Ohio § 4907.471
Full text of Ohio Ohio Revised Code § 4907.471, with citation guidance and answers to common questions.
§ 4907.471.
(A) The public utilities commission shall survey all public crossings of railroads at
grade, whether on state, county, or township highways or on streets or ways within
municipal corporations. The commission shall devise a formula according to sound highway engineering practice
for determining the probability of accident at each such crossing and may include
in the formula factors representing volume of vehicular traffic, volume of train traffic,
history of previous accidents, train type and speed, limitations of view, intersection
angle, number of tracks, highway alignment, and such other special factors and conditions
as are in its opinion relevant. The commission shall submit the formula to the director of transportation, who shall
review it to ensure that it is consistent with applicable federal requirements. The commission shall classify all such public crossings according to that formula
and shall prepare a priority list for the protection of such crossings, giving highest
priority to the crossings at which the commission finds the highest probability of
accident, and lowest priority to the ones at which it finds the least probability
of accident, provided that for the purposes of this section the commission shall place
first on the list any crossing that meets all of the following criteria: (1) The crossing is at a section of railroad track that is being reactivated on or after
May 1, 1990, and that has not been used for at least three years prior to the reactivation
as determined by the commission; (2) The territory abutting the railroad's right-of-way for a distance of three hundred
feet or more has been improved with residences during the period of time the track
was not being used; (3) The commission has designated the crossing as dangerous and hazardous under division
(A) of this section. The priority list shall be for the use of the commission in carrying out this section
and sections 4907.47 , 4907.474 , and 4907.475 of the Revised Code and shall not be admissible in evidence in any action to recover damages for negligence
arising out of the use of such grade crossings. The list shall be made available to the department of transportation for use in
carrying out sections 4511.61 and 4955.33 of the Revised Code . The survey shall be continuous, and after the original list is prepared, the commission
may change the respective priority ratings as it may from time to time determine. When new crossings at grade are opened, the commission shall survey them and place
them on the priority list at such places as in its opinion the probability of accident
at those crossings warrants. The commission may, pursuant to the priority ratings established as provided in this
section, designate as dangerous and hazardous any railroad highway grade crossing
it determines to be in need of additional protective devices. With respect to a high priority crossing so designated, the commission may negotiate
with the railroad concerned, and with the state agency or political subdivision having
jurisdiction over the crossing, an agreement providing for the installation at the
crossing of appropriate luminous reflecting warning signs, luminous flashing signals,
crossing gates illuminated at night, or other protective devices. The number, type, and location of the signs, signals, gates, or other protective
devices, which shall conform with generally recognized national standards, shall be
determined by agreement among the commission, the railroad concerned, and the state
agency or political subdivision. The assignment of any part or all of the cost of the installation and subsequent
maintenance of such signs, signals, gates, or other protective devices to the railroad
and to the state or the political subdivisions shall be by the commission in any proportion
it determines proper that is consistent with any applicable federal requirements,
after giving due consideration to the factors listed in division (C) of this section. (B) In cases where the railroad does not agree that the installation of additional protective
devices is necessary, or where no agreement can be reached with the railroad as to
the number, type, or location of such devices or the proportion of cost to be assigned
to the railroad, the commission shall hold a public hearing as to the necessity for
installing additional protective devices at the crossing at issue. Written notice of the hearing shall be given to the railroad at least thirty days
in advance of the hearing, and notice of the hearing shall be published once a week
for three consecutive weeks in a newspaper of general circulation in the county in
which the crossing at issue is located. If, after the hearing, it is the opinion of the commission that the public safety
requires additional protective devices to be erected and maintained at the crossing,
the commission shall give the superintendent, manager, or other officer in charge
of the railroad a written order of the protective devices required and the date by
which any action shall be completed, and shall assign to the parties the cost of installing
and maintaining the protective devices in any proportion it determines proper that
is consistent with any applicable federal requirements, after giving due consideration
to the factors listed in division (C) of this section. (C) In assigning the cost of additional protective devices, the commission shall consider
factors of volume of vehicular traffic, volume of train traffic, train type and speed,
limitations of view and the causes thereof, savings, if any, which will inure to the
railroad as the result of the installation, benefits to the public resulting from
the reduction of hazard at the crossing, the probable cost of the installation, the
future cost to the railroad of maintaining the devices, and any other special factors
and conditions that the commission considers relevant. The commission may accept a railroad's agreement to maintain the additional protective
devices as being its share of the cost for the protection. If any part of the cost of installation is assigned by the commission to the state
agency or political subdivision having jurisdiction over the crossing, that cost may
be paid from any funds levied and made available for highway or street purposes, provided
that funds from the grade crossing protection fund created by section 4907.472 of the Revised Code may be used to pay the public's share of the cost. After the commission has issued an appropriate order requiring that additional protective
devices be installed by a specific date, which shall be a reasonable time from the
date of the order, the railroad concerned shall erect or install the additional protective
devices within the time prescribed by the order. If the additional protective devices are not erected or installed within that time,
the commission may reduce or eliminate the amount of any funds in the grade crossing
protection fund obligated to pay the public's share of the costs relating to the erection,
installation, and maintenance of the additional protective devices and, consistent
with any applicable federal requirements, may assign to the railroad concerned any
amount, up to one hundred per cent, of the total amount of the costs of erecting,
installing, and maintaining the additional protective devices.
Frequently Asked Questions About Ohio § 4907.471
What does Ohio Revised Code § 4907.471 cover?
Section 4907.471 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4907.471?
A common citation format is "Ohio Revised Code § 4907.471" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4907.471 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.