Reassessment of the response to rail safety recommendation R03-03

The Department of Transport expedite the promulgation of new grade crossing regulations (R01-05, issued 11 September 2001)

The Ministers response to R01-05 was as follows:

TC agrees with the need for the promulgation of the new grade crossing regulations TC is currently finalizing the new Grade Crossing Regulations and it is expected that the regulations will be published in Part I of the Canada Gazette in the spring of 2002.

The proposed Grade Crossing Regulations are intended to set clear safety standards for all grade crossings. The regulations will also clearly define the responsibilities of railway companies, public road authorities and private road owners.

Transport Canada's forthcoming new grade crossing regulations were not published as scheduled in 2002 The new regulations were intended to address the issues of safety standards for crossings and to define clearly the responsibilities of railway companies, public road.

authorities and private road owners These will include temporary protection requirements that are to be followed when construction work is underway at crossings or when visibility of crossing signals is impeded.

TSB Report No. R99T0147 included the following comments on the adequacy of procedures to ensure the safety of the travelling public where there is construction underway at railway crossings at grade.

The particularly dangerous and unforgiving nature of collisions between motor vehicles and trains has long been recognized To lessen this risk, reliance has traditionally been placed on the protection provided by automatic warning devices However, when there is construction activity at a crossing, drivers may be confused by contradictory stimuli and may not view the automatic warning devices as a clear instruction to stop Neither the Transportation Association of Canada's Manual of Uniform Traffic Control Devices, the Railway Association of Canada (RAC) circular, Recommended Practices for Manual Protection at Railway/Road Grade Crossings, nor Transport Canada's (TC) current regulations address this risk.

It is anticipated that TC's proposed Grade Crossing Safety Regulations and associated manual will require the responsible authority to ensure that adequate traffic controls are in place so that the work does not adversely affect safety at crossings However, the Board is concerned that these regulations are not yet in force and, to this end, it very recently made recommendation R01-05 regarding the need to expedite the promulgation of these regulations Moreover, the Board is concerned that, once the regulations come into force, a variety of procedures will likely be established on a site-by-site basis and a piecemeal approach may not ensure that a secondary defence to automatic warning devices is provided at all crossings under construction The absence of an effective secondary defence has the potential to place Canadian motorists at risk.

The introduction of secondary defences is not a complicated matter but it will require a concerted effort on the part of government and industry The Board is of the opinion that this effort could come from Direction 2006 This program, sponsored by TC and the RAC, is described as "...a partnership between all levels of government, railway companies, public safety organizations, police, unions and community groups" The objective of this initiative is to reduce grade crossing collisions and trespassing incidents by 50 per cent by the year 2006"

As such, Direction 2006 is in an excellent position to work to reduce collisions at crossings at which construction activity is occurring.

Because of the potential for government/industry initiatives through Direction 2006 and in anticipation of Safety Recommendation R01-05, the Board felt that an additional recommendation, at this time, was not necessary However, the Board believes that there is an opportunity for TC and the RAC, through Direction 2006, to develop a uniform set of standard procedures which will ensure the safety of motorists approaching all grade crossings undergoing construction activity. These standards could ensure that motor vehicles are given advance warning of oncoming trains and a clear and unequivocal instruction to stop Once developed, Direction 2006 would be able to distribute these to all railways in Canada and encourage their implementation.

The very slow pace of regulatory process towards addressing this issue means that motorists continue to be placed at risk While there is already a Board recommendation (R01-05) on expediting the issuance of the Grade Crossing Regulations, it is clear that delays continue Consequently, the Board recommends that: