Order No. 1988-R-102

March 2, 1988

March 2, 1988

IN THE MATTER OF CSX Transportation, Rail Transport Group, trains blocking of Park Avenue East (Ontario Highway No. 40), in the City of Chatham, Ontario, in violation of section 251 of the Railway Act, R.S.C. 1970, c. R-2, and rule 103 of the Uniform Code of Operating Rules; and

IN THE MATTER OF the Show Cause letter of the Railway Transport Committee, dated November 3, 1987 wherein CSX Transportation was ordered to Show Cause why the Railway Transport Committee should not order:

  1. that CSX Transportation be ordered to limit the length of trains being operated North and South from Chatham on CSX No. 2 Subdivision to a total length not exceeding 4,200 feet; and
  2. that CSX Transportation be ordered to modify the existing crossing protection at Indian Creek Road and Park Avenue East to incorporate motion detector devices to minimize nuisance operations.

File No. 28374.7.30

WHEREAS CSX Transportation, Rail Transport Group's response dated November 23, 1987 to the Show Cause, CSX Transportation indicated the following:

  1. CSX would be prepared to modify the existing crossing protection to incorporate motion detector devices to maximize vehicular traffic while trains are preparing to leave; and
  2. CSX Transportation has started to explore with the Canadian National Railway Company the possibility of putting an approach indicator south of the Park Avenue road crossing.

WHEREAS it has been determined by way of field investigations conducted by Officers of the National Transportation Agency's Ontario District Office, that CSX Transportation have not made concerted effort to comply with section 251 of the Railway Act and rule 103 of the Uniform Code of Operating Rules.

IT IS HEREBY ORDERED:

The CSX Transportation, Rail Transport Group, shall

  1. effective immediately, limit the length of CSX trains being operated North and South from Chatham, Ontario, on CSX No. 2 Subdi¬vision, to a total length not exceeding 4,200 feet so as not to block the highway crossings; and
  2. within ninety (90) days from the date of this Order, modify the existing crossing protection located at Indian Creek Road and Park Avenue East, in the City of Chatham, Ontario, to incorporate motion detector devices to minimize nuisance operation of crossing protection devices.
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