Summary
The California Court of Appeal held that the Public Utilities Commission lacked authority to prohibit trains from sounding locomotive-mounted horns at pedestrian rail crossings outside federally established quiet zones. The court interpreted Public Utilities Code section 7604 as requiring an audible warning device mounted on the train at such crossings and annulled the commission's contrary decision.
Topics
Practice areas
Questions Presented
- Whether Public Utilities Code section 7604 requires a locomotive-mounted audible warning device to be sounded at pedestrian rail crossings that are not within a federally established quiet zone.
- Whether the Public Utilities Commission has authority under Public Utilities Code sections 1201, 1202, and 701 to approve wayside horns in lieu of locomotive-mounted horns at those crossings.
Holdings
- Public Utilities Code section 7604 mandates that an audible warning device be sounded at pedestrian rail crossings in California that are not within federally established quiet zones.
- The Public Utilities Commission lacks authority to approve wayside horns in lieu of locomotive-mounted horns at the pedestrian crossings because doing so would contravene the legislative command in section 7604.
Key quotations
“We conclude the answer to that question is “no,” because in Public Utilities Code section 7604 the Legislature has commanded that an audible warning device mounted on the train must be sounded at every rail crossing in the state, except those within federally established quiet zones.” (at 778)
“Because the pedestrian crossings at issue here are not within a quiet zone established pursuant to the federal regulations, by the command of the Legislature in section 7604 a locomotive-mounted audible warning device must be sounded at those crossings.” (at 800)
Factual background
A railroad track in San Clemente separates the beach from residential and commercial areas and is used by BNSF freight trains and Amtrak passenger trains. A beach-trail project created or improved multiple at-grade pedestrian crossings, where approximately 50 trains per day sounded locomotive horns. San Clemente sought permission to install stationary wayside audible warning systems and use them in lieu of routine train-mounted horns. The crossings were not located in federally established quiet zones.
Procedural history
The City of San Clemente applied to the Public Utilities Commission for authority to use stationary audible warning systems at seven pedestrian crossings instead of routine locomotive horns. An administrative law judge concluded that the commission had jurisdiction, and the commission adopted that decision as Decision No. 12-08-028. The railroads sought rehearing, which was deemed denied when the commission did not act within the statutory period, then timely petitioned the Court of Appeal for a writ of review. The Court of Appeal issued the writ and set aside the commission's jurisdictional decision.