[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR222.7]



[Page 263]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS

--Table of Contents

 

                            Subpart A_General

 

Sec. 222.7  What is this regulation's effect on State and local laws 

and ordinances?



    (a) Except as provided in paragraph (b) of this section, issuance of 

this part preempts any State law, rule, regulation, or order governing 

the sounding of the locomotive horn at public highway-rail grade 

crossings, in accordance with 49 U.S.C. 20106.

    (b) This part does not preempt any State law, rule, regulation, or 

order governing the sounding of the locomotive horn at any highway-rail 

grade crossing described in Sec. 222.3(c) of this part.

    (c) Except as provided in Sec. Sec. 222.25 and 222.27, this part 

does not preempt any State law, rule, regulation, or order governing the 

sounding of locomotive horns at private highway-rail grade crossings or 

pedestrian crossings.

    (d) Inclusion of SSMs and ASMs in this part or approved subsequent 

to issuance of this part does not constitute federal preemption of State 

law regarding whether those measures may be used for traffic control. 

Individual states may continue to determine whether specific SSMs or 

ASMs are appropriate traffic control measures for that State, consistent 

with Federal Highway Administration regulations and the MUTCD. However, 

except for the SSMs and ASMs implemented at highway-rail grade crossings 

described in Sec. 222.3(c) of this part, inclusion of SSMs and ASMs in 

this part does constitute federal preemption of State law concerning the 

sounding of the locomotive horn in relation to the use of those 

measures.

    (e) Issuance of this part does not constitute federal preemption of 

administrative procedures required under State law regarding the 

modification or installation of engineering improvements at highway-rail 

grade crossings.