Welcome Consultation Meeting for the Development of the Railway-Roadway Grade Crossings Regulations May and June, 2012
BACKGROUND Work and consultations regarding the development of the Railway-Roadway Grade Crossings Regulations (RRGCR) have been ongoing since the introduction of the Railway Safety Act (RSA) in 1989. Reviews of the RSA acknowledged that the multi-jurisdictional nature of grade crossings is at the root of safety deficiencies at grade crossings. Development of the RRGCR is a Transport Canada priority and addresses the Transportation Safety Board recommendation to formulate grade crossing regulations. 2
Overview of Consultation Process John Gelder and Robert Dénommé Facilitators, Sinapse
TODAY S OBJECTIVES Present key elements of the regulatory proposal Review what Transport Canada heard during Phase 1 Discuss any additional comments or concerns. 4
GROUND RULES Open & non-judgmental communication Respect for all viewpoints - every idea has merit One speaker rule Equal opportunity air time Cells and Blackberries Keep to agreed agenda Other? 5
TODAY S AGENDA 08:30-08:45 Registration 08:45-08:55 08:55-09:05 09:05-10:15 Introductory Remarks Luc Bourdon, Director General, Rail Safety, Transport Canada Objectives, Agenda and Approach to the Discussion Facilitator Presentations by Transport Canada 1. Proposed Approach Marie-Josée Goulet, Chief Engineer, Rail Safety Operations 2. Key Elements Bruce Kavanagh, Regional Manager, Railway Engineering 10:15-10:30 Health Break 10:30-12:00 Presentation of Submissions Followed by Question Period Selected participants 12:00-13:00 Lunch 13:00-14:00 Structured open discussions Facilitator 14:00-14:15 Health Break 14:15-15:15 15:15-15:30 15:30-16:00 Structured open discussions (continued) Facilitator Next Steps Marie-Josée Goulet Wrap-Up Facilitator 6
Proposed Approach Marie-Josée Goulet Chief Engineer, Rail Safety Operations
PURPOSE OF PRESENTATION 1. Cabinet Directive on Streamlining Regulations (CDSR) Process 2. Closing the Gap 3. Cost - An Overarching Comment 4. Regulatory Proposal 5. Policy Approach 8
CDSR PROCESS The CDSR (April 1, 2007) aims to achieve the greatest overall benefit to current and future generations of Canadians as follows: POLICY DEVELOPMENT: Triage Statement determined high impact proposal; Options considered; Cost-benefit analysis; Draft Policy (associated standards); and Consultations internal/external. REGULATORY DEVELOPMENT: Draft regulatory proposal; Regulatory Impact Assessment Statement (RIAS); Pre-publication in Canada Gazette, Part I; and Departmental review and government approvals. COMING-INTO-FORCE AS A REGULATION: Publication in Canada Gazette, Part II. 9
CLOSING THE GAP The draft Policy is expected to improve crossing safety and reduce the number of collisions, fatalities, injuries and property damage at grade crossings. HISTORICAL GOVERNMENT INTERVENTION CROSSING COLLISIONS WITHOUT PROPOSAL (PROJECTED) WITH REGULATION (PROJECTED) POSITIVE BENEFIT/COST RATIO TIME 10
COST AN OVERARCHING COMMENT Cost apportionment: Funding: Facts: Refer to the Canadian Transportation Agency Transport Canada s mandate is safety Grade Crossing Improvement Program (GCIP) not linked All owners of federally-regulated grade crossings will be able to apply No program will be developed specifically for these Regulations RTD 10 published in 2002 as best engineering practice Owners have always been responsible for the safety of their grade crossings The policy will clarify the roles and responsibilities between road owners and railway companies Sightlines are not a new concept G4A You, as grade crossing owners, are best positioned to identify additional costs that the coming-into-force of the Regulations would entail 11
REGULATORY PROPOSAL The RRGCR would: promote safer grade crossings to save lives, prevent severe injuries and derailments; clarify roles and responsibilities; and provide comprehensive safety standards. With an approach that is: phased-in; focused on making grade crossings owners accountable; and proactive. 12
POLICY APPROACH Railway Companies Road Owners Sharing of information Regulations Phased-in regulatory requirements, roles & responsibilities and process Standards Establishes best engineering practices Safer Grade Crossings Input Activities based on 3 pillars Ultimate outcome 13
Key Elements Bruce Kavanagh Regional Manager, Railway Engineering
PURPOSE OF PRESENTATION 1. POLICY SCOPE 2. POLICY DETAILS: Roles and Responsibilities Timelines Sharing of Information Safety documentation / Safety Reviews Canadian Railway-Roadway Grade Crossings Standards (formerly RTD 10) Other Technical Components 15
