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

§ 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

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

§ 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.

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

§ 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.

§ 222.7 – 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

§ 222.9 Definitions

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).

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”

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.

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,

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.

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.

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.

§ 222.11 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. 21311.

§ 222.13 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

§ 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.

§ 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.

§ 222.21 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.

§ 222.21 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

§ 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.

§ 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.

§ 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)

§ 222.25 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

§ 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)

§ 222.59 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

§ 222.59 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

§ 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.

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;

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

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

§ 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

§ 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

§ 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