Order No. 1988-R-1255

December 30, 1988

December 30, 1988

IN THE MATTER OF an application by the Canadian National Railway Company (hereinafter CN) for exemption from sections 508 and 509 of the Railway Safety Appliance Standards Regulations, C.R.C. 1978, c. 1171, General Order No. 0-10, on new or rebuilt locomotives after December 1, 1988.

File No. 21351.1


WHEREAS sections 508 and 509 concern the footboards and the combination pilot and footboards on road and yard switching locomotives, the function of which is directly related to the safety of train crew members and other persons whose duties require them to be on or around these units;

WHEREAS CN is presently upgrading their locomotives with modern methods and design by means of a retrofit program which will eliminate the use of footboards and adopt switching steps with the safety of the train crew in mind;

WHEREAS Draft Part III, Safety Appliances, sections 35 to 59 were adopted and placed into the Railway Motive Power Equipment Regulations, C.R.C. 1169, General Order No. 0-21 and are at PCO awaiting governmental approval. When approved, Part III, Safety Appliances, sections 35 to 59, will supersede General Order No. 0-10, sections 502 to 514.

WHEREAS the installation of footboards on the locomotives presently going through a retrofit program and the subsequent removal of the footboards after the implementation of the amendment presently at PCO is not reasonable or a sound economic procedure; and

WHEREAS pursuant to subsection 27(3) of the National Transportation Act, 1987, S.C. 1987, c. 34, the Agency may exclude a person from all or any of the requirements of a rule, order or regulation referred to in subsection (2) for a period not exceeding sixty days.

UPON reading the submissions filed,

IT IS ORDERED THAT:

The Canadian National Railway Company is hereby exempted from sections 508 and 509 of the Railway Safety Appliance Standards Regulations, General Order No. 0-10, on new or rebuilt locomotives after December 1, 1988, for a period of sixty days, from December 30, 1988, pursuant to subsection 27(3) of the National Transportation Act, 1987.

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