MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representative Compretta (By Request)

AN ACT TO REQUIRE COUNTIES, MUNICIPALITIES AND OTHER PUBLIC ENTITIES DESIRING A NEW PUBLIC RAILROAD GRADE CROSSING TO BE RESPONSIBLE FOR INSTALLING THE APPROPRIATE SIGNALS AT SUCH CROSSING; TO PROVIDE THAT WHEN A PRIVATE RAILROAD GRADE CROSSING COMES UNDER THE JURISDICTION OF A PUBLIC ENTITY, THE PUBLIC ENTITY SHALL BE RESPONSIBLE FOR INSTALLING THE APPROPRIATE SIGNALS BEFORE OPENING THE CROSSING TO THE PUBLIC; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any county, municipality or other public entity desiring a new public railroad grade crossing shall be responsible for installing any automatic electrical or mechanical signal devices or crossing gates deemed necessary for such crossing by the second edition of the Railroad-Highway Grade Crossing Handbook.

(2) When a private railroad grade crossing comes under the jurisdiction of a public entity and the crossing is maintained by such public entity, the private railroad grade crossing shall be designated as a public railroad grade crossing and the public entity that has jurisdiction over such crossing shall be responsible for installing any automatic electrical or mechanical signal devices or crossing gates that are deemed necessary for such crossing by the second edition of the Railroad-Highway Grade Crossing Handbook before opening such crossing to the public. As used in this section, the term "private railroad grade crossing" means any private road or street that crosses a railroad that is not under the jurisdiction of a public entity and that is allowed by a railroad company to cross a railroad.

SECTION 2. The provisions of Section 1 of this act shall be codified in Chapter 9 of Title 77, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.