Title 603 | Chapter 009 | Regulation 020

603 KAR 9:020.Automatic gates at public grade crossings.

Section 1.

Definition. "Public grade crossing" means as defined in KRS 177.010(4).

Section 2.

Qualifying Accident. In evaluating the public grade crossing accident reports, the Transportation Cabinet shall exclude the reports showing the following causes or circumstances associated with the highway vehicle/train collision which are not related to a warning device:


The highway vehicle was not performing a railroad/highway crossing maneuver at the time of the collision;


The driver of the highway vehicle made a willful decision to disregard the warning that a train was approaching and to place self at risk;


The driver of the highway vehicle was warned of the approach of the train but was unable to stop the highway vehicle because of excessive speed or adverse highway conditions;


The driver of the highway vehicle left the scene of the accident prior to the investigation;


The driver of the highway vehicle was stopped on the railroad tracks prior to the approach of a train because of traffic congestion on the highway;


The highway vehicle was struck by another vehicle and propelled into the crossing; or


The driver of the highway vehicle did not hold an operator's license of the type necessary for the operation of that highway vehicle; or


The driver of the highway vehicle was not in control of the vehicle due to external circumstances such as illness.

Section 3.

Abandoned Rail Line. If the rail line has been proposed for abandonment, the Transportation Cabinet shall not consider placement of automatic crossing gates unless the abandonment proposal is rejected.

HISTORY: (21 Ky.R. 2343; 2718; eff. 6-1-1995; Crt eff. 3-11-2019.)

7-Year Expiration: 3/11/2026

Last Updated: 12/15/2021

Page Generated: 8/19/2022, 12:42:07 PM