Private Grade Crossings: Who is Responsible?

As David discussed yesterday, Amtrak Train 350 – the morning run from Chicago to Detroit/Pontiac – hit a gravel track at a private crossing, killing the truck driver and badly damaging Amtrak equipment. This raises the question: should the owners of private crossings be required at least to erect warning flashers?

Right now, the federal government has no authority to require this, although a few such owners already have taken such steps voluntarily. Indeed, federal authority to require warning equipment is limited, even on public crossings. The Federal Railroad Administration has been reviewing the issue, which indeed was on the DOT Secretary’s action plan back in 1994, but got pushed to the back burner by the train horn rule.

The good news is that a Federal Register notice on this may come soon, and a docket will be opened so that people can submit comments; four “public workshops” are also in the works.