“Highway-Rail Grade Crossing; Safe Clearance”
Final Rule. September 25, 2013.
This is a major development in an area of much safety concern over accidents and also a much-litigated matter in tort cases.
The background here is detailed and complex.
Among other implications: The PHMSA and FMCSA standard set forth here will likely be incorporated into negligence standard of care instructions to juries and to judges as finders of fact under a “negligence per se” theory.