Order No. 1988-R-134

February 24, 1988

February 24, 1988

IN THE MATTER OF Railway Transport Committee Order No. R-41439, dated December 31, 1987; and

IN THE MATTER OF the application of Canadian Pacific Limited (hereinafter the Applicant), under the provisions of section 192 of the Railway Act, R.S.C. 1970, c. R-2, for authority to reconstruct the bridge over the Ste-Anne River, at Mile 106.80 Trois-Rivières Subdivision, in the Municipality of Ste-Anne de la Pérade, in the County of Champlain, in the Province of Quebec, as shown on Plan Nos.

B-1-4072-1, revised January 12, 1988

B-1-4072-2, dated January 12, 1988

B-1-4072-3, dated January 12, 1988

B-1-4072-4, dated January 12, 1988

B-1-4072-5, dated January 12, 1988

B-1-4072-6, dated January 12, 1988

B-1-4072-7, dated January 12, 1988

B-1-4072-8, dated January 12, 1988

B-1-4072-9, dated January 12, 1988

B-1-4072-10, dated January 12, 1988

B-1-4072-11, dated January 12, 1988

B-1-4072-12, dated January 12, 1988

B-1-4072-13, dated January 12, 1988 and the

Second-hand Span Information, dated January 12, 1988 on file with the Agency under File No. 28666.10 and to operate over the said bridge once its reconstruction has been completed.

File No. 28666.10

WHEREAS the Applicant has filed details of the special measures to be undertaken during the period of reconstruction and the Agency is satisfied that their adoption will secure the protection and safety of the public.

UPON reading the submissions filed,

IT IS ORDERED THAT:

  1. The said Plans are approved and the Applicant is hereby granted leave to reconstruct the said bridge in accordance therewith.
  2. During the period of reconstruction, the Applicant shall not operate trains over the said bridge.
  3. Once reconstruction of the bridge has been completed in accordance with the said Plans and thereafter until such time as the requirements of Clauses 4, 5 and 6 below have been complied with, the Applicant may operate trains over the said bridge at a speed not exceeding 35 miles per hour.
  4. Upon completion of the work, the Applicant may cause the bridge to be inspected by a professional engineer and the Applicant may submit to the Secretary an affidavit of the said professional engineer attesting to the facts set forth in Clause (5) below.
  5. The said affidavit shall state and attest to the following:

    a) the name of the association of professional engineers in Canada of which he is a registered member,

    b) that he is qualified to inspect the work,

    c) that he did inspect the work,

    d) the date of the inspection,

    and provided that in his inspection he did so find, he shall further attest to the following:

    e) that the bridge has been reconstructed in accordance with the said Plans,

    f) the maximum speed at which trains may be safely operated thereon, and

    g) that the bridge is safe for the operation of trains.

  6. Upon receipt of written notification from the Secretary that the said affidavit has been received, the Applicant is authorized to operate trains over the said bridge at speeds not exceeding the lower of the following speeds:
    1. 80 miles per hour for passenger trains and 50 miles per hour for freight trains, and
    2. the maximum safe speed stated by the said professional engineer in his affidavit pursuant to Clause 5(f) of this Order.
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