Colorado § 40-20-302 - Definitions.

§ 40-20-302. Definitions.

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(9) Repealed.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.

Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 747, § 1, effective July 1. L. 2025: (5.5), (8.5), and (23.5) added and (9) amended, (SB 25-162), ch. 420, p. 2371, § 2, effective June 4.

Editor's note: (1) For the amendments to subsection (9) in SB 25-162 in effect from June 4, 2025, to July 1, 2025, see chapter 420, Session Laws of Colorado 2025. (L. 2025, p. 2371.)

(2) Subsection (9)(b) provided for the repeal of subsection (9), effective July 1, 2025. (See L. 2025, p. 2371.)

Cross references: For the legislative declaration in SB 25-162, see section 1 of chapter 420, Session Laws of Colorado 2025.