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49 CFR Part 234 GRADE CROSSING SAFETY

HGC – 5

Subpart E

Emergency Notification for Telephonic Reporting of Unsafe Conditions

Learning Objectives
        - Understand that these regulations are engineering design standards and must be incorporated into the design of any Highway/Railroad Crossing Warning System.
        - Understand that actions taken during the installation, maintenance, or modification of the system must not negate these design standards.	

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The purpose of an ABS system is to provide limited or full protection to a train from opposing trains and allow for protection from following trains.  To accomplish this purpose the system must be designed and maintained to the standard outlined in Subpart B.

CAUTION

The following presentation was developed to provide general information only. For detailed compliance information please refer to 49 CFR 234 – Grade Crossing Safety, Including Signal Systems, State Action Plans, and Emergency Notification Systems.  It is recommended that each employee refer to appropriate manuals and regulations when dealing with any specific issue.

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When in doubt, go to the book!

Information

The FRA Grade Crossing Safety Standards are considered to be the minimum standard allowed for the installation, inspection, maintenance, and repair of highway/railroad grade crossing warning systems, devices, and appliances.  Each railroad may adopt more stringent standards. Refer to your railroad’s signal standard and instruction manual for further guidance.

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Require each railroad carrier to establish and maintain a toll-free telephone service for right-of-ways over which they dispatches trains [through highway-rail and pathway grade crossings]

“Telephone Number to Report Grade Crossing Problems”

Rail Safety Improvement Act

Section 205, October 2008

‘‘(a) IN GENERAL.—Not later than 18 months after the date f enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall require each railroad carrier to—

(1) establish and maintain a toll-free telephone service for rights-of-way over which it dispatches trains, to directly receive calls reporting—

(A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad tracks on those rights-of-way and public or private roads;

(B) disabled vehicles blocking railroad tracks at such grade crossings;

(C) obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train’s approach; or

(D) other safety information involving such grade crossings;

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Emergency Notification System

Non-conforming sign placement - September 1, 2017

Signs >= 60 sq. in. with < 3⁄4 in. lettering - September 1, 2017

Full ENS system must be in place by September 1, 2015

Signs less than 60 sq. in. - September 1, 2015

Non-conforming telephone service - March 1, 2014

Record keeping - March 1, 2014

                   Note: Any signs replaced before compliance dates

                             must comply with regulatory requirements

Part 234.317 - Compliance Dates

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Part 234.301Definitions
        - Answering machine: device or voicemail system; messages can be retrieved either remotely or on-site
        - Automated answering system: directs a caller to a single menu of options; caller has choice to select one, and is immediately transferred to a live telephone operator
        - Third-party telephone service: a service that receives calls on behalf of dispatching RR, and then transmits report to dispatching railroad

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        - Dispatching railroad: a railroad that dispatches or otherwise provides authority for movement of trains through the crossing
        - Maintaining railroad: the entity responsible for maintenance of the crossing (track owner, lessee, contractor)

Part 234.301Definitions

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        - Credible report of warning system malfunction: contains specific information supplied by a railroad employee, law enforcement officer, highway traffic official, or other employee of public agency acting in official capacity
        - Public report of warning system malfunction: report supplied by a member of the public who does not belong to one of the categories listed above

Part 234.301Definitions

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Part 234.303Answering Machine

A railroad may use an answering machine to receive calls under the following conditions:
        - If the railroad operates at speeds not greater than 20 mph through the crossing
        - Must check messages immediately prior to the start of operations

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For speeds greater than 20 MPH if the railroad operates seasonally or on an intermittent basis
        - May use answering machine during non-operating hours
        - Must check messages daily, and immediately prior to start of operations
        -  During operating hours must either:
        - Use live person or
        - Automated answering system or
        - Third-party answering service

Part 234.303Answering Machine

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Part 234.303Reportable Unsafe Conditions

To receive calls reporting 4 unsafe conditions at highway-rail or pathway grade crossings:

A warning system malfunction;

disabled vehicles or other obstructions blocking railroad tracks;

obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train’s approach; or

Any information relating to other unsafe conditions at the crossing

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Upon receiving report of signal malfunction, disabled vehicle, or other obstruction railroad must:
        - Immediately contact trains
        - Contact appropriate law enforcement agency so they can assist as necessary
        - Investigate the report
        - Correct the malfunction or unsafe condition

Part 234.303Reportable Unsafe Conditions

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Part 234.305Credible report vs. Public reportWarning system malfunction

Credible report for highway-rail grade crossings automatic warning systems:
        - If dispatching railroad also has maintenance responsibility, must follow existing 234 subpart C regulations
        - If dispatching RR does not have maintenance responsibility, must contact trains & maintaining RR.
        - Maintaining RR then must follow subpart C

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Public report for highway-rail grade crossings: follow new subpart E
        - New term
        - Dispatching railroad contacts trains
        - Contacts law enforcement
        - Contacts maintaining railroad (if applicable)
        - Maintaining railroad corrects malfunction

Part 234.305Credible report vs. Public reportWarning system malfunction

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For pathway grade crossings:
        - Credible & Public reports treated the same
        - Dispatching railroad takes required actions per subpart E (this rule)

Note: Not referred to subpart C because existing subpart C does not address pathway grade crossings

Part 234.305Credible report vs. Public reportWarning system malfunction

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Special rule on contacting trains not required to have communication equipment:	

If a railroad is not required by § 220.9 to have a working radio or working wireless communications equipment the railroad shall promptly contact the trains by the quickest means available consistent with § 220.13(a)

Part 234.305Contacting Trains

Part 220.13(a)

(a) Employees shall immediately report by the quickest means available derailments, collisions, storms, wash-outs, fires, obstructions to tracks, and other hazardous conditions which could result in death or injury, damage to property or serious disruption of railroad operations.

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Part 234. 305 Dispatching railroad vs. Maintaining railroad
        - Responsibilities may differ
        - Dispatching & maintaining RR may, or may not be the same
        - Emergency number on sign is dispatching railroad’s
        - Dispatching RR notifies trains, LE
        - Maintaining RR corrects unsafe condition

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Methods for Maintaining RR to receive calls from Dispatching Railroad

Live person answer calls directly or

Automated answering system or

Third-party telephone service or (restrictions apply) or

Answering machine (restrictions apply)

Part 234. 305 Dispatching railroad vs. Maintaining railroad

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For speeds not greater than 20 mph (through the crossing)
        - May use third-party service or
        - Answering machine

Must retrieve messages immediately prior to starting service

Methods for Maintaining RR to receive calls from Dispatching Railroad

Part 234. 305 Dispatching railroad vs. Maintaining railroad

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For speeds greater than 20 MPH if the railroad operates seasonally or on an intermittent basis
        - May use third-party service or
        - Answering machine (during non-operating hours)

Must retrieve messages daily and immediately prior to starting operations
        - During operating hours must use either live person or automated answering system

Methods for Maintaining RR to receive calls from Dispatching Railroad

Part 234. 305 Dispatching railroad vs. Maintaining railroad

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Part 234.305Remedial Actions

Upon receiving a report of sight obstructions or other unsafe conditions railroad must:
        - Timely investigate the report
        -  and remove the obstruction if possible, or correct the safety condition if lawful and feasible

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Part 234.306Multiple Dispatching Railroads

At crossings where more than one railroad may dispatch trains through the same crossing:
        - Railroads shall appoint one railroad to serve as “primary dispatching railroad”
        - Primary railroad will receive calls, contact trains and other dispatching railroads
        - Carry out all duties of dispatching railroad
        - Must keep a written record of appointment

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At crossings where more than one railroad may maintain track through the same crossing:
        - Shall appoint one railroad to place and maintain the ENS sign
        - Must keep a written record of the  appointment
        - Each railroad will be responsible for carrying out the duties of the maintaining railroad when applicable to its own track

Part 234.306Multiple Maintaining Railroads

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A railroad has several options for receiving ENS calls:
        - Live person
        - Third Party Telephone Service
        - Automated Answering System
        - Answering machine (certain restrictions apply)

Part 234.306Methods to Receive Calls

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Part 234.307Third-party Telephone Service
        - A railroad, or multiple railroads may use a third-party service to receive calls
        - Service must be reached directly from telephone number on sign
        - Will contact dispatching railroad
        - Railroad must have live person answer calls from 3rd Party Service or
        - May use automated answering system to receive call (if it qualifies under the rule)

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Part 234.307Third-party Telephone Service

Service must provide the following info to railroad:
        - Nature of the unsafe condition
        - Location, including U.S. DOT Crossing #
        - If the person was acting in an official capacity (i.e. Credible report)
        - Date and time of call
        - Any other information that may be useful to restore the crossing to a safe condition

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Part 234.309Signs in General

Install appropriately placed signs at each crossing that contain, at a minimum, the following:
        - Toll-free number (of dispatching railroad)
        - Explanation of the purpose of the toll-free number (e.g., Report emergency to)
        - DOT Inventory Number
        - Class 2 and Class 3 may use a local phone number 

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ENS Sign requirements: 
        - White text on blue background with a white border
        - Must be retro-reflective
        - Size of Sign: at least  9 inches x 12 inches
        - Text lettering: at least one inch in height
        - DOT # may be black on white background

Part 234.309Signs in General

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Examples

Compliant signs from MUTCD

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Signs at >= 60 sq. in. with lettering at >= 3⁄4” may be kept for useful life;

Signs at >= 60 sq. in but lettering of the purpose of the sign (e.g. “report emergency or problem to”) is at least 3/8” may be kept for useful life;

All other lettering must be at least 3⁄4”

Non-Compliant Signs

Already Installed

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Part 234.311Sign Placement
        - One sign on each approach
        - Conspicuous to roadway user
        - Does not limit the view of approaching trains
        - Minimizes mud splatter
        - Does not obscure other signs at crossing

Note: Signs on signal bungalows 

are for supplemental use only and 

are not  ENS signs!

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Exceptions:

One sign at farm crossings

At a rail yard, port or dock facilities place one sign at each vehicular entrance so that it is clearly visible to drivers

Note:  Railroads have 30 days to

           replace a damaged or

           missing sign.

Part 234.311Sign Placement

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234.313Record Keeping
        - Records retained for one year
        - Must contain:

Nature of unsafe condition

Location of unsafe condition

Time/date of call

Type person reporting (credible/public)

Time/date maintaining RR contacted

Actions taken by railroad

Time/date unsafe condition corrected

These are more fully described in the rule and should be reviewed carefully.

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234.313/234.109Comparison

These are more fully described in the rule and should be reviewed carefully.

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S&TC  FUNDAMENTALS

49 CFR 23

Subpart E

Telephonic Notification of 

Unsafe Conditions

The End

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