Noise Issue

Association and MWHA are particularly concerned with the noise that would emanate from bells and horns associated with crossing gates and the train should at-grade crossings be constructed. They assert that the geography of the neighborhood is such that the noise would reverberate up the hill and be a constant nuisance to the residents. These warning devices would initially be sounded 200 times per day as trains approach the crossings. This could increase to 250 times per day if ridership so warrants. (Tr 1268)

Public Utilities Code Section 7604 requires a locomotive to ring a bell when approaching an at-grade crossing. GO 143-B repeats this requirement when an LRV approaches a crossing protected by automatic crossing signals. Several parties proposed alternatives to the normal operations of crossing arm bells and train whistles. Before considering these alternatives we must assure ourselves that we have the authority to deviate from the statute. Section 7604 has three exceptions, one of which is pertinent to this discussion.

"In a city, the ringing of the bell or the sounding of the steam whistle, air siren, or air whistle shall be at the discretion of the operator of the locomotive engine." Public Utilities Code Section 7604(a)(1)(Ital. Added)

Avenues 45 and 50 are both within the City of Los Angeles. If the operator of the engine has the discretion to sound the otherwise required warning device we have no doubt that we may impose conditions under Public Utilities Code Section 1201 so as to eliminate the locomotive whistle or horn, except where required for emergencies.

GO 143-B, with its reference to GO 75-C, similarly requires an LRV operator to sound an audible warning when approaching a crossing. (Sec. 7.09) However, exceptions to the requirements of this General Order are contemplated when there is justification to do so. (Sec. 1.07)

Association and MWHA both point to a "quiet zone" established by ordinance in the City of Los Angeles (L.A. Municipal Code, Sec. 72.12) which prohibits blowing or activating a whistle or horn in the Mount Washington area. Staff presented Attorney General Opinion No. 86-504 (69 Op. Atty Gen. Cal. 203) indicating that this ordinance is preempted by Public Utilities Code Section 7604. The ALJ took official notice of the ordinance as well as the Attorney General opinion. Staff's attorney agreed that the Attorney General Opinion applied to local ordinances and that it does not restrict activities of this Commission. (Tr 2031)

In response to the concerns of the Mount Washington residents, Blue Line has agreed to the cessation of audible warning devices once crossing gate arms are horizontal at Avenue 45. (R.B. p 22) We find it appropriate to include Avenue 50 in this condition. Comments on this decision from the Applicant and Staff declare that GO 143-B does not provide for an exemption of an audible warning device in the situations at Avenues 45 and 50. We are convinced that an exemption does not exist for the circumstances of this case. Therefore, we will not grant any exemption from GO 143-B. However, we do find merit in the use of a "quacker" type horn. We will order Applicant to use such a device.

Operational matters, such as speed and warning bells, are generally relegated to negotiations between Staff and the operator of the system-here MTA. However, all parties agreed that the Commission could impose conditions on the operator as a part of this decision. (Tr 1582) Since all parties are in agreement there is no need to establish a test zone as contemplated in Public Utilities Code Section 1202(d)(2)(A), as no wayside horn will be installed.