Monica Meissner - IDOT Letter - Train Speed
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October 21, 1999
Monica Meissner
1902 Garfield Avenue
Dubuque, Iowa 52001
Dear Ms. Meissner
Your letter addressed to Richard E. Kautz, P.E., Development Engineer at the
Iowa Department of Transportation has been forwarded to me for response.
The Iowa Department of Transportation, Office of Planning Services, is
responsible for the regulation of railroads operating in Iowa When possible, the
Department helps parties involved in complaints, disputes, or controversies,
reach informal settlements before it becomes necessary to conduct formal
hearings.
Complaints, disputes, or controversies, may include such matters as railroad
fencing, public and private crossing issues, eminent domain, city ordinances
(speed) and spur track abandonment.
Should you need to file a complaint, it is necessary to include certain specific
information. We must have the name of the railroad (or its initials), and the
locomotive number if possible. We also need the location, the date and time of
day the event took place.
In relation to your mention of train speed. The Federal Railroad Administration
(FRA) has some regulatory authority pertaining to train speed. Under current
Track Safety Standards, FRA has only an indirect role in determining speed
limits. Railroads set train speed in their timetables or train orders. Once a
railroad sets a train speed, it must then maintain the track according to FRA
standards for the class of track that corresponds to that train speed. The signal
and train control regulations also fix limits on train speed based upon the type of
signal system that is in place. If the railroad fails to comply with track or signal
system requirements for speed at which trains are operated, the railroad is subject
to a penalty.
FRA's current regulations governing train speed do not afford any adjustment of
train speeds in urban settings or at grade crossings. This omission is intentional.
FRA believes that locally established speed limits may result in hundreds of
individual speed restrictions along a train's route, causing train delays and
increasing safety hazards. The safest train maintains 11 steady speed. Every time
a train must slow down and then speed up, safety hazards, such as buff and draft
forces, are introduced. These kinds of forces can enhance the chance of
derailment with the risk of injury to employees, the traveling public, and
surrounding communities.
FRA contends that Federal regulations preempt any local speed restrictions on
trains. Section 20106 of Title 49, United States Code declares that "laws,
regulations, and orders related to railroad safety shall be nationally uniform to the
extent practicable. A State may adopt or continue in force an additional or more
stringent law, regulation, or order related to railroad safety when the law,
regulation, or order is (1) necessary to eliminate or reduce an essentially local
safety hazard; (2) is not incompatible with a law, regulation, or order of the
United States Governmen~ and (3) does not unreasonably burden interstate
commerce. "
FRA's long-held belief that 49 CFR 213 preempts local speed laws was verified
by the U.S. Supreme Court in 1993 in the case CSX vs. Easterwood. The Court
held that legal duties imposed on railroads by a state's common law of negligence
fall within the scope of preemption provision of 49 U.S_C 20106, which
preempts any state "law, rule, regulation, order or standard relating to railroad
safety." The FRA holds railroads responsible for minimi:nng the risk of
derailment by properly maintaining track for the speed they set themselves. For
example, if a railroad wants its freight trains to operate at 59 In. p.a between two
certain locations, it must maintain the tracks between those locations to Class 4
standards.
In recent years, the FRA has encountered increasing pressure from communities
along railroads to set slower train speeds on main tracks located in urban areas.
They typically cite the inherent dangers of grade crossing, as well as the risk of
derailments of rail cars containing hazardous materials.
FRA has consistently maintained that the danger at rail crossings is a separate
issue from train speed. The physical properties of a moving train virtually always
prevent it from stopping in time to avoid hitting an object on the tracks
regardless of the speed at which the train is traveling. Prevention of grade
crossing accidents is more effectively achieved through the use of adequate
crossing protection and through observance by the driving public of crossing
restrictions and precautions. FRA continues to sponsor and support initiatives to
improve safety at grade crossings. These initiatives are geared toward enhancing
enforcement of traffic laws at crossings, closing unneeded crossings, expanding
public education and Operation Lifesaver activities, increasing safety at private
crossings, and preventing rail trespassing.
In January 1995, the FRA implemented regulations for maintenance, inspection
and testing of warning devices at crossing, such as lights and gates. The agency
also implemented regulations requiring certain locomotives to be equipped with
auxiliary lights making trains more visible to motorists, railroad employees, and
pedestrians. The FRA believes that these measures are more effective
approaches to enhancing safety at grade crossings than an attempt to design
speed limits for each geographic situation.
CLASSES OF TRACK: Operating speed limits
Class 1 track..............l0 m.p.h.
Class 2 track..............25 m.p.h.
Class 3 track..............40 m.p.h.
Class 4 track..............60 m.p.h.
Class 5 track..............80 m.p.h.
