218 Cal. App. 4th 778
Cal. Ct. App.2013Background
- San Clemente built a pedestrian beach trail with seven at-grade pedestrian crossings across tracks used by BNSF (freight) and Amtrak (passenger); trains (~50/day) routinely sound horns at those crossings.
- The City sought commission approval to install stationary wayside audible warning systems (AWS) to replace routine train-mounted horns at the seven trail crossings to reduce noise.
- Railroads protested, arguing California law (Pub. Util. Code § 7604) mandates locomotive-mounted audible warnings at crossings (except federal quiet zones) and that the PUC lacked authority to substitute wayside horns.
- The PUC (via an ALJ proposed decision) concluded it had jurisdiction to approve wayside horns in lieu of train horns; decision adopted Aug 2012 (Decision 12-08-028).
- Railroads petitioned for writ review; the Court of Appeal issued a writ and reviewed whether § 7604 and federal regulations require locomotive-mounted horns at non-quiet-zone pedestrian crossings and whether the PUC may order otherwise.
Issues
| Issue | Plaintiff's Argument (Railroads) | Defendant's Argument (PUC/City) | Held |
|---|---|---|---|
| Whether PUC may authorize wayside horns in lieu of locomotive-mounted horns at pedestrian crossings not in federal quiet zones | § 7604 mandates sounding a locomotive-mounted audible warning device at crossings (except federal quiet zones); PUC cannot override statute | § 7604 does not expressly require locomotive-mounted devices; it permits any "bell, siren, horn, whistle, or similar audible warning device," so PUC may authorize wayside horns | The court held § 7604, by incorporating 49 C.F.R. § 222.21, requires locomotive-mounted audible warning devices at crossings not in federally established quiet zones; PUC lacks authority to order otherwise (PUC decision annulled) |
| Proper interpretation of Pub. Util. Code § 7604 (incorporation of federal rule) | Incorporation of 49 C.F.R. § 222.21 means compliance with that federal section, which defines and requires a locomotive horn (i.e., mounted on locomotive) | § 7604’s plain wording lists generic devices and omits an explicit requirement that devices be locomotive-mounted | Court interpreted § 7604’s reference to § 222.21 as adopting the federal requirement of a locomotive-mounted horn; legislative history supports preserving longstanding state requirement except in quiet zones |
Key Cases Cited
- City of Union City v. Southern Pac. Co., 261 Cal.App.2d 277 (Cal. Ct. App. 1968) (railroads are public utilities subject to legislative control)
- Santa Clara Valley Transportation Authority v. Public Utilities Com., 124 Cal.App.4th 346 (Cal. Ct. App. 2004) (PUC authority over railroad crossings is broadly framed)
- Consumers Lobby Against Monopolies v. Public Utilities Com., 25 Cal.3d 891 (Cal. 1979) (PUC's additional powers must be cognate and germane to utility regulation)
- Assembly v. Public Utilities Com., 12 Cal.4th 87 (Cal. 1995) (PUC powers cannot contravene other legislative directives)
- Esberg v. Union Oil Co., 28 Cal.4th 262 (Cal. 2002) (legislative history is unnecessary where statutory language is unambiguous)