CHAPTER 341

FORMERLY

SENATE BILL NO. 242

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 7, TITLE 17, DELAWARE CODE RELATING TO RAILROAD CROSSINGS OVER HIGHWAYS.

WHEREAS, there presently exists many inadequate and unsafe railroad crossings throughout the State of Delaware; and

WHEREAS, many of these crossings exist on lines other than main lines; and

WHEREAS, existing law provides an exception to the necessity of grade separated crossings for railroad spurs and sidings but not branch lines; and

WHEREAS, railroad service cutbacks, since the Conrail takeover of responsibility, have resulted in fewer runs on many branch lines; and

WHEREAS, the expenditure of funds for grade separation for the crossing of a branch line and highway each carrying low volume of traffic, in light of current fiscal pressures, is not always in the interests of the public; and

WHEREAS, it is often more beneficial to adjacent property owners, the traveling public and the State of Delaware to relocate many of the existing crossings from their present locations at grade rather than via a grade separation due to many factors.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 5703 (a) of Chapter 7, Title 17, Delaware Code by striking the language in the second sentence of paragraph (a) beginning with the word "but" and ending with the word "traffic" and further striking the third sentence of said paragraph (a) in its entirety and inserting in lieu thereof the following:

"provided, however, state highways may cross spurs, sidings and branchlines of any railroad or railway at grade if approval is first obtained from the Secretary of the Department of Transportation to whom reasons and supporting data for requesting at grade crossing shall be furnished. All at grade crossings so approved shall be furnished with crossing protection, required by applicable Federal, state and local regulations".

Approved July 8, 1980