Maine Revised Statutes

1. Company to erect and maintain bridge guards.  Every railroad corporation shall erect and maintain suitable bridge guards at every bridge or other structure, any portion of which crosses the railroad less than 20 feet above the tracks. The guards shall be approved by the commissioner and be erected and adjusted to the commissioner's satisfaction. Any corporation refusing or neglecting to comply with this section, for each month of continuance in neglect or refusal, forfeits $50. Whoever willfully destroys or breaks any bridge guard forfeits not more than $100 and may be imprisoned for not more than 30 days.

2. Railroads crossing each other; application, notice and hearing.  The commissioner shall determine the manner and conditions of one railroad of any kind crossing another. Any corporation or party operating a railroad may apply to the commissioner for a change in the then existing condition, construction or manner of any crossing. The application shall be in writing, giving the location of the crossing, and the commissioner shall give a hearing on the application after the commissioner has ordered notice to be given by the applicants as to the time, place and purposes of the hearing as the commissioner shall deem proper. The commissioner shall determine at the hearing what changes, if any, are necessary, and how the crossings shall be constructed and maintained, the expense to be borne as the commissioner may order.

3. Crossing over railroad already built; application, notice and hearing.  In the case of a railroad company of any kind whose tracks are to be constructed across the tracks of any railroad already built, the crossings shall be made, constructed and maintained in a manner and under conditions as shall be ordered by the commissioner, the expense to be borne as the commissioner may order. The parties contemplating making a crossing shall apply to the commissioner in writing, giving the location of the crossing desired, and the commissioner shall give a hearing after the commissioner shall have ordered notice to be given by the applicants of the time, place and purposes of the hearing as the commissioner shall deem proper. At the hearing, the commissioner shall determine the manner and conditions of construction and maintenance of the crossing and make a report as provided.

4. Report of decisions and copies to parties interested.  The commissioner shall make a report in writing of the commissioner's decision in all matters named in subsections 2 and 3 and the commissioner shall send a copy of the decision to each of the railroad corporations and to the municipal officers of the cities or towns interested in the decision.

5. Clearances set by Commissioner of Transportation.  The Commissioner of Transportation shall have the right to prescribe a minimum distance for clearance of any structure, pole or other object over or beside any railroad track. This section shall not apply to any structure, pole or other object in existence over or beside any railroad track on or before September 1, 1955.