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Page 23 of 23 |
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Who determines how fast a train can go over a grade crossing? |
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Since the train's speed can be such a critical factor in a grade crossing accident, it would seem the question of who determines the speeds at which railroads operate their trains over grade crossings would be of great import in determining liability when a crossing accident occurs. However, because of the supremacy of federal law (and regulations issued there under), this is generally not the case.
Operating under the authority granted it by Congress, the Federal Railroad Administration has issued regulations that establish different classifications of track with a maximum speed set for each classification of track. As long as a railroad maintains its track to meet the criteria for the classification of track it is operating on, that is the only speed limit it is required to be in compliance with. The practical effect of this is that as long as a train involved in a grade crossing accident was being operated at or under the federally established speed for that track when the accident occurred, it is extremely difficult if not impossible to make a claim that the railroad was negligent because it was operating its train at an excessive rate of speed. |
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