Incident records and research Guide 15
Crossing records for attorneys and researchers
Crossing research usually needs both dated inventory records and the separate reports for specific incidents. Preserve the record version and source for each fact, and do not assume a public record is suitable for every legal use.
For attorneys, researchers and reporters tracing a crossing's history.
Inventory and incident records answer different questions.
The inventory describes reported crossing attributes such as road, railroad, traffic and warning equipment. An incident report describes an event within the reporting rule's scope.
Match the full crossing ID, then retain each record's own date and definitions. Do not use today's inventory to fill an unreported historical incident field.
Sources: FRA: crossing inventory reporting; 49 CFR §225.19: reportable crossing incidents.
Keep historical versions in their date order.
Distinguish an agency's effective or update date from the date the Atlas checked or retained a source. A later correction may describe an earlier condition.
A dated revision link preserves the selected Atlas publication where available. It does not establish a complete chain of every source revision or replace an agency's retained record.
Check the contents and limits of a selected report.
A report can bring together the selected crossing's available inventory, matched incidents, history and citations. Read its coverage and any unreported fields before relying on it.
Research aid compiled from public FRA records; not a certified record; not legal or engineering advice; admissibility is for the court; obtain certified copies from FRA or the state.
Check §407, formerly 23 U.S.C. §409.
The provision formerly numbered 23 U.S.C. §409 was renumbered as §407 in 2021. It addresses discovery and use of certain materials collected or compiled for specified safety programs. Its scope depends on the materials and circumstances.
This guide does not decide whether it applies to a particular document. Consult the statute and qualified counsel for the proposed use; public access alone does not settle that question.
Sources: 23 U.S.C. §407 and its renumbering note; Former 23 U.S.C. §409 (2012 edition).
Cite the exact source and version.
Identify the agency, record title, crossing ID, relevant date, version and retrieval date. Link both the original source and the dated Atlas view when that is the view you used.
Where a record has been corrected, retain the earlier citation and explain the correction. Do not silently substitute a new version into an existing analysis.
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