Order No. 1988-R-39

March 1, 1988

File No. 26782.2085

WHEREAS the said crossing was reconstructed by the Applicant as shown on Plan A, dated March 17, 1986 and Plans B and C, dated November 11, 1985;

WHEREAS the said crossing now meets the requirements of the Agency respecting highway crossings;

WHEREAS for several years there has been a level crossing over the right of way and tracks of the Railway at the said location;

WHEREAS the said crossing, having been opened to and used by the public for several years, has become de facto a public crossing;

WHEREAS the Applicant has extended Proulx Street from Lambert Street to the area originally served by the crossing and that this extension of Proulx Street will result in a greater highway traffic at the said crossing;

WHEREAS the Agency considers that for reasons of safety the highway traffic at the crossing should not be increased until such time as protective devices are installed and in operation at the said crossing; and

WHEREAS the Agency considers that presently visibility in the northeast quadrant of the said crossing is restricted for motorists.

UPON reading the submissions filed and upon the consent of the Department of Transport of the Province of Quebec,

IT IS ORDERED THAT:

1. The said crossing is declared to be a highway crossing.
2. The said crossing shall be maintained in compliance with the requirements of the Agency respecting highway crossings.
3. The cost of maintaining the crossing surface shall be paid by the Applicant.
4. The Railway shall install and thereafter maintain flashing light signals, short arm gates and bell with constant warning time control at the said crossing.
5. The said protective devices shall be installed in compliance with the requirements of the Highway Crossings Protective Devices Regulations General Order No. E-6, C.R.C. 1978, c. 1183.
6. Eighty per cent of the cost of installation of the said protective devices or the sum of 104,000.00, whichever is the lesser, shall be paid out of the moneys appropriated by Parliament for the purposes of the Railway Relocation and Crossing Act, S.C. 1974, c. 12; twelve and one half per cent of the said cost shall be paid by the Department of Transport of the Province of Quebec and the balance of the said cost shall be paid by the Railway.
7. The Railway is directed to prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Railway Transport Committee Order No. R-40670 dated May 20, 1987, or its replacement, for all construction and maintenance work carried out by the Railway under this Order.
8. Fifty per cent of the cost of maintenance and operation of the said protective devices shall be paid by the Railway and fifty per cent of the said cost shall be paid by the Applicant.
9. Until such time as the protective devices are installed and placed in operation, the Applicant shall ensure that vehicular traffic to and from the Proulx Street extension does not have access to the said crossing, and the Railway shall ensure that westward trains shall not enter the said crossing at speeds in excess of 40 miles per hour.

REASONS FOR ORDER File No. 26782.2085

The Town of Amqui has carried out improvements to the said crossing as shown on Plan A dated March 17, 1986 and Plans B and C dated November 11, 1985 and conditions at the crossing now meet with the general requirements of the Agency respecting highway crossings.

Currently the crossing only provides access to two companies located south of the track and originally, these were the only parties served by the crossing. The Town has extended Proulx Street along the south side of the track to serve a new industrial park as well as to provide an alternate access across the railway because the crossings in the downtown sector are often blocked by slow moving trains and switching moves.

The construction of the extension of Proulx Street is complete, however the Town and the Railway have blocked access from the extension to the crossing so that only the vehicular traffic from the said companies can use the crossing at present.

There are two tracks at the crossing, one mainline and one passing. Rail traffic consists of 2 passenger trains per day at a maximum speed of 55 mph and 2 to 4 freight trains per day at a maximum speed of 45 mph. It should also be noted that there are no scheduled train meets at this location but that they may occur from time to time. Opening access to the crossing from the extension of Proulx Street will reportedly increase the traffic from the existing 60 vehicles per day to an estimated 400 vehicles per day including 25 school buses in each direction.

All parties have clearly indicated that protective devices should be installed at this crossing. Upon completion of the installation of the protective devices, the safety of the increase in vehicular traffic as well as rail operations would be reasonably and adequately provided for.

Visibility in the north-east quadrant is obstructed by a building. For this reason, to provide for a minimum 10 seconds warning to motorist and pending installation of the protective devices, the maximum allowable speed for westward trains approaching the crossing should be reduced to 40 mph.

Considering conditions at the crossing and the expected increase in vehicular traffic from 60 vehicles per day to an estimated 400 vehicles, including 25 school buses in each direction, for the safety of the public, the traffic to and from Proulx Street extension should not have access to this crossing until such time as the protective devices are installed and in operation.