130MM wrote:CSX Conductor wrote:Just another case where the railroad is running "with it's tail between it's legs" and bending over backwards to satisfy the NIMBY's at whatever expense $$-wise, instead of just saying "Who was here first, you or the railroad?!?"
Just so you know: in Massachusetts the jurisdiction lies with the state DTE (used to be the DPU). They control a lot of the issues at crossings, i.e. blowing whistles or not (at least until the FRA finally puts their regulations into effect), placement of gates and flashers, etc. etc. The railroad has very little control over the issues.
I remember when the Newburyport Extention was being put into service the DPU inspector standing in the middle of the street saying, "Move that lens. And I can't see that lens."
And because a lot of these towns are very old most of these streets were indeed there before the railroad was built.
I don't know enough about how the new FRA regs will effect all of this, but there's also the issue of intra-state versus inter-state railroads. I recall in the 1990's the state of Florida tried implementing a nighttime horn ban statewide. The only roads affected were the Florida East Coast and shortlines...CSXT, NS, and the BN all objected, saying tht since they were interstate carriers, the state of Florida had no jurisdiction over them. For several years, there were no horns on the FEC in Jacksonville (or elsewhere on the railroad) at night, but across town, CSXT used them 24 hours a day.
Eventually, though, I believe the Feds ordered Florida to remove the ban. Not sure how that was accomplished, but it only lasted a few years.
I'm assuming that there is a similiar answer to why on MBTA property there are so many horn bans, whereas the one place with grade crossings that the T runs on someone else's road (Framingham line) they do blow for crossings.