N.M. Admin. Code § 18.14.4.11 - ADDITIONAL REQUIREMENTS FOR PRIVATE CROSSINGS OF DEPARTMENT OWNED RAILROAD PROPERTY
A. All
liability at a private crossing will lie with the second party named in any
existing or future crossing agreement. The department will bear no liability
for these crossings.
B. The
liability for the use and the responsibility for funding the inspection,
maintenance and improvement of a private crossing shall be the responsibility
of the second party, as the owner of the road that crosses the department owned
railroad property.
C. If the
department can not locate or acquire a valid agreement that has been issued to
allow a private crossing of the department owned railroad property, and the
department is unable to execute an agreement with an applicant for the
crossing, the department shall initiate a process to consider closing the
crossing utilizing the procedures included in
18.14.4.13 NMAC.
D. The department shall have the right to
terminate an agreement in the event that the department determines any of the
following:
(1) the crossing is being used for
a purpose or in a manner not set forth in the agreement; or
(2) there is a significant change in the
volume or nature of road traffic at the crossing; or
(3) the second party has in any way breached
the terms or conditions of any applicable agreement.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.