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HomeMy WebLinkAboutPD-303-90 TOWN OF NEWCASTLE �•� �'' -' REPORT File # Res. # By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, October 1, 1990 REPORT #: PD-303-90 FILE #: SIJ&ECT: PETITION BY RESIDENTS FOR ANTI-WHISTLING BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-303-90 be received for information; 2 . THAT Ms . Cindy Atkinson, 202 Andrew Street, Newcastle Village, lead petitioner be advised that the Town is not prepared to pass an Anti-Whistling By-law for the reasons cited in the Staff Report and that a copy of Report PD-303-90 be forwarded to Ms . Atkinson. 1. BACKGROUND: 1. 1 By correspondence dated August 3, 1990, Cindy Atkinson and Jean Wilson of Andrew Street in Newcastle Village submitted a petition from area residents requesting the Town to pass an anti-whistling by-law between the hour 10:00 p.m. and 6 :00 a.m. in relation to the C.P. Rail level crossing at Arthur/Andrew Street in Newcastle Village. 1.2 Said correspondence was dealt with by Council on September 10, 1990 and was referred to the Director for investigation and . . .2 REPORT NO. : PD-303-90 PAGE 2 report back to the General Purpose and Administration Committee. 2 . COMMENTS: 2 . 1 Trains are presently required to sound whistles at railway crossings in Newcastle, as per Section 248 of the Railway Act under the Federal Regulation of Railways. 2 .2 Staff contacted Transport Canada and was provided with a copy of Guideline No. 1 procedure and conditions for eliminating whistling at public crossings . 2 . 3 In summary, the procedure indicates that municipality seeking relief from whistling must contact the railway company directly to discuss this matter. IF THE PARTIES ARE IN AGREEMENT and meet the requirements set out by Transport Canada, then the municipality can pass a by-law prohibiting whistling. 2 .4 Staff subsequently contacted Canadian Pacific Railway and was advised that train whistling at crossing is a necessity under the Railway Act and that failure to do so may place the company in severe liability in the event of an occurrence of accident. They also indicated that Transport Canada guideline has not been concurred with by Canadian Pacific Railway. It appears to be a futile exercise to have Canadian Pacific Railway to stop whistling at rail crossing given the Federal Legislative requirement and liability. 2 .5 The Town may proceed to pass an anti-whistling by-law, however, such a by-law would be unforceable and is unlikely to have the authority to override the Railway Act. . . . 3 J 9 1i REPORT NO. : PD-303-90 PAGE 3 2 . 6 In the event of the remote possibility that Canadian Pacific Railway agrees to stop whistling, such action is unlikely to negate the Town's liability in the unfortunate event of an accident at the crossing since it was the Town which initiated the Anti-Whistling By-law. In the present day where every accident is a potential cause of litigation, the removal of a safety feature would certainly place the municipality in a very vulnerable position with possible substantial increase in liability insurance premium. 2 . 7 Public safety and the municipality's liability are two paramount concerns that Staff advise that the Town not pass any Anti-Whistling By-law. Respectfully submitted, Recommended for presentation to the Committee 0"V I\_x) ,,, ;j 1 Franklin Wu, M.C. I .P. Lawrence Kotseff Director of Planning Chief A i istrative and Development Officer FW*jip *Attach 20 September 1990 59 % 1 1