(The following story by Amanda Tetlak appeared at KFYRTV.com on March 1, 2010. Ron Huff is Legislative Representative of BLET Division 746 in Mandan, N.D.)
BISMARCK, N.D. — During the last legislative session, lawmakers passed a bill that doesn`t require train engineers to blow their whistles at private railroad crossings. There`s been confusion as to whether a certain crossing in Bismarck is public or private, so Burlington Northern Santa Fe (BNSF) railroad requested the Public Service Commission (PSC) to hold a hearing to determine that.
The residents say the whistles are a nuisance, but BNSF says the whistles need to be blown for the public`s safety.
Folks in Highland Acres say they`re tired of the loud train whistles, because the noise from 22 trains a day is simply unnecessary, and there should be no question that the crossing near Fraine Barracks is private.
“It is used primarily for access to Fraine Barracks. It is unnamed, it doesn`t appear on any city, county, or school district street map that I`ve been able to find. Other than previously mentioned on snow removal, it is not repaired or maintained by the city,” said Highland Acres resident Jim Christianson.
But even if the PSC determines the crossing is in fact private, it doesn`t mean residents are in the clear. If commissioners find there`s enough threat to public safety, they can determine whistles still need to be blown. BNSF says there is some risk.
Sot/Stephen: “A curve in the track, some trees and some other vegetation that may restrict the view of a motorist approaching the crossing, may restrict that motorist`s view of an approaching train,” said Stephen Plambeck, BNSF attorney.
But even train engineers themselves testified that whistles at that crossing are unnecessary because there isn`t much traffic there and they are only going about 16 miles an hour and can stop in a couple hundred feet.
Sot/Huff: “We do err on the side of caution and when we see a car coming down there a thousand feet from the crossing at 50 miles per hour, we`ll think, `no, this car`s not going to stop.` and we`ll take the appropriate action,” said Ron Huff, Brotherhood of Locomotive Engineers and Trainmen.
The PSC will take the testimony into consideration when making a final decision on the matter. A few dozen people turned out for the hearing today, most of them hoping the PSC will decide whistles don`t need to be blown at the crossing.