Notices and Orders

Condition or Hazard observed:

Several of the timber curbs, several timber posts, and some timber horizontal handrails are severely rotted, affecting the integrity of the guardrail to withstand lateral impact forces and thereby its ability to keep both pedestrians and vehicles safe from falling onto the track below. This poses a threat to the safety and well being of the public and to safe railway operations.

MMAC and Municipality of Eastman shall not allow any vehicular traffic to access the Chemin d'Orford-sur-le-Lac overhead bridge located in the Municipality of Eastman and crossing the MMAC Sherbrooke Subdivision at Mile 94.5 otherwise than under the following terms and conditions:

• Maintain the stop signs on both approaches of the bridge until such time as the guardrails on the bridge itself have been repaired and that repairs have been approved by the appropriate road authority. and
• That all roadway signage associated with this structure be approved by the appropriate road authority.

Condition or Hazard observed:

• Several of the timber curbs, several timber posts, and some timber horizontal handrails are severely rotted, affecting the integrity of the guardrail to withstand lateral impact forces and thereby its ability to keep both pedestrians and vehicles safe from falling onto the track below. This poses a threat to the safety and well being of the public and to safe railway operations.
• The timber guardrails on the bridge approaches on the south side (me Principale end) have been damaged and appear to be substandard, thereby putting in question their ability to function as intended should there be an impact from a vehicle. This poses a threat to the safety and well being of the public and to safe railway operations.
• Winter conditions increase the risk of vehicular impact to the timber guard rail and this poses a threat to the safety and well being of the public and to safe railway operations.

MMAC and Municipality of Eastman shall not allow any vehicular traffic to access the Chemin d'Orford-sur-le-Lac overhead bridge located in the Municipality of Eastman and crossing the MMAC Sherbrooke Subdivision at Mile 95.4 otherwise than under the following terms and conditions:

• Until such time as the guardrails on the approaches to the bridge and on the bridge itself have been repaired and that repairs hare been approved by the appropriate road authority and
• That all roadway signage associated with this structure have been approved by the appropriate road authority.

Condition or Hazard observed:

The following conditions were observed during the course of our inspection of the Sherbrooke Subdivision;

• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rails worn beyond acceptable rail wear limits.
• Numerous Rail Flaw Detected (RFD) rail defects which, if not replaced, will require visual or ultrasonic re-inspection after 30 days from initial detection. With 94% of those rail defects in joints with extensive rail end batter, marginal track tie and surface support combined with additional thermal stresses exerted with the colder temperatures, it can reasonably be expected that the progression of these defects will continue to the point of failure if not adequately protected and monitored.

Montreal, Maine & Atlantic Railway Company (MM&A) shall not operate or allow any train or engine on the Sherbrooke Subdivision between Lennoxville (M. 65.5) and Brookport (M.125.6) otherwise than under the following terms and conditions:

1. That the following curves encompassing mile posts 65.95, 66.05, 68.32, 75.73, 77.86, 86.16, 88.65, 88.93, 89.95, 91.58, 93.0, 93.4, 95.05, 96.4, 97.4, 98.49, 99.22, 100.92, 102.27, 102.52, 103.61, 103.97, and 113.4 on the Sherbrooke Subdivision having rails that are excessively worn beyond acceptable rail wear limits be visually inspected 3 times per week in addition to a walking inspection twice monthly. That the speed of all trains be reduced to 10 mph until such time as they are replaced. The results of these inspections are to be forwarded to Transport Canada on the first of each month.
2. That the speed of all trains be reduced to 10 mph until such time as the excessively worn rails referred to in item 1 above are replaced.
3. That train speeds are reduced to 10 mph at locations of visually observed rail defects at mile 93.48, 100.27, 102.58 (field side VSH I shear break) and mile 100.92 (gauge side lip cracking out), or that MM&A comply with the conditions outlined in item 1 at these locations: or the rails at these locations are replaced.
4. RFD testing be increased to twice annually until such time as rails exceeding or approaching wear limits identified in item 1 above are replaced. In addition, that all current RFD detected rail joint defects be removed and that the speed of all trains not exceed 10 mph until these defects are removed or re-inspected as per the Track Safety Rules (within 30 days of each inspection).
5. That all applicable requirements under the Railway Safety Act, and it's rules and regulations be complied with.

