As used in this part 3, unless the context otherwise
requires:
(1) Accident has the meaning set forth in 49 CFR 225.5.
(2) Class I railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1).
(3) Class II railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1).
(4) Class III railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1).
(5) Community rail safety advisory committee means the community rail
safety advisory committee created in section 40-20-312.
(5.5) Corrective action means an activity conducted to ensure that a
railroad track, a car, a locomotive, crossing equipment, signal equipment, or other
facility of a railroad is in good condition and that a train runs safely and smoothly.
(6) Defect includes, but is not limited to, hot wheel bearings, hot wheels,
deficient bearings detected through acoustic means, dragging of equipment,
excessive height, excessive weight, a shifted load, a loose hose, improper rail
temperature, or a deficient wheel condition.
(7) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(8) Dragging equipment detector means an electronic device or other
technology that monitors a passing train to actively detect and alert operators of
the train of the existence of any objects dragging from the train.
(8.5) Environmentally critical area means an area or feature that is of
significant ecological value, including a:
(a) Stream corridor;
(b) Headwater;
(c) Wetland;
(d) Federal, state, or locally designated public land or natural area site;
(e) Natural heritage priority site;
(f) Habitat of endangered or threatened species;
(g) Large area of a contiguous open space or forest;
(h) Steep slope;
(i) Geological heritage site; or
(j) Groundwater recharge area.
(9) Repealed.
(10) Hazardous material has the meaning set forth in 49 CFR 171.8.
(11) Highway-rail crossing means:
(a) The point at which any public highway is or will be constructed across the
tracks or other facilities of a railroad at, above, or below grade;
(b) The point at which the tracks or other facilities of a railroad are or may be
constructed across any public highway at, above, or below grade;
(c) The point at which any public pathway is or will be constructed across
private tracks on which any railroad may operate at, above, or below grade; or
(d) The point at which private tracks over which any railroad may operate are
or will be constructed across any public pathway at, above, or below grade.
(12) Hot bearings detector means an infrared detector located along
railroad tracks to detect and alert the operators of a passing train to any
overheating of a train's bearings, axles, or wheels.
(13) Incident has the meaning set forth in 49 CFR 225.5.
(14) Main line means a segment or route of railroad tracks of any railroad
over which five million or more gross tons of railroad traffic is transported annually
as documented in timetables filed with the federal railroad administration pursuant
to 49 CFR 217.7. Main line does not include tourist, scenic, historic, or excursion
operations as defined in 49 CFR 238.5.
(15) Passenger rail system has the meaning set forth in section 32-22-102
(9).
(16) Pathway crossing means:
(a) The point at which any public pathway is or will be constructed across the
tracks or other facilities of a railroad at, above, or below grade;
(b) The point at which any tracks or other facilities of a railroad are or will be
constructed across any public pathway at, above, or below grade;
(c) The point at which any public pathway is or will be constructed across
private tracks over which any railroad may operate at, above, or below grade; or
(d) The point at which private tracks over which any railroad may operate are
or will be constructed across any public pathway at, above, or below grade.
(17) Public crossing means a highway-rail crossing or pathway crossing
where the highway or pathway on both sides of the crossing is under the jurisdiction
of or is maintained by a state or local road authority and is open to public travel.
(18) Public utilities commission or commission means the public utilities
commission created in section 40-2-101.
(19) Rail industry safety advisory committee means the rail industry safety
advisory committee created in section 40-20-313.
(20) Railroad means a person providing railroad transportation.
(21) Railroad transportation means any form of nonhighway ground
transportation that runs on rails or electromagnetic guideways. Railroad
transportation does not include rapid transit operations, public transportation, rail
fixed guideway operations, or commuter passenger rail that:
(a) Is in an urban or a suburban area; and
(b) Is not connected to a general or an interstate railroad system.
(22) Siding has the meaning set forth in 49 CFR 218.93.
(23) Train means a locomotive unit or locomotive units, with or without
cars, that require an air brake test pursuant to 49 CFR 232 and 49 CFR 238.
(23.5) Vulnerable environmental corridor means a continuous system of
open space that serves as a key linkage point for habitat and species, including
wildlife or ecological corridors.
(24) Wayside detector means an electronic device or a series of connected
devices that monitors a passing train to determine whether the train has a defect,
including a hot bearings detector and a dragging equipment detector.