1. Locomotive Horn Rule Regulations
4/15/2017 4:12 PM
Locomotive Horn Rule Regulations
Grade Crossing Safety Workshop
Billings, MT
March 2006

2. § 222.1 Purpose of the Regulation
Provide for safety at public highway-rail grade crossings by requiring locomotive horn use
Except in quiet zones established and maintained in accordance with this part

3. § Areas Covered
Sounding locomotive horns when locomotives approach and pass through public highway-rail grade crossings
Creation and maintenance of quiet zones

4. § 222.5 Application Applies to all railroads except:
A railroad - freight trains only on track which is not part of the general system
Passenger railroads - on track which is not part of the general system - maximum speed of 15 mph
Rapid transit operations within an urban area that are not connected to the general railroad system of transportation.

5. Applies to Rapid Transit Operations
Share grade crossings with conventional railroads in a common corridor
Share track with conventional railroads.

6. § 222.7 Effect on State and Local Laws and Ordinances
Preempts any State law, rule, regulation
Except an additional or more stringent law,
Necessary to eliminate or reduce an essentially local safety hazard
Is not incompatible with a law, regulation, or order of the United States government; and
Does not unreasonably burden interstate commerce.

7. § – Private Crossings
Does not cover routine sounding of locomotive horns at private highway-rail grade crossings.
State law is applicable
Private crossings in QZs discussed later

8. § Definitions

9. Locomotive
A piece of on-track equipment other than hi-rail, specialized maintenance, or other similar equipment–
(1) designed for moving other equipment;
(2) designed to carry freight or passenger traffic or both; or
(3) without propelling motors but with one or more control stands (e.g. cab car).

10. Locomotive Horn
A locomotive air horn, steam whistle, or similar audible warning device mounted on a locomotive or control cab car.
“locomotive horn”, “train whistle”, “locomotive whistle”, and “train horn”

11. Private Highway-rail Crossing
A highway-rail at grade crossing which is not a public highway-rail grade crossing.
For the purpose of this rule only.

12. Public Authority The governmental jurisdiction responsible for:
safety and maintenance of the roadway crossing the railroad tracks at a public crossing.
Includes the traffic control authority or law enforcement authority,

13. Public Highway-rail Grade Crossing
A location where a public highway, road, or street, including associated sidewalks or pathways, crosses one or more railroad tracks at grade.
A public authority maintains the roadway on at least one side of the crossing
For this rule only.

14. Quiet Zone
A segment of a rail line, within which is situated one or a number of consecutive public highway-rail crossings at which locomotive horns are not routinely sounded.

15. Wayside Horn
A stationary horn located at a highway rail grade crossing that provides audible warning to oncoming motorists of the approach of a train.

16. § Penalties
Civil penalty of least $500 and not more than $11,000 per violation
Willful violations - created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $22,000
Falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C

17. § Who Must Comply
Any person that performs any function covered by this rule. This includes:
A railroad
Contractor for a railroad
Local or State governmental entity

18. § 222.15 Waivers 2 parties must jointly file for a waiver.
Railroad
Public authority
If no agreement to file a joint petition
either party may file
the filing party must specify the steps taken in an attempt to reach agreement.
the other party must get a copy of the petition filed with FRA.

19. § 222.15 Waivers Filed in accordance with 49 CFR part 211.
If in the public interest and consistent with the safety of highway and railroad users, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary.

20. § Locomotive Horn Use
When such locomotive or lead car is approaching and passes through each public highway-rail grade crossing.
Pattern - two long, one short, and one long
Repeated or prolonged until the locomotive or train occupies the crossing.
This pattern may be varied as necessary where crossings are spaced closely together.

21. § Locomotive Horn Use
Sounded at least 15 seconds, but no more than 20 seconds, before the locomotive enters the crossing
Not sounded more than one-quarter mile (1,320 feet) in advance of the nearest public highway-rail grade crossing.
Not distance based but time based

22. § 222.23 Emergency Situations
May sound the locomotive horn to provide a warning to vehicle operators, pedestrians, trespassers or crews on other trains in an emergency situation
Locomotive engineer’s sole judgment
To prevent imminent injury, death or property damage.

23. § 222.23 Emergency Situations
The does not prohibit the sounding of locomotive horns in emergency situations.
It does not impose a legal duty to sound the locomotive horn in such situations.
Even in QZs, more than ¼ mile or with wayside horn at crossing.

24. § 222.23 Emergency Situations
Horns will sound in quiet zones if:
Automatic warning devices not properly functioning (Part 234)
Provide warning to roadway workers (Part 214)

25. § Private Crossings
Does not require the horn at private crossings
Does not affect state laws regarding private crossings
May be included in a QZ – horns silent

26. § 222.33 No Horns at Individual Crossings
A railroad may, at its discretion, cease the sounding of the locomotive horn if
Speed is 15 miles per hour or less, and
and train crew members, or appropriately equipped flaggers flag the crossing to provide warning of approaching trains to motorists.
Not if automatic warning devices fail (Part 234)

27. § Wayside Horn
May be used in lieu of a locomotive horn at any grade crossing equipped with gates
May be installed within a quiet zone.
Included in measuring the length of a QZ
A grade crossing equipped with a wayside horn shall not be considered in calculating the QZRI or CCRI.
Must comply with Appendix E

28. § Wayside Horn
In a QZ, the crossing must be identified by both the Inventory Number and name in its notice.
Outside a QZ – provide FRA and railroad(s)
Written notice that a wayside horn is being installed
Operational date
Identified by both Inventory Number and name.
Provide notification at least 21 days in advance

29. § 222.59 Wayside Horn Railroad operating over a grade crossing
In a quiet zone shall cease routine locomotive horn use at the grade crossing.
Outside of a quiet zone may cease routine locomotive horn use by agreement with the public authority.

30. Appendix E - Requirements for Wayside Horns
Crossing has constant warning time device, if reasonably practical, and power-out indicator;
Horn system has an indicator to notify the engineer that the wayside horn is operating as intended
Allow engineer to sound the locomotive horn for at least 15 seconds prior to arrival at the crossing in the event the wayside horn is not operating as intended;

31. Appendix E - Requirements for Wayside Horns
Railroad must provide that the train horn be sounded if the wayside horn indicator is not visible, or does not indicate that the system is operating as intended
Provide a minimum of 96 and a maximum of 110 dB(A) when measures 100 feet from the horn in the direction it is installed

32. Appendix E - Requirements for Wayside Horns
Must sound at least 15 seconds prior to the train’s arrival at the crossing and while the lead locomotive is traveling across the crossing.
May begin to sound simultaneously with activation of the flashing lights or descent of the crossing arm
Horn shall be directed toward approaching traffic

33. § 229.129 Audible Warning Device
Each lead locomotive shall have an audible warning device
Minimum sound level of 96dB(A) and
Maximum sound level of 110 dB(A)
At 100 feet forward of the locomotive in its direction of travel.
Conveniently operated from the engineer’s usual position during operation of the locomotive.
Does not apply to rapid transit operations

34. § 229.129 Audible Warning Device
Testing requirements
Locomotives built on 12/18/04 and later must comply immediately
Locomotives built before 12/18/04 must comply by 12/18/08
Test and must comply when locomotives are rebuilt

35. § 229.129 Audible Warning Device
Testing Procedures
Site free of buildings, hills, cars, etc.
400 feet in front of locomotive
200 feet to the sides of locomotive
Temperature between 36 and 95 degrees
Microphone – 15 ft ATR on centerline of track