(The following article by Tom Klein was posted on the Tower Timberjay News website on March 6.)
ORR, Minn. — Canadian National Railroad failed to get revised licenses necessary for some rail crossings when it increased train speeds up to 60 miles per hour on the track between International Falls and Duluth over two years ago.
As a result, the Minnesota Department of Transportation has informed the railroad that it must comply with the speed limits previously specified for those crossings. In Orr’s case, the previous limit was 49 mph.
The licenses are required only for crossings equipped with electronic signaling, according to Susan Aylesworth, director of the railroad section for MnDOT. She said there are 22 crossings that would be affected between International Falls and Duluth.
Safety concerns
Aylesworth explained that the state licenses those crossings to ensure that trains’ speeds are safe at the sites and that electronically-controlled crossing guards drop sufficiently ahead of trains’ arrival to protect motorists.
Canadian National said it had upgraded signaling equipment and its tracks before it increased train speeds in December 2003. But Aylesworth said the railroad is required to submit drawings and specs to the state if it wishes to increase train speeds at signaled crossings.
Canadian National has been informed of its oversight and told it must submit requests with the required information to increase the maximum speed at the affected rail crossings, according toAynsworth. Until the state approves new operating licenses, trains are to remain at the existing speed limits for crossings. Violation of the speed limits is considered a misdemeanor and the railroad could be fined. Multiple violations could result in even stiffer penalties.
That is, if the law is enforced by the state, which Aynsworth acknowledged might be difficult. Violations would have to be recorded by law enforcement, because MnDOT has no intention of monitoring train speeds at the crossings.
Brian Bruns, a member of Orr’s Railroad Safety Committee, said he intends to ask that the law be enforced.
“I hope the St. Louis County Sheriff’s Department and St. Louis County Attorney’s Office take notice of this,” he said, adding that trains have been clocked at speeds exceeding 50 mph at the crossing over the past two years.
Legal complications
Railroads traditionally fall under federal jurisdiction, and Canadian National did get federal approval before increasing its train speed. But states can impose some limits, such as restricting speeds at rail crossings as Minnesota does.
But Canadian National’s case could become even more complicated as a result of state legislation approved last year that allowed the city of Orr to set a speed limit on trains traveling through the community. Orr had sought the legislation, citing concerns about safety with trains traveling at 60 mph through the heart of the town and near the Orr School.
The city adopted a speed limit of 30 mph for trains traveling through Orr. Canadian National has sued the city to get the speed limit removed, saying the law is unconstitutional because it infringes on interstate commerce. Attorney General Mike Hatch contends the law is permissible and has pledged to assist the city in defending the speed limit.
Aynsworth is uncertain how the law affects the operating license for the crossing in Orr, but it could become a factor. That’s an issue for the courts, however, she said.
And that could be a while before the courts become involved. At a hearing before Magistrate Randall Erickson in Bemidji on Monday, a timetable for taking the matter to court was set.
According to Don Mueting, of the Minnesota Attorney General’s Office, Erickson wants all discovery completed by October and expects the case to be prepared for trial no later than February of 2007.