§20153 Audible Warnings at Highway-rail Grade Crossings

Summary

Trains must sound their locomotive horns when they approach and go across public street or highway crossings. Definitions: a "highway-rail grade crossing" is any street or highway crossing railroad tracks at the same level; a "locomotive horn" is the train’s warning device that meets the Secretary of Transportation’s standards; a "supplementary safety measure" is an alternative safety system or procedure, set up by the traffic or law enforcement authority and approved by the Secretary, that can reliably replace the horn. Simple traffic signs, reflectorized crossbucks, flashing lights alone, flashing lights with gates that do not fully block travel, or traffic signals do not count as acceptable substitutes. Median barriers that prevent cars from going around lowered gates can count if they meet the Secretary’s standards. The Secretary of Transportation must write rules that require horns, but may exempt certain kinds of train operations or crossings if they pose little risk, make horn use impractical, or have approved supplementary safety measures that fully make up for no horn. Exemption requests must be filed together by the railroad and the local traffic or law enforcement authority, and the Secretary will only approve them if safety won’t be reduced. The Secretary can allow temporary horn silences for tested demonstrations of new safety measures. Rules may cover private, pedestrian, and mostly non‑motorized crossings where people are allowed to cross. The Secretary must issue rules for the highest-risk crossings within 24 months after November 2, 1994, and for other crossings within 48 months after that date. The final rules cannot take effect until at least 365 days after they are published. The Secretary must also work with affected communities, offer help, allow reasonable time to install measures, and consider local noise restrictions.