Please refer to Iowa Code Section 327F.31 (copy enclosed) pertaining to train
speed regulation.
327F.31 states: " An ordinance or resolution adopted by a political
subdivision of this state which relates to the speed of a
train in an area within the jurisdiction of the political
subdivision is subject to approval by the state department
f . "
o transportatIOn...........
In response to blocked public crossings. IowaCode Section 327G.32 (copy
enclosed) states:
"A railroad corporation or its employees shall not operate a train in
such a manner as to prevent vehicular use of a highway, street, or
alley for a period of time in excess of ten minutes......"
Please let me know if you have any questions regarding this information or if I
can be of further assistance.
Respectfully,
(l~~ / A~~
~es L. Gibson
Rail Regulation and Operations
Office of Planning Services
cc: list attached
~
cc: Richard E. Kautz, P.E.
Terry Duggan, Mayor
/Mike Van Milligan, City Manager
Beatrice M. Albert
Mr. & Mrs. Alfred McClain
Deb Minnick
Roseann McComish
Janet May
Marge Burkle
Shirley Kamentz
Margaret M. Feldner
Virginia Kieffer
William & Dorothy Kisting
Iowa Code 1999: Section 327F.31
http://www2.legis.state.ia.us/cgi-binlIACODE/CodeI999.pl
327F.31 Political subdivision ordinances.
An ordinance or resolution adopted by a political subdivision of this state which relates to the speed of a
train in an area within the jurisdiction of the political subdivision is subject to approval by the state
department of transportation. Any speed ordinance or resolution adopted by a political subdivision of
the state prior to July I, 1988, which has not been approved by the department shall be referred to the
department by the political subdivision and shall be in full force and effect upon approval of the
ordinance or resolution by the department. This subsection does not abrogate, modify, or alter any
historical or contractual agreement between a political subdivision of the state and a railroad corporation
in existence on July 1, 1975.
Section History: Recent form
88 Acts, ch 1 079, ~ 1
Previous Section 327F.30
Next Section 327F.32
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Last update: ThuMar 18 15:00:31 CST 1999
URL: /IACODE/1999/327F /31.html
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10/21/19992:57 PM
Iowa Code 1999: Section 327G.32
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http://www2.legis.state.ia.us/cgi-bin/IACODE/CodeI999.pI
327G.32 Blocking highway crossing.
· A railroad corporation or its employees shall not operate a train in such a manner as to prevent vehicular
use of a highway, street, or alley for a period of time in excess of ten minutes except in any of the
following circumstances:
1. When necessary to comply with signals affecting the safety of the movement of trains.
2. When necessary to avoid striking an object or person on the track.
3. When the train is disabled.
4. When necessary to comply with governmental safety regulations including, but not limited to speed
ordinances and speed regulations.
An officer or employee of a railroad corporation violating a provision of this section is, upon
conviction, subject to the penalty provided in section 327G.14. An employee is not guilty of a violation
if the employee's action was necessary to comply with the direct order or instructions of a railroad
corporation or its supervisors. Guilt is then with the railroad corporation.
Other portions of this section notwithstanding, a political subdivision may pass an ordinance regulating
the length of time a specific crossing may be blocked if the political subdivision demonstrates that an
ordinance is necessary for public safety or convenience. If an ordinance is passed, the political
subdivision shall, within thirty days of the effective date of the ordinance, notify the department and the
railroad corporation using the crossing affected by the ordinance. The ordinance does not become
effective unless the department and the railroad corporation are notified within thirty days. The
ordinance becomes effective thirty days after notification unless a person files an objection to the
ordinance with the department. If an objection is filed the department shall notify the department of
inspections and appeals which shall hold a hearing. After a hearing by the department of inspections and
appeals, the state department of transportation may disapprove the ordinance if public safety or
convenience does not require the ordinance. The decision of the state department of transportation is
final agency action. The ordinance approved by the political subdivision is prima facie evidence that the
ordinance is adopted to preserve public safety or convenience.
The department of inspections and appeals when considering rebuttal evidence shall weigh the benefits
accruing to the political subdivision as they affect the general public use compared to the burden placed
on the railroad operation. Public safety or convenience may include, but is not limited to, high traffic
density at a specific crossing of a main artery or interference with the flow of authorized emergency
vehicles.
A resolution regulating the length of time a specific crossing may be blocked, which was adopted before
July 1, 1989, is an ordinance for the purposes of this section.
Section History: Early form
[C77, 79,81, S 327G.32; 81 Acts, ch 22, S 20, 22]
Section History: Recent form
85 Acts, ch 195, S 39; 89 Acts, ch 39, S 4, 5; 89 Acts ch 273, S 37
Previous Section 327G.31
Next Section 327G.33
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10/21/19992:59 PM