QUIET ZONES How do you get there from hear? Main Points Background Liability of Railroad Crossings. Statutory background of Horn sounding requirements and relief from those requirements. SSM s and ASM s Assessments of available approaches. 1
TRAINS ARE AN INCREASING PART OF CITY LIFE URBAN SCENE 2
LIABILITY A SERIOUS ISSUE 3
NORMAL LIABILITY CONSIDERATIONS Law recognizes this as a dangerous intersection While the traveler had best beware, Courts have looked for ways to find liability. NORMAL LIABILITY CONSIDERATIONS Extra Hazardous Intersections, caused by grades, angle of crossings or view obstructions To counter Railroads must have flagman or safety equipment such as gates, lights, signs, signals 4
NORMAL LIABILITY CONSIDERATIONS If Railroads have equipment, they must maintain in order to avoid liability, Must meet statutory requirements to avoid liability Thus, Railroads must normally sound the horn when approaching an intersection or it is negligence per se. QUIET ZONES In 1994, Congress added 49 USC Sec. 20153 to mandate that locomotives sound horns on approach to at grade intersections. (96 to 110 db, 100 ft forward of locomotive, per 49 CFR 229.129) The Federal Railroad Administration was given authority to make exceptions. On June 24, 2005, the Final Rule on quiet zones and the removal of the requirement to sound a horn was adopted and placed in the Code of Federal Regulations, 49 CFR, part 222. 49 CFR Sec. 222.7 preempts state and local laws which would govern the sounding of locomotive horns. 5
Quiet Zones If Money is no object: QUIET ZONE BASES SUPPLEMENTAL SAFETY MEASURES (SSM) Defined to be a safety system provided by the appropriate traffic control authority. Quad gate systems Gate with Medians Highway closing for partial quiet zones 6
Quad Gate System Quad Gate System 7
Quad Gate System Gate with Median 8
QUIET ZONE BASES ALTERNATIVE SAFETY MEASURES (ASM) Defined as a safety system other than an SSM provided by the local traffic authority. Includes Engineered and Non Engineered ASM s. ENGINEERED ASM Appendix A to 49 CFR part 222 Addressing geometric conditions to improve sight distance. Modifying pre existing SSM s. 9
NON ENGINEERED ASM Appendix B to 49 CFR part 222 Programmed Enforcement Public Education Photo Enforcement A QUIET ZONE IS ESTABLISHED Now What? 10
Review of Liability Factors Extra Dangerous Intersection? Safety equipment maintained? Statutory Duties Followed? In a Quiet Zone, extra inquiry. Quiet Zone Considerations If no horn sounded If on the basis of SSM, were those devices maintained and working? Was the area officially designated a Quiet Zone? If on the basis of ASM, had those measures been followed? 11
DIFFERENT ASPECTS FOR CITY CONSIDERATION If SSM is founded on a gated median configuration, then maintenance of the median may be a City issue. If ASM, the question will be whether the City did as they said they would. Failure could be a basis for City Liability. 12
EFFECT OF CITY FAILURE TO PERFORM Undecided Area of the Law The Analogy may well be akin to City s duty to maintain equipment such as stop signs or street lights meaning there would be City liability for failure to perform a duty. Suit will must likely be filed to determine the legal answer. OTHER ISSUES Railroads may want indemnity Agreements Railroads may want initial construction costs plus a maintenance fee in the case of quad gates. 13
INDEMNITY AGREEMENTS Violates the Texas Constitution, Art. 11, Sec. 7 FRA stated in the Fed. Register that it had refrained from adding language to the final rule to prohibit RR s from requiring matter of state law. MAINTENANCE FEES FRA stated at Vol 70, Fed Register, 21847, that in a number of cases, State agencies will be able to order installation automated warning systems, such as four quadrant gates, even on county and local roadways. Railroad Position would be that twice the gates are twice as expensive to maintain. 14