Title 49: Transportation
PART 234—GRADE CROSSING SIGNAL SYSTEM SAFETY
Subpart A—General
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§ 234.3 Application.
This part applies to all railroads except:
(a) A railroad that exclusively operates freight trains only on track which is not part of the general railroad system of transportation;
(b) Rapid transit operations within an urban area that are not connected to the general railroad system of transportation; and
(c) A railroad that operates passenger trains only on track inside an installation that is insular; i.e., its operations are limited to a separate enclave in such a way that there is no reasonable expectation that the safety of the public—except a business guest, a licensee of the railroad or an affiliated entity, or a trespasser—would be affected by the operation. An operation will not be considered insular if one or more of the following exists on its line:
(1) A public highway-rail crossing that is in use;
(2) An at-grade rail crossing that is in use;
(3) A bridge over a public road or waters used for commercial navigation; or
(4) A common corridor with a railroad, i.e., its operations are within 30 feet of those of any railroad.
[74 FR 58561, Nov. 13, 2009]
