Communiqués

TSB # R 06/99

(Hull, Quebec, 18 March 1999) - The Transportation Safety Board of Canada (TSB) has released the report of its investigation into a fatal accident that saw a girl hit by a train in Tecumseh, Ontario, on 12 July 1996.

The young girl died as a result of being struck by a Toronto-bound VIA passenger train in Tecumseh while taking a short cut to commercial properties on the other side of the track. The authorized passenger train track speed in this area is 95 mph. The train was going 83 mph when the accident occurred.

Over the past 10 years, there have been, on average, 55 trespasser fatalities per year on railway tracks under federal jurisdiction. The TSB is concerned about this number of fatalities and concludes that proactive programs and initiatives, involving all stakeholders, are necessary to deter pedestrian use of railway rights-of-way.

The Board determined that using the right-of-way as a short cut put the pedestrian in imminent danger. Further, the TSB conducted extensive tests on the audibility of locomotive horns and found that the horn on the approaching train would not have been audible in time for the pedestrian to localize its source, decide on a course of action and execute the action before being struck by the train. The ineffectiveness of the horn as a warning device is a result of a combination of factors related to the attention-demanding qualities of the horn and its forward-projecting intensity in the existing circumstances. These factors include the pedestrian's responsiveness to the sound of the horn, the spectral composition of the sound, competing background noise, the wind, and the position of the horn on the locomotive.

Contributing factors in this accident included the absence of adequate fencing, signage and enforcement to act as a deterrent to trespassing, as well as the ineffectiveness of community, societal, and school programs to equip the pedestrian with the necessary knowledge to have chosen an alternative route.

Since the accident, a number of initiatives have been taken to reduce the risk of trespasser accidents on railway rights-of-way, especially in the vicinity of the town of Tecumseh. An ongoing safety program by Operation Lifesaver has been introduced at all seven area schools, CN and VIA have repaired existing fences and installed new fences along the railway right-of-way, signs have been erected warning of the danger of high-speed trains, new roadways and sidewalks have been added to the residential subdivision on the south side of the track to give pedestrians alternative walkways, and the local police have conducted a number of trespasser blitzes in the Tecumseh area.

The Board recognizes that such initiatives are laudable and that, due to localized safety improvements, the incidence of trespassing usually decreases in areas in which accidents have taken place. However, such measures do not appear to reduce the frequency of trespasser accidents over the long term nor do local initiatives mitigate the country-wide trespasser accident issue.

The development of comprehensive fencing regulations for railway rights-of-way in urban areas has been ongoing since 1995. The Board appreciates that the railways and municipalities have conflicting positions concerning shared responsibilities and costing formulas, but stakeholders must develop and embrace proper fencing requirements.

In a number of municipalities, new urban developments along railway rights-of-way are not put through a comprehensive and mandatory urban safety strategy. For example, the Tecumseh development resulted in a children's play area being established next to the right-of-way and there was no apparent consideration for a legal and safe way for the likely increasing pedestrian traffic to make their way alongside or over the tracks. Any new urban development along rights-of-way must be subject, the Board believes, to comprehensive requirements relative to the dangers inherent with the local population being drawn into conflict with trains.

After this accident, the suggestion was made that such accidents could be prevented by requiring passenger trains to operate at lower speeds. The Board is of the view that, to reduce public exposure to the risks associated with high-speed rail service, public awareness, insightful urban planning, adequate fencing, improved train auditory warning and vigorous trespass law enforcement activity may all be necessary.

Recently, Transport Canada (TC) adopted a goal, called Direction 2006, to reduce the number of crossing and trespasser accidents by 50% by the year 2006. This is being done in partnership with the railway industry, provincial and local governments, and safety associations. They are developing a plan of action that will include seven key result areas: education, enforcement, engineering, research, bureaucratic and legislative framework, resources, and communication.

The Board agrees that this is a good initiative, but that it will take time. In the meantime, priority should be given to the development and implementation of key result areas that could bring dividends in the short term, such as comprehensive fencing regulations, active and widespread application of the trespasser provisions of the Railway Safety Act, and education programs. The early implementation of these key result areas would realize an immediate short-term gain and assist TC in attaining its long-term target of 50% reduction in trespasser accidents. The Board has therefore recommended that:

The Department of Transport, together with all the partners involved in the safety initiative known as Direction 2006, assess the seven key result areas identified and strive to implement, in a priority fashion, those that are likely to provide immediate benefits; [R99-01] and

The Department of Transport, together with its partners, use Direction 2006 and related consultation mechanisms to improve public awareness of the hazards inherent in walking across and along railway tracks, especially in high-speed train corridors. [R99-02]

Auditory tests of train horns, conducted as part of this investigation, showed that, because of current train horn standards, the horns may not be effective as warning devices. This is a safety concern the Board would like to see addressed. The TSB recognizes that there are various constraints that must be taken into account before any changes can be made to the "traditional" horn design, e.g., familiar (identifiable) sound, cab noise level, and urban anti-noise issues.

The Transportation Safety Board of Canada is an independent agency operating under its own Act of Parliament. Its sole aim is the advancement of transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability.

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