[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14516-14518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05996]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Safety Advisory No. 2016-01]


Movement of Roadway Maintenance Machines Over Highway-Rail Grade 
Crossings

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation.

ACTION: Notice of Safety Advisory.

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SUMMARY: FRA recently completed its investigation into a fatal accident 
that occurred when an on-track roadway maintenance machine traveling on 
main track collided with a motor vehicle at a highway-rail grade 
crossing. FRA is issuing this Safety Advisory 2016-01 to heighten rules 
compliance and situational awareness of railroads, railroad 
contractors, and their respective employees when operating roadway 
maintenance machines over highway-rail grade crossings. This Safety 
Advisory makes recommendations to railroads and railroad contractors 
regarding the need to review, update, and follow rules and procedures 
governing the safe movement of roadway maintenance equipment over 
highway-rail grade crossings.

FOR FURTHER INFORMATION CONTACT: Patrick T. Warren, Deputy Associate 
Administrator for Safety Compliance and Program Implementation, Office 
of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, 
Washington, DC 20590, (202) 493-1366; or Joseph Riley, Track 
Specialist, Track Division, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493-6357.

SUPPLEMENTARY INFORMATION: In January 2015, a fatal accident occurred 
when an on-track roadway maintenance machine, traveling as part of a 
large roadway work group (rail gang) over main track, collided with a 
private motor vehicle at a public highway-rail grade crossing in 
Gilroy, California (Gilroy). The driver of the motor vehicle died as a 
result of the collision.
    While investigating this 2015 accident, FRA reviewed its accident 
data regarding other collisions at highway-rail grade crossings 
involving railroad maintenance-of-way equipment. FRA's review found 
that between January 2010 and November 2015, 187 accidents involving 
maintenance-of-way equipment and motor vehicles occurred at highway-
rail grade crossings. The 187 accidents resulted in 2 fatalities to 
highway vehicle motorists, 62 injuries to motor vehicle occupants, and 
6 injuries to railroad employees.
    The January 2015 accident referenced here and FRA's review of 
accident data described above illustrate the safety risk to railroad 
and railroad contractor employees and the public when roadway 
maintenance machines travel over highway-rail grade crossings. This 
risk is heightened when roadway maintenance machines, including hi-rail 
vehicles, fail to activate grade crossing warning devices. To reduce 
this safety risk, FRA recommends that the railroad industry evaluate 
relevant railroad rules and emphasize compliance with those rules and 
any other procedures governing the safe movement of on-track equipment 
over highway-rail grade crossings.

Accident Summary

    The accident description provided below is based on FRA's 
investigation of the January 2015 accident and serves to illustrate the 
risks associated with moving railroad roadway maintenance machines over 
highway-rail grade crossings. On January 9, 2015, near Gilroy, a Union 
Pacific Railroad Company (UP) system rail gang was in the process of 
changing job locations from a siding track to an industrial lead track 
approximately 12 miles away. The rail gang consisted of 62 pieces of 
roadway maintenance machinery moving over UP main track to a new job 
location under the authority of a train dispatcher. At approximately 
1:05 p.m., a spiker/gager roadway maintenance machine (40th machine in 
the consist) was traveling approximately 12 miles per hour over the 
Masten Avenue highway-rail grade crossing in Gilroy and collided with a 
motor vehicle (pickup truck) as it proceeded westbound over the 
crossing. The driver was the sole occupant of the pickup truck and 
received fatal injuries.
    The spiker/gager operator was operating in reverse and was not 
facing the direction of the machine's movement, relying on side mirrors 
to see in the direction of movement. Additionally, a semi-tractor 
trailer had stopped short of the crossing for a traffic light and may 
have blocked the spiker/gager operator's view of westbound vehicular 
traffic approaching the highway-rail grade crossing. Applicable UP 
rules require that ``[t]rack cars and on-track equipment must approach 
all grade crossings prepared to stop and must yield the right-of-way to 
vehicular traffic. If necessary, personnel will be deployed to flag the 
crossing to protect movement of a track car or other on-track 
equipment.'' UP's rules further specify:

    When approaching any grade crossing equipped with automatic 
warning devices and the automatic warning devices are not activated, 
all track cars and on-track equipment must stop short of the 
crossing and not proceed until safe to do so, unless the crossing 
has been closed or barricaded or is protected by properly equipped 
flaggers.

    FRA's investigation indicates that the operator of the spiker/gager 
involved in the collision failed to follow applicable UP rules by not 
stopping short of the crossing and failing to yield the right-of-way to 
vehicle traffic. It appears that the spiker/gager had fallen several 
hundred feet behind the machine it was following and FRA's review of 
the downloaded grade crossing warning device data indicated the 
crossing gates had recovered (lifted) before the spiker/gager arrived 
at the crossing. Unlike trains, roadway maintenance machines do not 
always shunt or maintain shunt in track circuits to trigger activation 
of grade crossing warning device systems and, in most cases, roadway 
maintenance machines are not designed or built to shunt the track 
circuit.

