NEW APPROACH

In the absence of the railway regulatory
authorities sanctioning a ban on whistling,
CP Rail System has developed a process that
attempts to balance between two very different
needs.

On the one hand, the municipalities need to
reflect the concern of a large number of citizens,
and on the other, the railway needs to protect
itself from lability when meeting those
concerns.

unicipality should contact the appropri-
2 Manager, Community and Regulatory
fairs, CP Rail System (see below for
idress information).

nicipality will pass a resolution con-
ing the termination of whistling at a

3. A CP Rail System division operating
officer will examine the crossing and
confirm whether it is appropriate to
eliminate whistling at this crossing.

4. CP Rail System will arrange fora
Transport Canada safety inspector to
inspect the crossings and advise whether
or not the proposal meets the Transport
Canada guidelines for anti-whistling.

3. Municipality will execute an insurance
agreement, whereby it pays a share of the
cost of the annual insurance premium per
crossing.

Therefore, in order to resolve the issue of
Kability, CP Rail System must ensure that both
the municipality and the railway comply with
the guideline set out by Transport Canada and,
because the question of liability is not resolved
by simply following the guideline, the railway
must ensure satisfactory liability insurance is in
place to protect both itself and the municipality
from third party ciaims.

Cost of the insurance is snared between the
railway and the municipality.

6. When all these steps have been com-
pleted, and liability insurance is in place
against third party claims for bodily or
property damage for both the munici-
pality and railway, the railway will
issue instructions to its crews prohibit-
ing whistling at the specific crossing(s).

Manager Community
and Regulatory Affairs

(Thunder Bay, ON and areas west)
CP Rail System

Granville Square, 3th Floor
Vancouver, BC

V6C 2R3

Tel:604-643-3824

Manager Community

and Regulatory Affairs

{Areas east of Thunder Bay, ON)
CP Rail System

Room 222, Union Station
Teronto, ON

M5} IE8

Tel: 416-863-8626

REFERENCE GUIDE

Make Every Day A Safer Day
CP Rail System.