1. SHORT TITLE
These Rules may be cited as the Track Safety Rules (TSR).
In these Rules:
2.1 "continuous welded rail" (CWR) is rail welded into lengths of 400 ft (121.920 m) or more; (Long rail soudé),
2.2 "railway company" means a railway company that is under the jurisdiction of the Railway Safety Act; (compagnie de chemin de fer)
2.3 "railway crossing" means the crossing of two tracks; (traversée)
2.4 "line of track" or "track" means a railway of any length including yard tracks, sidings, spurs and other tracks auxiliary thereto, and including the right-of-way and the structures supporting or protecting the track or facilitating drainage from the track; (voie)"
2.5 "inactive track" means a track used less than once per month and secured in a manner that will prevent use by train or movements; (voie inactive)
2.6 "siding," means a track adjacent and connected to the main track, which is so designated in the timetable, GBO or operating bulletin; (voie d’évitement)
2.7 "crossover" means a track joining adjacent main tracks, or a main track and another track; (liaison)
2.8 "yard" means a system of non-main tracks, utilized to switch equipment and for other purposes over which movements may operate subject to prescribed signals, rules and special instructions; (triage)
2.9 "yard track" means a track unclassified or classified as category 1, 2, 3 or 4 for inspection purposes; (voie de triage)
2.10 "movement (s)" the term used in these rules to indicate that the rule is applicable to trains, equipment, transfers or engines in yard service; (mouvement(s))
2.11 "Track Inspector" means an employee of the railway company appointed in this capacity (inspecteur de la voie)
2.12 " Track Supervisor" means an employee of the railway company appointed in this capacity; (superviseur de la voie)
3.1 These rules prescribe minimum safety requirements for federally regulated standard gauge railway track.
3.2 The rules specify the limits of certain track conditions existing in isolation. A combination of track conditions, none of which individually amounts to a deviation from the requirements in these rules may require remedial action to provide for safe operations over the track.
3.3 A railway may adopt additional or more stringent requirements than those contained in these rules.
4.1 These Rules apply to all federally regulated railway companies operating on standard gauge track.
4.2 The purpose of these Rules is to ensure the safe operation of movements on standard gauge track owned by, operated on or used by a railway company.
4.3 Railway wishing to operate movements at speeds greater than Class 5 track must have a plan approved by the minister.
5. EXCEPTED TRACK
5.1 A railway company may designate a segment of track as Excepted Track provided that:
(a) The segment is identified in the timetable, special instructions, general order, or other appropriate records that are available for inspection during regular business hours;
(b) The identified segment is not located within 30 feet (9.144 m) of an adjacent track which can be subjected to simultaneous use at speeds in excess of 10 miles per hour;
(c) The identified segment is inspected in accordance with the frequency specified for Class 1 track;
(d) The identified segment of track is not located on a bridge including the track approaching the bridge for 100 feet (30.480 m) on either side, or located on a public street or highway;
(e) The railway conducts operations on the identified segment under the following conditions:
(i) no movements shall be operated at speeds in excess of 10 miles per hour, and
(ii) no occupied passenger train nor movements carrying dangerous goods shall be operated, and
(iii) the railway company shall advise Transport Canada within 10 days of designating a segment of track as "excepted track".
(iv) The gauge on excepted track shall not be more than 58 1/4".
(v) When a railway company designates a segment of track as "excepted track", operations may continue over that segment of track without complying with the provisions of Subparts B, C, and D of Part II of the TSR.
(vi) The Railway Company shall advise Transport Canada prior to removing the status of "excepted track."
(vii) On annual basis, track designated as "excepted track" must be re-evaluated by the railway company and a risk assessment report indicating that the track is safe for operations shall be provided to Transport Canada. The status of the track must also be confirmed in the report.
6. RESPONSIBILITY OF THE RAILWAY COMPANY
6.1 The railway company shall ensure that a track inspector or track supervisor shall undertake track inspection at such frequency and by such a method as to ensure the line of track is compliant with the TSR and is safe for all movements at the authorized speed.
6.2 Where a line of track is not in compliance with the requirements of these Rules, the railway company shall immediately:
(a) Bring the line of track into compliance; or
(b) Halt operations over that line of track.
6.3 Notwithstanding subsection 6.2, in the case of Class 1 track that is not in compliance with these Rules, the railway company may operate on that line of track under the authority of a track supervisor for not more than 30 days. Subsection 6.3 does not apply where defective rails are involved. Part II, Subpart D section III (Defective Rails) of the TSR exclusively governs further operations over defective rails.
6.4 When any person, including a contractor for a railway company, performs any function required by these rules, that person is required to perform that function in accordance with these rules.
7. CERTIFICATION AND TRAINING OF TRACK SUPERVISORS AND TRACK INSPECTORS
7.1 Each railway company to which these rules apply shall qualify and certify Track Supervisors and Track Inspectors to inspect track for defects or supervise restoration or renewal of track under traffic conditions. Each person certified shall have:
(a) At least
(i) 1 year of experience in railway track inspection or maintenance and training from a course in track inspection and maintenance; or
(ii) A combination of experience in track inspection or maintenance and training from a course in track inspection or from a college level educational program related to track inspection.
(b) Demonstrated to the railway company that he or she:
(i) Knows and understands the requirement of the TSR;
(ii) Can detect deviations from those requirements; and
(iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and
(c) A railway company shall maintain a record of all employees who have been certified. Recertification must be completed at intervals not exceeding three years. Records shall be made available, on request, to a Transport Canada Rail Safety Inspector.
7.2 If during a period of restoration or renewal, track is under traffic conditions and does not meet all of the requirements prescribed in these rules, the work on the track shall be under the continuous supervision of a person designated under Section 7 and subject to any limiting conditions specified by such a person.
(a) The term "continuous supervision" as used in this section means the physical presence of that person at a job site. However, since the work may be performed over a large area and it may not be possible for that person to visually supervise each segment of the work, in this case the person must be present at the job site, in direct control of the work and have direct knowledge of the condition of the track over which they permit movements to pass.
(b) When the designated person leaves the work site and before movements are authorized to operate over the affected segment, the track must be in compliance with the TSR.
7.3 QUALIFYING PERSONS TO AUTHORIZE MOVEMENT OVER RAIL BREAKS
Employees may be qualified to authorize movements to pass over a broken rail provided that:
(a) The employee has a minimum of one-year track maintenance, signal or train operations experience.
(b) The employee must be trained and qualified to identify rail end mismatch, rail defects, condition of track ties, track surface, gauge and alignment defects.
(c) A minimum of 4 hours training must be provided for initial training and the employee must pass a written examination. The sole purpose of the examination is to ascertain the person’s ability to effectively apply the requirements of Part II, Subpart D section III (a) (2) of the TSR.
(d) Requalification must be completed at intervals not exceeding three years.
8. MEASURING TRACK NOT UNDER LOAD
8.1 When unloaded track is measured to determine compliance with requirements of these rules, the amount of rail movement which occurs while the track is loaded must be added to the measurements of the unloaded track.