POLICY SCOPE All Federally Regulated Grade Crossings Includes all grade crossings whose road is a public road. A public road is always opened or maintained by a road authority. e.g.: public roads, pedestrian paths and bicycle paths Public Railway Companies Private Includes all grade crossings whose road is a private road. e.g.: residential, agricultural, commercial and industrial grade crossings Road Authorities Are RESPONSIBLE AUTHORITIES. Are public authorities having the legal authority to open and maintain public roads. e.g.: provinces, municipalities and band councils Unrestricted Are RESPONSIBLE AUTHORITIES. Operate a line of railway at a grade crossing. e.g.: CN Rail, CP Rail Restricted Beneficiaries Are not RESPONSIBLE AUTHORITIES. Are the persons or organizations for whom or which the railway company provides the private grade crossing. e.g.: farm, business and home owners Public grade crossings are always unrestricted. Private unrestricted grade crossings allow unrestricted public access. e.g.: private roads of commercial or industrial establishments; private roads that serve 3+ principal residences Restricted grade crossings are always private. e.g.: any road, path or trail having restricted public access LEGEND: Crossing Types Stakeholders Item Descriptions 16
ROLES AND RESPONSIBILITIES POLICY (SS.3-12): PUBLIC GRADE CROSSINGS PRIVATE GRADE CROSSINGS Railway Company Road Authority Railway Company Beneficiary 1 Share information with road authorities and beneficiaries as required Share information with railway companies, other road authorities and beneficiaries as required Share information with the beneficiary upon request Share information with the railway company upon request 2 Grade crossing safety documentation and safety reviews Safety reviews 3 Crossing surface Road approaches Grade crossing safety documentation and safety reviews All aspects of a crossing (within railway right-of-way) excluding aspects for which the beneficiary is responsible Standard of construction of road approaches (outside railway right-of-way up to safe stopping distance) Maintenance of road approaches (outside of railway right-of-way) 4 Drainage (within railway right-of-way) Drainage (within road right-ofway) Standard of construction of road approaches (from edge of railway right-of-way to safe stopping distance). Drainage (outside railway right-ofway) 5 Sightlines (within railway right-of-way) Sightlines (within road right-ofway) Sightlines (railway right-of-way & over land outside right-of-way due to track curvature) Sightlines (outside right-of-way over their land). Landowners are responsible for their own sightlines if they are not the beneficiary. 6 Railway crossing signs, number of tracks, emergency notification and prohibitive stored and standing equipment signs Traffic control devices including interconnected devices (on road approaches) Notifying landowners of sightline requirements over the owner s land Traffic control devices (outside railway right-of-way) 7 Grade crossing warning systems Stop signs Snow removal (crossing surface & railway right-of-way) Snow removal (road approaches) 8 Snow removal (within crossing surface & railway right-of-way) 9 10 Co-ordinating the movement of trains, engines and other railway equipment Notifying landowners of sightline requirements over the owner s land Snow removal (on road approaches) Co-ordinating the movement of road traffic Notifying landowners of sightline requirements over the owner s land NOTE: If a public road intersects the road approach to a private grade crossing, this road authority has similar responsibilities applicable to the intersecting road and the associated sightlines. 17
TIMELINES PHASED-IN APPROACH: 18
SHARING OF INFORMATION POLICY (SS.7-8): Within the Policy, 2 years after the coming-into-force (CIF) as a Regulation, each responsible authority must share the information listed in Appendix D of the CRRGCS with other responsible authorities for public grade crossings. At any point after CIF, each responsible authority must share the same list of information should any of the following circumstances occur: A new construction of a grade crossing; or An alteration of operational change is implemented. At any point after CIF, each responsible authority must update and share the same list of information should any of the following circumstances occur: A grade crossing warning system, a prepare to stop at railway crossing sign, a traffic signal or other traffic control device is installed or altered; The use of the whistle on railway equipment is ceased; The maximum rail or road operating speed decreases by more than 16 km/h; There is a road closure or a transfer of road authority; The operation of a line of railway is suspended, abandoned or transferred; or The grade crossing is closed or converted to a grade separation. Upon request, any beneficiary or responsible authority must provide information to any other responsible authority or beneficiary regarding their operations on a road or line of railway. 19
