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Reply to "3 deaths from Amtrak/automobile incident"

@jhz563 posted:

  I get that you can't fix stupid, and you can't foresee every problem.  But when you see a Fire Protection District public information officer says "It's not uncommon that we've had accidents at that crossing," then what the heck are you doing about it RR's?

This is BNSF and Amtrak, not Joe's short line doing 10 mph and taking a loan to meet payroll.  We have to do better than this.

(sorry for the rant this morning folks, but sometimes the thoughts just have to out.)

It's never a good idea to  post feelings or thoughts when in a state of frustration or anger.  Since you apparently are acting under misapprehensions, may I clear up a couple of things?

It is not the railroad, but the state, who determines if and where active public crossing protective devices* are to be installed.  The Fire Protection District public information office and/or the news media conveniently left that out of the statement to which you referred.

And did you notice that this accident is reported to have happened at a private crossing?  A private crossing is not public.  It exists because of a contract agreement between a landowner and a railroad.  It could be anything from an unpaved ranch driveway to a paved entrance to an industry.  In the contract between the landowner and the railroad, the landowner typically agrees to assume responsibility for use of the crossing without standard warning signs (crossbucks) or devices.  A Private Railroad Crossing sign is usually placed on both sides of the crossing.  Laws and railroad rules governing the use of the locomotive whistle and bell while approaching public crossings do not apply to private crossings.  As a result, the whistle is not sounded and the bell is not rung for private crossings, and this is clearly included in the agreement signed by the landowner.

In some states, there is a provision for the state and/or the landowner to furnish funding for active warning devices at private crossings such as the entrance to a meat packing plant that requires a crossing for highway vehicles.

In no case does a railroad install and pay for active crossing protection unless it is completely within railroad property or if it involves track or road construction performed exclusively on the railroad's initiative.  The standard procedure is that the state (sometimes with local communities) decides and pays for installation of active warning devices, with the railroad specifying the design and manufacturer of the devices, after which the railroad installs them and ownership is turned over to the railroad, which accepts responsibility for maintenance in perpetuity.

It's easy to cast the railroad in a villainous role -- and railroads sometimes deserve that -- but, since you made accusations when posting your opinion, I am merely pointing out that your anger, righteous though it may be, is misdirected and you have accused the railroad of something for which it is not responsible.

*  Active warning devices include bells, flashers, gates, and sidewalk gates.

Last edited by Number 90

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