12 2 STA T .487 2 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 (A)byinsert in g‘ ‘ w it h se c ti o n 2016 0or ’ ’ af ter ‘‘co mpl y’’ in the first sentence
an d ( B ) by inserting ‘‘section 20160 of this title or’’ after ‘‘ v iolating’’ in the second sentence . (2) S ection 21 3 01(a)(2) is amended by inserting ‘‘ T he Sec - retary shall impose a civil penalty for a violation of section 20160 of this title.’’ after the first sentence. SEC.205 . T E L E PHON EN UMB E R TO REPORT G R AD E CROSS I NG PROB - LEMS. (a) INGE NE RAL . — Section 201 5 2 is amended to read as follows
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‘ §2015 2 .Notif i ca tio n of gr a de cro s sing p ro bl e m s ‘‘(a) IN GENERAL.— N ot later than 1 8 months after the date of enactment of the R ail Safety Improvement Act of 2008 , the Secretary of Transportation shall re qu ire each railroad carrier to— ‘‘(1) establish and maintain a toll-free telephone service for rights-of-way over which it dispatches trains, to directly receive calls reporting— ‘‘(A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad trac k s on those rights-of-way and public or private roads; ‘‘(B) disabled vehicles blocking railroad tracks at such grade crossings; ‘‘( C ) obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train’s approach; or ‘‘( D ) other safety information involving such grade crossings; ‘‘(2) upon receiving a report pursuant to paragraph (1)(A) or (B), immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle; ‘‘(3) upon receiving a report pursuant to paragraph (1)(A) or (B), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having j urisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate; ‘‘( 4 ) upon receiving a report pursuant to paragraph (1)(C) or (D), timely investigate the report, remove the obstruction if possible, or correct the unsafe circumstance; and ‘‘(5) ensure the placement at each grade crossing on rights- of-way that it owns of appropriately located signs, on which shall appear, at a minimum— ‘‘(A) a toll-free telephone number to be used for placing calls described in paragraph (1) to the railroad carrier dispatching trains on that right-of-way; ‘‘(B) an e x planation of the purpose of that toll-free telephone number; and ‘‘(C) the grade crossing number assigned for that crossing by the National H ighway-Rail Crossing Inventory established by the Department of Transportation. ‘‘(b) W A IV ER.—The Secretary may waive the requirement that the telephone service be toll-free for Class II and Class III rail carriers if the Secretary determines that toll-free service would be cost prohibitive or unnecessary.’’. 49USC2130 1 .
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