CITY OF CHILLlWACK OFFICE OF THE MAYOR

Transcription

1 CITY OF CHILLlWACK OFFICE OF THE MAYOR April 18, 2007 Railway Safety Act Review Secretariat Suite Elgin Street Ottawa, Ontario K2P 2K3 Re: Railway Safety Act Review Dear Madam or Sir: The City of Chilliwack, British Columbia, has prepared the following written submission to the Railway Safety Act Review Secretariat for consideration by the review panel. The City of Chilliwack was bisected by the Canadian National Railway in 1926, approximately 55 years after the community was incorporated. The operation of the Canadian National Railway creates issues that affect all the residents and visitors to Chilliwack. This submission will focus on four critical important issues, which could be affected by modifications to the Rail Safety Act. The first issue of this submission is train speed. In Chilliwack the main line track speed is set at 65 miles per hour for freight and 70 miles per hour for passenger trains. It is our opinion that this speed is too high. The City of Chilliwack has many locations where residential land use, road systems and business activities are affected negatively by the high train speed. The vibration, noise and flying debris from the train are common complaints from citizens. The railway land containing the track is 80 to 100 feet wide which is insufficient width to contain the effect of a train at this speed. I would suggest the railway lands be expanded to create a more appropriate separation buffer, or, that train speed be regulated to a lower speed more appropriate for the existing corridor width. The second issue of this submission is the release of coal dust from passing freight trains. Residents of the City of Chilliwack have been vocal in their dissatisfaction regarding the continuous release of coal dust from passing freight trains. The dust is leaving the railway lands, and settling on the homes and properties of residents who live near by. Canadians several towns have out of frustration organized to form a class action law suit against the railway companies. in.../ Young Road, Chilliwack, British Columbia V2P 8A4 Phone: (604) Fax: (604)

2 c April 18, 2007 Railway Safety Act Review Secretariat Page Two This action comes after years of writing, speaking and calling about the issue. The railway companies and coal producers have been insufficiently motivated to contain this harmful good within their train car, or even within their own lands. In addition to the alarming health issues created by this release there are significant environmental impacts created. I suggest the Railway Safety Act be amended to force a change in railway operation arresting the release of coal dust from passing trains. The third issue of importance for residents of Chilliwack is trespass. Railway operations represent specialized transportation industrial activities which manifest hazardous conditions for pedestrians. The City has been active on the national working group, crafting draft regulations to control access to railway lands. To date the out come has been disappointing, due mainly to limitations in the Rail Safety Act. In 2002 the City wrote to Transport Canada expressing concern about the proposed access control regulations, a copy of that letter is attached. I request the Rail Safety Act be amended to require railway operation to properly fence their lands to protect the public from this hazardous industrial activity. The fourth issue included in this submission involves the condition of rail crossings, particularly as they relate to pedestrian use. In 2006 Mr. Rod Sanderson, our Manager of Transportation and Drainage, co-authored a paper with Mr. Ron Mitchell of Transport Canada, for presentation at the 9th International Level Crossing Safety and Trespass Prevention Symposium held September 2006 in Montreal. The paper concluded with a recommendation to improve the rail crossing standard document RTD-10 to better protect and support pedestrian users of rail crossings. A copy of the paper and the symposium presentation is attached. In closing I recommend the review panel consider amendments to the Rail Safety Act that address the four issues of train speed, coal dust release, trespass, and rail crossing standards. If you have questions about this submission, please call the City of Chilliwack, Engineering Department at (604) Enclosures: Letter to Transport Canada Paper and symposium presentation ifioljl

3 \ Public Notice Railway Safety Act Review Public Consultation Meeting The Government of Canada is committed to the safety of railway activities in Canada and is now conducting a review of railway, safety to determine what will be needed to continue to provide a high level of safety within Canada's rail sector. The Railway Safety Act Review Advisory Panel wants to hear from people and organizations about the working and overall efficiency of the Railway Safety Act. You can share your views about railway safety in Canada by making a written submission to the Railway Safety Act Review Advisory Panel. The Consultation Guidance Document is available on the Railway Safety Act Review website to help you prepare your submission. Interested persons may also present their submissions at an upcoming public consultation meeting. Observers are also welcome. Location: Marriott Pinnacle Downtown 1128 West Hastings Street Vancouver, BC Date: May 14, 2007 Please note: To be considered, written submissions must be received by Transport Canada by April 30, For more information and to register to present at or observe the public meeting, please visit Examen_LSF/. You may also contact us by at. RailwaySafetyActReview@tc.gc.ca or by calling

