Locomotive Horn Rule Regulations

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Locomotive Horn Rule Regulations

• Grade Crossing Safety Workshop
• Billings, MT
• March 2006

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222.1 Purpose of the Regulation

• Provide for safety at public highway-rail grade
  crossings by requiring locomotive horn use
• Except in quiet zones established and maintained
  in accordance with this part

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222.3 Areas Covered

• Sounding locomotive horns when locomotives
  approach and pass through public highway-rail
  grade crossings
• Creation and maintenance of quiet zones

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222.5 Application

• Applies to all railroads except
• A railroad - freight trains only on track which
  is not part of the general system
• Passenger railroads - on track which is not part
  of the general system - maximum speed of 15 mph
• Rapid transit operations within an urban area
  that are not connected to the general railroad
  system of transportation.

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Applies to Rapid Transit Operations

• Share grade crossings with conventional railroads
  in a common corridor
• Share track with conventional railroads.

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222.7 Effect on State and Local Laws and
Ordinances

• Preempts any State law, rule, regulation
• Except an additional or more stringent law,
• Necessary to eliminate or reduce an essentially
  local safety hazard
• Is not incompatible with a law, regulation, or
  order of the United States government and
• Does not unreasonably burden interstate commerce.

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222.7 Private Crossings

• Does not cover routine sounding of locomotive
  horns at private highway-rail grade crossings.
• State law is applicable
• Private crossings in QZs discussed later

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222.9 Definitions
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Locomotive

• A piece of on-track equipment other than hi-rail,
  specialized maintenance, or other similar
  equipment
• (1) designed for moving other equipment
• (2) designed to carry freight or passenger
  traffic or both or
• (3) without propelling motors but with one or
  more control stands (e.g. cab car).

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Locomotive Horn

• A locomotive air horn, steam whistle, or similar
  audible warning device mounted on a locomotive or
  control cab car.
• locomotive horn, train whistle, locomotive
  whistle, and train horn

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Private Highway-rail Crossing

• A highway-rail at grade crossing which is not a
  public highway-rail grade crossing.
• For the purpose of this rule only.

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Public Authority

• The governmental jurisdiction responsible for
• safety and maintenance of the roadway crossing
  the railroad tracks at a public crossing.
• Includes the traffic control authority or law
  enforcement authority,

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Public Highway-rail Grade Crossing

• A location where a public highway, road, or
  street, including associated sidewalks or
  pathways, crosses one or more railroad tracks at
  grade.
• A public authority maintains the roadway on at
  least one side of the crossing
• For this rule only.

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Quiet Zone

• A segment of a rail line, within which is
  situated one or a number of consecutive public
  highway-rail crossings at which locomotive horns
  are not routinely sounded.

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Wayside Horn

• A stationary horn located at a highway rail grade
  crossing that provides audible warning to
  oncoming motorists of the approach of a train.

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222.11 Penalties

• Civil penalty of least 500 and not more than
  11,000 per violation
• Willful violations - created an imminent hazard
  of death or injury to persons, or has caused
  death or injury, a penalty not to exceed 22,000
• Falsifies a record or report required by this
  part may be subject to criminal penalties under
  49 U.S.C. 21311.

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222.13 Who Must Comply

• Any person that performs any function covered by
  this rule. This includes
• A railroad
• Contractor for a railroad
• Local or State governmental entity

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222.15 Waivers

• 2 parties must jointly file for a waiver.
• Railroad
• Public authority
• If no agreement to file a joint petition
• either party may file
• the filing party must specify the steps taken in
  an attempt to reach agreement.
• the other party must get a copy of the petition
  filed with FRA.

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222.15 Waivers

• Filed in accordance with 49 CFR part 211.
• If in the public interest and consistent with the
  safety of highway and railroad users, the
  Administrator may grant the waiver subject to any
  conditions the Administrator deems necessary.

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222.21 Locomotive Horn Use

• When such locomotive or lead car is approaching
  and passes through each public highway-rail grade
  crossing.
• Pattern - two long, one short, and one long
• Repeated or prolonged until the locomotive or
  train occupies the crossing.
• This pattern may be varied as necessary where
  crossings are spaced closely together.

