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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Date:
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #!lI.f!i..
Res. # 6/fl-- 58!-O/
Meeting:
JUNE 18,2001
Report No.: WD-33-0l
OurFileNo.: RR10.10
By-Law #
Subject:
TRAIN WHISTLING AND FLAT SPOTS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-33-0l be received;
2. THAT in the interest of public safety, and liability concerns, the Municipality not proceed
with an anti-whistling by-law as a means of reducing "nuisance noise";
3. THAT staff not proceed with a formal request and pay subsequent inspection costs of
approximately $400.00 to the rail authority to consider an anti-whistling policy at the
Scugog Street, Bowmanville crossing;
4. THAT staff not proceed with a formal request(s) and pay subsequent inspection costs of
approximately $400.00 per crossing to the rail authority(s) to consider an anti-whistling
policy at the following locations which already have the minimum protection of railway
gates or where gates are approved for 2001 :
. Port Darlington Road, Bowmanville, C.N.R.
. Toronto Street, Newcastle, C.N.R.
. Metcalf Street, Newcastle, C.N.R.
. Riley Road, Newcastle, C.N.R.
. East Townline Road, Former Clarke Township, C.N.R.
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. Darlington Park Road, Courtice, C.N.R
. Bennett Road, Bowmanville, C.N.R
. Cobbledick Road, Newcastle, C.N.R
. Baseline Road (McKight Road), Courtice, C.P.R
. Trulls Road, Courtice, C.P.R.; and
5. THAT Mr. Doug Hately be provided with a copy of this report.
REPORT
1.0 ATTACHMENTS
No.1: Correspondence dated October 1,1999 from C.P.R
No.2: Correspondence dated October 5, 1999 from C.N.R.
No.3: Correspondence received October 25, 1999 from Mr. D. Hately
No.4: Transport Canada Railway Safety Directorate Guideline No.1, Procedure and
conditions for eliminating whistling at public crossings dated August 13, 1999
received June 2000
No.5: Key map showing level railway crossings which have protective crossing gates or
are approved for 2001, which is a minimum requirement before anti-whistling can
be considered.
2.0 BACKGROUND
2.1 At a meeting held October 25, 1999, Council passed the following resolution:
"THAT Correspondence Item 1-10 and Item 1-11 be received for information;
and
THAT Correspondence Item 1-10 and Item 1-11 be referred to the By-law
and Works Departments in order to meet with C.P.R and C.N.R. staff in
order to mediate excessive noise from train whistling and also review the
warrants for protective crossing gates and report back to Council."
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2.2 At a meeting held on November 8,1999, Council passed the following resolution:
"THAT Correspondence dated October 20, 1999 from Mr. D. Hately be
referred to the By-law and Works Departments in order to meet with C.P.R.
and C.N.R. staff in order to mediate excessive noise from train whistling and
also review the warrants for protective crossing gates and report back to
Council. "
3.0 REVIEW AND COMMENT
3.1 Protective Gates at ScugOg Street, Bowmanville
Staff met with representatives of Transport Canada and C.P.R. during June of 2000 and all
parties agreed that with existing and future traffic volumes that the addition of gates would
improve public safety. This budget item in the amount of $21,000.00 was approved in the
2001 budget.
3.2 Other At-Grade Crossing Locations Requiring Protective Gates
Transport Canada, C.P.R. and Public Works have also identified the following locations
where upgrades to provide gates are approved in the 2001 budget:
. Trulls Road north of Baseline Road
. Baseline Road east of McKnight Road
3.3 Flat Spots
Residents occasionally complain of excessive train noises, which they believe to be "flat
spots" on train wheels. Such wheel abnormalities are the focus of rigorous inspection and
repair programs and are rare occurreoces. All railway crossings are posted with a 24-hour
toll free phone number and a crossing identification number for anyone to call if they are
aware of an urgent safety problem.
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3.4 Train Whistling Regulations
Whistling in Canada is governed by Transport Canada - Railway Operating Rules, which
state that:
"Long -long- short -long
At least one-quarter of a mile from every public crossing at grade (except
within limits as may be prescribed in special instructions), to be prolonged or
repeated according to the speed of the movement until the crossing is fully
occupied by the engine or cars.
At frequent intervals when view is restricted by weather, curvature or other
conditions."
The train engineer has the right and is obligated to sound a whistle at any time hazardous
conditions are encountered or perceived and may do so notwithstanding the existence of an
anti-whistling by-law.
The whistles on all trains manufactured since 1982 are push button controlled to provide a
consistent sound level. However, local weather conditions and wind direction can affect the
noise a whistle makes.
