DO EXISTING MUNICIPAL BANS ON TRAIN WHISTLES CONTINUE TO BE ENFORCEABLE UNTIL THE FEDERAL RULE BECOMES EFFECTIVE?
The proposed federal rule provides that municipalities which, as of October 9, 1996, have either enacted ordinances restricting the sounding of train whistles or entered into agreements with railroads restricting the use of locomotive horns at crossings may continue those restrictions for a period of up to three years from the date of the publication of the final rule in the Federal Register. This grace period is designed to provide municipalities with sufficient time to create a quiet zone or zones and implement supplementary safety measures at affected crossings. Municipalities with pre-existing restrictions on locomotive horns as of October 9, 1996 that fail to create quiet zones within two years after the final rule is published must initiate or increase both grade crossing safety public awareness initiatives and crossing traffic law enforcement programs in an effort to offset the lack of supplementary safety measures at affected crossings. If such safety and enforcement programs a
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