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222.21 Locomotive Horn Use

• Sounded at least 15 seconds, but no more than 20
  seconds, before the locomotive enters the
  crossing
• Not sounded more than one-quarter mile (1,320
  feet) in advance of the nearest public
  highway-rail grade crossing.
• Not distance based but time based

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222.23 Emergency Situations

• May sound the locomotive horn to provide a
  warning to vehicle operators, pedestrians,
  trespassers or crews on other trains in an
  emergency situation
• Locomotive engineers sole judgment
• To prevent imminent injury, death or property
  damage.

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222.23 Emergency Situations

• The does not prohibit the sounding of locomotive
  horns in emergency situations.
• It does not impose a legal duty to sound the
  locomotive horn in such situations.
• Even in QZs, more than ¼ mile or with wayside
  horn at crossing.

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222.23 Emergency Situations

• Horns will sound in quiet zones if
• Automatic warning devices not properly
  functioning (Part 234)
• Provide warning to roadway workers (Part 214)

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222.25 Private Crossings

• Does not require the horn at private crossings
• Does not affect state laws regarding private
  crossings
• May be included in a QZ horns silent

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222.33 No Horns at Individual Crossings

• A railroad may, at its discretion, cease the
  sounding of the locomotive horn if
• Speed is 15 miles per hour or less, and
• and train crew members, or appropriately equipped
  flaggers flag the crossing to provide warning of
  approaching trains to motorists.
• Not if automatic warning devices fail (Part 234)

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222.59 Wayside Horn

• May be used in lieu of a locomotive horn at any
  grade crossing equipped with gates
• May be installed within a quiet zone.
• Included in measuring the length of a QZ
• A grade crossing equipped with a wayside horn
  shall not be considered in calculating the QZRI
  or CCRI.
• Must comply with Appendix E

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222.59 Wayside Horn

• In a QZ, the crossing must be identified by both
  the Inventory Number and name in its notice.
• Outside a QZ provide FRA and railroad(s)
• Written notice that a wayside horn is being
  installed
• Operational date
• Identified by both Inventory Number and name.
• Provide notification at least 21 days in advance

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222.59 Wayside Horn

• Railroad operating over a grade crossing
• In a quiet zone shall cease routine locomotive
  horn use at the grade crossing.
• Outside of a quiet zone may cease routine
  locomotive horn use by agreement with the public
  authority.

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Appendix E - Requirements for Wayside Horns

• Crossing has constant warning time device, if
  reasonably practical, and power-out indicator
• Horn system has an indicator to notify the
  engineer that the wayside horn is operating as
  intended
• Allow engineer to sound the locomotive horn for
  at least 15 seconds prior to arrival at the
  crossing in the event the wayside horn is not
  operating as intended

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Appendix E - Requirements for Wayside Horns

• Railroad must provide that the train horn be
  sounded if the wayside horn indicator is not
  visible, or does not indicate that the system is
  operating as intended
• Provide a minimum of 96 and a maximum of 110
  dB(A) when measures 100 feet from the horn in the
  direction it is installed

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Appendix E - Requirements for Wayside Horns

• Must sound at least 15 seconds prior to the
  trains arrival at the crossing and while the
  lead locomotive is traveling across the crossing.
• May begin to sound simultaneously with activation
  of the flashing lights or descent of the crossing
  arm
• Horn shall be directed toward approaching traffic

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229.129 Audible Warning Device

• Each lead locomotive shall have an audible
  warning device
• Minimum sound level of 96dB(A) and
• Maximum sound level of 110 dB(A)
• At 100 feet forward of the locomotive in its
  direction of travel.
• Conveniently operated from the engineers usual
  position during operation of the locomotive.
• Does not apply to rapid transit operations

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229.129 Audible Warning Device

• Testing requirements
• Locomotives built on 12/18/04 and later must
  comply immediately
• Locomotives built before 12/18/04 must comply by
  12/18/08
• Test and must comply when locomotives are rebuilt

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229.129 Audible Warning Device

• Testing Procedures
• Site free of buildings, hills, cars, etc.
• 400 feet in front of locomotive
• 200 feet to the sides of locomotive
• Temperature between 36 and 95 degrees
• Microphone 15 ft ATR on centerline of track