Transport Transports Canada Canada
Pacific Region Surface Branch Room 225, 625 Agnes Street New Westminster, B.C V3M 5Y4
Your file Our file
June 06, 2014
RDIMS ACTIVE Michael Shircliff Regional Vice President North Operations - BNSF 2650 Lou Menk Drive Fort Worth, Texas USA 76131-2830
Dan Bottrill Chief Administration Officer City of White Rock 877 Keil Street Whiterock, BC V4B 4V6
NOTICE- BY REGISTERED MAIL
Dear Sirs, I am a railway safety inspector designated by the Minister of Transport under section 27(1) of the Railway Safety Act [RSA]. An inspection was conducted on Friday, May 30th, 2014 and Monday June 2nd, 2014 at an unlawful crossing and access point to the Burlington Northern Santa Fe track at mile point 123.20 (Pedestrian Crossing). The railway crossing cited has no warning devices; access for pedestrians is facilitated from the upper city levels by steps commonly known as “the staircase” or Coldicutt Ravine. As a result of these observations, this Notice is being issued under 31.(2) of the RSA to inform you that, in my opinion, a threat to safe railway operations exists. Pursuant to subsection 4(4.1) of the RSA, “a threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property.” 2 Hazard or Condition Huge numbers of are people were noted trespassing is at this location. The unlawful trespassing and existing number of trains is putting persons at risk, this location is a major facilitator of excessive trespassing to and from the White Rock promenade. These conditions could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property.
Please advise this office in writing, no later than Friday, June 20, 2014, how you intend to resolve these conditions. Should you require additional information on this matter, please contact me at (604) 6669922 Sincerely,
Dennis Maskell Signal Systems Officer Badge #30056 Transport Canada -Surface Pacific Region Cc. CN Police Cc. RCMP White Rock Detachment
Transport Transports Canada Canada Pacific Region Surface Branch Room 225, 625 Agnes Street New Westminster, B.C V3M 5Y4 June 06, 2014
Your file Our file RDIMS ACTIVE
Michael Shircliff Regional Vice President North Operations - BNSF 2650 Lou Menk Drive Fort Worth, Texas USA 76131-2830
Dan Bottrill Chief Administration Officer City of White Rock 877 Keil Street Whiterock, BC V4B 4V6
Cover Letter for Railway Safety Act [RSA] s31 Orders and Notice Attached Dear Sirs, This is a cover letter supporting the attached two (2) Railway Safety Act [RSA] s.31 Orders and one (1) joint Notice for the City of White Rock and the Burlington Northern Santa Fe [BNSF] Railway with respect to the City of White Rock promenade and adjacent locations through which the BNSF mainline runs through. History: In 1996 an eight year old girl was killed in this area and a number of things resulted from this instance. •
Transport Canada [TC] by nature of a s.31 [RSA] Order slowed the trains down from 35 mph to 21 mph throughout the promenade location, this was done because of the death and significant trespassing and uncontrolled pedestrian crossings.
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A parallel initiative commenced at the same time such that the BNSF would build a pedestrian warning system for the promenade area, where the City of White Rock was responsible for the type of horn that would go with this system. The system was in place [without any horn] for many years until in 2009 the City of White Rock still had not presented the pedestrian warning horn. After 13 years Transport Canada was advised that BNSF wanted to use that equipment in another location, since it was not being used in White Rock. TC advised they are free to deploy their equipment at their discretion.
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2 Since 2000 there have been many initiatives by the City of White Rock to encourage local persons and tourists to the promenade. Since 2005 the number of businesses, tourists and trains have significantly increased. The risk factors for trains, pedestrians, vehicles have also increased.
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In July 2013 an adult was killed on the promenade while she jogged in front of a train.
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In August, 2013 TC requested the City of White Rock and BNSF to provide an independent safety assessment. Among other issues, the assessment identified pedestrian warning / crossing control and an increase in the height of the protective fencing/ railing.
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In early February 2014 an elderly man was struck by a northbound BNSF freight train west of the pier at White Rock, BC.
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In February 2014, TC, the City of White Rock, and BNSF had a meeting during which the City of White Rock presented a budgeting plan to address the independent safety report items. Among other contentious items the issue of which entity was going to pay for what, became paramount. Unfortunately, only the [CTA- Canadian Transportation Agency] not Transport Canada can adjudicate both access and cost apportionment issues.