3.5 Anti-Whistling By-Laws
The railways and Transport Canada both recognize that precautionary whistling can be a
nuisance for occupants of dwellings close to the railway. In this regard, the parties are
prepared to work with municipal governments to establish exemptions from the whistling
rule, providing that to do so, does not compromise public safety. The Municipality must
meet Transport Canada's guidelines for eliminating whistling at a public crossing. The
guideline is neither a regulation, nor an order. Therefore, it does not have the force oflaw.
If an accident were to occur, the Municipality who made the change would be under a
stricter duty of care.
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PAGES
An anti-whistling by-law establishes a methodology for removing the use of train whistles at
at-grade crossings, provided that other safety elements including flashing lights, bells and
gates are in place. Additional safety requirements may include chainlink fencing, signing,
brushing or even consideration of a pedestrian overpass to resolve trespassing problems.
3.6 Whistling at ScugOg Street At-Grade Crossing
This location cannot be considered for inclusion in an anti-whistling by-law until after the
gates have been installed. After the gates are installed, this location should be reviewed for
other safety concerns before any consideration is given to an anti-whistling by-law. There is
a trespassing concem in this area where pedestrians have climbed or cut the chain link
fencing near the north end of Waver ley Road and walk along the tracks over King Street. A
fatality also occurred a number of years ago when a pedestrian was killed while trespassing
on the tracks at the Liberty Street Bridge.
3.7 Insurance
The Municipality would be required to execute an insurance agreement with the rail
authority, whereby the parties equally share the cost of the annual insurance premium per
crossing. Approximate annual municipal cost would range from $1,000.00 to $1,300.00 per
crossing (11 (eleven) crossings in total) with a $10,000.00 deductible. These costs are also
subject to escalation and would be in perpetuity. The premiums would be subject to
significant increase depending upon the number and extent of claims at a given crossing.
An initial inspection fee would also apply, which must be paid for solely by the
Municipality. At this point it is uncertain whether the municipal insurance pool would
require separate policies outside of the pool. It should also be noted that the liability may
reside entirely with the Municipality ifit proceeds with the no whistling policy.
3.8 Risk Management
The Railway and the Municipality are the only authorities responsible for anti-whistling; this
gives individuals who suffer damage as a result of a crossing accident the right to question
the decision to cease whistling in court. The thought of removing whistling as a safety
device cannot be taken lightly, as a collision with a freight train loaded with chemicals could
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PAGE 6
impact the entire community. Poor sight lines at railway crossings are an area of municipal
exposure that is on the increase. Without the train whistle, proper sight lines become critical
for safety and the courts in recent case law have demonstrated no reluctance to impose
liability when vision was a factor.
According to C.N. Rail: "Every year some 350 accidents resulting in over 50 fatalities take
place at railway crossings in Canada". There is a concern that removal of train whistling
may affect the current insurance pool. As well, in case law, anti-whistling by-laws place an
additional liability with respect to repair of level crossing safety eqnipment. The road
authority is frequently found primarily responsible for property damage claims by third
parties (i.e. vehicle damage). The same is also true for bodily injury.
3.9 Future Anti-Whistlinl!; Requests
If anti-whistling is introduced at one crossing in Clarington, additional requests are sure to
follow. In fact, if Staff and Council are prepared to support anti-whistling at anyone urban
crossing, then a proactive approach to the other Clarington crossings should be considered.
Due to the costs and increased risk of accidents if whistling is removed, such policies should
only apply in urban areas, where "nnisance whistling" affects thousands of residents.
Anti-whistling by-laws cannot be introduced at a crossing unless other safety devices
including railway gates are in place. Railway gate systems cost approximately $175,000.00,
with Transport Canada funding 80% and the railway contributing 8%, leaving 12% for the
road authority. Neither Transport Canada nor the rail authority will contribute their share
just to introduce anti-whistling. To justify the expenditure of gates, there must be a real
safety concern such as a double track, a siding adjacent to a track, high accident exposure
factors based on automotive/train volumes and speeds, or accident history.
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3.10 Costs
The introduction of anti-whistling policies will add to municipal budgets in a number of
ways.
. Staff time, fencing inspections
. Railway Safety Inspections
. Additional insurance with costs subject to mcreases from liability claims
($10,000.00 deductible)
. Cost of safety protection upgrades to meet anti-whistling guidelines
. Additional annual maintenance costs for fencing and other safety devices
3.11 Other Municipalities
The City of Oshawa introduced anti-whistling at three crossings during July 2000 but still
receive complaints because the by-law only removes the legal obligation for the train
engineer to sound the whistle. Many train engineers still sound the whistle because they feel
it is a necessary safety feature while others sound the whistle anytime they see motorists or
pedestrians near the crossing or along the tracks. The Town of Cobourg is funding a safety
review to determine what upgrades and costs would be involved to reduce whistling to
benefit tourism. The Town of Port Hope has r~ected the anti-whistling requests to maintain
a higher level of safety while avoiding costly upgrades and liability concerns.
