WASHINGTON — The Federal Railroad Administration (FRA) has assessed civil penalties against CSX Transportation, Inc. for multiple violations of highway-rail grade crossing safety regulations related to a Feb. 3, 2004 accident in Henrietta, N.Y., where a train struck a vehicle and killed an elderly couple.
CSX has been assessed fines totaling $298,000 for failure to make repairs without undue delay at three highway-rail grade crossings where the flashing lights and gates were known to be malfunctioning.
In addition, FRA cited the railroad for failing to have the train crew involved in
the accident ‘stop and flag’ highway traffic as the required alternate means of providing warning and protection to motorists. A citation also was issued for inadequate drainage caused by fouled ballast at one of the crossings.
“With rail traffic reaching record levels, it is more important than ever for railroads to remain focused on safety,” said FRA Acting Administrator Robert D. Jamison. “Grade crossing warning systems are vital tools for protecting motorists which is why we will take every step necessary to make sure railroads keep them in proper working order.”
As required by federal rail safety laws, CSX will have an opportunity to respond to the notices of violation and present any defenses and mitigating factors that may lead to a settlement agreement.
Following the Henrietta accident, FRA conducted a focused inspection of 199 other highway-rail grade crossings maintained by CSX in New York State. FRA inspectors identified problems at several crossings that led CSX to develop and implement an action plan to bring them into compliance.
The FRA may assess civil penalties for violations found during the focused inspection.