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After a site inspection on February 24, 2014 a Statutory s.31 RSA Notice was issued to both BNSF and the City of White Rock for a number of safety threats, reading;
“The railway crossings cited have no warning devices. The pedestrian crossings have an extreme incline and decline with the BNSF track in the top center of the crossing. There is no significant barrier protection between the pedestrian walkways and the main BNSF track. There is only a railing 42 inches in height, thus allowing the public to crawl through or step over the railing directly on to the BNSF railway tracks. Pedestrians have been noted walking, jogging and stopping on the railway tracks, walking their dogs on the railway tracks and doing yoga on the railway tracks. As a result there have been pedestrian deaths, injuries and near misses at or near the crossing locations.” There have been a number of “near misses by trains.” •
There have been a number of meetings and exchanges between BNSF and the City of White Rock since the Transport Canada s.31 RSA Notice of February 24, 2014.
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On May 14, 2014 a Letter of Insufficient Work was sent by TC to the BNSF and the City of White Rock, noting there was no changes to any infrastructure.
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On May 28, 2014 BNSF closed the gaps in the existing railing on the promenade “West Beach”. People continue to either crawl through the railing or step over it.
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On May 30th and June 2nd, 2014 TC re-inspected the White Rock promenade and the adjoining trackage from BNSF New Westminster Sub mile 123.20 [the staircase Coldicutt Ravine] through the promenade to BNSF mile 121.00 near the U.S. border. It has become apparent to me that the unlawful 3
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railway crossing locally known as “the staircase” Coldicutt Ravine at BNSF mile 123.20 to the street level above is a major facilitator of trespassing to and from the White Rock Promenade.
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On May 30th, 2014 I had opportunity to speak with a Police Constable that was extremely concerned about the amount of trespassers and the risks they are facing. There were trespassers not just one at a time but in groups. He offered that once school is out it will be a huge enforcement dilemma.
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On June 02nd, 2014, I inspected while a train was traversing the promenade. The train gave two short whistles before the promenade and the leading locomotive sounded its bell throughout the promenade.
There were trespassers in front of the locomotive running to get a head of it, six teen-agers, a mother and her two children, all climbed through the railing and darted in front of the locomotive and crawled through the railing closest to the promenade parking. There was no horn warning from the locomotive, nor was there any whistling at the pedestrian crossings within the promenade? The City of White Rock, BC is a member of the [FCM] Federation of Canadian Municipalities and the BNSF railway is a member of [RAC] the Railway Association of Canada. The FCM and RAC have agreed on 1.8 (6ft) meters of barriers/fencing to separate the public from railways. Transport Canada-Surface has no “voice in law” as to who should pay for changes to support railway safety. Where there is disagreement in access (crossing locations) and/or cost apportionment, it can be adjudicated by the Canadian Transportation Agency [CTA]. Our society as a whole is embracing all people, including those with visual or hearing impairment; this is a societal drive to treat all persons equally. Effectively, the promenade area of Whiterock, B.C., in my opinion, has significant deficiencies in terms of public safety relative to railway operations. Many years ago at a time with fewer people and trains, White Rock city planning and the BNSF supported the promenade walkway and implemented infrastructure to support and highlight this vista for the benefit of all. Unfortunately, in view of a recent death and accident / incidents at this location, rail safety must be evaluated in today’s public safety risks. A responsible society that invites the public to such an area must ensure the public comes to no harm and where potential harm exists, must take steps to provide fair warning. Respecting the White Rock, B.C. promenade the City of White Rock has responsibility to its citizens and visitors alike to strategically locate safe pedestrian crossing systems all along the promenade, including the “West Beach” area of the promenade. A safe pedestrian crossing, mean, a level crossings with the railway track, with some form of visual and audio warning at a 20 second minimum prior to train arrival and is located in a location that the pedestrians will willingly use. What is required for rail safety at the White Rock promenade is a far cry from what exists today, despite the good intentions of the BNSF and the City of White Rock. While discussions and communications continue it is my opinion that the public safety of persons using the promenade and related track area are at great risk. It is my opinion under the current conditions, there is an immediate threat when trains are present, on or near the White Rock promenade. Please note the attached RSA s.31 Orders and Notice are in force and effect, these are temporary measures to support rail safety and public protection. Sincerely, Dennis Maskell – Transport Canada – Surface Branch
Transport Transports Canada Canada Surface Branch Room 225, 625 Agnes Street New Westminster, B.C V3M 5Y4
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Pacific Region Your file
June 06, 2013 RDIMS ACTIVE
Michael Shircliff Regional Vice President North Operations - BNSF 2650 Lou Menk Drive Fort Worth, Texas USA 76131-2830 By Registered Mail NOTICE AND ORDER
White Rock, BC - Burlington Northern and Santé Fe Railway New Westminster Subdivision between Mile post 121.00 and Mile post 123.00 Dear Mr Shircliff, I am a Railway Safety Inspector designated by the Minister of Transport under Subsection 27(1) of the Railway Safety Act [RSA].
