Cosmo wrote:Doesn't matter.
NORAC rules do not require a whistle sounded at private crossings.
NORAC may not, but the FRA
might have some input on the matter. [
Note the word might.]
On the [b][color=#0000cc][url=http://www.fra.dot.gov/Pages/1773.shtml]FRA Train Horn Rule Fact Sheet page, The FRA[/url][/color][/b] wrote:
Sounding the Locomotive Horn: Under the Train Horn Rule, locomotive engineers must sound train horns for a minimum of 15 seconds, and a maximum of 20 seconds, in advance of all public grade crossings, except:
If a train is traveling faster than 45mph, engineers will not sound the horn until it is within ¼ mile of the crossing, even if the advance warning is less than 15 seconds.
If a train stops in close proximity to a crossing, the horn does not have to be sounded when the train begins to move again.
There is a "good faith" exception for locations where engineers can’t precisely estimate their arrival at a crossing.
Wherever feasible, train horns must be sounded in a standardized pattern of 2 long, 1 short and 1 long. The horn must continue to sound until the lead locomotive or train car occupies the grade crossing.
For the first time, a maximum volume level for the train horn has been established at 110 decibels. The minimum sound level remains 96 decibels. Railroads have until 2010 to fully comply with the maximum volume level requirement.
This does use the word
"public" and the driveway would obviously be
"private" so it probably can argued that the rule therefore does not apply.. I wonder how the relevant liability insurer would look at it.
ADDENDUM
Okay, after some further looking, It would appear that the rule is indeed
not applicable to
private crossings:
In the [b][color=#0000cc][url=http://www.fra.dot.gov/downloads/Safety/train_horn_rule/FAQ4.pdf]FRA Train Horn Rule Frequently Asked Questions Dec 2003 Interim Final Rule, The FRA[/url][/color][/b] wrote:
4. Private Crossings
4.1 How are private crossings treated under the rule?
This regulation does not address the use of horns at private crossings except when those private crossings are within a quiet zone. (Section 222.3)
FRA will not at this time require that the locomotive horn be sounded at private highway-rail crossings. Whether horns must be sounded at such crossings will remain subject to state law (if any) and railroad operating rules. FRA, by not applying this rule to private crossings which are not in quiet zones, has left States free to require the sounding of locomotive horns if it is deemed necessary or appropriate.
At a minimum, private crossings within a quiet zone must be equipped with crossbucks and “STOP” signs conforming to the standards of the Manual on Uniform Traffic Control Devices (MUTCD), together with advance warning signs.
Private grade crossings that allow access to the public, or that provide access to active industrial or commercial sites, may be included in a quiet zone only if a diagnostic team evaluates the crossing(s) to determine whether the institution of the quiet zone will significantly increase the risk of collision at the private crossing. The crossing must then be equipped or treated in accord with the recommendations of the diagnostic team. (Section 222.25)
So I guess I stand corrected [and "self corrected" as to the FRA's involvement]..
DISCLAIMER: I'm no lawyer nor do I play one on TV and NO, I didn't stay at a Holiday Inn Express last night...
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Seen behind the motorman on the inside wall of a PCC departing "Riverside" many years ago: "Pickpockets are on duty for your convenience."