4.0 CONCLUSION
4.1 The removal of whistling as a safety device cannot be taken lightly, as the additional costs of
insurance, accident claims, annual maintenance and staff time will impact the entire
community. Prom a staff perspective, the removal of the whistling safety device cannot be
supported. In other areas where anti-whistling by-laws have been approved, it has been a
Council decision when the community feels the benefit of stopping "nuisance whistling" for
nearby residents outweighs the costs involved and increased risks to residents, pedestrians
and motorists.
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- REPORT NO.: WD-33-01
PAGES
Respectfully submitted,
Reviewed by,
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Stephen A Vokes, P. Eng.,
Director of Public Works
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Franklin Wu,
Chief Administrative Officer
RDB*SA V*ce
11/06/01
Pc: Mr. Doug Hately
3 First Street
Bowmanville, ON
LlC 2A2
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CANADIAN
PACIFIC
RAILWAY
Paul Thurston
Manager
Public Affairs and MedIa RelotJOns
Suite 200
40 University Avenue
T oroma Ontano
MSIITO
Tel (416) 595-3032
October 1, 1999
John Mutton
Regional Councillor
Municipality of Clarington
Regional Municipality of Durham
40 Temperance Street
Bowmanville, ON, LlC 3A6
Dear Mr. Mutton,
In response to your September 24 letter regarding complaints of excessive
whistling in Bowmanville and noise from railway equipment, please refer to the
following excerpts from Transport-Canada-approved Canadian Railway Operating
Rules:
14 (I) long - long - short - long
(ii) At least one-quarter of a mile from every public crossing at grade (except
within limits as may be prescribed in special instructions). to be prolonged or
repeated according to the speed of the movement until the crossing is fully
occupied by the engine or cars.
(iii) At frequent intervals when view is restricted by weather. curvature or other
conditions,
While we are required to adhere to procedures which have the weight of federal
regulations. the Canadian Pacific Railway and its eastern subsidiary, the St.
Lawrence & Hudson Railway, recognize that precautionary whistling can be a
nuisance for occupants of dwellings close to the railway. In this regard, we are
prepared to work with municipal governments wishing to establish exemptions
from the whistling rule, providing that to do so would not compromise public
safety, For further information, please contact Gerry McKechnie, Public Affairs
Officer, St. Lawrence & Hudson Railway, 416 595-3010.
722
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ATTACHMENT NO.: 1
REPORT NO.: WD-33-01
COUNCIL 1NPORKAITON
1-11
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October 5, 1999
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Her Worship Mayor Diane Hamre
Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
Noise from train operations - including train whistling - is a fact of life for many
Canadians who live near railway facilities. In fact, train whistling is often considered a
nuisance that "someone" should remove.
However most people don't fully understand that train whistles, together with crossing
protection, are a key element in ensuring public safety at road/rail intersections. As such,
any change in their use requires careful consideration by both the railway and its
regulator, Transport Canada.
The accompanying pamphlet explains - in clear terms - the regulatory and safety
reasons behind train whistling, who regulates train whistling, and the process for
implementing an anti-whistling bylaw should a community desire that option.
We trust that this information will prove useful to you and to those of your constituents
with questions about train whistling. Additional copies of this pamphlet are available by
contacting our toll-free public enquiries line at 1-888-888-5909, where an operator is
available to handle your request during core business hours.
Thank you.
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Director - Public Affairs
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COUNCIL DIRECTION
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2 18 PH '99
3 FIfSl Street
Bowmanville ON L1C 2A2
October 20, 1999
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Mayor and Council Members
Municipality of Oaringlon
40 Temperance Street
Bowmanville ON L 1C 3A6
Madam Mayor and Members of Council:
Quality of life in central Bowmanville would be improlll!d if the hom blowing for the CPR
crossing at Scugog Street were discontinued. Crossing gates would haw to be inslaJled
and insurance issues addressed.
The City of Oshawa has been suoc: : 5 sfu1 in eliminating horn b1ov.ring at a number of
1ocatioI1S, but the pi iX [ 5] is time lXXlSUming and i1volves the Canadian TrallSpOrt
Commission, the raiway and the municipality. Peter SteIIenson at the City of Oshawa
TranspOl1ation DepaI1ment (Phone 436-5608 Ext. 281) can provide delails.
