STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ESCAMBIA COUNTY and FLORIDA ) DEPARTMENT OF TRANSPORTATION )

)

Petitioners, )

)

vs. ) CASE NO. 76-1811

) LOUISVILLE & NASHVILLE RAILWAY ) COMPANY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, hearing was held before Delphene C. Strickland, Hearing Officer, in Pensacola, Florida on November 3, 1976.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Attorney for the Florida Department of Transportation

ISSUES

Granting or denial of a permit to open a public at-grade railroad crossing as provided by Section 338.21, Florida Statutes.

FINDINGS OF FACT

1. The Petitioners desired to be granted a permit for the opening of a public at-grade railroad crossing in connection with the construction of a new four-lane vehicular facility. The alignment of the facility was determined after several alternate studies had been made. Its purpose is to provide a means to move traffic from the Pensacola Bay Bridge through the historical district of Pensacola and on to the west side of the City near Barrancas Avenue. To utilize this alignment, it is necessary to cross a spur track of the Louisville and Nashville Railroad Company. Safety studies conducted on the basis of accepted safety criterion reveal that the installation and maintenance of automatically-operated cantilevered flashing lights and gates in addition to standard pavement markings, crossbucks and discs would be necessary to protect the safety of both rail and vehicular traffic. The Petitioners agreed to bear the expenses of the installation of such signalization.

   
   

2. The permit should be granted.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 338.21, Florida Statutes, provides, in part, that the Department of Transportation has regulatory authority over all public railroad

crossings in this state. The purpose of this law is to minimize the hazard inherent with such crossings. The evidence in this case clearly shows, by studies conducted, that there is a need for additional arterial vehicular facilities in this area. It is further shown that with the installation and maintenance of signalization, as set forth in the facts, the hazards of collision can be minimized. Since the intent of the law can be fulfilled in providing safety to the railroad and the travelling public, it must be concluded that a permit for the opening of the subject crossing should be granted.

RECOMMENDATION

The permit shall be granted for the opening of the subject crossing conditioned upon the installation and maintenance of signalization as set forth in the facts.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

G. S. Burleson, Sr.

Asst. State Utility Engr. (RRs) Haydon Burns Building Tallahassee, Florida 32304

M. H. Smith, Esquire

Attorney for Louisville-Nashville Railroad Company

P. O. Box 1198 Louisville, Ky. 40201

County Attorney

Escambia County County Courthouse Pensacola, Florida

Docket for Case No: 76-001811

Orders for Case No: 76-001811