in writing that the corporation be released from liability, or unless the corporation or its assigns restore the crossing to its original state of usefulness and permanency. The written consent shall be recorded in the record of deeds in the town clerk’s office by the selectboard members. Amended 2021, No. 105 (Adj. Sess.), § 33, eff. July 1, 2022.

5 V.S.A. § 3579 Towns may require repairs

3579. Towns may require repairs When the selectboard of a town in which such crossing is located is of the opinion that such bridge, culvert, crossing, or construction requires repairing or rebuilding in order to be safe for travel thereon, the selectboard may notify the corporation required by this chapter to repair or rebuild the same by leaving a written notice to that effect with the president, superintendent of such road, or the clerk of such corporation. When such corporation does not repair or rebuild the same within one month after such notice, the town may apply by petition to the Transportation Board to be heard thereon. Upon due notice and hearing, the Board may order and compel such repairs or rebuilding to be made as are necessary for the safety of the traveling public. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53.

5 V.S.A. § 3580 Contract between town and company not affected

3580. Contract between town and company not affected Nothing in sections 3570-3579 of this title shall interfere with an express contract made by a railroad corporation and a town relative to keeping in repair or rebuilding any such bridge, culvert, crossing, or other construction.

5 V.S.A. § 3581 Warning devices and signs at grade crossings; exemption from stopping

3581. Warning devices and signs at grade crossings; exemption from stopping (a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended from time to time, at every public highway where the same is crossed by its railroad at grade. (b) The Transportation Board, upon recommendation of the Agency of Transportation and after notice to the railroad and the person having control of the highway and an opportunity to be heard, may designate certain crossings as “exempt” and may impose such conditions as the interests of safety and the public good dictate. However, a flagperson shall be stationed at every crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 days after such an order, the railroad in the case of warning devices, and the person having control of the highway in the case of advance warning signs, shall affix “exempt” signs in accordance with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign. (c) At the request of the Agency of Transportation, the railroad, or the person having control of the highway, and after notice and an opportunity to be heard, the Transportation Board may rescind an “exempt” crossing designation. The railroad and the person having control of the highway shall remove the “exempt” signs as directed by the Transportation Board. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 153, § 1; 1971, No. 258 (Adj. Sess.), § 12, eff. March 1, 1973; 1985, No. 268 (Adj. Sess.), § 2; 1991, No. 49, § 1, eff. June 4, 1991; 1993, No. 172 (Adj. Sess.), § 53a; 2023, No. 6, § 30, eff. July 1, 2023.

5 V.S.A. § 3582 Crossings; use of audible warning device

3582. Crossings; use of audible warning device (a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train’s approach and shall be kept sounding until the train has crossed the highway. (b) [Repealed.] (c) [Repealed.] (d) A railroad operating a train over a crossing at which the Federal Railroad Administration has approved establishment of a quiet zone under 49 C.F.R. Part 222 shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing. (e) Nothing in this section shall prohibit a railroad’s use of an audible warning device in emergency circumstances. (f) A municipality in which a crossing is located shall not, on the basis of the railroad’s omission to sound an audible warning device because of a quiet zone established under 49 C.F.R. Part 222, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5; 2023, No. 6, § 31, eff. July 1, 2023.

5 V.S.A. § 3583 Penalty

3583. Penalty When a person or corporation owning or operating a railroad unreasonably neglects or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.

5 V.S.A. § 3584 Gates; electric signals; flaggers

3584. Gates; electric signals; flaggers When requested in writing by three or more freeholders or registered voters or residents of a city or village to order a gate or electric signal to be erected, or a flagger to be stationed at any railroad crossing at grade within such city or village, or when so requested by three or more freeholders or registered voters or residents of a town to order an electric signal to be erected at any railroad crossing at grade within that town, or, acting on its own initiative, the Transportation Board shall visit that place, first giving the parties making the request, the Secretary of Transportation, and the railroad corporation notice thereof. If the public safety requires, the Board shall order the corporation operating the railroad to do any act at that place needful for the protection of the public and may make any other order or further order it deems necessary in the premises, including an order, after hearing and due notice to the parties in interest, directing the State, the municipality, and the railroad to pay all or part of the costs as the Board finds just and equitable. The Board shall not make further order without first visiting the place and giving the railroad corporation, the Secretary of Transportation, and the parties making request an opportunity to be heard thereon. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 3, eff. Aug. 1, 1961; 1969, No. 76, § 8; 1971, No. 253 (Adj. Sess.), § 9, eff. April 7, 1972; 1993, No. 172 (Adj. Sess.), § 54.

