Grade Crossings Regulations

Marginal note:Application

• 2 (1) These Regulations apply in respect of public grade crossings and private grade crossings.

• Marginal note:Railway company

  (2) Despite subsection (1), these Regulations do not apply in respect of a private grade crossing if the road is opened or maintained by a railway company that is the sole private authority at the grade crossing.

• Marginal note:Non-application

  (3) Despite subsection (1), sections 19 to 96 do not apply in respect of the following grade crossings:

  • (a) a public grade crossing where

    • (i) the average annual daily railway movements is less than three,

    • (ii) the railway design speed is 17 km/h (10 mph) or less,

    • (iii) it does not cross more than one track,

    • (iv) the storage distance is 30 m or more, except if, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles,

    • (v) whistling is required or permitted when railway equipment is approaching the grade crossing, and

    • (vi) the cross-product is less than 2 000;

  • (b) a private grade crossing where

    • (i) the railway design speed is 17 km/h (10 mph) or less,

    • (ii) it does not cross more than two tracks, and

    • (iii) the cross-product is less than 100;

  • (c) a private grade crossing where

    • (i) the railway design speed for freight trains is 41 km/h (25 mph) or less,

    • (ii) the railway design speed for passenger trains is 49 km/h (30 mph) or less,

    • (iii) it does not cross more than one track,

    • (iv) the storage distance is 30 m or more, except if, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles,

    • (v) the cross-product is less than 100, and

    • (vi) there is no sidewalk; and

  • (d) a grade crossing where the average annual daily railway movements is zero.