Train Horns to Continue Blasting as City Waits on Supreme Court

A years-long effort to quiet the trains coming through San Clemente is on hold, waiting for word from the California Supreme Court.

The city of San Clemente and declared the seven pedestrian railroad crossings a “pier quiet zone,” and petitioned the California Public Utilities Commission for the right to silence the train horns – although engineers would still sound horns at their discretion if they perceive a safety risk.

Instead, the city planned to install an audible warning system at ground level that would alert pedestrians at a decibel level more comfortable for those living near the tracks.

But freight train company BNSF Railway argued the PUC doesn’t have the authority to weigh in because the pedestrian walkways aren’t in a federally established quiet zone.

An appellate court in August agreed with BNSF.

“Because the pedestrian crossings at issue here are not within a federally established quiet zone, a train horn must be sounded at those crossings, and the commission has no authority to order otherwise,” wrote a Third District Court of Appeal panel in an Aug. 5 decision.

The PUC has petitioned for review by the California Supreme Court, which has until Dec. 13 to respond.

Until then, the city will be making improvements at the pedestrian crossways but won’t be installing the softer-sounding alarm, according to a city press release.

“The installation of supplemental safety upgrades and underground infrastructure for AWS [audible warning system] at the these crossings which began in September, continues through December, though the AWS equipment will not be installed, pending the outcome of a Supreme Court decision to grant or deny a review of the CPUC’s petition,” the city reported in a release Monday. “To construct later, would be more expensive if the city is successful in gaining approval to use the AWS system for its intended purpose. Also, there is minimal disruption to citizens if the construction occurs only once.”

• Read one law professor’s take on the legal issues.

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