SHARING OF INFORMATION CRRGCS (TABLES D1 & D2): Information to be gathered and shared, at a minimum, and as applicable, as per Appendix D of the CRRGCS: Road Authorities Railway Companies All Responsible Authorities 1 Number of Traffic Lanes Over Crossing Surface Train Whistling (Y/N)? 2 Road Classification (Urban/Rural) Number of Tracks 3 Road Sub-Classification (Expressway/Freeway) Crossing Angle 4 Grade Crossing Design Vehicle (including any special vehicles) 5 Average Annual Daily Traffic (AADT) (estimated or measured) (include intersecting roads as required) 6 Maximum Road Operating Speed 7 Safe Stopping Distance, Clearance Distance and Departure Time Average Daily Total Train Movements (ADTT) (Passenger/Freight) Maximum Rail Operating Speed (Passenger/Freight) Is there any track within D20 seconds of the crossing where it is possible to store railway equipment? Location data (i.e. road name, latitude, longitude, subdivision, etc.) Warning system interconnections and preemptions to highway traffic control Signals. Includes advance preemption time 8 Maximum Gradient under design vehicle stopped 2m in advance of crossing sign or warning signal mast 9 Grade crossing road approach conditions ("K") 10 Existing "STOP" signs 11 Crossing usage by pedestrians, cyclists and persons using assistive devices 12 Frequently occurring adverse local conditions which obscure grade crossing warning signal visibility NOTE: Railway companies or beneficiaries may, upon request, gather information from other crossing owners. The existence and activation of "Prepare to Stop at Railway Crossing" signs with relation to the flashing light units of grade crossing warning systems. Includes advance activation time and delayed turnoff time. 12 Distance from the "Prepare to Stop at Railway Crossing" Sign to the closest warning signal 20
GRADE CROSSING SAFETY DOCUMENTATION Grade crossing safety documentation evaluates, documents and notifies other parties whether the conditions necessary for adequate warning of the approach of railway equipment have been met under the RSA. Safety documentation is the responsibility of railway companies. The evaluation, documentation and notification of sightline requirements is the key measure when determining if railway equipment has right-of-way at a grade crossing. Grade crossing safety documentation must account for all the factors listed in s.3.1 of the CRRGCS. 21
GRADE CROSSING SAFETY DOCUMENTATION POLICY (SS.14-23) / CRRGCS (S.3): Grade crossing safety documentation would have to be completed as follows: Initial: Within 3 years after CIF for all grade crossings. Situational: Prior to the construction of a grade crossing. Prior to an alteration or operational change at or in the vicinity of a grade crossing as follows: A significant change in the road or railway infrastructure or traffic patterns; A significant change in the location of the meeting or passing points of trains on sidings or passing tracks; A significant change in the switching of railway equipment; A significant increase in the speed or volume of traffic on the road or line of rail; A significant change in the types of vehicles passing over the grade crossing; or Any other action that might cause a significant change in road or railway operations. Before a railway company ceases the use of the whistle on railway equipment at or in the vicinity of a grade crossing. Before a railway company resumes the use of a grade crossing after a period of 3+ years of closure. 22
SAFETY REVIEWS POLICY(SS.25-27): A safety review is a review of a particular incident, including the factors that could have had an impact on that occurrence, including any necessary remedial actions. The review focuses only on the incident that occurred and must be conducted within a reasonable time by a responsible authority after being aware of such an occurrence. Safety reviews are required when any of the following events occur: Vehicles frequently enter a crossing when the lights are flashing; Vehicles frequently block a crossing; Vehicles frequently strike or are struck by gates, signs, signals, or supporting structures or systems; A collision occurs between a train and a vehicle, pedestrian, cyclist or person using an assistive device; or The front, rear or underside of a vehicle regularly makes contact with a crossing surface or road approach within 30 m of a rail. 23
CANADIAN RAILWAY-ROADWAY GRADE CROSSING STANDARDS (CRRGCS) The CRRGCS is a document to be incorporated by reference to the Regulations, at CIF, that provides best engineering practices for the safety oversight of grade crossings. The Policy and the CRRGCS impose clear standards that meet the safety goals of the RSA and provide an enforcement tool for inspection purposes to improve consistency and safety at grade crossings. All public grade crossings will be maintained to existing Regulations (Railway- Highway Crossing at Grade Regulations and Highway Crossings Protective Devices Regulations) as specified in CRRGCS Appendix E until an operational change or alteration change is made or the basic standards begin. Basic standards will bring all existing crossings up to an acceptable safety standard. This will require these crossings to be upgraded to specified provisions of the CRRGCS that are essential for safety and are practical to meet. Circumstance dependent standards will exist for new crossings, alterations, operational changes, etc. and are considered a comparably higher acceptable safety standard due to that circumstance. 24