A Burlington Northern Santa Fe train proceeding south encountered a huge number of trespassers prior to the White Rock BC Promenade and at the promenade and after the promenade. Pedestrians were running at the promenade, across uncontrolled crossings and climbing over and going through the railing and nearly being struck by the locomotive on June 2, 2014. This event constitutes moving the threat level to immediate at this location.
As a result, this Notice and Order is being issued under subsection(s) 31(2) (a) (b) of the RSA to inform you that, in my opinion, an immediate threat to safe railway operations exists. Pursuant to subsection 4(4.1) of the RSA, an immediate threat is defined as “a situation already exists” wherein “a hazard or condition such that a person could be injured or made to be ill or damage could be caused to the environment or property.” An RSA Notice was issued on February 24, 2014.
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Hazard or Condition Given the existing number of trains, numerous promenade users, huge numbers of people wanting to get to the beach or back from the beach; insufficient barrier protection and no crossing warning systems, presents an immediate threat to rail safety at these railway crossings and along the White Rock promenade and before and after the White Rock Promenade. Also the existing pedestrian crossings [except for the pier] have about a 15% walking grade to the top of the railway tracks and down the other side. Without crossing warning systems and 1.8 meter barrier protection and pedestrian crossings that are flat; these conditions could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property. These conditions could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property. I therefore order that: •
The BNSF mount their standard Whistling signage at the BNSF Mile post 121.00 and Mile 123.00 such that train whistling will occur in both directions at and between both mile posts. And those whistling posts will be visited by track forces at least once per week to ensure placement. AND
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That any train movement within these mileposts will issue repetitive succession of short horn blasts at and between the mile posts 121.00 to mile post 123.00. Where a locomotive only has “automatic horn sequencing” the train horn will be depressed immediately after each sequence and repetitively at and between Mile 121.00 and Mile 123.00 in both directions. AND
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Where a locomotive has only “automatic horn sequencing” the train horn will be depressed immediately after each sequence, repetatively between Mile 121.00 and Mile 123.00 in both directions. Audible train horns cited above will be presented by all train movements [including all other track users in either direction] from dawn until dusk 365 days of the year, between Mile 121.00 and Mile 123.00 in both directions. AND Where this Order conflicts with an existing time table or special instructions or GBO’s or TBGO respecting train horns, at and between Mile 121.00 and Mile 123.00 on this Subdivision, this Order will take precedence. Normal whistling protocol as per the current timetable and bulletins remains in effect outside the hours (Dawn to Dusk) of this Order.
