Order pursuant to Section 32.01 of the Railway Safety Act (MO 16-07)

Transport Canada
427 Laurier Avenue, 14th Floor
Ottawa, Ontario, K1A ON5

December 22, 2016

Please See Attached List

Dear Sir /Madame:

As you are aware, Rule 112 of the Canadian Rail Operating Rules was revised July 27, 2015, to improve the operating practices pertaining to the securement of railway equipment. The revision included the requirement that at least one additional physical securement or mechanical device be used, in addition to hand brakes.

In a correspondence dated December 20, 2016 to Transport Canada, the Transportation Safety Board (TSB) identified a malfunction of the reset safety control with rollaway protection system on certain locomotives.

Specifically, there was an occurrence reported to the TSB (R16W0242) whereby the rollaway protection on one of the locomotive models GP20 and GP30 did not function as expected and resulted in the train moving for about 1 minute at a speed of about 1 mile per hour for approximately 80 feet (source: TSB). The existence of this defect condition in other locomotives of the same series was confirmed through additional testing. This defect condition could exist with other locomotive models and could reasonably be expected to result in a situation where a person could be injured and constitutes a threat to safe railway operations.

For these reasons, please find an Order issued pursuant to section 32.01 of the Railway Safety Act (RSA) for your action. This Order requires all railway companies and local railway companies listed in Appendix A to implement the safety measures identified in the attached Ministerial Order (MO).

Additionally, and pursuant to section 36 of the RSA, the companies listed in Appendix A are hereby ordered to file with the Minister of Transport:

1. A list of locomotive models in service that are equipped with reset safety control rollaway protection and the design specifications of the system by January 23, 2017; and
2. Within 30 days of any testing done as per item 2 of MO 16-07, the result of the testing along with the process and procedure followed to ensure that the system functions in accordance with its design specifications. 

If you intend to initiate a review of the Order, you must file a request in writing with the Transportation Appeal Tribunal of Canada (Tribunal), no later than January 21, 2017.

The Tribunal has prepared a Guide for Applicants that you may obtain from the Tribunal’s Registrar at the address below.  Requests for review must be filed with:

The Registrar
Transportation Appeal Tribunal of Canada
333 Laurier Avenue West, Room 1201
Ottawa, Ontario
K1A 0N5
http://www.tatc.gc.ca

Pursuant to section 32.3 of the RSA an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2.(3) of the RSA.

Should you have any questions regarding the regulatory process, please contact

Ms. Susan Archer, Director, Regulatory Affairs at (613) 990-8690 or susan.archer@tc.gc.ca, or if you would like to discuss technical aspects of this issue, please do not hesitate to contact Ms. Stephanie Lines, Director, Operations Management at (613) 990-7745 or stephanie.lines@tc.gc.ca.

Thank you for your anticipated cooperation.

Sincerely,

Brigitte Diogo
Director General
Rail Safety

c.c.:

MO 16-07

Section 32.01 of the Railway Safety Act (RSA) provides the Minister of Transport with the authority to order a company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.

In a correspondence dated December 20, 2016 to Transport Canada, the Transportation Safety Board (TSB) identified a malfunction of the reset safety control with rollaway protection on locomotive models GP20 and GP30. Specifically, there was an occurrence reported to the TSB (R16W0242) whereby the rollaway protection on one of these locomotives did not function as expected and resulted in the uncontrolled movement of a train. The existence of this defect condition in other locomotives of the same series was confirmed through additional testing. This defect condition could exist with other locomotive models and could reasonably be expected to result in a situation where a person could be injured and constitutes a threat to safe railway operations.

Therefore, in the interest of safe railway operations and pursuant to section 32.01 of the RSA, all railway companies and local railway companies listed in Appendix A are hereby ordered to:

1. Cease using the reset safety control with rollaway protection on Electro-Motive Diesel model GP20 and GP30 locomotives as a means of additional securement or mechanical device for the purpose of Rule 112 of the Canadian Rail Operating Rules until it is determined that the rollaway protection functions in accordance with its design specifications; and,
2. Cease using the reset safety control with rollaway protection in any other locomotive model as a mean of additional physical securement or mechanical device for the purpose of Rule 112 of the Canadian Rail Operating Rules, unless the reset safety control with rollaway protection system is first tested and it is determined that the system functions in accordance with its design specifications. The testing must record the speed and time taken for (i) the safety control system to activate, (ii) the first audible warning and (iii) the initiation of the brake application.

