RAIL SAFETY BUREAU 2004

NEW YORK STATE DEPARTMENT OF TRANSPORTATION

ANNUAL REPORT GEORGE E. PATAKI, GOVERNOR JOSEPH H. BOARDMAN, COMMISSIONER

Passenger and Freight Safety Division

Dennison P. Cottrell, Director

Rail Safety Bureau

Jerry Shook, Director Theresa Bender, Keyboard Specialist

Rail Accident Investigation Section

O. J. Guzman, Transportation Specialist 1 (Albany) Stephen Trudell, Transportation Specialist 1 (Albany) John Compitello, Transportation Specialist 1, Rail Accident Investigator, () Robert Maraldo, Transportation Specialist 1, Rail Accident Investigator (New York City) Joseph Stiga, Transportation Specialist 1, Rail Accident Investigator (New York City)

Rail Safety Inspection Section

William Green, Supervisor, Transportation Specialist 1, Rail Safety (Albany) Earl Walrath, Track and Structures Inspector (Eastern Region: Albany) Charles Moore, Motive Power and Equipment Inspector (Eastern Region: Albany) Robert Giblin, Track and Structures Inspector (Central Region: Syracuse) Frank Sibio, Motive Power and Equipment Inspector (Central Region: Syracuse) Keith McClain, Track and Structures Inspector (Western Region: Buffalo) Michael Michalski, Motive Power and Equipment Inspector (Western Region: Buffalo)

Public Transportation Safety Board

Joseph H. Boardman, Chairman, Commissioner, New York State Department of Transportation John F. Guinan, Acting Chairman and Executive Director, Assistant Commissioner, NYSDOT Thomas H. Clements, Board Member John S. Delaney, Board Member Deborah A. Green, Board Member Walter G. Rich, Board Member Matthew D. Sansverie, Inspector General, Metropolitan Transportation Authority

Executive Summary

afety is paramount in the State of New York. Whatever mode of rail transportation - commuter rail, light rail, freight rail or scenic rail - safety is the key to their efficiency and success. Based on the number of persons moved or the freight transported, New York State continues as a national leader in S the safe operation of passenger transit systems and freight railroads.

The overall state of railroad safety has improved over recent years. To continue this trend, public grade cross- ing improvements, state safety oversight, enforcement of regulations and the promotion of public education must continue unabated.

Aggressive enforcement of State and local laws is paramount if we expect this trend to continue. Approxi- mately 95% of all the rail related deaths are attributed to actions occurring at grade crossing or involving tres- passers.

New York State is committed to a course of action that will preserve the overall safety for all facets of rail transportation for the betterment of our people.

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Table of Contents

I Introduction Page 1

Operating Railroads in New York State 2004 Page 2

II. Public Transportation Safety Board Page 4

PTSB Reportable Accidents/Incidents - 2004 Page 5

PTSB Accident Investigations - 2004 Page 7

PTSB Accident Data 1995-2004 Page 10

Non Criteria Fatality and Injury Accidents Page 12

Accident Severity Index Page 13

III. Rail Safety Inspection Program Page 15

RSIS – Equipment 2004 Page 16

RSIS - Track 2004 Page 17

RSIS - Equipment 1995-2004 Page 18

RSIS - Track 1995-2004 Page 19

IV. RSIS Accident Investigations Page 20

RSIS Accident Data 1995 - 2004 Page 23

Key Rail Safety Activities Page 25

V. Grade Crossing Accident Data Page 26

Grade Crossing Accident Data - 2004 Page 27

Grade Crossing Accident Data 1995-2004 Page 28

VI Trespasser Issue Page 31

Rail Safety Bureau - Downstate (PTSB) Page 32

Rail Safety Bureau - Upstate Page 32

III

List of Tables

Table 1 - PTSB 2004 Accidents, Injuries and Fatalities by Criteria Type Page 6

Table 2 - PTSB 2004 Criteria Type by Property Page 6

Table 3 - PTSB Accident Severity by Criteria 1995-2004 Page 13

Table 4 - RSIS 2004 Freight Car and Locomotive Safety Inspections Page 16

Table 5 - RSIS 2004 Track Inspection Results Page 17

Table 6 - RSIS Equipment Safety Inspections 1995 - 2004 Page 18

Table 7 - RSIS Locomotive Safety Inspections 1995 - 2004 Page 18

Table 8 - RSIS Track Safety Inspections by Railroad Class 1995 - 2004 Page 19

Table 9 - RSIS Track Safety Inspections by Year 1995 - 2004 Page 19

Table 10 - RSIS Total Accidents by Accident Type and Year Page 23

Table 11 - RSIS Total Injuries by Accident Type and Year Page 24

Table 12 – RSIS Total Fatalities by Accident Type and Year Page 24

Table 13 – RSIS Accidents by Railroad Class and Year Page 24

Table 14 – Warning Devices at Active Public At-Grade Crossings Page 26

Table 15 – Grade Crossing Accidents, Injuries, Fatalities by Railroad 2004 Page 27

Table 16 – Grade Crossing Accidents by Railroad Class 2004 Page 27

Table 17 – Grade Crossing Accidents by Crossing Type 2004 Page 27

Table 18 – Trespasser Accidents 1995 – 2004 Page 32

Table 19 – Trespasser Accidents by County - Freight and Commuter Rail Page 34

IV

List of Figures

Figure 1 - PTSB Criteria Accidents: Annual Accidents vs. Three Year Average 1995-2004 Page 10

Figure 2 - PTSB Accidents - Collisions, Grade Crossings, and Derailments 1995-2004 Page 10

Figure 3 - PTSB Accidents - Evacuation, Multiple Injury, and Passenger Fatality 1995-2004 Page 11

Figure 4 - PTSB Accidents - Injuries and Fatalities 1995-2004 Page 11

Figure 5 - PTSB Accidents by Primary Probable Cause 1995-2004 Page 12

Figure 6 - PTSB Accident Severity Index 1995-2004 Page 13

Figure 7 - RSIS Accidents by Accident Type 2004 Page 20

Figure 8 - RSIS Accidents by Primary Cause 2004 Page 22

Figure 9 - RSIS Accidents, Injuries, Fatalities by Year 1995-2004 Page 23

Figure 10 - Grade Crossing Accidents: Annual Accidents vs. Three Year Average 1995-2004 Page 28

Figure 11 - Grade Crossing Accidents: Annual Injuries vs. Three Year Average 1995-2004 Page 28

Figure 12 - Grade Crossing Accidents: Annual Fatalities vs. Three Year Average 1995-2004 Page 28

Figure 13 - Grade Crossing Accidents: Class 1 Railroad vs. Three Year Average 1995-2004 Page 29

Figure 14 - Grade Crossing Accidents: Public Grade Crossings vs. Three Year Average 1995-2004 Page 29

Figure 15 - Grade Crossing Accidents: Private Grade Crossings vs. Three Year Average 1995-2004 Page 29

Figure 16 - Grade Crossing Accidents: Protection Crossing Accidents vs. Three Year Avg. 1995-2004 Page 30

Figure 17 – Trespasser Issues: Commuter Rail and Transit under PTSB Page 31

Figure 18 – Downstate Rail Properties Page 31

Figure 19 – Trespasser Data Page 33

Figure 20 – Geographic Distribution Map - Upstate Page 34

Figure 21 – Geographic Distribution Map - Downstate Page 34

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I. Operating Railroads in New York State

ew York State has the largest commuter and transit rail operations in the United States with rider- ship of over 1.3 billion passengers per year and an extra 1.3 million intercity passengers on seven railroads of varying classification. Also, there are 36 freight railroads in New York State that oper- N ate along 3,695 miles of track. According to the Association of American Railroads, freight rail- roads in New York State transported approximately 1.78 million carloads of goods that totaled nearly 74 mil- lion tons of freight during 2003. Additionally, there are six (6) tourist operations that carry an estimated 108,000 passengers over 104 miles of track annually.

The New York State Department of Transportation’s Rail Safety Bureau’s mission is to reduce the number, rate and severity of rail accidents to help ensure the safety of the users and employees of New York State’s passenger and freight rail systems. To fulfill these responsibilities, the Rail Safety Bureau supports two criti- cal safety program areas; the Public Transportation Safety Board and Rail Safety Inspections Section.

