Railroad Plan Offers Crossing Cost Share

By Cliff Hightower, Chattanooga Times/Free Press, Tenn.

Jan. 19–Officials with Norfolk Southern Corp. said Thursday they have made a presentation to Tennessee officials for upgrading railroad safety crossings, and now it is up to the state to respond.

“The state has to secure funding,” said Susan Terpay, spokeswoman for Norfolk Southern, “and I don’t know if they have done that.”

Tennessee Department of Transportation officials said earlier this week they have held discussions with Norfolk Southern about possible safety upgrades of railroad crossings from Chattanooga to Bristol, Va.

TDOT spokeswoman Julie Oaks said Thursday the state would need a written proposal for the plan to go forward. She also said the proposal might not happen if federal funding decreases this year.

“If we’re facing a $125 million shortfall, we won’t be taking on any projects,” Ms. Oaks said.

Ms. Terpay said the company is proposing a 75-25 split, with the state paying 75 percent of the cost and the railroad paying the rest.

“We’re doing this to make the project go more quickly,” Ms. Terpay said.

The program has been used before in Mississippi, Ohio and Missouri, she said. The reason it now is being proposed in Tennessee is because of the interaction between the state and Norfolk Southern during a series of community meetings with a working team formed by TDOT to look at improving railroad crossing safety, she said.

“It’s in the interest of public safety,” Ms. Terpay said.

Steven Edwards, rail division manager for the Mississippi Department of Transportation, said Norfolk Southern and the state of Mississippi began their partnership on upgrading rail crossings in 1999. Since then, more than 100 railroad crossings have been updated, and about 15 to 20 inadequate crossings have been closed, he said.

The state of Mississippi agreed on a 70-30 split, with the state paying 70 percent of the cost, he said. The partnership has paid off because the state can upgrade the crossings much faster and “stretch our dollars a lot farther,” he said.

“Until I get every crossing in the state of Mississippi with a gate, I’m going to do my best to keep this program going,” Mr. Edwards said.

Pamela O’Dwyer, a Chattanooga attorney who has handled several lawsuits against railroad companies, said this week that there is the possibility that if federal money is used, it could protect railroad companies from being sued.

Federal Railroad Administration officials confirmed Thursday that if federal money is used for grade crossing safety devices, the railroad company is protected. But federal officials said it does not protect the companies if other faults are found outside of the safety devices.

Ms. Terpay said a dollar amount for the upgrade work has not been proposed and would not be until railroad officials know what crossings need upgrades and which ones do not.

“We would first ride the rails and look at each crossing,” she said. “You need to look at every single crossing and look at what protection is there.”

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