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Originally Posted by Catenary
No relevant regulations, HA, there are always regulations!
Actually though, I know of no rapid transit in Canada that has a level crossing that isn't already street running (and therefore under the HTA or local equivalent). Calgary and Edmonton might though, I'm not terribly familiar with their systems.
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Calgary and Edmonton have numerous level crossings where they aren't street-running. In fact, street-running is really the exception, being limited to basically Calgary in its downtown 7th Ave transit mall. Edmonton has a few short segments along its under-construction North line "on paper", but this turns out to be a complete closure of a street to general traffic and its replacement with light rail. Both systems also have a number of level crossings that are shared with CN or CP (i.e. co-located within the rail RoW) and those crossings fall under federal jurisdiction since the protected area of the crossing has to encompass both the LRT tracks and any mainline tracks.
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In the US, the FRA, part of the DOT handles rail lines. In Canada, Transport Canada regulates all inter provincial and inter country railways, along with railways that are "owned, controlled, leased or operated by a person who operates a railway that is within the jurisdiction of parliament". They make it clear on their website that "Urban Transit Infrastructure" is a Provincial and Municipal affair. Here in Ottawa, the Capital Railway (legal name for the O-Train) is a federally regulated system, because it runs on tracks shared with other, inter provincial railways.
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Partly, but there are two other reasons as well:
1. OC Transpo is federally regulated due to its cross-border bus routes, which means that Capital Railway, being a division of OC Transpo, is federally regulated too. This is the reason City officials often give to Council for the O-Train being federally regulated.
2. The City of Ottawa and Capital Railway were recently forced to acknowledge complete ownership of the Prince of Wales Bridge (i.e. since 2005, as above), a rail line that had never been abandoned and which lies partly in Quebec, a fact that places it under federal jurisdiction.
In Ottawa-Gatineau, any urban rail transit infrastructure would be federally regulated due either to (1) or an actual rail crossing like (2) above, so while the claim of transit being provincial and municipal is generally true across the country, it isn't completely true here nor would it be in any other border municipality with service across that border (including Windsor).
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It does however operate under a waiver, since the European trains are not crash rated (which is ridiculous, but I won't get into it) and have only one operator. They also have signalling backups (the Indusi system) and can't share the line when the trains are running.
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Except they do share the line... at Greenboro. When the NRC testing facility requires the use of its rail connection, here is how it works:
-the train from Walkley Yard sets up on the connecting track over the SE Transitway just north of Greenboro.
-they wait until an O-Train leaves Greenboro in the northbound direction; this gives them a window of about 10 minutes until the next southbound O-Train arrives
-railway personnel stationed at the Greenboro platform lift the platform extenders once the O-Train departs
-meanwhile, once the O-Train clears the switch, the switch moves to the connecting track
-the train pulls through onto the O-Train tracks and then through Greenboro Station
-the railway personnel at Greenboro lower the platform extenders
When the train returns from the NRC, much the same procedure is carried out but in reverse, with the train waiting south of Greenboro beyond the Indusi system, somewhere between Greenboro and South Keys. Here is a photo of exactly that:
and a northbound locomotive pulling through Greenboro, with the platform extenders up:
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In Ontario, I'm not sure what provincial regulations cover non TC regulated railways, but I don't think it's under the purview of the MTO.
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The applicable law is the Shortline Railways Act - but it explicitly excludes "urban rail transit systems". The Municipal Act and related acts like the City of Ottawa Act seem to cover such systems, though even there it is to "establish, operate and maintain" so who exactly regulates is still not clear (i.e. who gets to decide what the rules are at level crossings between an urban rail transit line and a 'highway', be it municipal or provincial?). It's one thing to have the power to establish and operate a completely grade-separated system, quite another to have the power to regulate the interaction of a system with level crossings. As for provincial shortlines, the Province has an agreement that TC will do its regulating for it, which is just as well since all of these shortlines interact with federal railways at some point anyway.
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In terms of a grade crossing, I don't see it being a big deal either way. Under the HTA, a railway would be a railway, regardless of if it is TC regulated or not.
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The duties of a driver at a crossing would seem to apply, yes, but we get back to who has the power to create such a crossing in the first place and what other infrastructure is required at them.
I can't just build a railway crossing across my street from my property, install crossing gates and operate a rail vehicle over it indefinitely expecting everyone to stop for me. Or at least I don't think I can.
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I do not believe that regular rail crossings are the jurisdiction of the MTO, since railways occupy a space above cars in the law.
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But which law? That's the entire point of this discussion. I've read through the HTA, the Public Transportation and Highway Improvement Act, the Public Vehicles Act, the Shortline Railways Act, the Municipal Act, and the City of Ottawa Act and have yet to categorically identify a provision in one of those laws governing the interaction of a non-streetcar urban rail transit system at level crossings. For federal railways, the power to create road crossings is explicitly included in the provisions of the Canada Transportation Act. For Ontario shortlines, they just daisy-chain off the federal rules. But urban rail transit systems in Ontario? Who knows?
For Ottawa it's not an issue since we're covered by federal regulation and TC has decided to let the City of Ottawa regulate its own urban rail transit system. But for the rest of the Province? Beats me, but Kitchener-Waterloo is the first place where it will have arisen, which is why I asked about it.
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What would make the difference is insurance, since i'm sure the city's premiums would climb if there is a grade crossing on a busy stretch like crossing Iris.
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They've been operating a far riskier busway-street crossing at Iris for a quarter century now... and the City self-insures anyway.
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Where crossings become more interesting in the future would be along Strandherd and Chapman Mills Dr. in Barrhaven. There would be quite a few crossings there, and it may be that in that case the trains fall under the HTA and are considered to be in mixed traffic with separate signals, like the segregated streetcar ROWs in Toronto. That is quite a way into the future, but one of the reasons the city went with low floor "trams" that can be used in mixed traffic.
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The segregated streetcar ROWs in Toronto all lie within the RoW of a 'highway' (but with access restrictions, like bus and bike lanes) under the HTA, so yes the HTA applies. The same circumstances would exist along Chapman Mills Drive in Barrhaven, but a fair bit of the RoW in Riverside South and Barrhaven near the Rideau River is entirely self-contained, like in parts of Calgary or like much of our busway network.
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As for the parking lot crossing near Marketplace, it's outside of the HTA, and blowing the stop sing (like any private stop sign) carries no penalties under the law. Where it does hurt is if you are in an accident, you can still be found at fault, as a different set of rules exists for that. The city could also have a By-Law that covers all or just their own private stop signs, but it could only carry a fine, no demerit points or other consequences. I checked that exact thing a few weeks ago, and to the best of my knowledge no such law exists in Ottawa covering private property, although the Transitway may be different.
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That matches my interpretation of it too. Essentially, the stop signs have no force in law but if you choose to ignore them and get into an accident, (1) your insurance company might have something to say about it; and (2) you might still be found guilty of something like negligence causing bodily harm, just as you might if you were waving around a knife somewhere and hurt someone.