§ 222.1 Purpose of the Regulation

1. § 222.1 Purpose of the Regulation • Provide for safety at public highway-rail grade crossings by requiring locomotive horn use • Except in quiet zones established and maintained in accordance with this part

2. § 222.3 Areas Covered • Sounding locomotive horns when locomotives approach and pass through public highway-rail grade crossings • Creation and maintenance of quiet zones

3. § 222.5 Application Applies to all railroads except: • A railroad - freight trains only on track which is not part of the general system • Passenger railroads - on track which is not part of the general system - maximum speed of 15 mph • Rapid transit operations within an urban area that are not connected to the general railroad system of transportation.

4. Applies to Rapid Transit Operations • Share grade crossings with conventional railroads in a common corridor • Share track with conventional railroads.

5. § 222.7 Effect on State and Local Laws and Ordinances • Preempts any State law, rule, regulation • Except an additional or more stringent law, • Necessary to eliminate or reduce an essentially local safety hazard • Is not incompatible with a law, regulation, or order of the United States government; and • Does not unreasonably burden interstate commerce.

6. § 222.7 – Private Crossings • Does not cover routine sounding of locomotive horns at private highway-rail grade crossings. • State law is applicable • Private crossings in QZs discussed later

7. § 222.9 Definitions

8. Locomotive A piece of on-track equipment other than hi-rail, specialized maintenance, or other similar equipment– (1) designed for moving other equipment; (2) designed to carry freight or passenger traffic or both; or (3) without propelling motors but with one or more control stands (e.g. cab car).

9. Locomotive Horn A locomotive air horn, steam whistle, or similar audible warning device mounted on a locomotive or control cab car. • “locomotive horn”, “train whistle”, “locomotive whistle”, and “train horn”

10. Private Highway-rail Crossing • A highway-rail at grade crossing which is not a public highway-rail grade crossing. • For the purpose of this rule only.

11. Public Authority • The governmental jurisdiction responsible for: • safety and maintenance of the roadway crossing the railroad tracks at a public crossing. • Includes the traffic control authority or law enforcement authority,

12. Public Highway-rail Grade Crossing • A location where a public highway, road, or street, including associated sidewalks or pathways, crosses one or more railroad tracks at grade. • A public authority maintains the roadway on at least one side of the crossing • For this rule only.

13. Quiet Zone A segment of a rail line, within which is situated one or a number of consecutive public highway-rail crossings at which locomotive horns are not routinely sounded.

14. Wayside Horn A stationary horn located at a highway rail grade crossing that provides audible warning to oncoming motorists of the approach of a train.

15. § 222.11 Penalties • Civil penalty of least $500 and not more than $11,000 per violation • Willful violations - created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $22,000 • Falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311.

16. § 222.13 Who Must Comply Any person that performs any function covered by this rule. This includes: • A railroad • Contractor for a railroad • Local or State governmental entity

17. § 222.15 Waivers • 2 parties must jointly file for a waiver. • Railroad • Public authority • If no agreement to file a joint petition • either party may file • the filing party must specify the steps taken in an attempt to reach agreement. • the other party must get a copy of the petition filed with FRA.

18. § 222.15 Waivers • Filed in accordance with 49 CFR part 211. • If in the public interest and consistent with the safety of highway and railroad users, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary.

19. § 222.21 Locomotive Horn Use • When such locomotive or lead car is approaching and passes through each public highway-rail grade crossing. • Pattern - two long, one short, and one long • Repeated or prolonged until the locomotive or train occupies the crossing. • This pattern may be varied as necessary where crossings are spaced closely together.

20. § 222.21 Locomotive Horn Use • Sounded at least 15 seconds, but no more than 20 seconds, before the locomotive enters the crossing • Not sounded more than one-quarter mile (1,320 feet) in advance of the nearest public highway-rail grade crossing. • Not distance based but time based

21. § 222.23 Emergency Situations • May sound the locomotive horn to provide a warning to vehicle operators, pedestrians, trespassers or crews on other trains in an emergency situation • Locomotive engineer’s sole judgment • To prevent imminent injury, death or property damage.

22. § 222.23 Emergency Situations • The does not prohibit the sounding of locomotive horns in emergency situations. • It does not impose a legal duty to sound the locomotive horn in such situations. • Even in QZs, more than ¼ mile or with wayside horn at crossing.

23. § 222.23 Emergency Situations • Horns will sound in quiet zones if: • Automatic warning devices not properly functioning (Part 234) • Provide warning to roadway workers (Part 214)

24. § 222.25 Private Crossings • Does not require the horn at private crossings • Does not affect state laws regarding private crossings • May be included in a QZ – horns silent

25. § 222.33 No Horns at Individual Crossings • A railroad may, at its discretion, cease the sounding of the locomotive horn if • Speed is 15 miles per hour or less, and • and train crew members, or appropriately equipped flaggers flag the crossing to provide warning of approaching trains to motorists. • Not if automatic warning devices fail (Part 234)

26. § 222.59 Wayside Horn • May be used in lieu of a locomotive horn at any grade crossing equipped with gates • May be installed within a quiet zone. • Included in measuring the length of a QZ • A grade crossing equipped with a wayside horn shall not be considered in calculating the QZRI or CCRI. • Must comply with Appendix E

27. § 222.59 Wayside Horn • In a QZ, the crossing must be identified by both the Inventory Number and name in its notice. • Outside a QZ – provide FRA and railroad(s) • Written notice that a wayside horn is being installed • Operational date • Identified by both Inventory Number and name. • Provide notification at least 21 days in advance

28. § 222.59 Wayside Horn Railroad operating over a grade crossing • In a quiet zone shall cease routine locomotive horn use at the grade crossing. • Outside of a quiet zone may cease routine locomotive horn use by agreement with the public authority.

29. Appendix E - Requirements for Wayside Horns • Crossing has constant warning time device, if reasonably practical, and power-out indicator; • Horn system has an indicator to notify the engineer that the wayside horn is operating as intended • Allow engineer to sound the locomotive horn for at least 15 seconds prior to arrival at the crossing in the event the wayside horn is not operating as intended;

30. Appendix E - Requirements for Wayside Horns • Railroad must provide that the train horn be sounded if the wayside horn indicator is not visible, or does not indicate that the system is operating as intended • Provide a minimum of 96 and a maximum of 110 dB(A) when measures 100 feet from the horn in the direction it is installed

31. Appendix E - Requirements for Wayside Horns • Must sound at least 15 seconds prior to the train’s arrival at the crossing and while the lead locomotive is traveling across the crossing. • May begin to sound simultaneously with activation of the flashing lights or descent of the crossing arm • Horn shall be directed toward approaching traffic

32. § 229.129 Audible Warning Device • Each lead locomotive shall have an audible warning device • Minimum sound level of 96dB(A) and • Maximum sound level of 110 dB(A) • At 100 feet forward of the locomotive in its direction of travel. • Conveniently operated from the engineer’s usual position during operation of the locomotive. • Does not apply to rapid transit operations

33. § 229.129 Audible Warning Device Testing requirements • Locomotives built on 12/18/04 and later must comply immediately • Locomotives built before 12/18/04 must comply by 12/18/08 • Test and must comply when locomotives are rebuilt

34. § 229.129 Audible Warning Device Testing Procedures • Site free of buildings, hills, cars, etc. • 400 feet in front of locomotive • 200 feet to the sides of locomotive • Temperature between 36 and 95 degrees • Microphone – 15 ft ATR on centerline of track