This 2004 Rail Safety Bureau Annual Report reviews the reported accidents and incidents which occurred on New York State’s freight, intercity passenger, commuter and transit railroads, as well as the safety inspections and investigations performed by the Bureau’s two program areas. A ten-year compilation of data including all facets of rail accidents and track and equipment inspections is provided in this report. A listing of all railroads operating in New York State under the jurisdiction of the Rail Safety Bureau appears on page 2.

The New York State Public Transportation Safety Board (PTSB), created in 1984, provides safety oversight and investigation activities for all commuter and transit operations of the Metropolitan Transportation Author- ity (MTA), New Jersey Transit (NJT - New York State Operations) and the Niagara Frontier Transportation Authority (NFTA). The activities are performed in a cooperative partnership with the Federal Transit Admini- stration (FTA).

The New York State Rail Safety Inspection Program has been in existence since 1910. The program provides safety oversight for railroad freight carriers as well as intercity passenger rail (Amtrak) operations in New York State. Since the Federal Railroad Safety Act of 1970, the Rail Safety Inspection Program has worked in partnership with the Federal Railroad Administration (FRA).

Operating Railroads in New York State 2004

Class 1 Class 2 ATK Amtrak BPRR Buffalo & Pittsburgh Railroad, Inc. CN Canadian National Railway Co. NYSW NY Susquehanna & Western Railway Corp. CP Canadian Pacific Railway ST Springfield Terminal Railway Co. CSX CSX Transportation Inc. BM Boston & Maine Railroad ‡ NS Norfolk Southern Railway Co. Class 3 APRR Albany Port RR. Corp. NYAR New York & Atlantic Railway Co. ARA Arcade & Attica RR. Co. NYCH New York Cross Harbour RR Terminal Corp BH BH Rail Corp. NYLE New York & Lake Erie RR Co. BKRR Batten Kill RR. Co., Inc. NYOG New York & Ogdensburg Railway Co. BSOR Buffalo Southern RR, Inc. OHRY Owego & Harford Railway, Inc. CLP Clarendon & Pittsford RR Co. ONCT Ontario Central RR Corp. DLWR Depew Lancaster & Western RR Co., Inc. OMID Ontario Midland RR Corp. FGLK Finger Lakes RR Co., Inc. RSR Rochester & Southern Railroad, Inc. FRR Falls Road Railroad PW Providence & Worcester RR Co. GNWR Genesee & Wyoming Railroad SOM Somerset RR Corp. LAL Livonia, Avon & Lakeville RR Corp. SB South Buffalo Railway Co. LBR Lowville & Beaver River RR Co. SBNX Syracuse, Binghamton & New York RR MSTR Massena Terminal RR Co. WCOR Wellsboro & Corning RR Co. MNJ Middletown & New Jersey Railway Co., Inc. WNYP Western New York & Pennsylvania RR MHWA Mohawk, Adirondack & Northern Railway Transit Tourist LIRR MTA Rail Road * ADCX Adirondack Scenic RR MNR MTA Metro North Railroad * CACV Cooperstown & Charlotte Valley RR NJT New Jersey Transit * CMRR Catskill Mountain RR NFTA Niagara Frontier Transportation Authority** DURR Delaware & Ulster Rail Ride NYCT MTA New York City Transit*** TIOC Tioga Central RR Inc SIR MTA Staten Island Railway***

* For the purposes of this report, MTA Long Island Railroad (LIRR), MTA Metro North Railroad (MNR), and New Jersey Transit (NJT) are considered Class 1 railroads.

** For the purposes of this report, the Niagara Frontier Transportation Authority Metro Rail sys- tem (NFTA) is considered a Class 2 railroad operation.

*** For the purposes of this report, the MTA New York City Transit (NYCT) and MTA Staten Island Railway (SIR) are considered independent from any railroad classification.

‡ Railroads that own tracks in New York State but do not operate trains.

2 New York City Transit Staten Island Railway

Long Island Railroad Metro North Railroad

New Jersey Transit Niagara Frontier Transportation

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II. Public Transportation Safety Board (PTSB)

New York State Public Transportation Safety Board (PTSB) was created in 1984 as an independent investigative and advisory body within the New York State Department of Transportation. It was the first such Board of its kind in the nation created to exam- ine the causes of accidents involving the State’s public transportation systems. Its mis- sion includes investigating accidents and making recommendations in order to reduce and eliminate railroad safety problems and accidents. The Public Transportation Safety Board is also responsible for overseeing the formulation, adoption and imple- mentation of System Safety Program Plans (SSPP) for public transportation operators under their jurisdiction.

New York State has the largest rail passenger system in the United States carrying over 1.3 billion passengers annually on nine hundred and twenty (920) route miles of track, exclusive of Amtrak. The following rail prop- erties are under the jurisdiction of the PTSB:

MTA New York City Transit (City Subway System) (NYCT) MTA Staten Island Railway (SIR) MTA (LIRR) MTA Metro North Railroad (MNR) New Jersey Transit (NY State Operations) (NJT) Niagara Frontier Transportation Authority (NFTA)

The PTSB can investigate accidents and incidents involving any carrier that receives Statewide Transportation Operating Assistance (STOA) and/or may meet the reporting criteria set forth in the Rules and Regulations of the Public Transportation Safety Board. Since 1996, the PTSB has been the State’s safety oversight agency for Rail Fixed Guideway Systems as mandated by the Federal Transit Administration. The properties regulated as a result of the FTA mandate are the New York City Transit and the Niagara Frontier Transportation Authority. The federal mandate constitutes a regulatory expansion of activities previously undertaken by the PTSB.

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PTSB Reportable Accidents/Incidents - 2004

The Public Transportation Safety Board has developed reporting criteria for all passenger rail accidents where public safety is affected. Accidents that impact public safety are required to be reported immediately to the PTSB for the initiation of investigative activity. This requirement is pursuant to Section 990.9 of the Public Transportation Safety Board’s Rules and Regulations.

Accidents that meet any of the following criteria are investigated by PTSB staff and may result in a compre- hensive report:

All collisions and derailments, except those minor incidents resulting from shifting cars and making up trains in yards;

All accidents at highway grade crossings;

All fatal accidents that result in death within 24 hours of the accident;

All accidents which result in two or more injuries that require medical attention either at the scene or at a hospital; or

All emergency evacuations of passengers to the roadbed or benchwall.

When an accident meets the above criteria, an investigation is performed by staff. The resulting report is re- viewed, finalized and submitted to the PTSB for approval. The report is then forwarded to the chief executive of the appropriate railroad property.

In addition to accidents which meet the PTSB criteria for investigation, information on other minor accidents, referred to as incidents, is also collected by the staff. This incident information is entered into a rail data base which is reviewed by staff for trends and instances of particular interest. These incidents, which are less se- vere in nature, are broken down into two general categories:

Incidents - These accidents include trespasser injuries and fatalities, yard derailments, passenger injuries oc- curring on station platforms, and fire/smoke conditions that do not result in evacuations; and

Incident collisions - These accidents are collisions which do not result in a derailment, disruption in mainline train service, or train equipment being removed from service. These incidents primarily include collisions with debris on the mainline and yard collisions occurring during the making up of trains.

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During the 2004 calendar year, the PTSB received notification for 353 accidents and incidents involving pas- senger service which resulted in 237 injuries and 59 fatalities. Forty-three of the forty-four fatalities reported as incidents were attributed to an individual (trespasser) who did not have permission of the railroad company to be on the right-of-way. Table 1 shows the total number of accidents and incidents reported to the PTSB staff as well as the total number of injuries and fatalities associated with those accidents.

Table 1 – PTSB 2004 Accidents, Injuries and Fatalities by Criteria Type

Criteria Total Accidents No. of Injuries No. of Fatalities Collision 11 141 0 Derailment 4 1 0 Evacuation 10 6 7 Grade Crossing 9 58 4 Multiple Injury 0 0 0 Passenger Fatality 2 0 2 Criteria Totals 36 206 13 Incident Collision 216 6 2 Incident/Accident 101 25 44 All Totals 353 237 59

Table 2 displays the accident distribution by railroad property for 2004. It should be noted that the New York & Atlantic Railroad (NYAR) is a freight railroad that operates on tracks maintained by the MTA Long Island Rail Road (LIRR).

