CHAPTER 226

An Act to amend and reenact § 56-405, as amended, of the Code of
Virginia, relating to the maintenance and repair of railroad grade

crossings.
[H 558]
Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 56-405, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 56-405. At every crossing, now existing or hereafter established,
of a public road by a railroad or of a railroad by a public road at grade, it
shall be the duty of the railroad company to keep such crossing in good
repair to the full width of the public road, and to maintain such crossing
in a smooth condition so as to admit of safe travel over the same, and it
shall also be the duty of the railroad company to maintain and keep in
good repair that portion of the highway located between points two feet
on either side of the extreme rails. Any railroad company violating the
provisions of this section shall be deemed guilty of a misdemeanor, and
upon conviction, shall be fined not less than ten dollars nor more than two
hundred dollars.

The State Highway Commissioner whenever he shall ascertain that
any such crossing is not being properly maintained shall notify the rail-
road company involved in writing to repair the crossing forthwith; the
railroad company upon receipt of notice may request a conference on the
condition of the crossing and the need, if any, for the repair of such
crossing and such conference shall be held within thirty days after receipt
of the Commissioner’s notice. After the conference if the Commissioner
1s of the opinion that such repairs are required and the railroad is not
willing to proceed promptly with such repairs, he may repair the same or
cause it to be repaired and recover from the railroad company the actual
cost of such work including any administration and engineering cost.

If no conference is requested by the railroad company within the
thirty-day period, the Commissioner may repair the crossing or cause it
to be repaired and recover from the railroad company the actual cost of
such work including any administration and engineering cost.

In any action under this section to recover the cost of the repair of
any such crossing, the need for, and reasonableness of, the repairs may be
put in issue.
Nothing herein shall be construed as placing a duty on the railroad
company to construct or reconstruct any such crossing in the event any
such crossing is relocated or the highway approaches thereto are widened
or reconstructed.