Will council support a motion to study and implement the elimination of horn blowing at the Scugog
Street crossing?
Sincerely
"
Doug W. Hately
905-697-0275
, DI61~unON
i CLERK I~
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! ACK. BY
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COPIES TO:
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ATTACHMENT NO.: 3
REPORT NO.: WD-33-01
TRANSPORT CANADA
RAILWAY SAFETY DIRECTORATE
GUIDELINE NO.1
PROCEDURE AND CONDITIONS FOR ELIMINATING WHISTLING
AT PUBLIC CROSSINGS
Backllround
Engine whistling requirements are controlled through the Canadian Rail
Operating Rules {CROR). Rule 14{L)(ii) requires whistling for public crossings at grade
"except as may be prescribed in special instructions". The railway company can initiate an
exemption by issuing an ilstruction which eliminates the application of rule 14{L)(ii).
Procedure
Municipalities seeking relief from whistling at public crossings must now
contact the pertinent railway company directly 10 discuss the mat1er. At the same time, the
municipality must also notify the general public and all relevant organizati:>ns of its intention
to pass a resolution forbidding the use of whistles in the area. The organizations are shown
in Schedule D. For any crossings where the road authority is not the municipality itself, then
the road authority must also be contacted. If the municipality and the railway company, and
the road authority where the road authority is not the municipality itself, are in agreement,
and the crossings meet the requirements outlined in Schedule A attached, the municipality
should pass a motion prohibiting whistling. If a dispute arises, one or the other party may
contact the pertinent regional director of the Surface Group in order to mediate (addresses
listed in Schedule C).
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726
ATTACHMENT NO.: 4
REPORT NO.: WD-33-01
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\fv'here an agreement has been reached between the railway and the municipality
(and the road authority, in the above-mentioned case) that whistling may be discontinued,
the railway should arrange to have the crossings inspected by a Transport Canada railway
safety offICer. If the offICer is of the opinion that the crossings meet the conditions contained
in Schedule "A" of this guideline, Transport Canada's Director General Railway Safety will
confirm this opinion by letter {sample letter atlached as Schedule "B"} to the railway
involved, following which, the railway may issue special instructions eliminating the
application of CROR Rule 14(L}(ii} at the crossings.
If the crossing meets the conditions contained in Schedule "A" of this
guideline but the officer has some safety concerns, the correction of which is a
straightforward matter (for example: brush clearing, signal circuit shortening), they will be
identified in the letter. They should be addressed prior to the elimination of whistling at the
crossing.
If the crossing does not meei the general conditions set out in Schedule "A" or
if there is a serious safety concem, the parties will be advised by letter that the whistling
should be retained. Once the corrective measures have been carried out, the officer may
be invited to reinspect the locations. Examples of such problems are trespassing, the
absence of necessary automatic waming devices, and so forth.
Ordinarily, the officer will visit the site after the railway's request: however, he
or she may become involved sooner.
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In the case where the railway does not agree to a prohibitDn of whistling, it
should inform the municipality of its reasons and also advise Transport Canada.
Conditions
The following outlines suggested conditions for crossings where relief from whistling is
being sought:
1. Crossing warning systems should be as indicated on the attached Schedule A
2. Generally, whistling restrictions should be on a 24 hour basis. Under exceptional
circumstances, and following consultation with Transport Canada, relief from
whistling may be permitted between the hours of 2200 and 0700, local time.
However the protection requirements should be the same as those required for a 24
hour whistling relief.
3. Rules, respecting the sounding of locomotive bells, should still apply.
4. \/\/here a crossing has experienced two or more accidents in he past five years,
even if the requirements lac out in Schedule A are met, the railway should refer the
matter to the appropriate regional direc10r of the Surface Group for a thorough safety
review before whistling is discontinued.
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SCHEDULEA
GUIDELINE NO.1
TRANSPORT CANADA
RAILWAY SAFETY DIRECTORATE
WARNING SYSTEMS REQUIRED WHERE WHISTLING IS TO BE EUMINA TED
Motor Vehicle CrossillQs Pedestrian/Bikeway Crossin~s
(rot adjacent 10 molor vehicle
crossings)
Maximum Train
Speed at Crossina NO.ofTracks No. of Tracks
1 2 or more 1 20rmore
Stop & proceed Aagging Flagging RCS Res
orFLB orFLB (Nom 2) (Nom 2)
Up to 15 m.p.h. FLB. FLB & G' Flagging, or Flaggi ng, or
maze barriers maze barriers
& glide & glide
fencing fencing
(Nom 5) (Nom 5)
16-65m.p.h. FLB FLB & G FLB, maze FLB & G
barriers &
guide mncing
(Nom 5)
Over 65 m.p.h. FLB & G FLB & G FLB & G FLB & G
. Except in cases where there is no possibility of a second train occurrence.