TABLE 2 - PTSB 2004 CRITERIA TYPE BY PROPERTY

Criteria LIRR MNR NFTA NJT NYAR NYCT SIR Totals Collision 5 3 1 0 0 2 0 11 Derailment 1 0 0 0 0 3 0 4 Evacuation 5 0 0 1 0 4 0 10 Grade Crossing 7 2 0 0 0 0 0 9 Multiple Injury 0 0 0 0 0 0 0 0 Passenger Fatality 0 0 0 0 0 2 0 2 Criteria Totals 18 5 1 1 0 11 0 36 Incident Collision 141 62 1 1 1 10 0 216 Incident/ Accident 35 16 1 1 0 48 0 101

All Totals 194 83* 3 3 1 69 0 353 *Three of these incidents involved other rail companies using MNR Track.

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PTSB Accident Investigations - 2004

Of the 414 accidents and incidents that were reported in 2004, thirty-six met the PTSB’s reporting criteria and were thoroughly investigated by PTSB staff. When the PTSB investigates accidents, the facts and all available evidence are analyzed for the purpose of determining the most probable cause of the accident. Recommenda- tions with respect to mitigating future occurrences are issued and those recommendations may require the re- spective railroad operator and or property owner to implement corrective actions; develop new procedures; or adhere to the existing procedures contained in its System Safety Program Plan (SSPP).

In general terms, the following were determined to be the most probable causes for the 36 criteria accidents investigated by PTSB during the 2004 calendar year:

Other Vehicles (8)

Operating Personnel (8)

Track/Signal Component Deficiency/Failure (3)

Unsafe Actions of Pedestrians or Passengers (12)

Equipment (3)

Miscellaneous (2)

Following are summaries of key 2004 PTSB investigations which resulted in recommendations.

PTSB Case No. 7367:

On Wednesday March 10, 2004, at approximately 2:02 p.m., a Long Island Rail Road (LIRR) crew was delivering an out-of-service locomotive to the Fresh Pond Yard in . While in this process, they left LIRR engine #160 idling and unattended with only air brakes applied. The crew did not set the parking hand brake or chock any wheels as required by LIRR Operating Rule #961. The engine lost pneumatic brake cylinder pressure and rolled away, through the Fresh Pond Yard, passing over a derail which failed. The train eventually rolled out onto the New York and Atlantic Railway (NYAR) operated Bushwick Branch tracks, where it crossed over seven passive highway/rail grade crossings. The runaway engine struck three vehicles at two different crossings, seriously injuring a total of four people. The engine also dam- aged four other vehicles parked on private property, two NYAR contractor maintenance trucks and a backhoe. The runaway engine finally came to a stop after one of the maintenance trucks became wedged under the left front side of the engine. A fire erupted when a welder’s acetylene tank on the maintenance truck ruptured. The runaway engine traveled a distance of approximately two and one half miles and achieved a top speed of 31 m.p.h.

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The Public Transportation Safety Board staff found that the probable cause of this accident was the failure of the crew of Roustabout #146 to follow established operating procedures for securing unattended equipment as prescribed in LIRR Rules of the Operating Department. Contributing to the probable cause of this accident was the improper installation of the #2 main reservoir check valve which was installed upside-down and failed to operate as intended. Contributing to the severity accident was the failure of NYAR to repair an out-of-service split rail derail in a timely manner; relying on a temporarily installed lifting block type derail to protect the Bushwick Branch from runaways.

In addition to the discipline and corrective actions taken by the Railroad, the Board recommended that the Long Island Railroad and New York and Atlantic Railway conjunctively resolve the issue of pilot responsibil- ity.

PTSB Case No. 8199:

At 8:23 a.m., on September 21, 2004, as the southbound “B” train consisting of ten cars ap- proached the DeKalb Avenue Station at a slow to moderate speed, all four wheels of the lead (#1) truck on the eighth car derailed. As a result, one passenger who complained of chest pain was at- tended by Emergency Medical Service personnel and was subsequently transported to a local area hospital. A total of 172 passengers were escorted onto a reach train which had been brought up to the south end of the disabled train. The rescue train dis- charged the passengers onto the station platform at DeKalb Avenue without incident. The train operator and the conductor involved in this accident submit- ted to drug and alcohol screening tests preformed by New York City Transit (NYCT) medical staff; the results were negative.

The Public Transportation Safety Board (PTSB) staff finds that the most probable cause of this derailment was the brake rigging becoming entangled beneath the undercarriage of the truck of rail car #4530 causing the car to derail. The brake rigging dropped beneath the undercarriage because the roll pin which supports the dead lever assembly to the upper section of the truck was missing. Although the precise actions which resulted in the absence of the roll pin could not be determined, it is reasonably concluded that the condition should have been detected before this accident. Therefore, the failure of proper maintenance techniques and the lack of quality control standards during the inspection process most likely contributed to the failure and this derail- ment. The Public Transportation Safety Board staff recommended that the MTA-New York City Transit take appro- priate actions to ensure that personnel who maintain, supervise and inspect car equipment, do so according to established procedures and are held accountable should any deficiencies escalate into catastrophic results simi- lar to what occurred in this accident.

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Although the NYCT responded that this incident was an anomaly, the Division of Car Equipment conducted an inspection on the mechanical braking system and handbrake linkage assemblies for all passenger and work cars in the fleet. The entire fleet inspection was inspected and no similarities were found. Furthermore, the NYCT ensured the PTSB that all personnel who maintain, supervise and inspect car equipment will be held accountable if any activities are not executed properly.

PTSB Case No.. 8326:

At approximately 4: 30 pm on Friday, December 17, 2004, northbound Amtrak train #49 traveling at approxi- mately 85 mph struck an occupied box truck at the Pirate Canoe Club Road grade crossing in Poughkeepsie, New York. The impact separated the passenger cab from the cargo box of the truck and both sections of the truck came to rest north of the crossing. The truck driver was ejected from the vehicle and also came to rest north of the crossing on the railroad right-of-way where he expired from his injuries. Although there were no reported injuries to any of the approximate 128 passengers on board or the train crew, the train engineer was transported to a local hospital for post accident anxiety. As Amtrak dispatched two relief engines from Al- bany, the passengers remained on board throughout the police investigation and until the change of engines.

Pirate Canoe Club Road, which services a local river club, is asphalt paved up to the private grade crossing located on the Metro North’s Hudson Division in the Town of Poughkeepsie. The roadway, also known as Rivercrest Road, extends from US Route 9 until it reaches the Rivercrest Condominium Complex. Further west of the Complex, the road continues towards the railroad tracks on a downhill grade, crosses over the tracks and ends in the parking lot of the Pirate Canoe Yacht Club.

The Public Transportation Safety Board staff found that the most probable cause of this accident was the un- safe action of the truck driver entering onto the railroad right of way with his vehicle, directly in the path of the oncoming train. Contributing to the probable cause was the truck driver operating his vehicle while under the influence of drugs and alcohol.

Recognizing that the railroad is already taking steps to provide an appropriate level of active warning devices at this location, the Board requested that Metro North Railroad consider the extent to which additional steps on the part of the Pirate Canoe Club may be appropriate to protect those using the crossing until such time as gates and flashers are installed and operating. The Railroad advised the Club of its willingness to make cross- ing safety presentations to its members and encouraged the Club to install additional signage on its roadway and parking areas alerting vehicle operators of the need to exercise caution in proceeding over the crossing. The Board encourages the Railroad to expedite the installation of the planned active warning devices at which time the interim protective measures can be discontinued. Gates and flashers have been ordered and expected to be installed during the first quarter of 2006.

