WSBT-TV 22: Railroad crossing rule changes spark debate; Safety, efficiency concerns
SOUTH BEND, Ind. (WSBT) — Changes could be on the horizon when it comes to stopping at certain railroad crossings in the U.S.
The Federal Motor Carrier Safety Administration (FMCSA), a sub-agency of the U.S. Department of Transportation, is considering amending the regulations for certain commercial vehicles when stopping at railroad-grade crossings.
Currently, buses transporting passengers and commercial vehicles hauling hazardous materials are required to stop before crossing a railroad track unless an exemption applies.
The FMCSA is considering making it so those vehicles would not have to stop if the crossing’s warning devices, such as bells, lights and gates, aren’t in an activated state.
“There’s always a baseline standard, but we can always go beyond that,” said Patrick O’Brian with Royal Excursion, which operates more than 100 vehicles consisting of charter buses, interurban trollies and para-transit vans.
O’Brian oversees safety, compliance and driver training for Mishawaka-based Royal Excursion.
Changes could be on the horizon when it comes to stopping at certain railroad crossings in the U.S. (WSBT Video)
He said the current law states that if a bus doesn’t have any passengers on board, it’s not required to stop.
But some companies, including Royal Excursion, still stop regardless.
O’Brian said Royal Excursion drivers would continue to stop if the signals aren’t activated if the proposed changes go into effect.
“We would still maintain the stopping at all railroads only because for one thing, it builds a habit for the driver regardless of whether they have passengers on or not,” said O’Brian.
In a statement to 22 Investigates, the FMCSA said the proposal “seeks to better align federal rules with current state laws, improve traffic flow, and reduce unnecessary stopping at crossings deemed safe by engineering standards.”
In 2018, the FMCSA initiated a study on the impact of the regulations that are currently on the books.
“The findings of that study were that, in the FMCSA’s view, there would be a net decrease in accidents caused at rail crossings,” said Chris Eckhart, who specializes in Department of Transportation safety and hazardous materials compliance for the law firm Scopelitis.
Eckhart said the 2018 study could be influencing this proposed change.
In the public comment period that closed on July 29th, several school districts, transportation companies, and organizations with ties to the railroad industry weighed in, citing safety concerns in arguments both for and against the changes.
The Brotherhood of Locomotive Engineers and Trainmen, representing more than 31,000 of them, called the proposal “misguided and unsafe” and strongly urged the FMCSA “to withdraw this rulemaking.”
The National Tank Truck Carriers (NTTC) took a different view, writing this reform would “prioritize highway safety with the added benefits of delay reduction and congestion mitigation,” adding that a collision between a tank truck and a train is substantially lower than the likelihood of a rear-end collision.
The NTTC pointed to distracted driving in its written statement as being more of an issue, which is also something O’Brian has noticed in his career in the bus industry.
“People just really are doing so many things driving down the road except the thing that they should be focused on, which is the number one thing; driving,” said O’Brian.
Eckhart said it remains to be seen what would happen if the proposed changes take effect and state laws aren’t updated to reflect the new federal standard.
“The FMCSA, the federal government, could theoretically issue proceedings to pre-empt those state laws, or it could withhold federal funding, or at least threaten to withhold federal funding,” said Eckhart.
22 Investigates reached out to several local school districts about the proposed change, but many declined to comment.
Transpo, the city bus service in South Bend, issued a statement saying:
“These changes are expected to have minimal impact on our current service. At Transpo, passenger safety is always our top priority. We are committed to keeping our employees informed and well-trained on any new regulations that may take effect. Additionally, we will carefully review all rule changes to ensure they continue to support the highest level of safety for our passengers.”
Eckhart said the next step in the process is for the FMCSA to review the submitted comments. If the agency wants to go forward, the proposal will go through other agencies before being finalized and adopted.
***
Story and corresponding video were originally published on WSBT-TV 22 Reporter Aaron Leedy: https://wsbt.com/news/22-investigates/railroad-crossing-rule-changes-spark-debate-over-safety-efficiency-concerns-federal-moto-carrier-safety-administration-us-department-of-transportation-buses-stop-signals
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
WSBT-TV 22: Railroad crossing rule changes spark debate; Safety, efficiency concerns
SOUTH BEND, Ind. (WSBT) — Changes could be on the horizon when it comes to stopping at certain railroad crossings in the U.S.
