Everyone,

Would the FRA have jurisdiction for a 1 1/2" scale railroad if it crossed a public road? Would cross bucks be enough or would I have to put up crossing signals?

IF so, would I have to do a Form 4 on the boiler too?

I am interested in your thoughts on the matter.

JD Johnson, Morehead and North Fork Railroad Historian

The applicability of a regulation is defined in a section called, logically, enough, "applicability," which is published at the beginning of each reg as it appears in the Federal Register.

Part 230, the steam locomotive boiler regs, does not apply to track gauges less than 24".

Other regs may apply; you would have to consult the statements of applicabilty for each.

I think Erik's response is the right answer.

Our Museum crosses a public street. Since we're standard gauge, the same question arose many years ago, probably about the time FRA was formed. We submitted a letter to the FRA and they replied with an exemption for our demonstration railway at Lake Harriet.

Thanks!

Some of the regulations also mention that the F.R.A. can think that it doesn't always have to exercise jurisdiction now, but reserves the right to do so later. The F.R.A. can also grant exemptions from its regulations and jurisdiction, and there are rules for how to ask for such relief, if the F.R.A. doesn't grant it without being asked.
In addition to the F.R.A., there are also laws like the Safety Appliance Act, but they may also have exceptions to their applicability in some cases, possibly like yours!

Thank you all for your responses.


IF this proposed crossing is approved by the county, it will not be used in the hauling of passengers over it. IT will only be a siding to the shop where the train is to be stored.

How is the best way to apply with the FRA and or DOT for exemption?

JD Johnson, Morehead and North Fork Railroad Historian

You might begin with a phone call to the relevant field office to discuss your situation:

http://www.fra.dot.gov/us/content/373

I worked at a Std. gauge trolley museum that carried patrons across two public roads and the FRA, to my knowledge, never set foot on the property. The reason I heard is that we were insular.

James,

Mid-South live steamers in Columbia Tn cross a city/county road. I do not think 7.5 inch gauge track worries the FRA too much as I have never heard Live steam tracks mentioned by any FRA people that I have been in contact with. I have almost been hit by automobiles at crossings that are in peoples driveways, I don't know if I would want to cross a county road.