railroad industry is 175 years old and grade-crossing issues
are part and parcel of that industry. In 1910, the Interstate
Commerce Commission began publishing detailed statistics
on railroad operations. Federal involvement in grade-crossing
safety began in the 1920’s and following related
federal legislation in 1970 and 1973, comprehensive grade-crossing
statistics, research and reports became available to the
general public. Grade-crossing information readily available
to railroads leads to the conclusion that the industry
knew the following facts pertaining to developing the positions
that: (1) for the most part, grade-crossing safety is a
highway issue (2) railroads have no responsibility for
identifying safety needs at grade crossings and rectifying
those needs, and (3) in virtually all cases, the victims
are at fault for their respective collisions:
have been granted by the public, exclusive licenses
to operate through public property and roads.
- In obtaining
such operating authority, railroads have also been
granted the right-of-way, thereby not having to slow
down or stop for approaching motor vehicles.
history, railroads have received significant public
assistance and even currently, have special legislative
provisions not available to other industries.
- In that
railroads are privately owned entities crossing through
public roadways (grade crossings), they share ownership
of these crossings with pubic road authorities.
- Most grade
crossings are "passive" in that they are
not equipped with automated gates and flashing lights.
- The overwhelming
majority of passive crossings have crossbucks, which
are to be interpreted by approaching motorists as “yield” signs.
studies and data distributed by the Federal Railroad
Administration conclude that on a unit-of-traffic basis,
passive crossings are much more dangerous to motorists
than are gated crossings.
have a greater chance of colliding with trains at passive
crossings where: (1) their sight is obstructed by vegetation
or other structures (2) the geometric design of the
crossing inhibits motorists’ ability to see approaching
trains (3) the track structure is elevated (4) the
crossing is in poor physical condition (5) the locomotive
warning device is not properly sounded, and (6) trains
block the crossing at night and/or for unreasonable
periods of time. Improper train operations also contributed
to grade-crossing accidents.
collisions often result in death and/or serious injury
to motorists, but rarely to on-train personnel.
- In 1973,
the federal government formalized a grade-crossing
assistance program that has since allocated billions
of dollars to States in order to upgrade safety devices
at grade crossings.
- The federal
program does not preclude railroad from determining
on their own, safety needs at grade crossings.
- The federal
program does not preclude railroads from installing
and/or funding improved safety devices at grade crossings,
as long as the devices conform to national engineering
- While the
federal program is a significant factor behind the
overall improved safety record at railroad crossings,
it is limited in regard to: (1) level of funding (2)
method of allocating funds to States (3) level of staff
personnel (4) identification of safety needs, and (5)
installation of adequate safety devices.
- State governments
have also contributed monies for grade-crossing improvements,
but at a far more modest level than the federal government.
- The formula
used by States to rank the relative dangers of grade
crossings is generally the formula recommended, but
not required, by the Federal Railroad Administration.
It is largely based on train and motorist traffic volumes
(also includes number of track and accidents in prior
five years), and does not quantify such factors as
motorist sight obstructions.
- In 1985,
the Federal Highway Administration recommended a set
of motorist adequate sight lines at grade crossings,
matched to the speed of trains and motor vehicles.
- These federally
recommended sight lines were adopted, with some modifications,
by the American Association of State Highway and Transportation
Officials, and remain in place to this day as generally-accepted
the national standards, federal law does not directly
address the issue of motorist sight obstructions, but
rather focuses on railroad vegetation that may block
the sight of railroad signs, signals and/or employee
there are very few States that have laws that address
motorist sight obstructions at railroad crossings.
sight distances remain as a contributory factor to
ultra-dangerous grade crossings and ensuing collision,
as evidenced by: (1) observations of various parties,
including myself, but especially local residents (2)
judicial decisions in favor of plaintiffs (3) a 1998
study of the National Transportation Safety Board that
concluded that motorist sight obstructions existed
at 57% of the grade crossings studied, and (4) State
authorities that cite sight obstructions as a factor
in determining the need for automated gates and lights.
- There is
little, if any, organized public pressure to more effective
and/or efficient safety at grade crossings, and
- If things
remain as they are, sight obstructions and other deficient
conditions at grade crossings will continue to exist,
and motorists will be killed and injured in collisions.