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PTSB Accident Data 1994-2004

Between 1995 and 2004, a total of 3,966 reportable accidents and incidents occurred. PTSB conducted full investigations on 360 of the most severe accidents which met the investigation criteria during this period. Fig- ure 1 shows the trend of all criteria accidents investigated by PTSB from 1995-2004. For the ten-year period, three year running averages were calculated to show that there has been a 38% decrease in criteria accidents for the period.

Figure 1 - PTSB Criteria Accidents Annual Accidents vs. Three Year Average 1995-2004

60 56

50 44 46 45 43 42 43 40 40 37 35 32 32 36 33 34 29 31 29 30 25 27 20

10 Number of Accidents 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Annual Accidents Trend Line

Figure 2 shows the number of collision, grade crossing accidents and derailments over the past ten years with few anomalies and no discernable trends.

Figure 2 - PTSB Accidents - Collisions, Grade Crossing, Derailments 1995-2004 25 20 19 20 14 15 13 13 12 12 12 11 11 8 9 9 10 9 10 8 8 9 9 9 7 7 776 7 5 4 5 1 2

Number of Accidents 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Collisions Grade Crossing Derailment

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Although the number of evacuations had remained relatively constant over the last ten years (averaging 4.7 per year), last year saw a 70% increase in evacuations over the previous year primarily as a result of an increase in the unsafe actions of individuals not riding on the trains (trespassers); seven incidents of this nature were re- corded in 2004. Multiple injury accidents have remained relatively constant for the ten-year period; averaging less than two per year while fatality accidents have averaged two per year. Only one multiple injury accident was reported in 2004.

Figure 3 Evacuations, Multiple Injuries and Passenger Fatals

12 10 10 10

8 6 6 5 55 44 4 4 4 4 3 22 2 22 2 1 11 1 11 1 11 0 0 0 0 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Evacuation 565510102310

Multiple Injury 4411411011 Passenger Fatality 1224040122

For the 360 PTSB criteria accidents that occurred from 1995-2004, the primary probable causes involved:

Car Equipment (27) Figure 4 - PTSB Accident by Probable Cause 1995-2004

Crew (51) Highway Vehicle 30 % Car Equip ment Track Related (58) 8% Operat io ns 6% Operations (20) Ot her Passeng er Tracks 28 % 5% 16 % Miscellaneous (41) Pedest rian 10 %

Pedestrian (36) M iscellaneous 11 % Crew 14 % Passenger (19)

Highway Vehicle (108)

Figure 4 illustrates the distribution of investigated accidents by probable cause for the ten-year period. During the period between 1995 and 2004, 59% of all PTSB criteria accidents were attributed to non-railroad primary causes (e.g., highway vehicles, pedestrians, trespassers, hit objects). Of railroad-related primary causes, operat- ing personnel (14%) and track component failure (16%) accounted for 30% of accidents investigated by PTSB.

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Non Criteria Fatality and Injury Accidents

The PTSB’s focus is on accidents that occur in revenue service and on the overall safety of the traveling public using these public transportation services. The Board does receive reports of accidents that go beyond the Board’s primary focus and statistics are presented for reference. The most important of these is the number of fatalities which have averaged 57 per year for the past decade.

From 1995 through 2004, accidents reported to PTSB resulted in 1,760 injuries and 575 fatalities. Nearly half of the injuries and 89% of the fatalities were attributed to accidents that did not meet PTSB accident criteria but are reported for trend analysis. These accidents include customers tripping on platforms, slipping between platforms and trains, jumping in front of trains (suicides), and trespassing. For 2004, thirty-six (36)of the fa- talities occurred as result of trespasser activity.

Figure 5 - PTSB Accidents - Injuries and Fatalities 1995-2004

350 293 300 292

250 237

18 6 200 17 6 16 6 Fatalities Number of Casualties 15 7 150 Injuries 10 6 100 82 65 65 65 58 62 62 59 53 50 47 53 50

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Figure 5 displays the annual injuries and fatalities per year from 1995-2004. A comparative increase in the number of injuries is evidenced in the chart; from a low of 65 in 1998 to a high of 293 in 1995. In 2004, one hundred twenty-six (126) of the injuries shown resulted from a single collision accident and fifty-six were the result of one single crossing accident. The number of fatalities rose slightly, averaging 57.5 fatalities per year with a high of 65 in 1996 and 1997, compared with low of 47 in 2001. Eighty percent (80%) of the re- ported fatalities are associated with trespasser activity primarily occurring on the New York City Transit and the Long Island Rail Road properties.

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Accident Severity Index

The PTSB has developed an accident severity index based on the number of injuries and/or fatalities resulting from an accident. The index is set on a 1 to 5 scale where an accident resulting in a fatality is rated a “5” and an accident resulting in no injuries receives a “0.” Injury index ratings are shown on the following scale:

The index was applied to all criteria accidents investigated by the Accident Severity Index PTSB from 1995 through 2004 and calculated to produce an aver- age yearly index over a ten-year period. It is reasonable to assume Severity Rating that certain reportable criteria accidents would have a higher index than others, such as multiple injury accidents and passenger fatali- Any Fatality 5 ties. In the process of evacuations, a high accident severity rating Injury to > 10 people 4 arises as a result of either a train killing or injuring a person on the right-of-way or by another event that results in multiple injuries. Injury to 7 to 10 people 3 Table 3 provides an illustration of the application of accident sever- Injury to 3 to 6 people 2 ity index by criteria for the ten-year period showing all criteria acci- dents, number of injuries, number of fatalities and the average acci- Injury to 1 or 2 people 1 dent severity by criteria. No Injury 0

Table 3 – PTSB Accident Severity by Criteria 1995-2004 Criteria Accidents # Injuries # Fatalities ASI Grade Crossing 115 50 27 1.87 Collision 79 323 1 1.37 Derailment 84 161 0 1.11 Evacuation 47 36 13 2.23 Passenger Fatality 18 0 18 5.0 Multiple Injury 17 300 1 2.47 Totals 360 870 60 2.34

In the years where the ASI is greater than the ten-year average, there was a large number of fatality accidents or multiple injury accidents where more than ten people were injured. For example, in 1995, of the 40 acci- dents investigated, 20% (8) of the accidents resulted in at least one fatality, and five accidents resulted in more than 10 injuries each. In 2004, thirteen of the thirty-six accidents investigated resulted in a fatality and 17% of those reported accidents resulted in more than one injury. Over the ten-year period, 68 accidents, or 19%, of all the accidents investigated, resulted in either a fatality (71) or more than ten injuries (17) or both (2). Figure 6 shows a ten year overview of the yearly severity index average for that period against the 10 year average (shown with trend line).

Figure 6 - PTSB Accident Severity Index Overview 1995-2004

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2

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Severity Index 1.75 1.54 1.16 1.14 1.76 1.21 1.14 0.82 1.63 2.34

Severity Index Expon. (Severity Index)

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III. RSIS Rail Safety Inspection Program

The Rail Safety Inspection Program conducts statewide equipment and track inspections, accident investiga- tions, and safety monitoring for freight and passenger railroad operations in New York State, excluding the commuter and transit passenger rail operations under the jurisdiction of the New York State Public Transporta- tion Safety Board. The Rail Safety Inspection Program carries out the responsibilities of the Commissioner for railroad safety under state law, as well as agreed upon responsibilities for the federal railroad safety program administered by the Federal Railroad Administration. The Rail Safety Inspection Program’s key responsibili- ties include the following:

Performance Monitoring - Inspections for compliance with state and federal railroad safety laws, rules and regulations of private railroad trackage and railroad equipment

Accident Investigations - Department contact for railroad accidents and appropriate investigations.

Safety Training - Workshops for railroad employees and Operation Lifesaver.

Technical Assistance - Safety related technical support.

While emphasis of the program is generally on the larger freight railroads operating in New York State due to the amount and type of freight moved, the Department’s goal is to review all private tracks annually. Federal standards classify railroads by the amount of annual operating revenue and, for purposes of this report; analy- sis is conducted and summarized by the federal classification as follows:

⇒ Class 1- Railroad companies with annual operating revenues in excess of $266.7 million. These include the national railroad companies such as CSX Transportation and Norfolk Southern Rail- road.

