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This
past July a truck driver was injured when his trailer was hit
by a train at a crossbuck-only crossing in Osnaburg Township,
Ohio. The media reported
the semi tried to stop, but skidded through the crossing (which was on a hill)
and was clipped by a passing train flipping the rig over on its side. At
the time of the collision the approach was obstructed by woods on both sides
going North, and at the bottom, mounds of dirt covered with weeds and thick vegetation
block a motorist's view from seeing down the tracks for an oncoming train.
The driver stated he couldn't see the train, and we don't know if the train crew
blew the horn. An editorial written two days later by
a local newspaper was entitled, "Lifesaving lesson: Stop, Look, Listen." The
article included the statement that all drivers need to stop, look, listen at
all railroad crossings and reminded readers of the consequences if they
didn't. These misguided statements gave the assumption the driver acted
carelessly or was somehow at fault and that Ohio law states you must stop, look
and listen at all railroad crossings. The fact remains Ohio law doesn't
require you to stop at crossbuck-only crossings, only yield when certain conditions
are present. It should also be noted, Ohio law states railroad companies
have sole responsibility to keep their entire rights-of-way clear of vegetation
and sight obstructions at all public railroad crossings according to ORC 4955.36. Further,
Ohio law requires railroad companies to sound their horn in a specific manner. There
are no federal mandates for motorist sight clearances, and even if a state law
exists, like in Ohio, the laws aren't enforced. Local highway authorities
(entities responsible for the road) have a shared responsibility to know private
property lines and railroad rights-of-way are obstruction free to ensure crossings
in their communities are safe. When everyone sits back and ignores
the hazard and expects someone else to take care of the problem, people are needlessly
killed.
STOP, LOOK & LISTEN is not the law in Ohio as it undermines and totally ignores
the reciprocal responsibility railroad companies have with respect to our public
safety. |
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