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Federal Railroad Administration Changes Effective Date of Interim Final Rule on Use of Train Horns

(Washington, DC) The Federal Railroad Administration (FRA) announced today that it has changed the effective date of its Interim Final Rule (IFR) on the Use of Locomotive Horns at Highway-Rail Crossings to June 24, 2005 from April 1, 2005. The action is detailed in a notice published in today’s Federal Register.

The extension of the effective date for the IFR provides additional time to complete the required approval process of the Final Rule. FRA intends to publish the Final Rule this spring.

“We are keenly aware that communities nationwide are eagerly awaiting publication of the Final Rule,” said FRA Acting Administrator Robert D. Jamison. “We are confident that it will satisfactorily address the varied concerns and interests of communities throughout the country regarding the use of train horns at highway-rail grade crossings.”

This change will give public authorities additional time to establish the necessary conditions that will permit them to preserve pre-existing whistle bans or establish new quiet zones within their respective jurisdictions.

The IFR originally published on December 18, 2003, stipulated an effective date of December 18, 2004. It generated significant interest from communities across the country, requiring additional time for the FRA to fully consider approximately 1,400 comments submitted. As a consequence, FRA published a notice on November 22, 2004, indicating that the effective date of the IFR would be changed to April 1, 2005. Today’s notice supersedes the previous announcement.

The Federal Railroad Safety Authorization Act of 1994 required FRA to issue regulations that would require railroads to sound locomotive horns on approach to, and while traveling through public highway-rail grade crossings, except under specified conditions. Extensive information about the train horn proceeding is available at www.fra.dot.gov.


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  Did You Know?
 
Pedestrian and Motorist Claims Against Railroads Will Usualy be Decided Under Negligence Laws.

A railroad's legal responsibilities to injured motorists and pedestrians will depend upon the factual circumstances of the actual train accident. Usually, pedestrian and motorist claims against railroads will be decided under the negligence laws of the state where the accident occurred.
 


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