⇒ Class 2 - Railroad companies with annual operation revenues between $40 million and $266.7 mil- lion. These operators are sometimes referred to as “regional” railroads.

⇒ Class 3 - Railroad companies that have average annual operating revenues less than $40 million. These railroads are sometimes referred to as “short” line railroads.

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Rail Safety Inspections - Equipment 2004

Freight car and locomotive inspections are based on the federal standards under Title 49 of the Code of Federal Regulations. The rail equipment safety inspections correspond to federal safety standards and regulations for freight cars and locomotives and involve three general categories:

⇒ Safety Standards - regulations covering car bodies, trucks, draft system components, electrical and fuel systems. ⇒ Safety Appliances - regulations dealing with items designed to ensure employee safety. ⇒ Power Brakes - regulations covering air or electronically controlled braking systems designed to stop a locomotive or car in service or emergency mode.

When inspections are conducted, a single freight car or locomotive could have one or more defects in each of the categories described. While a freight car or locomotive may have multiple defects within each category, it is counted only as one defective unit. During 2004, the Rail Safety Inspection Section (RSIS) staff performed inspections of 14,700 freight cars and found a total of 3,142 defects on 2,546 cars. In addition, inspections were performed on 247 lo- comotives during 2004 with 343 defective conditions noted on 139 locomotives. Freight cars and locomotives found to have severe defects are required to be set aside for immediate repair. Table 4 displays the type of inspections performed as well as the number of defects found during 2004.

Table 4 - RSIS 2004 Freight Car and Locomotive Safety Inspections

Safety Standards Safety Appliance Power Brakes

Inspected # Cars / Total # Cars / Total # Cars / Total Motive Equip- #Locos De- Defects #Locos Defects #Locos Defects ment fective1 Found2 Defective1 Found2 Defective1 Found 2

Freight Cars 14,700 372 391 1,096 1,525 1,078 1,226

Locomo- 247 139 286 19 24 32 33 tives Total 14,947 511 677 1,115 1,549 1,110 1,259 1 Sin- gle freight cars/locomotives are counted only once as being defective when defects from the three safety categories are found on the single unit. 2 Multiple defects can be found on any single piece of equipment.

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Rail Safety Inspections - Track 2004

Rail Safety Inspectors conduct track inspections for compli- ance with federal standards and regulations. Various as- pects of the inspections include bridge inspections (track only), mainline, branch line and yard tracks. Inspections can be performed by walking the track, in a hi-rail vehicle or by riding a train and involve enforcing federal standards for tie conditions, track geometry, rail conditions, condi- tions of switches and other requirements. State inspectors also review the track inspection records of the railroad for timeliness of inspections and repairs, adequacy of informa- tion relative to the inspection, and integrity of the track owner’s record keeping system.

During 2004, a total of 4,750 miles of track were inspected for compliance with federal and state regulations. During these inspections 634 defective conditions were re- ported; a ratio of one defect found for every twelve miles of inspected track. When grouped by railroad class, as defined previously, the defects found per miles inspected ratio are listed on table #5 as follows:

⇒ Class 1 - 1 defect for every 12 miles of inspected track; ⇒ Class 2 - 1 defect for every 5 miles of inspected track; and ⇒ Class 3 - 1 defect for every 4 miles of inspected track. Table 5 - RSIS 2004 Track Inspection Results

Defects / Miles Number of No. Defects Inspected Ra- Turnouts Turnouts Track Inspec- Records Class RR Miles Inspected Found tio Inspected Defective tion Records Defects Class 1 3180 256 1.12 926 136 5918 19 Class 2 436 91 1.5 124 24 1113 1 Class 3 1057 255 1.4 416 106 1931 18 Tourist 77 32 1:2 20 2 0 0 Total 4750 634 1.7 1486 268 8962 38

In addition, 1,486turnouts were inspected with 268 found defective, while 8,962 track inspection records were reviewed with 38 records determined to be defective. Staff regularly monitors the railroads to ensure that the defective conditions found are corrected.

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Rail Safety Inspection Data - Equipment 1995 - 2004

From records on file from 1995 - 2004, the Rail Safety Inspectors per- formed inspections of 139,815 freight cars, 3,363 locomotives, and 55,754 miles of track. On an annual basis, inspection data for this pe- riod shows that State equipment inspectors averaged approximately 13,981 freight car inspections and 336 locomotive inspections which uncovered an average of 541 freight car and 554 locomotive defects. The trend for equipment inspections of freight cars and locomotive is displayed in Tables 6 and 7.

Table 6 - RSIS Equipment Safety Inspections 1995-2004

Freight Car Safety Standards Freight Car Safety Appliance Freight Car Power Brakes

Freight Cars Total Year Number Total Number Defec- Total Number Defec- Defects Inspected Defective Defects Found tive Defects Found tive Found 1995 16,116 536 661 2,147 3,448 730 900 1996 14,503 557 606 1,401 2,052 1,173 1,452 1997 10,811 345 381 1,250 1,920 763 907 1998 17,157 797 854 1,398 2,155 1,084 1,254 1999 15,735 536 584 1,056 1,491 759 876 2000 14,495 452 477 1,204 1,727 839 976 2001 11,192 408 436 964 1,377 754 938 2002 13,525 524 596 1,101 1,525 799 942 2003 11,581 413 444 740 1,013 827 901 2004 14,700 391 372 1,096 1,525 1,078 1,226 Total 139,815 4,959 5,411 12,357 18,232 8,880 10,298

Table 7 - RSIS Locomotive Safety Inspections 1995-2004

Locomotive Safety Standards Locomotive Safety Appliance Locomotive Power Brakes Year #Locomotives Number Defec- Total Number Defec- Total Number Defec- Total Inspected tive Defects Found tive Defects Found tive Defects Found 1995 527 350 932 106 156 5 8 1996 360 266 990 66 110 11 14 1997 97 84 268 16 34 1 1 1998 472 320 689 53 83 9 10 1999 471 261 668 60 116 14 16 2000 400 231 555 32 47 6 12 2001 287 158 388 24 39 15 19 2002 297 199 510 35 60 27 30 2003 205 115 254 14 23 27 23 2004 247 139 286 19 24 32 33 Totals 3,363 2,123 5,540 425 692 147 166 18

Rail Safety Inspection Data - Track 1995 – 2004

RSIS track inspectors annually inspected an average of over 5,575 miles of track, 1,590 turnouts, and over 6,303 track records. For that period, a defects-to-track mile inspected ratio averaged one defect for every eight miles of track inspected. Additionally, there was an average of over 311 turnouts found defective and fifty track records found deficient per year during this period. Using the railroad classification described previ- ously, Table 8 shows the track inspection totals by railroad class but does not include Tourist Rail Service.

Table 8 - RSIS Track Safety Inspections by Railroad Class 1995-2004

Track Turnouts Track Inspection Records Class RR Track Miles Total Defects Defects/Miles Turnouts Turnouts Records Records Inspected Found Inspected Ratio Inspected Defective Inspected Defective

Class 1 43,127 2,890 1:14 10,652 1,863 44,375 147 Class 2 3,984 834 1:5 1,143 382 6,972 18 Class 3 8,643 3,134 1:3 4,105 874 11,683 336 Total 55,754 6,922 1:8 15,900 3,119 63,030 501

Table 9 reflects the annual miles of track inspected and defects found by the various types of inspections per- formed by the Rail Safety Inspection staff.