Notes:
1. Railway advance warning signs (Type \o\C-4, 4L or 4R) should be installed on all
vehicular approaches as per clause A.3.71 of the Manual on Unifonn Traffic
Control Devices for Canada.
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2. Res is pictogram type refleclorized crossing sign. These are mandalory at all
public crossilgs.
3. FLB is flashing lights and bell.
4. FLB & G is flashing lights, bell and gates.
5. Guide fencing is for the purpose of preventing delours around the maze
barriers. The design should be site specifi:.
6. Additional signs, signals, or a combination thereof may be required if specWic
safety problems exist at a particular crossing or if requirements, as outlined in
the grade crossing regulations, exist for a higher form of protection.
7. Normal railway operations shall not result in approach warning times of an
automatic warning system of more than 13 seconds bnger than the "Approach
Warning Time".
8. TraffIC signals within 30m of a crossing with automatic warning systems shall be
interconnected. Traffic signals over 30m from a crossing with automatic
warning systems shall be interconnected if queued traffIC reaches the crossing.
9. Notwithstanding the above, there may be other satety tactors such as a high
level of trespassing, and frequently poor environmental conditions, including fog
. or blowing snow, which may require a higher level of crossing protection or else
the retention of whistling.
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seHEDULE B
DRAFT
The items in brackets [.....J should be used only if necessary.
Place de Ville, Tower e
10lh Floor
330, Sparks Street
Ottawa, Ontario
K1AONS
7 September 1990
Dear Mr.
As requested in your letter of ........... a railway safety officer on .. (date) has
inspected the crossing[s] at mileage[s) .............. of your ...............subdivision.
At the time of his inspection the railway safety offcer was of the view that the
crossing[s] met the conditions contained in Transport eanada Railway Safety
Directorate Guideline NO.1.
[However the officer noted the following defbencies which should be corrected
regardless of any plans to cease whistling at the crossings:
..............)
Under the circumstances there would appear to be no reason why (railway
company) may not issue a special instruction which would prohibit the application of
eROR rule 14 (I)(ii) at the above crossing[s] [once the above-noted deficiencies
have been rectified]. At the same time I would ask you to bring the provisions of
CROR rule 14 (f) to the attention of train crews operating in this area.
Yours sincerely,
Direclor General
Railway Safety
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SCHEDULE C
REGIONAL OFFICES
RAILWAY SAFETY
Regional Director
Atlantic Region
Transport eanada
Heritage Court, Suite 418
95 Foundry Street
Moncton, N.B.
E1C5H7
Tel. 506-851-2298
Fax. 506-851-7042
Regional Director
Ontario Region
Transport Canada
20 Toronto Street, Suite 600
Toronto, Ontario
M5C 2B8
Tel. 416-973-9820
Fax. 416-973-9907
Regional Director
Pacific Region
Transport Canada
#225 - 625 Agnes Street
New \^kstminster, B. C.
V3M 5Y4
Tel. 604-666-2955
Fax. 604-666-7747
Regional Director
Quebec Region
Transport Canada
Suite 638
800 Rene Levesque Blvd. \^kst
Montreal, Quebec
H3B 1X9
Tel. 514-283-5722
Fax. 514-283-8234
Regional Director
Prai"ie and Northern Region
Transport Canada
344 Edmonton Street, Room 402
Winnipeg, Manitoba
R3B 2L4
Tel. 204-983-5969
Fax. 204-983-8992
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SCHEDULE D
RELEVANT ORGANIZAllONS
Mr. Tim Secord
Canadian Legislative Director
United Transportation Union
1595 Telesat Court
GLOUeESTER, Ontario
K1 B 5R3
Mr. George Hucker
Vice President and National Legislative
Representative
Brotherhood of Locomotive Engineers
150 Metcalfe Street, Suite 1401
OTTAWA, Ontario
K2P 1P1
Tel. (613)747~7979
Tel. (613)235-1828
Mr. Gary Housch
Vice President
Brotherhood of Maintenance of Way
Employees
2775 Lancaster Road #1
OTTAWA, Ontario
K1 B 4V8
Tel. (613)731-7356
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LEVEL RAILWAY CROSSINGS
(!J existing gates
Ji. proposed gates in 2001
* Note: Gates are a minimum requirement to introduce anti.whistling by-laws.
i KEY MAP
I DRAWN BY: J.R.M II DATE:JUNE 20~
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