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Safety device not required at private Cass County road where Amtrak train crashed

Feb 7 2023 Amtrak 3.jpeg
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KANSAS CITY, Mo. — Union Pacific Railroad owns the train tracks where one person died Tuesday when an Amtrak passenger train struck a FedEx truck at a private railroad grade crossing in Cass County.

But the Omaha-based railroad company said it's not responsible for traffic-control devices at the crossing.

As the owner of the crossing, Union Pacific is responsible for maintenance of the train tracks, including the portion of road between the rails, but it does not have any maintenance responsibility for the adjacent road nor does it determine what safety features are installed at the crossing.

“The entity that has authority over the road, including state, county, city agencies, or private road owners have the responsibility to ensure the safety of the roadway through its design, placement, and operation,” Union Pacific Railroad spokesperson Robynn Tysver said in a statement via email to KSHB 41. “They also have the responsibility for the design, placement, operation, maintenance, and uniformity of traffic control devices, including signage.”

Union Pacific said its portion of the crossing is maintained "in compliance with federal, state and Union Pacific standards,” Tysver said.

Amtrak has rights to operate on the track, according to a U.S. Department of Transportation Crossing Inventory Form, and uses the route for its Missouri River Runner service.

South Hereford Road, which crosses the railroad tracks west of Pleasant Hill near Smart Street, is a private road, so the state, county and railroad do not have any responsibility for placing safety equipment at the grade crossing.

A spokesperson for the Missouri Department of Transportation confirmed that there are no state or federal laws that regulate traffic-control devices at private crossings.

Four passenger trains and roughly 17 freight trains use the crossing daily, according to the inventory form’s 2020 count.

The maximum speed allowed at the crossing, which does not have any active signals, is 70 mph. There are stop signs on either side of the crossing.

It’s not part of a designated quiet zone, but it’s unknown if the train sounded its horn ahead of the collision.