This Order takes effect on December 22, 2016 and remains in effect until it is cancelled in writing by the Minister of Transport.

Pursuant to subsection 32.1(1) of the RSA, a person to whom a notice that contains an order is sent under section 32.01 of the RSA may, on the date specified in the order, file a request for a review with the Transportation Appeal Tribunal of Canada (Tribunal).

If you intend to request a review of this Order, you must file a request in writing with the Tribunal, which must be postmarked no later than January 21, 2017.

Pursuant to section 32.3 of the RSA an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister of Transport under subsection 32.1(5) or 32.2.(3) of the RSA.

B. Diogo

Director General, Rail Safety

December 22, 2016

Date

APPENDIX A

• 9961526 Canada Limited
• Agence Métropolitaine de Transport
• Battle River Railway NGC Inc.
• Big Sky Railway Corp.
• Boundary Trail Railway Company, Inc.
• BNSF Railway Company
• Canadian National Railway Company
• Canadian Pacific Railway Company
• Cando Rail Services Ltd.
• Cando Rail Services Ltd.
• Canfor Pulp Ltd. – Northwood Division
• Cape Breton & Central Nova Scotia Railway Ltd.
• Cargill Limited – Cargill Limitée
• Carlton Trail Railway Company
• Central Maine and Quebec Railway Canada Inc.
• Central Manitoba Railway Inc.
• Chemin de fer de Québec-Gatineau Inc.
• Chemin de fer Orford Express Inc.
• Chemin de fer Sartigan
• City of Ottawa carrying on business as Capital Railway
• CSX Transportation, Inc.
• Compagnie du Chemin de fer Roberval-Saguenay
• Eastern Maine Railway Company
• Essar Steel Algoma Inc.
• Goderich-Exeter Railway Company Limited
• Great Canadian Railtour Company Ltd.
• Great Sandhills Railway Ltd.
• Great Western Railway, Ltd.
• Hudson Bay Railway Company
• Huron Central Railway Inc.
• Huron Central Railway Inc.
• Kamloops Heritage Railway Society
• Keewatin Railway Company
• Kettle Falls International Railway Company
• Knob Lake and Timmins Railway Company Inc.
• Koch Fertilizer Canada ULC
• Lake Line Railroad Inc.
• Last Mountain Railway
• Logistec Stevedoring (Nova Scotia) Inc. (previously Sydney Coal Railway)
• Metrolinx
• National Railroad Passenger Corporation (AMTRAK)
• Nipissing Central Railway Company
• Norfolk Southern Railway Company
• Ontario Northland Transportation Commission
• Ontario Southland Railway Inc.
• Ontario Southland Railway Inc.
• Port Stanley Terminal Railway Incorporated
• Prairie Rail Solutions Ltd.
• Prudential Steel ULC
• Quebec North Shore and Labrador Railway Company
• RaiLink Canada Ltd.
• Railserve Inc.
• Rio Tinto Alcan
• RTK WP2 Canada Inc.
• Société du chemin de fer de la Gaspésie
• Source Energy Services Canadian Logistics LP GP Ltd.
• Southern Ontario Locomotive Restoration Society
• Southern Rails Co-operative Ltd.
• Southern Railway of British Columbia Limited
• St. Lawrence & Atlantic Railroad (Québec) Inc.
• Stewart Southern Railway Inc.
• The Essex Terminal Railway Company
• The Toronto Terminals Railway Company Limited
• Thunder Rail Ltd.
• Torch River Rail Inc.
• Trillium Railway Co. Ltd.
• Trillium Railway Co. Ltd. (Port Colborne Harbour Railway)
• Tshiuetin Rail Transportation Inc.
• Union Pacific Railroad Company
• VIA Rail Canada Inc.
• West Coast Express Limited
• West Coast Railway Association
• White Pass and Yukon Route
• York-Durham Heritage Railway