The Federal Motor Carrier Safety Administration (FMCSA), a sub-agency of the U.S. Department of Transportation, is considering amending the regulations for certain commercial vehicles when stopping at railroad-grade crossings.
Currently, buses transporting passengers and commercial vehicles hauling hazardous materials are required to stop before crossing a railroad track unless an exemption applies.
The FMCSA is considering making it so those vehicles would not have to stop if the crossing’s warning devices, such as bells, lights and gates, aren’t in an activated state.
“There’s always a baseline standard, but we can always go beyond that,” said Patrick O’Brian with Royal Excursion, which operates more than 100 vehicles consisting of charter buses, interurban trollies and para-transit vans.
O’Brian oversees safety, compliance and driver training for Mishawaka-based Royal Excursion.
Changes could be on the horizon when it comes to stopping at certain railroad crossings in the U.S. (WSBT Video)
He said the current law states that if a bus doesn’t have any passengers on board, it’s not required to stop.
But some companies, including Royal Excursion, still stop regardless.
O’Brian said Royal Excursion drivers would continue to stop if the signals aren’t activated if the proposed changes go into effect.
“We would still maintain the stopping at all railroads only because for one thing, it builds a habit for the driver regardless of whether they have passengers on or not,” said O’Brian.
In a statement to 22 Investigates, the FMCSA said the proposal “seeks to better align federal rules with current state laws, improve traffic flow, and reduce unnecessary stopping at crossings deemed safe by engineering standards.”
In 2018, the FMCSA initiated a study on the impact of the regulations that are currently on the books.
“The findings of that study were that, in the FMCSA’s view, there would be a net decrease in accidents caused at rail crossings,” said Chris Eckhart, who specializes in Department of Transportation safety and hazardous materials compliance for the law firm Scopelitis.
Eckhart said the 2018 study could be influencing this proposed change.
In the public comment period that closed on July 29th, several school districts, transportation companies, and organizations with ties to the railroad industry weighed in, citing safety concerns in arguments both for and against the changes.
The Brotherhood of Locomotive Engineers and Trainmen, representing more than 31,000 of them, called the proposal “misguided and unsafe” and strongly urged the FMCSA “to withdraw this rulemaking.”
The National Tank Truck Carriers (NTTC) took a different view, writing this reform would “prioritize highway safety with the added benefits of delay reduction and congestion mitigation,” adding that a collision between a tank truck and a train is substantially lower than the likelihood of a rear-end collision.
The NTTC pointed to distracted driving in its written statement as being more of an issue, which is also something O’Brian has noticed in his career in the bus industry.
“People just really are doing so many things driving down the road except the thing that they should be focused on, which is the number one thing; driving,” said O’Brian.
Eckhart said it remains to be seen what would happen if the proposed changes take effect and state laws aren’t updated to reflect the new federal standard.
“The FMCSA, the federal government, could theoretically issue proceedings to pre-empt those state laws, or it could withhold federal funding, or at least threaten to withhold federal funding,” said Eckhart.
22 Investigates reached out to several local school districts about the proposed change, but many declined to comment.
Transpo, the city bus service in South Bend, issued a statement saying:
“These changes are expected to have minimal impact on our current service. At Transpo, passenger safety is always our top priority. We are committed to keeping our employees informed and well-trained on any new regulations that may take effect. Additionally, we will carefully review all rule changes to ensure they continue to support the highest level of safety for our passengers.”
Eckhart said the next step in the process is for the FMCSA to review the submitted comments. If the agency wants to go forward, the proposal will go through other agencies before being finalized and adopted.
***
Story and corresponding video were originally published on WSBT-TV 22 Reporter Aaron Leedy: https://wsbt.com/news/22-investigates/railroad-crossing-rule-changes-spark-debate-over-safety-efficiency-concerns-federal-moto-carrier-safety-administration-us-department-of-transportation-buses-stop-signals
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.