Transportation Committee

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Alan Brown, Director of Engineering

 

 

 

 

PREPARED BY:

Arup Mukherjee, Manager of Transportation

 

 

 

 

DATE OF MEETING:

2003-Sep-29

 

 

 

 

SUBJECT:

Elimination of Whistling at Railway Crossings

 

 

 

 

RECOMMENDATION:

 

THAT the Director of Engineering be requested to formally initiate the procedures to request CN Rail to eliminate whistling along the Uxbridge Subdivision from Steeles Avenue to Major Mackenzie Drive;

 

AND That funds in the amount of $122,500 be considered in the 2004 budget for the purposes of carrying out safety audits and implementing the safety infrastructure at the railway crossings as required by CN Rail procedures;

 

And That the Region of York be requested to initiate the process and request CN Rail to eliminate whistling at the crossings of the Uxbridge Subdivision at 14th Avenue, Highway 7,  16th Avenue and Major Mackenzie Drive;

 

And That the City of Toronto be requested to initiate the process and request CN Rail to eliminate whistling at Uxbridge Subdivision and Steeles Avenue crossing;

 

And That subject to budget approval in 2004, staff report back on the results of the safety audits and an updated cost to implement the required safety infrastructure to eliminate whistling at the specified crossings.

 

PURPOSE:

 

This report identifies the requirements and costs to eliminate whistling  for the rail crossings along the Uxbridge Subdivisions from Steeles Avenue to Major Mackenzie Drive.

 

 

 

 

 

BACKGROUND:

 

At the June 23, 2003 Transportation Committee meeting, staff presented an overview of the procedures to eliminate whistling at the railway crossings in Markham.  Staff also presented an inventory of the railway crossings in Markham.  Council directed staff to report back on the costs to eliminate whistling along the Uxbridge Subdivision from Steeles Avenue to Major Mackenzie Drive (noted as locations 4 to 17 on Attachment A)

 

 

 

DISCUSSION:

 

Process to eliminate Whistling

Engine Whistling requirements are controlled through the Canadian Rail Operating Rules (CROR), Rule 14(L)(ii).  This Rule requires whistling for at-grade crossings “except as may be prescribed  in special instructions”.  The railway company can initiate an exemption by issuing an instruction which eliminates the application of Rule 14(L)(ii). Transport Canada has developed procedures and conditions to eliminate whistling (Attachment B) which incorporate the following key steps:

 

1.      Formal request from Municipality to eliminate whistling at specified locations

2.      Safety Audit undertaken by railway authority

3.      Safety Infrastructure installed by municipality

4.      Safety infrastructure inspected and approved by railway authority

5.      Municipal by-law passed to eliminate whistling

6.      Municipality advises all operators of railway (as identified by rail authority) regarding intent to eliminate whistling

7.      Railway authority requests elimination of Rule 14(L)(ii) from Transport Canada

8.      Transport Canada approves request from rail authority

 

It should be noted that while this exemption eliminates the “requirement” for whistling, the train operator still has the authority to blow the whistle in those situations where it is needed for safety.  Therefore, even with the by-law in place, residents can still expect the occasional whistle at the crossing.

 

Specific Locations prioritized by Council

At the June 23, 2003 Transportation Committee meeting, staff outlined the above noted process and presented an inventory of the the at-grade rail crossings in Markham.  There are four railway lines in Markham as shown in attachment A (Bala, Uxbridge, York and Havelock Subdivisions).  Three of the lines are operated by CN Rail and the one of them is operated by CP Rail (Havelock Subdivision).  The two at-grade locations in Thornhill are currently exempt from whistling.  This has been confirmed with CN Rail and a copy of their email is attached (Attachment C).  Staff also noted that CP Rail requires third party liability insurance to be shared by the Municipality at $600/per year/per crossing.  Given these costs and the generally remote location of the Havelock Subdivision, Council directed staff to proceed with the formal request to the rail authorities to eliminate whistling along the Uxbridge subdivision. 

 

 

Expected Safety Infrastructure for crossings

Minimum safety infrastructure must be in place before the rail authority will eliminate the mandatory whistling requirements for at-grade crossings.  As identified in the guidelines by CN Rail, the following conditions are required

 

 

A detailed safety audit to clearly identify the needed infrastructure at each crossing is required.  Consultants approved by the rail authority undertake this audit.  All costs associated with the audit are the responsibility of the municipality.  Based on the audit, the required infrastructure must be installed by the municipality and then inspected by the rail authority.  Based on the preliminary inventory of the specified locations by staff, flashing lights and bells are already in place.  While detailed studies have not been done, it is unlikely that train speeds through Markham are in excess of 80 km/h through the urban area along the Uxbridge Subdivision.  Therefore the cost of safety infrastructure is expected to be related to the need to ensure there is no trespassing of the tracks within 400 m of the crossing. 

 

 

Other Jurisdictions responsible for crossings on their roadway

Four of the at-grade crossings along the Uxbridge Subdivision are located at Regional roads (Hwy 7, 14th Avenue, 16th Avenue and Major Mackenzie Drive).  The City of Toronto is responsible for the crossing at Steeles Avenue.  As such, in accordance with the requirements of Transport Canada, the relevant road authority must initiate the process to eliminate whistling at the crossing where they have jurisdiction.  Therefore, it is recommended that Council request the Region of York and the City of Toronto  to initiate the process to elminate whistling at the five locations noted above.

 

FINANCIAL CONSIDERATIONS:

 

The estimated cost to have the safety audit undertaken is $2,500 per intersection based upon preliminary discussions with CN Rail.  Based on the 9 locations proritized by Council within Markham’s jurisdiction, the total cost for the safety audit is $22,500.  At this time, further detailed costs to install the required safety infrastrucure are not known.  In order to ensure that funds are set aside so that staff can proceed to install the safety infrastructure once approved by the rail authority and Transport Canada, it is recommended that additional funds in the amount of $100,000 also be considered.  Therefore, it is recommended that a total of $122,500 be considered in the 2004 budget to initiate the process to eliminate whistling for the at-grade railway crossings along the Uxbridge Subdivision.

 

 

 

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

 

Subject to budget approval in 2004, staff will need to be involved during the safety audit to liaise with the consultant and identify the required infrastructure.  Once the details of the safety infrastructure are determined, staff will be involved in the tender and inspection of the contractor to install the infrastructure.

 

 

ATTACHMENTS:

 

Attachment A – Markham Rail Crossings

Attachment B  - Transport Canada’s Guidelines to Eliminate Whistling

Attachment C – Thornhill No Whistle Zone confirmation

 

 

 

 

 

 

 

Alan Brown, C.E.T.

Director of Engineering

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

P:\Development\Engineering\REPORTS\2003\9\Antiwhistling.doc