3 Pursuant to subsection 31(7) of the RSA, an order contained in a notice under this section has effect.
(a) in the case of a railway company, when the company receives the notice or company supervisor or employee receives a copy of it, whichever occurs first; or (b)
in the case of another person, when they receive the notice
If you intend to initiate a review of this Order by the Transportation Appeal Tribunal of Canada (TATC), you must file a request in writing with the Tribunal, which must be postmarked no later than 23:59 hours on July 08, 2014. The Tribunal has prepared a Guide for Applicants that you may obtain from the Tribunal’s Registrar at the address below. Requests for review must be filed with: The Registrar, Transportation Appeal Tribunal of Canada, 333 Laurier Avenue West, Room 1201 Ottawa, Ontario, K1A 0N5. http://www.tatc.gc.ca Please note that a request for review by the TATC does not stay an Order. This Order will remain in effect until the hazard or conditions have been addressed to my satisfaction. Should you require additional information on this matter, please contact me at (604) 666.9922 and/or email address at Dennis.Maskell@tc.gc.ca. Sincerely,
Dennis Maskell Railway Safety Inspector - Badge # 30056 Transport Canada -Surface Pacific Region Cc. Dan Botrill – City of White Rock, BC Cc. Lynda Routh – BNSF
Transport Transports Canada Canada Surface Branch Room 225, 625 Agnes Street New Westminster, B.C V3M 5Y4
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Pacific Region Your file
June 06, 2013 RDIMS ACTIVE
Dan Bottrill Chief Administration Officer City of Whiterock, 877 Keil Street Whiterock, BC V4B 4V6 By Registered Mail NOTICE AND ORDER
White Rock, BC - Bay Street - [Boat Launch] Promenade ]Burlington Northern and Santé Fe Railway New Westminster Subdivision Mile 122.60 Dear Mr. Bottrill, I am a Railway Safety Inspector designated by the Minister of Transport under Subsection 27(1) of the Railway Safety Act [RSA].
Before and after train presence on May 30th and June 2nd, 2014, vehicles, motorcycles and a baby carriage were parked on or near the live track at Bay Street on the portion of the promenade known as “the boat launch”, cited as BNSF mile 122.60. Pedestrians were running across this uncontrolled railway crossing as the train approached. These events constitute an immediate threat at this location.
As a result, this Notice and Order is being issued under subsection(s) 31(2) (a) (b) of the RSA to inform you that, in my opinion, an immediate threat to safe railway operations exists. Pursuant to subsection 4(4.1) of the RSA, an immediate threat is defined as “a situation already exists” wherein “a hazard or condition such that a person could be injured or made to be ill or damage could be caused to the environment or property.” An RSA Notice was issued on February 24, 2014.
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Hazard or Condition Given the existing number of trains, numerous promenade users, huge numbers of people travelling to and from the beach, and a lack of a crossing warning system the public is at risk of being struck by a train. Vehicles, motorcycles and baby carriages parked in the danger zone on or near this uncontrolled railway crossing are at risk. Without positive traffic protection the public are in dangers; these conditions could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property. I therefore order that: •
The City of White Rock will close this public crossing on the city side (north of the track). This will be done at a location of 13 feet from the first rail (northern rail). The barrier presented will be one that is 6 feet (1.8 meters) in height; not allow the ability to crawl through, and adjoin existent fencing. It must be removable in whole or in part to facilitate access for safety and emergency services at any time. OR
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A swing gate or similar mechanism that can be opened at the discretion of the City of White Rock. However, the opening will only occur as long as it is required to move a vehicle over and clear of the Railway and shall not be parked any closer than 13 feet from the closest rail. The gate may not swing open in whole or in part to obstruct the railway track. Safety and emergency services must be able to access this location at any time. OR
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The City of White Rock will post a flag person from dawn until dusk 365 days of the year to ensure vehicles, motorcycles and pedestrians are not stopping or parking within 13 feet of any rail.
Pursuant to subsection 31(7) of the RSA, an order contained in a notice under this section has effect. (a) in the case of a railway company, when the company receives the notice or company supervisor or employee receives a copy of it, whichever occurs first; or (b)
in the case of another person, when they receive the notice
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If you intend to initiate a review of this Order by the Transportation Appeal Tribunal of Canada (TATC), you must file a request in writing with the Tribunal, which must be postmarked no later than
23:59 hours on July 08, 2014. The Tribunal has prepared a Guide for Applicants that you may obtain from the Tribunal’s Registrar at the address below. Requests for review must be filed with The Registrar, Transportation Appeal Tribunal of Canada, 333 Laurier Avenue West, Room 1201 Ottawa, Ontario, K1A 0N5. http://www.tatc.gc.ca Please note that a request for review by the TATC does not stay an Order. This Order will remain in effect until the hazard or conditions have been addressed to my satisfaction. Should you require additional information on this matter, please contact me at (604) 666.9922 and/or email address at Dennis.Maskell@tc.gc.ca. Sincerely,
Dennis Maskell Railway Safety Inspector - Badge # 30056 Transport Canada -Surface Pacific Region cc. Michael Shircliff - BNSF cc. Lynda Routh – BNSF cc. CN Police cc. RCMP White Rock Detachment