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 Post subject: Night runs vs. Insurance companies
PostPosted: Tue Sep 04, 2018 4:50 pm 

Joined: Wed Jan 15, 2014 9:14 am
Posts: 367
For those of you running after dark, across public crossings and with passengers, do you have issues with your operating insurance? If so, how have you adjusted to it, or adjusted your insurance to your operation.

We have a huge push from our passengers and crews to run evening trains, especially for christmas. When approaching the powers that be about this, we are met with the response :our insurance will not let us run after dark.

We suspect that this is either a lazy answer and our "people" don't want to change anything, or we are being screwed by our insurance provider.

Thoughts?


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 Post subject: Re: Night runs vs. Insurance companies
PostPosted: Tue Sep 04, 2018 5:22 pm 

Joined: Mon Aug 23, 2004 9:37 pm
Posts: 320
Location: Niles Canyon Railway, near Sunol, CA
I am not an insurance expert by any means. But friends are. I suggest that you look at the after-dark situation from an insurance risk point of view. Do you have lighting in the parking lot? restrooms? passenger loading area? If not, what could easily be improved? What about "slip, trip, & fall" risks that are often made worse by darkness?

On Niles Canyon Railway, we minimize nighttime parking risk by having volunteers with flashlight "wands" (the sort used to guide aircraft to their parking spots) and reflective safety vests guide people into the next parking space. At Niles we have people back into their parking spaces (this occurs in late afternoon), so they can leave afterwards going forward. Much safer for all concerned.

You'll want to write up your findings, so you have reliable info if needed by the insurance company.

An open and honest discussion with your insurance agent is then in order.

- Doug Debs


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 Post subject: Re: Night runs vs. Insurance companies
PostPosted: Tue Sep 04, 2018 8:48 pm 

Joined: Wed Jan 15, 2014 9:14 am
Posts: 367
These are all very valid points. I will have to look into that a bit more. From what I was told, it sounds like the bigger concern was actually being out on the line after dark. I see concerns with visibility of the cars at crossings. We have no reflective tape down the sides (we do on the loco since we run freight after dark on occasion). The huckleberry railroad in flint has large flood lights pointing down from the center of the cars at frame level. Is this to appease the insurance companies at crossings? It works. The cars are certainly visible at night.

I suspect that there is a way to do this. Many tourist railways run after dark. Short of overstepping my position and contacting our insurance company directly, we need to find a way to get the GM and BOD to actually WANT to pursue this.


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 Post subject: Re: Night runs vs. Insurance companies
PostPosted: Tue Sep 04, 2018 9:13 pm 

Joined: Mon Aug 23, 2004 9:37 pm
Posts: 320
Location: Niles Canyon Railway, near Sunol, CA
Niles Canyon Railway's holiday season "Train of Lights" hasn't ever been accused of being difficult to see at night. It might be visible from space!

I suspect the exterior floodlights used by the Huckleberry RR and others are for passenger enjoyment. Otherwise riding in a darkened train at night gets dull in a hurry.

Nighttime grade crossing safety, on the other hand, is very important from a liability risk standpoint. If your grade crossings are not protected by crossing gates, flashing lights, etc, then special precautions surely are needed. Highway flares? also Floodlights? Portable temporary grade crossing lights? Reflective roadblock barricades with flashing lights? (I'd check with the local police/sheriff/highway patrol office to find out what they suggest, and to get their buy-in. For occasional operations they might even dispatch a patrol car to help...)

- Doug Debs


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 Post subject: Re: Night runs vs. Insurance companies
PostPosted: Tue Sep 04, 2018 11:30 pm 

Joined: Mon Sep 03, 2018 9:31 pm
Posts: 3
It could be a bit of both. Insurance, at its most basic form, is a contract between an insured and insurer for the insurer to help cover losses due to negligence.

The organization's general liability policy could prohibit night operations, or the condition of the property itself could prohibit such operations, or make premiums so high, it isn't financially feasible. It could be a railroad general liability policy, or it could be a general liability policy.

Bottom line, you should ask for more information from the people using the "insurance" excuse to see what the issue is.

If there's a solid business case for night operations, there might be a solid case for infrastructure improvements that would allow such operations at lower premiums.

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"In three words I can sum up everything I've learned about life: it goes on."
-Robert Frost


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 Post subject: Re: Night runs vs. Insurance companies
PostPosted: Wed Sep 05, 2018 8:48 am 

Joined: Thu May 21, 2015 9:33 am
Posts: 199
Location: Liberty Hill, SC
EWrice wrote:
I see concerns with visibility of the cars at crossings. We have no reflective tape down the sides (we do on the loco since we run freight after dark on occasion). I suspect that there is a way to do this. Many tourist railways run after dark. Short of overstepping my position and contacting our insurance company directly, we need to find a way to get the GM and BOD to actually WANT to pursue this.


CFR 49 Part 224 deals with reflectorization.

Part 224.3 Applicability, This part applies to all railroad freight cars and locomotives that operate over a public or private highway-rail grade crossing and are used for revenue or work train service, except: paragraph C- Locomotives or Passenger cars used exclusively in passenger service

So legally you don't have to have reflectorization on your passenger equipment. Obviously, you can always go above and beyond the minimum set by the law. While I personally think putting the typical pattern of reflectorization on a passenger car would look silly, you can buy all sorts of reflector tape in many different colors and sizes. You could do a tasteful pinstripe of reflector tape along the bottom edge. Or put reflectors on the undercar equipment, step edges, etc There would be some easy ways to do this.

The ideas for additional protection at highway crossings are good as well. Many different options there, depending on the traffic the road sees during that time of night.

The whole key is like others said, you have to have the discussion with your insurance carrier. IF THEY ASK, spell out everything you are doing to mitigate the hazards associated with night time operations. Such as those mentioned above, parking lot lighting/guides, increased security for vehicles left in the lot, walkway lighting, crew lanterns, locomotive/railcar/platform lighting, etc. There should be no reason you can't run at night. The original policy might have excluded night running as a way to get a cheaper rate. When we applied for our policies, the question never came up. Of course it is a general railroad liability policy, but many tourist operations have the same thing.

The trick as you say is getting the BOD or the powers to be to believe it can be done, and then start finding out what they have to do to do it. If they steadfast don't want to, I suppose there is little you can do but run for the BOD and try to change it from within.

Good luck!

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Adam McDowell
Owner ATOM Rail LLC


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