[[Page 14517]]

    FRA's investigation also indicates that before the rail gang 
equipment started its movement, a job briefing was held that identified 
the railroad's safety procedures to follow during the movement. The job 
briefing instructed the machine operators to ``bunch-up'' at grade 
crossings, allowing no more than 50 feet between equipment. The 
bunching-up of equipment is intended to allow the equipment to travel 
over highway-rail grade crossings in a safe and efficient manner, as 
well as to lessen the time the public is stopped at the crossing. The 
job briefing did not include instructions regarding theuse of flaggers 
to protect movements over highway-rail grade crossings.

Rules Compliance, Situational Awareness, and Grade Crossing Protection 
Measures

    Generally, railroad rules govern the movement of roadway 
maintenance machines over highway-rail grade crossings.\1\ Under most 
applicable railroad rules governing movement of on-track equipment over 
highway-rail grade crossings, roadway maintenance machines do not have 
the right-of-way over vehicular traffic. Industry practices typically 
require such equipment to approach every highway-rail grade crossing 
prepared to stop and not proceed until it is seen that the grade 
crossing is clear. For example, under the applicable UP rule in 
question, roadway maintenance machines are required to stop when 
approaching a grade crossing with automatic warning devices when such 
devices are not activated unless the crossing has been closed or 
barricaded or is protected by properly equipped flaggers. When grade 
crossing warning devices are activated, machine operators must still be 
prepared to stop.
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    \1\ FRA's grade crossing safety regulations in 49 CFR part 234 
do not specifically address roadway maintenance machine movements 
over grade crossings. In addition, 49 CFR part 214, subpart C 
establishes protections to prevent roadway workers from being struck 
by rolling equipment, but does not mention, nor is it generally 
intended to address, movement of roadway maintenance machines in 
travel mode over highway-rail grade crossings under the authority of 
a train dispatcher. See 61 FR 65959, 65961 (Dec. 16, 1996). FRA 
conducted a post-accident inspection of the spiker/gager that was 
involved in the collision and found it was in compliance with 
applicable FRA regulations governing roadway maintenance machines at 
49 CFR part 214, subpart D.
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    Most of the 187 accidents described above occurred while on-track 
equipment was traveling over a highway-rail grade crossing and not when 
roadway work groups were performing work at a crossing. FRA's review of 
the data indicates that tampers and regulators were involved in the 
highest number of roadway maintenance machine/highway vehicle 
accidents. Further, when railroads operate roadway maintenance machines 
singly or in pairs, machines may not be readily visible to motorists. 
Railroads and railroad contractors should develop procedures for the 
safe movement of all configurations of roadway work group equipment and 
ensure that operators are trained and qualified to recognize crossing 
characteristics that present greater safety risks.
    As mentioned above, roadway maintenance machines do not reliably 
shunt track circuits and may not always, or continually, activate 
highway-rail grade crossing warning devices. Operators may encounter a 
variety of challenging grade crossing characteristics, including: heavy 
vehicular traffic, long-angled four-lane crossings, right-turn-on-red 
locations, and highway traffic signals interconnected with the highway-
rail grade crossing warning devices. Railroads should review their 
inventory of grade crossings and identify crossings that pose 
significant challenges to roadway maintenance machine operators. 
Railroads should also consider installing lockable wayside warning 
device activation equipment or other appropriate measures for use by 
operators of roadway maintenance machines at heavily trafficked four-
lane crossings or long-angled crossings.
    FRA also recommends that railroads emphasize compliance with rules 
governing the safe movement of roadway maintenance machines over 
highway-rail grade crossings in job safety briefings and employee 
training. Railroads and railroad contractors should monitor employee 
compliance with rules addressing equipment movement over highway-rail 
grade crossings. On certain railroads where rules governing the safe 
movement of machines over crossings are contained in the railroads' 
operating rules, Federal regulation requires that each railroad conduct 
operational tests to ensure its employees comply with the railroad's 
operating rules. See 49 CFR 217.9. As the description of the January 
2015 accident indicates, compliance with railroad rules governing the 
movement of on-track equipment over highway-rail grade crossings is 
safety-critical. FRA recommends that railroads evaluate their current 
procedures for monitoring compliance with rules governing the movement 
of roadway maintenance machines over highway-rail grade crossings and 
determine whether their procedures are sufficient.
    FRA is aware that some railroads have installed shunting devices on 
roadway maintenance machines, such as hi-rail vehicles, that can be 
switched on or off to activate grade crossing warning devices as a 
roadway maintenance machine approaches a crossing.\2\ FRA strongly 
recommends that railroads utilizing such devices stress to operators 
that such shunts are not fail-safe and may lose shunt without warning. 
Railroads should emphasize that roadway maintenance machine shunting 
devices should be utilized only as a supplement to compliance with 
railroad rules that govern the movement of roadway maintenance machines 
over highway-rail grade crossings. Operators of roadway maintenance 
machines should approach every crossing prepared to stop and yield the 
right-of-way to vehicular traffic unless the crossing has been closed 
or barricaded or is protected by properly equipped flaggers.
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    \2\ Typically, railroads instruct machine operators to approach 
each crossing prepared to stop and not proceed into the crossing 
until the grade crossing is seen to be clear because a loss of shunt 
can occur in these situations.
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    Railroad rules often establish minimum spacing requirements when 
roadway maintenance machines are travelling. The number of machines in 
large equipment groupings, such as the one described in the January 
2015 accident above, can make it very difficult for machine operators 
to maintain appropriate spacing. The combined length of a large 
production gang's equipment may not permit movement over a crossing in 
a single unit. To avoid the impacts from improper machine spacing and 
to prevent accidents, FRA recommends that railroads utilize 
appropriately equipped flaggers \3\ to provide warning for motor 
vehicle traffic while large groups of roadway maintenance machines, 
such as the one in the accident described above, travel over a highway-
rail grade crossing. Flag protection at highway-rail grade crossings 
reduces the risk of a collision.
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    \3\ See 49 CFR 234.5.
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    Finally, it is imperative that roadway maintenance machine 
operators exercise vigilance and awareness with regard to railroad rule 
requirements, equipment spacing, speed, and the status of active 
warning devices when approaching and traveling over highway-rail grade 
crossings. For movements over extended distances, rail-bound machines 
with turntables should be turned to run forward or flag protection 
should be provided at all highway-grade crossings. FRA encourages 
railroad management to adopt and adhere to policies that promote the 
safest course of action in conducting on-track equipment movements over 
highway-rail grade

