STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1694

)

LIVE OAK, PERRY AND SOUTH )

GEORGIA RAILWAY COMPANY, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice at the District Office Conference Room, Department of Transportation, South Marion Street, Lake City, Florida, at 1:00 p.m., January 5, 1976, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: No appearance for Respondent.

ISSUE

Whether a permit should be granted for an at-grade crossing in the vicinity of Live Oak, Perry and South Georgia Railway Company Mile Post 1688 feet east of Mile Post 40.

FINDINGS OF FACT

1. Proper notice was given the parties and the hearing was delayed for thirty (30) minutes after time of notice in the event that the Respondent desired to make an appearance but was unavoidably detained.

   
   

2. State Road 20 was relocated so that the subject crossing is necessary to the straightening and the realignment of the existing road. The average daily traffic is estimated to be 3,600 for the year 1976 and to be 4,800 in ten

   (10) years. The railroad is a single line trackage and is shown by the inventory to carry four (4) trains per day at 10 m.p.h. The tracks serve a local paper mill in Foley, Florida.

   
   

3. An agreement has been worked out between the Department of Transportation and the Respondent railroad. The agreement provides for the

   protection and signalization at the location of the subject crossing and provides for the funding of the project.

   
   

4. The prior or present crossing in this vicinity on State Road 20 will be open and in operation approximately 600 feet from the proposed crossing. Both crossings will have flashing lights and the existing crossing will carry primarily local traffic coming out of the county grade road. The new crossing will bear most of the traffic. The Respondent railroad is in agreement with the opening of the crossing; the Department of Transportation is in agreement that the additional crossing be permitted; the parties agree that the signalization shall be cantilevered flashing lights.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all public railroad crossings in this state. One of the purposes of this law is to reduce hazards inherent with highway traffic crossing railroad tracks. The evidence demonstrates that there is a need for the crossing and the cantilevered flashing lights as proposed will protect the public from the hazards inherent in all crossings which involve vehicular traffic crossing railroad tracks.

RECOMMENDATION

Grant the permit to open the crossing.

DONE and ORDERED this 12th day of February, 1976.

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 Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Mr. R. A. Kelso, Chief Engineer Design & Construction

Southern Railway Company (Live Oak, Perry and South Georgia Railway Company)

99 Spring Street, South West Atlanta, Georgia 30303

Docket for Case No: 75-001694

Orders for Case No: 75-001694