§ 49-11-06 — Railroad crossings - Construction and maintenance

North Dakota § 49-11-06

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-11: Railroad Bridges, Crossings, Intersections, and Fences

Text

1. A public highway-railroad crossing at grade shall be constructed of a grade of earth on
one or both sides of the railroad track, as the location may require, for the entire width
of the highway grade but in no case less than twenty feet [6.10 meters] in width, the
middle point of which shall be as nearly as practicable at the middle point of the
highway and such grade shall be of such slope as shall be necessary for the safety
and convenience of the traveling public.
2. Firmly fastened planks, concrete, asphalt, or other suitable material for highway
construction shall be used on and for the full length of the ties used in the roadbed of
such railway where such crossing occurs. The highway material next inside of the rail
shall not be more than two and one-half inches [6.35 centimeters] from the inside
surface of such rail. The highway material used in the crossing shall not be less than

three inches [7.62 centimeters] in thickness, and shall be laid so that the upper surface
of the highway material shall be on a level with the upper surface of the rail.
3. At such time as tracks through a railroad crossing are raised or otherwise altered by
the railroad, the railroad shall, unless otherwise ordered by the commission, adjust and
restore the crossing and the highway approaches, surfaces, and grades as shall be
necessary for the safety and convenience of the traveling public. At such time as a
public highway at a railroad crossing is altered by the road authority, the road authority
at its expense shall adjust and restore the crossing and the highway approaches,
surfaces, and grades as shall be necessary for the safety and convenience of the
traveling public.
4. It shall be the duty of the railroad to maintain all railroad crossings in a safe and
convenient condition for the traveling public. Such responsibility for maintenance shall
be limited to that portion of the crossing lying between the tracks and for two feet [.61
meters] beyond the ends of the crossties on each side of the crossing.