Applicability

(1) Construction or Conversion of Crossings After July 1, 2001. After July 1, 2001, there shall be no construction of any public crossing, and no conversion of a private crossing to a public crossing, anywhere within the State of Tennessee without the prior review and approval of the Department as provided in these Rules. In addition, no such crossing shall be opened to vehicular traffic until it has been inspected by the Department to assure that it has been constructed or converted in accordance with the plans previously approved by the Department. In those cases where the construction or conversion of a crossing occurs at or on an existing public or private roadway, the crossing shall not be opened to vehicular traffic prior to the Department’s final inspection of the construction or conversion, except in accordance with a temporary traffic control plan approved by the Department under these Rules. (2) Scope of Review and Approval. The Department’s approval authority under these Rules is limited to the review and approval of plans for the construction of public crossings, or the conversion of private crossings, and the inspection of such crossings before they are opened to traffic. Apart from its responsibility under these Rules to approve the plans and to inspect the completed construction or conversion, the Department does not have any other authority to permit or require the construction or conversion of grade crossings on roads not designated as being on the state highway system. The decision to construct a public crossing, or to convert a private crossing to a public crossing, on any road not included in the state highway system shall remain with the governmental entity, person and/or railroad having jurisdiction over the road or crossing. (3) No Retroactive Effect. RAILROAD GRADE CROSSING STANDARDS CHAPTER 1680-9-1 These Rules shall not apply to any grade crossing constructed prior to July 1, 2001, except insofar as the standards established in these Rules may provide the pertinent governmental authority, person or railroad with guidance in evaluating such grade crossings for possible closure.