2021_03-23_PWETCpacket - Laserfiche WebLink

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2. Increased Traffic Enforcement—This is a program that targets traffic violations near railroad crossings. The Quiet Zone submittal would outline and document what the City has done to enforce traffic violations. 3. Partial Center Medians —This is where full length medians are not possible on both sides and a median is installed on one side. The FRA will compute a partial risk reduction, based on the crossing improvements. Adjacent pedestrian crossings are not technically considered part of a Quiet Zone. Good practice and simple consideration for residents' safety suggest that options for the trails and sidewalks should be examined. The FRA also strongly recommends a diagnostic review for safety concerns and recommendations. At a minimum, signing should be provided warning pedestrians that there will be no train horn. Other potential improvements could include channelizing fencing to force pedestrians to look each way for oncoming trains, or provide roadway crossing gates on the sidewalk or trail. The rules also require that private at grade crossings be part of a quiet zone diagnostic review. The rules state the private crossing serving less than four residential properties or that have not public access can have pacify warning devices such as stop signs. The rules for warning devices for other commercial driveways are not well defined and are decided jointly by the FRA, the crossing owner, and the local government agency. The rules are silent on the liability to either the railroad or communities who enact quiet zones. In the record of decision, the FRA discusses railroad and community liability. On Page 66 of the record of decision, the FRA says "As for the public authority that creates a quiet zone in accordance with this part, FRA expects that courts will apply the standard of care set by this rule, inasmuch as any quiet zone established in accordance with this part will have been established in accordance with federal law and FRA's intention to preempt State laws expressly stated." This rule, in effect, establishes the standard of care for the creation of quiet zones and the sounding of train horns, providing reassurance both to railroads and communities that no plaintiff will prevail on the basis that an audible warning has been withheld. Further, this rule making does nothing to undermine the sovereign immunity of State and local governments, where they have asserted it. The FRA rules require communities to notify the FRA, the State Department of Transportation, and the railroad that they are interested in creating a quiet zone and provide a process for these interested parties to comment. The process has some built in time periods that take 4 to 6 months to implement. If signal work is required, a year or more is a normal time frame to implement a quiet zone. If SSMs are installed according to the rules at all crossings, the community will receive an automatic approval for a quiet zone. If ASMs or other exceptions are needed, the FRA review and approval will be needed.