“Highway-Rail Grade Crossing; Safe Clearance”
Final Rule. September 25, 2013.
This is a major development in an area of much safety concern over accidents and also a much-litigated matter in tort cases.
The background here is detailed and complex.
Among other implications: The PHMSA and FMCSA standard set forth here will likely be incorporated into negligence standard of care instructions to juries and to judges as finders of fact under a “negligence per se” theory.
See Federal Register notices on “proposed discontinuance or modification of a railroad signal system” by Wisconsin Central Limited (railroad) here, and “proposed discontinuance of automatic signals within traffic control systems (TSC) territory and the installation of a cab signal system without automatic wayside signals on the NS Pittsburgh Line” here.
“Importance of Clear Safety Procedures for Temporary Removal from Service of Highway – Rail Grade Crossing Warning Systems and Wayside Signal Systems.”
June 3, 2013. Notice of Safety Advisory.