Condition or Hazard observed:

The following conditions were observed during the course of the inspection on October 10th 2013 and supplemented with RFD testing completed between October 17th and 23rd 2013 on the Sherbrooke Subdivision;

• Public and private crossings with flangeways obstructed with mud and gravel.
• Sightlines of several private and farm crossings obstructed as previously noted in defect report 248-T.
• Rust on rail surfaces that may compromise the integrity of the circuits of grade crossing warning systems.
• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rail worn beyond acceptable rail wear limits.
• Numerous Rail Flaw Detected (RFD) rail defects which, if not replaced, will require visual or ultrasonic re-inspection after 30 days from initial detection. With 94% of those rail defects within rail joints having extensive rail end batter, marginal track tie and surface support combined with additional thermal stresses exerted with the colder temperatures, it can be reasonably be expected that the progression of these defects will continue to the point of failure if not adequately protected and monitored.

Montreal, Maine & Atlantic Railway Company (MM&A) shall not operate or allow any train or engine on the Sherbrooke Subdivision between mileages 1.0 and 66.0 otherwise than under the following terms and conditions:

1. That all flangeways of public and private crossings be inspected and cleared of any obstructions that may interfere with the safe passage of trains.
2. That the first 2 trains (1 engine with a minimum of 3 cars) to travel over the above noted track, after the issuance of this order, operate under the restriction of a "stop and protect" order at all crossings protected with grade crossing warning systems due to "rusty rail" conditions. Further to this condition, MM&A is to ensure that each crossing warning system is operating as intended.
3. That sightlines be cleared at private and farm crossings obstructed by vegetation as noted in defect report 264-T and previously submitted defect report 248-T or protected with a "stop and protect" order.
4. That the curves encompassing mile posts 10.49, 19.05, 22.17, 22.38, 22.83, 27 .58, 34.60 and 35.35 on the Sherbrooke Subdivision having rails that are excessively worn beyond acceptable rail wear limits be visually inspected 3 times per week in addition to a walking inspection twice monthly. The results of these inspections are to be forwarded to Transport Canada on the first day of each month.
5. That the speed of all trains be reduced to 10 mph until such time as excessively worn rails referred to in item 4 above are replaced.
6. That RFD testing be increased to twice annually until such time as rails exceeding or approaching wear limits identified in item 4 above are replaced. In addition, that all current RFD detected rail joint defects be removed and that the speed of all trains not exceed 10 mph until these defects are removed or re-inspected as per the Track Safety Rules (within 30 days of each inspection).
7. That visually observed rail defects referred to in report 264-T at mile 56.14 (2 defects) and mile 59.55 (2 defects) have the speed reduced to 10 mph for all trains until such time as they are replaced.
8. That all applicable requirements under the Railway Safety Act, and its rules and regulations be complied with.

Condition or Hazard observed:

The following conditions were observed during the course of Transport Canada's inspection of the Moosehead Subdivision;

• Public and private crossings with flangeways obstructed with mud and gravel.
• Sightlines of several private and farm crossings obstructed as previously noted in defect report 245-T.
• Rust on rail surface that may compromise the integrity of the circuits of grade crossing warning systems.
• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rails worn beyond acceptable rail wear limits.

Montreal, Maine & Atlantic Railway Company (MM&A) shall not operate or allow any train or engine on the Moosehead Subdivision between mileages 101.8 and 117.0 otherwise than under the following terms and conditions:

1. That all flangeways of public and private crossings be inspected and cleared of any obstructions that may interferewith the safe passage of trains.
2. That the first 2 trains (engine with a minimum of 3 cars) to travel over the above noted track after the issuance of this order, operate under the restriction of a "stop and protect" order at all crossings protected with grade crossing warning systems due to "rusty rail" conditions.
3. After item 2 has been satisfied, MM&A is to ensure that each crossing warning system is operating as intended.
4. That sightlines be cleared at private and farm crossings obstructed by vegetation as noted in previously submitted defect report 245-T or protected with a "stop and protect" order.
5. That the curves encompassing mile posts 104.14, 106.11, 107.44, 110.27, 116.12 and 116.97 on the Moosehead Subdivision having rails that are excessively worn beyond acceptable rail wear limits be visually inspected 3 times per week in addition to a walking inspection twice monthly. The results of these inspections are to be forwarded to Transport Canada on the first day of each month.
6. That the speed of all trains be reduced to 10 mph until such time as excessively worn rails referred to in item 5 above are replaced.
7. That RFD testing be increased to twice annually until such time as rails exceeding or approaching wear limits identified in item 5 above have been replaced.
8. That visually observed rail defects at mile 106.5 (field side VSH I shear break) and mile 110.6 (broken base I field weld on tie plate) have the speed reduced to 10 mph for all trains until such time as they are replaced.
9. That all applicable requirements under the Railway Safety Act, and it's rules and regulations be complied with.