COMPONENTS OF THE CRRGCS POLICY(SS.29-38) : Basic Standards (all existing crossings) Circumstance Dependent Standards Timeline Description CRRGCS provision(s) to be met Timeline Circumstance CRRGCS provision(s) to be met Previous standards to be met at CIF Existing Regulations (1980-8 and E-6) Appendix E Construction of a new grade crossing Parts B and C Crossing surface ss. 6.1, 6.2, 6.2.1 and 6.2.2 Alterations or operational Changes Part B (crossing angle, location and gradient to be met as practicable) and the warning times of Part C. Condition of the road approaches s.7.8 Installation and alteration of signs, signals, systems, components and equipment Installed or altered part meets Parts B and C Basic Standards to be met at year 5 (public) or year 7 (private) after CIF Sightlines s.8 Signs, road markings and traffic control devices Number, location and alignment of light units of grade crossing warning systems ss. 9.1 to 9.1.3, 9.3 to 9.8, 9.11 to 9.18, 14 ss. 13, 19.4 to 19.9 Best practices to be met when a circumstance occurs Alteration of grade crossing geometry Sightline requirement s.8 Cessation of train whistling Must take into account (but not meet) Part B s.16 Preemption of traffic signals by grade crossing warning systems s.15.3 Maintenance, testing and inspection requirement Part D Operating control circuits ss.19.10(a), 19.10(b), 19.10(c), 19.12(b), 19.13, 19.14 Resumption of use (Unrestricted grade crossings) Parts B and C (crossing angle, location and gradient to be met as practicable) 25
OTHER TECHNICAL COMPONENTS Maintenance, Testing and Inspection: Policy (ss.40-45) The safety parameters established at each grade crossing must be monitored, tested, maintained and documented by railway and road personnel, as it is important that responsible parties be aware of changes in circumstances that could adversely affect grade crossing safety. Temporary Protection Measures: Policy (ss.47-54) The Policy requires that safety measures be implemented when there is work, testing, or system failures that jeopardize the safety at a grade crossing. A sufficient number of persons with appropriate training and equipment are required to be stationed at the crossing to advise persons using the road or rail whether it is safe to use the grade crossing. No Demand for Services and Discontinuance: Policy (s.11) Grade crossing signs and signals must be removed or covered when it is forecast that there will be no demand for railway services on the railway tracks at the crossing within the next 12 months or when a railway company discontinues use of a rail line. This eliminates interruptions of road traffic and improves efficiency by removing the requirement for road users to be aware of trains when there is no possibility of a train passing over the crossing. Resumption of Use of Railway Tracks: Policy (ss.12 & 36) A railway company or road authority that decides to resume the use of a grade crossing must replace or uncover the grade crossing signs and signals and ensure that the crossing meets the appropriate standards while also conducting grade crossing safety documentation. 26
OTHER TECHNICAL COMPONENTS Train Whistling: Policy s.35/crrgcs s.16 The Policy outlines enforceable anti-whistling requirements. When the Regulations come-into-force, it will be prohibited to enact anti-whistling at grade crossings that do not meet the following requirements: The applicable grade crossing safety documentation has been completed; Public crossings shall have FLB, FLBG, Z-barriers and guide fencing (as required) (similar to Guideline No. 1); All crossings shall meet the standards applicable to them under the Policy prior to anti-whistling being enacted; Operating control circuits of grade crossing warning systems must be upgraded to CRRGCS s.20; Additional signage on road approaches may be required to provide for the orderly flow of traffic over the crossing; Traffic signals on the road approaches shall be preempted, as required, as per CRRGCS s.15.1 There is no recurrent failure by grade crossing users to observe the grade crossing warning systems in the area; and There is no recurrent unauthorized access to the line of railway in the area. Train Operations: Policy (ss.37-38) It will be prohibited for railway equipment (when road users require passage): to stand or switch on a public grade crossing for a period longer than 5 minutes; to obstruct the public grade crossing, or cause it to be obstructed, for a period longer than ten minutes; to stand so as to cause the unnecessary operation of a grade crossing warning device; to stand so as to unnecessarily interfere with the sightlines of a train approaching the public grade crossing on another track; and to be left unattended while interfering with the sightlines of a train approaching the public grade crossing on another track. Employees of the railway company must clear any grade crossing when an emergency vehicle requires passage. 27
NEXT STEPS Complete external consultations Review results of consultations Summary Report Review and update the Railway-Roadway Grade Crossings Policy Pre-publication in Canada Gazette, Part I the Policy becomes a regulatory proposal 90-day consultation period Publication in Canada Gazette, Part II the regulatory proposal comes-into-force as a regulation 28
THANK YOU Thank you for your continued support in the development of the Railway-Roadway Grade Crossings Regulations. Keep an eye on our website for updates at: www.tc.gc.ca/gradecrossingsconsultations 29