5 V.S.A. § 3585 Procedure for payment of State’s portion of cost

3585. Procedure for payment of State’s portion of cost In making an order under section 3584 of this title, the Transportation Board shall require the submission of an itemized statement of the cost incurred by the State agency, municipality, corporation, or person responsible for compliance with the order with an affidavit of an appropriate officer or person that the costs shown on the statement were incurred and are reasonable to the best of the officer’s or person’s knowledge and belief. Upon approval by the Board of the statement and its certification to the Commissioner of Finance and Management, the State Treasurer shall issue a warrant to pay the State’s portion of the cost in accordance with the order of the Board. Added 1966, No. 4 (Sp. Sess.), eff. Feb. 17, 1966; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 172 (Adj. Sess.), § 55.

5 V.S.A. § 3586 Obstructing crossings; penalty

3586. Obstructing crossings; penalty A person, corporation, or the agents or employees thereof, owning or operating a railroad, who willfully or negligently obstruct a public highway or farm crossing with engines, tenders, or cars, shall be fined not more than $20.00 nor less than $5.00.

5 V.S.A. § 3587 Obstructing crossing more than five minutes; penalty; exemption

3587. Obstructing crossing more than five minutes; penalty; exemption (a) When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time. A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00. (b) The provisions of this section shall not apply to: (1) any grade crossings now existing or subsequently established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and (2) the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12). Amended 1993, No. 211 (Adj. Sess.), § 22, eff. June 17, 1994; 2005, No. 175 (Adj. Sess.), § 19; 2021, No. 105 (Adj. Sess.), § 34, eff. July 1, 2022.

5 V.S.A. § 3588 Nuisance on highway; penalty

3588. Nuisance on highway; penalty A person or corporation owning or operating a railroad or the agents or employees thereof, shall not allow a handcar or other nuisance to be left on the railroad track or at the side of such track within the bounds of a highway crossed by such railroad. An agent or employee of a railroad corporation who violates the provisions of this section shall be fined not more than $20.00 nor less than $5.00.

5 V.S.A. § 3589 Liability for neglect

3589. Liability for neglect A person or corporation that violates the provisions of section 3588 of this title shall be liable for all injuries and damages occasioned by reason of a horse or team becoming frightened thereby, to be recovered in an action on this statute, brought by the party injured or damaged.

5 V.S.A. § 3590 Obstructing sight of cars at crossing; penalty

3590. Obstructing sight of cars at crossing; penalty A person who leaves wood, lumber, or other material on the line of a railroad or highway, at or near the crossing of a highway, so as to prevent or obstruct the sight of cars when approaching the crossing, shall be fined not more than $50.00 nor less than $5.00.

5 V.S.A. § 3591 Nonremoval after notice; penalty

3591. Nonremoval after notice; penalty A person who does not remove such obstruction after notice from one or more of the selectboard members or from a police officer of the town in which the crossing is situated shall be fined not more than $50.00 nor less than $5.00 for every 24 hours such obstruction remains thereafter.

5 V.S.A. § 3592 Agency approval

3592. Agency approval Notwithstanding the provisions of this chapter allocating certain costs to the State or permitting the Transportation Board to make such allocations, no claim for reimbursement of the State’s share of any work may be asserted against the State unless the Secretary of Transportation, prior to commencement of the work for which reimbursement is sought, certified in writing that appropriated funds were available to pay the State’s share. Added 1989, No. 246 (Adj. Sess.), § 26.

5 V.S.A. § 3593 Partial reimbursement of crossing maintenance costs; crossing surfaces

3593. Partial reimbursement of crossing maintenance costs; crossing surfaces (a) Definitions. As used in this section: (1) “Public rail-highway crossings” means at-grade crossings determined by the Agency to be active public crossings. Public crossings shall not include crossings on railroad lines that have been abandoned or embargoed. (2) “Active warning devices” means flashing lights, signals, automatic gates, or manually operated gates. (b) Reimbursement. To the extent funds are appropriated for this purpose by the General Assembly, the Agency shall reimburse railroads up to $2,000.00 annually for the maintenance of each public rail-highway crossing equipped with flashing light signals and $2,500.00 annually for the maintenance of each crossing equipped with automatic or manually-operated gates. Any reimbursement under this subsection shall be reduced by any amount that a municipality or some other third party is separately required to contribute to the railroad’s cost of maintaining active warning devices at a public rail-highway crossing, whether because of some contractual obligation or because of a regulatory order entered by the Transportation Board or one of its predecessor agencies. (c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent on the railroad’s performing inspection and maintenance of active warning devices in accordance with regulations promulgated by the Federal Railroad Administration. (d) Maintenance of crossing surface. The Agency shall be responsible for maintenance, repair, replacement, and installation of highway surfaces at public rail-highway crossings. (e) Quiet zones; special agreements. Notwithstanding this section, the Agency may enter into special agreements to reimburse a railroad for inspecting and maintaining signals and related equipment at crossings that have been specially designated as “quiet zones” pursuant to section 3582 of this title. (f) Rulemaking. The Secretary may adopt rules to implement this program. Added 1999, No. 18, § 8, eff. May 13, 1999; amended 2021, No. 105 (Adj. Sess.), § 35, eff. July 1, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/05/068Fetched: 10/21/2026