Table 9 - RSIS Track Safety Inspections by Year 1995-2004

Track Turnouts Track Inspection Records

Year Track Miles Total Defects Defects/Miles Turnouts Turnouts Records Records Inspected Found Inspected Ratio Inspected Defective Inspected Defective 1995 4,305 457 1:9 1,168 209 2,637 51 1996 5,451 940 1:6 1,455 355 8,058 35 1997 6,196 856 1:7 2,180 473 4,559 16 1998 5,133 525 1:10 1,560 286 5,855 34 1999 6,317 531 1:12 1,417 354 5,336 97 2000 6,536 751 1:9 1,645 325 7,890 110 2001 5,575 901 1:6 1,779 328 7,626 35 2002 6,728 596 1:11 1,652 304 6,475 69 2003 4,763 731 1:8 1,578 219 5,632 16 2004 4,750 634 1:7 1,466 266 8,962 38 Total 55,754 6,922 1:8 15,900 3,119 63,030 501

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IV. RSIS Accident Investigations

If one of the following events occurs, freight, intercity, and tourist railroads operating in New York State are required by the Rail Safety Bureau to provide immediate notification to the Rail Safety Inspection Section (RSIS):

All train and train service accidents involving a passenger train; All train and train service accidents which cause delays to passenger train movements of more than 30 minutes; All collisions, except those minor collisions which can be repaired without the need to move to a repair facility; All freight train derailments that occur on tracks where maximum authorized track speed exceeds 25 mph, involve placarded hazardous materials cars, or derails at least five freight cars; Any release or spill of a hazardous material identified in 49 CFR Part 172; All bridge or other track opening failures; Any accident involving a steam powered locomotive All accidents at street or highway/rail grade crossings; or All train and train service accidents which result in death or injury that requires immediate hospi- talization.

The Niagara Frontier Transportation Authority and the Metropolitan Transportation Authority with its affili- ated properties are subject to the authority of the Public Transportation Safety Board and therefore excluded from this reporting requirement.

Accident Investigations - 2004

There were 89 accidents reported to the Rail Safety Inspection Section in 2004 that resulted in 24 injuries and 13 fatalities. The accidents included derailments, collisions, highway/railroad grade crossings, hazardous ma- terials releases, trespassers, employee accidents and obstructions. Nine of the 24 injuries resulted from grade crossing accidents, and seven involved trespasser incidents. Two fatalities resulted from grade crossing acci- dents while ten occurred due to trespassing activity. One fatality involved employee related activities.

Figure 7. Distribution by Accident Type During 2004

25 24

20 Derailment 17 16 Grade Crossing 15 Tresspasser Derailment-Yard 10 8 Collision-Yard 5 5 5 4 Obstructions 5 3 2 Employees 0 Other D Grad Tr Derail C O EmployeesO Collision Hazm er e ollision bs t Collision sspas her ai truct lment e m at Cross ent Release Hazmat Release ser -Yard ions -Y ing ar d

20

Of the eighty-nine accidents reported to the Rail Safety Inspection Section (RSIS), thirty-seven were field in- vestigated. Following are examples of two accidents investigated by the RSIS staff during 2004.

On February 3, 2004, a CSXT train traveling east struck an automobile crossing the tracks. Although the cross- ing is protected with crossing gates and flashers, neither was working. It was determined that the crossing pro- tection was defective and out of service and the train crew failed to follow proper crossing procedures. As a result of this collision, the FRA conducted and assessment of the crossing protection on the West Shore Line and found a number of problems that the railroad was required to address. Additionally, this accident resulted in unprecedented agreement with the New York State Attorney General’s Office to provide for protection of malfunctioning crossings following an investigation.

The Attorney General’s investigation found that CSX: • Failed to make timely repairs to malfunctioning safety equipment at crossings, as required by law; • Failed to notify local law enforcement authorities in a timely manner about malfunctions of safety equipment, such as gates and warning lights, at its crossings; and, • Failed to maintain accurate records tracking the status of malfunctioning warning systems at cross- ings.

Under the terms of the agreement CSX will take a number of steps to improve safety at its crossings. Some of these steps were initiated while the investigation was in progress. Further measures include:

• Repairing warning system malfunctions at railroad crossings within 24 hours or as soon as possible; • Notifying law enforcement agencies when receiving a credible report of a crossing system malfunc- tion, or when warning systems cannot be repaired within 24 hours, or when these crossing safety sys- tems are deactivated by CSX; • Improving testing and inspection of railroad crossing safety equipment; • Improving record keeping on crossing safety matters; and, • Issuing updated and improved maintenance instructions to employees.

On June 27, 2004, CSXT train Q159/26 was traveling North following train L161/26 into a controlled siding to clear for Southbound traffic when it rear ended L161/26. As a result of this collision, seven cars of L161 were derailed, two of which partially blocked State rout 9 W for approximately 10 hours. Three cars were also derailed on train Q159.

The investigation revealed that the lead locomotive of Q159 did not have an operable speed recorder and was ordered to proceed without proper repairs. The train crew of train L161 was charged by the carrier with failure to stop short of train ahead. The Federal Rail- road Administration has charges pending against CSXT and the employees that ordered the L161 to proceed without an operable speed recorder on the lead locomotive.

The primary cause of this collision was the engineer’s failure to follow operating practices resulting in his failure to stop short of the train ahead. Furthermore, civil penalties were pursued against CSXT for using lo- comotive with no operable speed recorder. 21 Upon completion of an investigation, a determination is made of probable cause based on the facts and circum- stances of the accident. The causes are classified in the following general categories and subcategories:

⇒ Equipment - air brake part defect/failure; burned off journal; car structure defect/failure; mainte- nance failure; valve/seal defect/failure; wheel failure; other

⇒ Operating Practices - Communications failure; improperly loaded lading; misaligned couplers; rules violations; train handling.

⇒ Track - maintenance failure; rail defect / failure; switch defect/failure.

⇒ Crossing – Highway Vehicle Operation: Stopped on crossing; drove around/through gate; stopped then proceeded or did not stop; vehicle stuck/stalled on crossing; pedestrian walking around gates.

⇒ Other - miscellaneous; natural causes; trespasser; vandalism; vehicle fouling track.

Of the 89 accidents reported in 2004, probable causes attributed to trespassers (15) and non-railroad vehicles (43) accounted for 65% of all the reported accidents, while infractions of operating practices contributed to 18% of the accidents. Figure 8 shows the distribution of primary probable causes for the 89 accidents occur- ring in 2004.

Figure 8. 2004 Accident Breakdown

Miscellaneous 3

Equipment 12

Trespasser 15

Operating Practices 16

Highway Vehicle 21

Track 22

22

RSIS Accident Data 1995-2004

From 1995 to 2004, the Rail Safety Inspection Section was notified of 1,156 accidents that resulted in 329 in- juries and 189 fatalities; averaging 116 accidents, 33 injuries, and 19 fatalities annually. A collision between Amtrak and CSX in 2001 resulted 62 of the 86 injuries reported for the year. Figure 9 illustrates the distribu- tion of accidents, injuries, and fatalities by year.

Figure 9 - RSIS Accidents, Injuries, Fatalities by Year 1995-2003

100% 14 20 20 20 23 17 22 21 19 13 80% 17 36 33 24 17 24 39 19 3 4 86 60%

40% 117 16 2 113 12 2 10 8 10 5 12 1 9 7 89 12 2 20%

0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Fatalities 20 20 20 23 17 22 14 21 19 13 Injuries 17 39 36 19 34 33 86 24 17 24 Accidents 117 113 122 108 105 162 122 121 97 89

For the 1,156 accidents reported during the ten-year period, 283 of them were grade crossing accidents which resulted in 91 injuries and 32 fatalities and 228 were trespasser accidents which resulted in 86 injuries and 149 fatalities. In the majority of grade crossing accidents, it was the unsafe actions of non-railroad peo- ple that were the most frequent primary cause. After a steady increase from a low of eighteen accidents re- ported in 1994, trespasser accidents reached a peak of 33 in 1998 and thru concerted efforts by statewide Rail systems, the Operation Lifesaver Program and the NYS Rail Safety Bureau, the number decreased to a low of 13 in 2003. Mainline derailment accidents have remained relatively steady for the period with the excep- tion of a spike which occurred in 1994 and 2000. Tables 10 through 12 show the distribution of accidents, injuries, and fatalities by accident type for the ten-year period. Table 13 displays the number of accidents by railroad class and year.