Condition or Hazard observed:

The following conditions were observed during the course of Transport Canada's inspection of the Sherbrooke Subdivision;

• Public and private crossings with flangeways obstructed with mud and gravel.
• Sightlines of several private and farm crossings obstructed as previously noted in defect report 248-T.
• Rust on rail surface that may compromise the integrity of the circuits of grade crossing warning systems.
• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rail worn beyond acceptable rail wear limits.

Montreal, Maine & Atlantic Railway Company (MM&A) shall not operate or allow any train or engine on the Sherbrooke Subdivision between mileages 1.0 and 66.0 otherwise than under the following terms and conditions:

1. That all flangeways of public and private crossings be inspected and cleared of any obstructions that may interfere with the safe passage of trains.
2. That the first 2 trains (1 engine with a minimum of 3 cars) to travel over the above noted track, after the issuance of this order, operate under the restriction of a "stop and protect" order at all crossings protected with grade crossing warning systems due to "rusty rail" conditions. Further to this condition, MM&A is to ensure that each crossing warning system is operating as intended.
3. That sightlines be cleared at private and farm crossings obstructed by vegetation as noted in defect report 264-T and previously submitted defect report 248-T or protected with a "stop and protect" order.
4. That rail flaw (RFD) testing for internal rail defects be carried out prior to any train operating, including ultrasonic hand testing of locations that are not detectable by RFD testing equipment due to rail surface conditions such as corrugation, shelling, etc.
5. That the following curves with rails excessively worn beyond acceptable rail wear limits be visually inspected after the passage of each train: curves encompassing mile posts 10.49, 19.05, 22.17, 22.38, 22.83, 27.58, 34.60 and 35.35 on the Sherbrooke Subdivision.
6. That visually observed rail defects referred to in report 264-T at mile 56.14 (2 defects) and mile 59.55 (2 defects) be replaced.
7. That all applicable requirements under the Railway Safety Act, and it's rules and regulations be complied with.

Condition or Hazard observed:

The following conditions were detected during an inspection on the Stanbridge Subdivision:

• Verified locations, as indicated on Track Inspection Report 246-T, where cross level and surface conditions, in excess of 7 inches in combination with numerous defective or non-existent track ties, allow track to move excessively under load.
• Cross level of 6 1/8 inches on tangent track combined with clusters of 9 and 12 consecutive defective ties within a 30 foot proximity of a propane storage facility at mile 11.44 in the town of Bedford.
• Vegetation and other existent conditions in the ballast section that interfere with the track inspector's ability to adequately perform track inspection duties.
• There is a threat that these observed conditions on the Stanbridge Subdivision, which may have contributed to recent derailments on this line, can reasonably be expected to cause additional derailments.

Montreal, Maine & Atlantic Railway Company shall not operate any train or engine on the Stanbridge Subdivision between mileages 0.0 and 12.4 otherwise than under the following terms and conditons:

1. No train shall be operated on that portion of the Stanbridge Subdivision until such time as MM&A ensures that a professional Engineer, qualified in the Track Safety Rules personally inspects the Stanbridge Subdivision and reports to this office:
   1. That the inspection has been completed;
   2. The directions under which the train can be safely operated.
2. All rail movements subsequent to item #1 will be in accordance with the directions provided in the report referred to in item #1.
3. Within 14 days of the inspection referred to in item #1, MM&A will ensure that the professional Engineer who has inspected the track provides Transport Canada with a report that lists all conditions observed that could compromise safe railway operations and the remedial action taken to appropriately address each of those conditions.
4. Within 30 days of the inspection referred to in item #1, MM&A will provide Transport Canada with MM&A's action plan to correct the supervision and support of track maintenance activities, in accordance with sound engineering principals, to ensure safe railway operations.

Condition or Hazard observed:

The equipment left unattended on the MMA territory, without being properly secured could lead or be a contributing factor into an event where equipment could roll uncontrolled and possibly:

• Collide with passenger trains
• Collide with freight trains handling or not dangerous goods
• Collide with vehicles carrying or not dangerous goods at a private or public crossing at grade
• Hit pedestrians at a private or public crossing at grade
• Cause injury to employees or the public and / or damage to the environment or property.

Montreal, Maine & Atlantic Railway shall not:

• Allow MMA employees to leave unattended equipment in sidings or main tracks on MMA property without having been properly secured. This information must be confirmed to the Rail Traffic Controller (RTC) from the location of the equipment. This information must include the date, the time, the number of hand brakes applied, their location, the result of the hand brake efficiency test and the name of the employee. MMA shall maintain a record of this information. This record shall be made available to a Railway Safety Inspector upon request.