[[Page 14518]]

crossings, particularly by taking into account the unique 
characteristics that exist at individual crossings. FRA also encourages 
the use of job briefings whenever work or job conditions change to 
heighten employees' situational awareness of relevant safety risks.

Recommendations

    In light of the above discussion, and in an effort to improve 
situational awareness and rules compliance for roadway maintenance 
machine movements over highway-rail grade crossings, FRA recommends 
that railroads and railroad contractors:
    1. Review with their roadway maintenance machine operators the 
circumstances of the fatal incident described in this Safety Advisory 
2016-01 and these recommendations;
    2. Review, and update as necessary, their rules and procedures 
governing the movement of roadway maintenance machines over highway-
rail grade crossings and provide instruction on those rules and 
procedures to their employees;
    3. Identify grade crossings that pose significant challenges to 
roadway maintenance machines traversing the crossings and consider 
installing lockable wayside warning-device activation equipment or 
other appropriate measures for use by roadway maintenance machine 
operators to ensure safe movement over such crossings;
    4. Emphasize that their roadway maintenance machine operators must 
approach every highway-rail grade crossing prepared to stop and ensure 
that warning devices (where installed) are activated, the grade 
crossing is clear, and motor vehicle traffic has stopped (or is under 
the control of an appropriately equipped flagger) prior to entering a 
crossing;
    5. Emphasize to their roadway maintenance machine operators that 
shunting devices are not fail-safe and may lose shunt without warning 
if railroad rules permit the use of roadway maintenance machine 
shunting devices (capable of being turned on or off to activate grade 
crossing warning devices). Railroads should also emphasize that roadway 
maintenance machine shunting devices should only be utilized as a 
supplement to compliance with rules requiring machine operators to 
approach crossings prepared to stop and to yield the right-of-way to 
vehicle traffic;
    6. Emphasize the importance of job briefings to discuss applicable 
railroad rules governing operation of roadway maintenance machines 
movements over highway-rail grade crossing(s), including the 
identification of any higher-risk crossings and whether any crossings 
will be protected by appropriately equipped flaggers or signal 
personnel;
    7. Ensure that when roadway maintenance machines are required to 
travel extended distances, their machine operators are able to operate 
this equipment while facing in the direction of the machine's movement; 
and
    8. Review their current procedures for monitoring compliance with 
rules governing the movement of roadway maintenance machines over grade 
crossings and make necessary updates. Regularly conduct operational 
tests to ensure their employees comply with applicable rules governing 
movement over grade crossings.
    FRA encourages railroads and railroad contractors to take action 
consistent with the preceding recommendations and to take other actions 
to help ensure the safety of the Nation's railroad employees and the 
travelling public. FRA may modify this Safety Advisory 2016-01, issue 
additional safety advisories, or take other appropriate actions 
necessary to ensure the highest level of safety on the Nation's 
railroads, including pursuing other corrective measures under its rail 
safety authority.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-05996 Filed 3-16-16; 8:45 am]
 BILLING CODE 4910-06-P