4 Page Two Rail Safety - Transport Canada November 21, "The Supreme Court of Canada applied this law in a case known as Veinot vs. Kerr Addison Mines Ltd. 1975SCR. The Court held that an owner or occupier of land owes a duty to a trespasser whose presence on the land is known, or of whose presence the owner or occupier ought to have known. The duty is not to take reasonable care for the safety of the trespasser, but to act in a humane manner. This may require the owner or occupier to take steps to enable a trespasser to avoid danger of which the owner or occupier is aware. In the case of adults a warning sign is sufficient. In the case of children more is required and will depend on the circumstances of each case." This material was taken from a letter to the City of Chilliwack from Mr. Donald Lidstone of Udstone, Young Anderson, Barristers and Solicitors. This body of legal precedence would suggest that the duty and responsibility for signage and access control lay with the railway company. So why do these regulations direct a shared arrangement? 5. The regulations, if they proceed have a host of other small errors, including the differentiation between farm land and other land, now that the treatment is the same. 6. The attached photograph illustrates an existing crossing in Chilliwack aptly showing the large open tract of CNR land. The bottom photo illustrates a City suggestion to the CNR for proper treatment of their land. This road interface fence concept is a City of Chilliwack concept which we encourage Transport Canada and CNR to embrace and use throughout the counti)' in locations where the hazardous rail activity poses a danger to pedestrians.._:,~......:., d':'"::;- - In conclusion, the railway represents a hazard to the PVblic and must be proteged. This. protection must coille from the-railway only as the adjoining-land owner has played no part in creating the hazardous condition. Yours truly, R.E.G. Sanderson, A.Sc.T. Manager of Transportation and Drainage REGS:mek

5 Branding of Highway Rail Intersections for Pedestrians Users R.E. Mitchell. P. Ena. Transport Canada R. Sanderson. A.Sc.T.. City of Chilliwack Introduction: Trains and pedestrians don't mix. As city streets become busier and the nations' railways carry more frequent trains the need to communicate and direct becomes more urgent. Across this nation rail crossings are receiving increased attention focused on improving the safety conditions for vehicle drivers and occupants. The need to improve conditions for the pedestrian has received little attention when compared to roadway intersection standards. This paper is intended to illuminate the current shortfall in safety related conditions road/road intersections, specifically as it relates to pedestrian road users. between road/rail and Pedestrian Guidance: Road intersections have evolved to include and provide for the needs of pedestrians. These include design elements specifically targeted towards pedestrians and the guidance needed to ensure safe passage. At most intersections this guidance is subtle, often utilizing the visual senses taking advantage of the two most common roadway building materials, concrete and asphalt. Figure 1 The photograph, Figure 1, illustrates 1 the concrete/asphalt boundary, which has been used in the Canadian urban environment to communicate the transition between the pedestrian and vehicle realm. Of note in the photograph is the added feature of the wheelchair ramp, which provides distinct surface feature guidance to pedestrians, working in harmony with the painted white lines describing the crosswalk. 1 Figure 1 is a photograph of the intersection of First Avenue and Spadina Avenue in the City ofchilliwack, BC. Page 1 of 5

6 Branding of Highway Rail Intersections for Pedestrians Users By comparison the rail crossing signal system illustrated in Figure 2 provides no specific pedestrian information. The crossing gate, intended to prevent the passage of vehicles, is inappropriate when intended to communicate with pedestrians. The draft standard RTD-10 includes only for vehicle style signals, often resulting in little or no signal infoimation reaching pedestrians traveling in the opposite direction to vehicles. The photograph in Figure 4 illustrates the pedestrian view when traveling against the flow of vehicle traffic. When the railway crossing is occupied by a train, the signal system is hidden from pedestrians. With no signal and no instruction on where to stand, pedestrians often wait too close to. the moving train, even standing on one track while waiting for the passage of a train on the other. Fencinq: The final point relating to pedestrian guidance deals with the public road crossing of the private rail lands. In this case lands owned by Canadian National Railway, as an example the crossing in Figure 2, Broadway Street will be used. The pedestrian receives little help in understanding the hazards and private property status inherent in the CN lands. By way of comparison private property abutting a road elsewhere within the City of Chilliwack is often fenced when property owners desire to limit unwanted pedestrian access. The photograph in Figure 55 is a currently abandoned commercial property, formerly a gas station that has been fenced by the owner to prevent unwanted pedestrian access. Figure 5 5 Figure 5 is a photograph of property Yale Road, City ofchilliwack, BC Page 3 of 5

7 Branding of Highway Rail Intersections for Pedestrians Users Conclusion: Rail crossings and road intersections share many common design elements and motorist guidance devices. Where they differ, to the detriment of our communities, is in the messaging to pedestrians. Pedestrians share the public roads with vehicles and are provided guidance, information, illumination, safe refuge and direction at road intersections, while many rail crossing intersections are deficient. To improve rail crossing conditions, issues of guidance and direction must be improved to communicate directly with pedestrian road users. The proposal of fencing the road right of way edge where rail land is encountered would improve pedestrian guidance and provide opportunities to communicate to the community on broader issues of trespass. The current draft version of RTD-10 provides little guidance for the inclusion of signal beacons directed at pedestrian users. Lessons learned by road intersection designs could be borrowed to incorporate pedestrian specific signal messages. This would assist pedestrians by alerting them when not to cross, (example when lights are flashing and arms are beginning their descent), and where to stand while waiting for the train to cross. Recommendations: That the Canadian Standards document for grade crossing guidelines, include: titled RTD 10 be modified to 1. Inclusion of pedestrian specific signal for all crossings, which include automated vehicle warning systems. 2. Inclusion of a fencing requirement at the road rail interface to restrict and discourage pedestrian access to railway lands 3. Standards for road marking include specific pedestrian guidance devices to aid in safe crossing. Page 5 of 5

8

9

10

11

12

13

14

15

16

17