Table 10 – RSIS Total Accidents by Accident Type and Year*

Accident Type 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Total Grade Crossing 39 24 32 21 27 35 24 31 33 17 283 Trespasser 18 25 27 33 23 27 22 22 13 16 228 Derailment-Mainline 22 15 20 21 17 31 21 23 17 24 196 Derailment-Yard 17 20 13 8 12 16 23 20 11 8 160 Collision-Yard 4 9 10 11 13 28 13 7 4 5 108 Obstruction 6 8 10 6 7 16 8 4 4 5 71 Hazmat Leak 8 8 8 6 4 4 3 5 3 2 52 Other 3 2 1 2 2 3 3 6 8 9 24 Collision-Mainline 0 2 1 0 0 2 5 3 4 3 19 Employee Casualty 2 1 1 1 0 0 0 1 4 5 15 Total 117 113 122 108 105 162 122 121 97 89 1156

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Table 11 - RSIS Total Injuries by Accident Type and Year Accident Type 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Total Injuries Grade Crossing 10 9 13 3 11 11 5 10 13 6 91 Trespasser 3 10 18 12 10 8 13 4 1 7 86 Derailment-Mainline 0 0 0 0 0 0 1 1 1 0 3 Collision-Mainline 0 17 0 0 0 2 66 0 0 0 85 Other 3 1 0 1 0 0 0 6 2 9 22 Collision-Yard 0 2 3 3 13 12 2 0 0 0 35 Hazmat Leak 0 0 1 0 0 0 0 0 0 0 1 Obstruction 0 0 1 0 0 0 0 0 0 2 3 Derailment-Yard 1 0 0 0 0 0 0 0 0 0 1 Total 17 39 36 19 34 33 87 21 17 24 327

Table 12 - RSIS Total Fatalities by Accident Type and Year Accident Type 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Total Fatalities Grade Crossing 5 3 4 1 3 3 4 2 5 2 32 Trespasser 14 16 15 22 13 19 10 18 12 10 149 Other 1 0 1 0 0 0 0 1 2 1 6 Collision-Mainline 0 1 0 0 0 0 0 0 0 0 1 Derailment-Mainline 0 0 0 0 1 0 0 0 0 0 1 Total 20 20 20 23 17 22 14 21 19 13 189

*See page 26 for definitions of the three railroad classes.

Table 13 - RSIS Accidents by Railroad Class and Year* RR Class 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Total Accidents Class 1 100 106 101 95 84 130 100 96 86 86 984 Class 2 9 4 7 1 5 5 7 3 0 0 41 Class 3 7 3 14 12 16 25 15 19 11 3 125 Tourist 1 0 0 0 0 2 0 3 0 0 6 Total 117 113 122 108 105 162 122 121 97 89 1156

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Key Rail Safety Activities

Primarily through the efforts of the Rail Safety Bureau, NYS DOT continually implements strategies and pro- grams that directly relate to reducing the number and severity of railroad accidents. Following are summary activities that focus on certain types of accidents involving human factor-caused accidents, grade crossings, mainline derailments, and trespasser accidents.

⇒ The Department of Transportation receives federal, state and local funds to be expended on grade crossing improvement projects focused either on eliminating or improving crossings. Projects are selected based on railroad and highway traffic volumes as well as accident data. The Department invests $6 million per year on active projects to improve warning devices. Recent legislation re- garding private grade crossings should also enable the Department to reduce the number of acci- dents that occur at private grade crossings as well.

⇒ The Rail Safety Bureau participates in Operation Lifesaver, a railroad safety education program that is delivered to schools and localities throughout the State. The emphasis of this program is to educate the general public regarding dangers associated with the railroads, especially safety con- cerns along the railroad right-of-ways. RSB staff participation includes workshops, information booths at fairs, train rides, and presentations.

⇒ Since the majority of mainline derailments occur on the major freight lines in New York State, the Rail Safety Inspection Section’s Track and Equipment Inspectors conduct over 80% of their inspec- tions on Class 1 railroads.

In addition to the inspections and accident investigations, Rail Safety Inspection Section staff was involved in the following activities:

• 28 FRA Training Classes

• 10 Workshops for RR Labor/ Management;

• Technical assistance for NYSDOT involving 3 capital projects;

• 5 formal investigations in response to public or industry complaints of railroad violations of state or federal regulations.

• Team evaluations of the CP Rail East Binghamton Yard and the Norfolk Southern Gang Mills Yard. These inspections were comprised of inspections and reviews of deficiencies in mechanical operations.

• Buffalo Southern (BSOR) evaluation of track conditions in relationship to newly contracted freight. Reviewed findings with MSOR management.

• Joint Inspections with the FRA and Transport Canada in joint inspections in Buffalo, NY to be- come familiar with USA and Canadian procedures.

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IV. Grade Crossing Data

There are approximately 5,900 active at-grade highway/railroad grade crossings in New York State. Of this total, 2,916 are public grade crossings, with the remainder private grade crossings. The Manual of Uniform Traffic Control Devices (MUTCD) specifies that the minimum type of warning device at any public grade crossing shall be railroad crossbuck signs. Most public grade crossings in New York State that have signifi- cant train operations have automatic warning devices consisting of flashing lights or flashing lights with short arm gates. Table 14 displays the distribution of the number and percentage of public grade crossings by the type of warning devices.

Table 14 – Warning Devices at Active Public At-Grade Crossings

Warning Devices Number of Crossings Percent of Crossings

Gates, Flashers, Crossbuck 1,609 55.2%

Flashers, Crossbuck 404 13.9%

Highway Traffic Signal 35 1.2%

Stop Signs 18 0.6%

Crossbucks 850 29.1%

Total 2,916 100%

Source: NYSDOT Freight and Economic Development Division’s Grade Crossing Inventory Database

Courtesy of Ironwood Technologies, Inc.

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Grade Crossing Accident Data - 2004

During 2004 there were 26 grade crossing accidents (freight, commuter, light rail) in New York State that re- sulted in a total of 64 injuries and 6 deaths. Although there was a 62% reduction in accidents from 2003 data, there was a 75% increase in injuries. This anomaly is attributed to a collision that occurred between an MTA Metro North commuter train and a tractor trailer on September 20, 2004. Approximately 92% of the accidents occurred at public grade crossings with the remaining accidents (2) occurring at private grade crossings. Table 15 shows the 42 accidents which occurred in 2004 summarized by railroad. Table 16 displays the same distri- bution by railroad class and Table 17 compares the data for public and private grade crossings.

Acci- Fatali- Involved Railroad Owner of Railroad Property Injuries dents ties

Amtrak CSX 2 0 0 CSX Transportation CSX 10 2 2 Genesee & Wyoming RR Genesee and Wyoming RR 1 0 0

MTA Long Island Rail Road LIRR 7 1 3

MTA Metro North Railroad Metro North 2 57 1 NY Susquehanna & Western Railway Corp Delaware Otsego Corp. 2 2 0

Norfolk Southern Railroad Norfolk Southern 2 2 0

Totals 26 64 6

Table 15 - Grade Crossing Accidents, Injuries, Fatalities by Railroad 2004

Railroad Class Accidents Injuries Fatalities

Class 1 23 62 6

Class 2 2 2 0

Class 3 1 0 0

Total 26 64 6

Table 16 - Grade Crossing Accidents by Railroad Class 2004

Crossing Type Total Accidents Total Injuries Total Fatalities

Public 24 64 6

2 0 0 Private

26 64 6 Total Table 17 - Grade Crossing Accidents by Crossing Type 2004

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Grade Crossing Accident Data 1995-2004

There were a total of 398 grade crossing accidents that occurred during the ten-year period [1995-2004] in- volving all railroads operating in New York State. These accidents resulted in a total of 199 injuries and 62 fatalities with a high of 53 accidents occurring in 1995. The lowest number of accidents (26) occurred in 2004. As illustrated in Figure 10, the ten-year data reflects a slight decrease in the running three year average through 2000 with a constant with the recent past. This three year average trend line, developed from fourteen years of accident data, reflects the Department’s continued efforts to reduce grade crossing accidents in New York State.

Figure 10 - Annual Grade Crossing Accidents vs. 3 Year Average 1995-2004 100

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Annual Accidents 53 44 41 34 35 47 34 42 42 26

3 Yr. Ave 45 44 45 43 40 37 39 39 39 35

The number of injuries and fatalities arising from grade crossing accidents has also declined over the same ten- year period. Note: fifty-six of the total injuries reported in 2004 were the result of one accident. Figure 11 dis- plays the trend for injuries over this period and Figure 12 similarly shows the trend for fatalities.

