Whistle Cessation

Last night, the Council in Committee discussed a report and request to approve additional capital funds to complete the safety assessment of implementing train whistle cessation at all level crossings in the Town. Currently, there are four level train crossings in the Town, two of which are on Regional roads.

I fully support conducting the safety assessment of all level crossings and the installation of additional safety measures that ensure we, as a municipality, are  making our crossings as safe as possible.

However, with respect to cessation of train whistles at level crossings, as residents are aware,  I have consistently maintained that as long as Metrolinx insists on transferring liability to the Town if train whistles are stopped, I cannot support whistle cessation.

The financial implications for transferring liability to our community are too great.

As per the report on Council’s agenda, with respect to whistle cessation and municipal liability, it states:

“The indemnity agreement would require Metrolinx to be indemnified from liability for claims and losses resulting from the elimination of train whistles and for other obligations related to the modifications, such as related to maintenance. The indemnity may extend beyond the current coverage provided within the Town’s insurance policy. If this is the case, the Town’s insurer may not cover the indemnity, and the Town may be exposed to an uninsured risk.”

Let me restate that – if we move to eliminate train whistles at level crossings, Metrolinx accepts NO liability, transferring all liability to the municipality.

This means that, should there be an accident, the Town would be exposed to a sizeable, uninsured risk.

Yes, a few other municipalities have decided to move forward anyway. While I respect their decision to assume this risk, I was elected to make decisions that protect the Town of Aurora and its residents from potential harm.  And I cannot support any decision that would put our municipality at such substantial financial risk – even “bankruptcy” as stated in the report.

This shift in liability to the Town is, in my view, unacceptable. The cost of eliminating the train whistle should not come at such extraordinary financial risk for our residents.

We are not the only community in the GTHA faced with this challenge. The question is, as Metrolinx works to enhance service provision, how do we as communities address the impacts of increased frequency of train whistles due to all day train service?  There should be more than the two options presented – keep whistles all day every day or cease whistles but assume huge financial risks. I believe we should work together to find alternative solutions.

As I have already requested to meet with the new CEO of Metrolinx and the Minister of Transportation to address the urgent issue of grade separation on wellington, I will add this to our discussions.

In the interim, we will focus on ensuring all level crossings in Aurora have the highest safety standards for both pedestrians and vehicles. If Metrolinx eventually agrees to retain liability, we will be ready to move forward with whistle cessation, knowing our crossings are as safe as possible.