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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Thursday, September 26, 2013

Joint Rule Requires Truck Clearance At Grade Crossings

The USDOT's Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) have jointly issued a final rule that prohibits truck drivers carrying certain hazardous materials "from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping." The rule was published yesterday, and takes effect on October 25, 2013.

The intent of the rule is of course to reduce highway-rail grade crossing crashes, and amends 49 CFR parts 177 and 392, specifically a revision to 49 CFR 177.804, and the creation of 49 CFR 392.12.

The new requirements apply to vehicles transporting a quantify of hazardous materials requiring placarding under 49 CFR 172, or any amount of a material listed as a toxin under 42 CFR 73.

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