Figure 11 - Grade Crossing Accidents Annual Injuries vs. 3 Year Average 1995-2004 100

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Annual Injuries 18 13 26 5 15 18 9 15 16 64 3 Yr. Ave. 18 16 16 19 15 15 13 14 14 13

Figure 12 - Grade Crossing Accidents Annual Fatalities vs. 3 Year Average 1995-2004

10

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Annual Fatalities 9973439486 3 Yr. Ave 9888636555

28

For the same ten-year period, grade crossing accidents occurred on Class 1 railroads 83% of the time, averag- ing thirty-two accidents annually. The number of accidents has slightly declined, on average (30 annually), for the last five years of the period compared to the first five years (33 annually). The Class 2 and Class 3 railroad accident rates stayed relatively constant with both railroad classes averaging four accidents per year. Figure 13 displays the accident trend for Class 1 railroads for the time period, based on three-year averages.

Figure 13 - Grade Crossing Accidents Class 1 Railroads vs. 3 Year Average

60 39 37 38 37 32 30 31 30 40 28 30 20 43 38 29 28 28 34 27 33 35 23 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Class 1 Accidents 3 Yr. Ave.

Figure 14 - Grade Crossing Accidents Public Grade Crossings vs. 3 Year Average 1995-2004

60 36 35 36 37 33 29 29 29 28 40 29 20 40 38 34 26 27 35 24 27 34 24 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Actual Accidents 3 Yr. Ave. The distribution of grade crossing accidents for the ten-year period by crossing type (public or private) shows that approximately 81% of the grade crossing accidents occur at public crossings. Data also indicates that there is an overall decline in public grade crossing accidents (40%) from a high of 40 in 1995 to a low of 24 in 2001 and 2004. Figure 14 displays the trend of public grade crossing accidents and Figure 15 shows the trend for private grade crossing accidents.

Figure 15 - Grade Crossing Accidents Private Grade Crossings vs. 3 Year Average 1995-2004

20 15 10 88 10 66 6 7 5 6 6 7 5 9 13 6 7 8 8 12 10 15 8 2 0

Number of Accidents of Number 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Actual Accidents 3 Yr. Ave.

29

Grade crossing warning devices alert highway users that a train is approaching a grade crossing. Warning de- vices typically range from standard crossbuck signs to automatic flashers and gates. Figure 16 displays the accident trend of public grade crossings utilizing the highest form of warning devices (gates with flashers and crossbucks) from 1995 through 2004. As the figure suggests, public grade crossing accidents at highly pro- tected locations have decreased by during the ten-year period.

Figure 16 - Grade Crossing Accidents High Protection Crossing Accidents vs. 3 Year Average 1995-2004

40 27 35 27 27 28 22 30 24 20 25 19 20 19 20 15 10

5 30 32 20 19 18 23 16 17 29 34 Accidents of Number 0

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Actual Accidents 3 Yr. Ave.

Automatic flashers and gate with crossbuck

Highway grade crossing

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VI. The Trespasser Issue

In recent years, rail trespasser deaths have replaced grade crossing fatalities as the largest category of deaths associated with railroading. Grade crossing and trespasser incidents account for about 95 percent of all deaths related to train operations. Yet Federal and State regulatory and enforcement authority are of limited value in addressing these two areas. Significant improvements on these subjects are more likely to result from effective and intensive educational efforts directed at potential victims of these kinds of incidents, aggressive enforce- ment of state and local laws concerning motorist responsibilities at crossings and access to railroad property, funding for physical improvements that reduce the likelihood of mishaps, and productive research on techno- logical solutions and behavioral factors.

Figure 17 - Reported Trespasser Data 1995 - 2004 Communter Rail and Transit under PTSB 100

50

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Cases 48 57 69 64 77 78 70 62 56 59 Injuries 22 10 15 13 30 30 29 10 15 3 Fatalities 41 46 55 39 46 49 39 50 39 36

Figure 17 represents a ten year overview of reported trespasser incidents occurring downstate in the Metropolitan area serviced by the commuter railroads and transit systems.

The data represented in Figure 18 further illustrates the downstate accidents for each operating property. The properties involved include MTA New York City Transit (City Subway System) (NYCT); MTA Staten Island Railway (SIR); MTA Long Island Rail Road (LIRR); MTA Metro North Railroad (MNR); New Jersey Transit (NY State Operations) (NJT); and Niagara Frontier Transportation Authority (NFTA). (NFTA, although obvi- ously not a downstate rail operation, is included in the downstate statistics because it comes under PTSB’s ju- risdiction.)

Figure 18 - Dow nstate Rail Properties 1995 - 2004

NFTA SIR

NJT MNR

LIRR NY CT

NY CT LIRR MNR NJT SIR NFTA

Fatals 241 159 49 4 1 1 Injuries 130 45 16 0 2 0 Cases 351 223 72 5 3 1

31

Courtesy: Volpe Center—Trespassers on Railroad property.

Rail Safety Bureau - Upstate

Table 18 illustrates a break down of the number of trespasser accidents, injuries and fatalities by railroad op- erator.

Table 18 - Trespasser Accidents by Operator 1995 - 2004

Railroad* Cases Injuries Fatalities

AMTRAK 50 8 42

CONRAIL 3 3 0 CSX 63 23 44 CP – RAIL 9 4 5

D & H 28 18 14 NORFOLK SOUTHERN 16 6 9 CR 49 21 31 SBNY 1 0 1 *SeeNJT Page 2 for Railroad name 4 0 4 Totals 223 83 150

32

The data depicted on Figure 19 breaks out the number of trespasser cases, with injuries and fatalities, over the last ten years as reported to the RSIS.

Figure 19 - Reported Trespasser Data 1995 - 2004 Freight, Intercity and Tourist Operations 40

20

0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Cases 18 26 27 33 22 27 22 19 13 15 Injuries 3 101812108 133 1 7 Fatalities 14 16 15 22 12 19 10 17 12 10

Grade crossing and trespasser incidents account for about 95 percent of all deaths related to train operations. In recent years, rail trespasser deaths have replaced grade crossing fatalities as the largest category of deaths asso- ciated with railroading. Over the past ten years in the state of New York 599 persons moving about railroad property without authorization (trespassing), have been killed .

On the following page Figures 20 and 21 offer a geographic perspective of fatal trespasser accidents that have occurred in each county throughout New York State between 1995 and 2004. Figure 20 shows all freight rail- road accidents while figure 21 highlights all commuter accidents including four in Fairfield, CT which in- volved Metro North operations.

Table 19 separates the Freight Railroad fatalities from the Commuter Rail properties. The Property distribution (Freight and Commuter) table identifies all railroads operating in New York State that have been involved in trespasser accidents over the same time period. As noted, the State of New York averages 60 trespasser fatali- ties per year. The data shows that the problem is statewide with a higher concentration of cases occurring in the more populated counties

33

Figure 20 - Freight Rail Fatalities Statewide

Table 19. Freight Fatalities in New York State by County 1995-2004 County Fatalities County Fatalities County Fatalities County Fatalities Albany 8 Erie 23 Niagara 6 Oneida 2 Bronx 3 Essex 1 Onondaga 11 Steuben 2 Broome 7 Genesee 2 Orange 5 Tioga 2 Cattaraugus 1 Greene 1 Otsego 1 Ulster 3 Chautauqua 8 Herkimer 4 Putnam 3 Washington 1 Clinton 1 Monroe 26 Rockland 2 Wayne 5 Columbia 3 Montgomery 2 Saratoga 3 Westchester 1 Delaware 0 New York 5 Schenectady 6 Wyoming 1 Dutchess 1 Sub Total 150 Commuter Fatalities in New York State by County Bronx 28 112 Queens 64 Westchester 30 Dutchess 4 Nassau 45 Richmond 1 Fairfield, CT 4 Erie 1 Orange 1 Rockland 6 Kings 76 Putnam 2 Suffolk 75 Total 599

Figure 21 - Commuter Rail Fatalities

34 NEW YORK STATE DEPARTMENT OF TRANSPORTATION

35