Transport Canada urged to upgrade Moncton rail crossing quickly

While Transport Canada has agreed a railway crossing inMonctonneeds to be improved for anyone usingassistivedevices, theTransportation Safety Board is asking its fellow federal agency to make those improvements happen a little more quickly.

StevenHarel'smotorizedwheelchair became stuck at the Robinson Streetcrossing in downtownMoncton as he was crossingthe railway tracks the night of July 27, 2016.

The 29-year-old was struck and killed by atrain after being stuck at the crossing for about an hour.

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After an 18-monthinvestgation, TSBreleased its recommendations inFebruary to improve not only the railway crossing inMoncton, but similar crossings across Canada.

JenniferPhilopoulos, aTSBaccidentinvestigator says there is a window of opportunity for making those improvements while the railways are doing other work on thecrossings.

"We just believe that while this work is already being done it would be a great opportunity for everyone to take advantage of the resources that are being used at that time and upgrade the crossings to an even higher standard," she said.

Deadline for improvements

All grade crossings across Canadahave to be upgraded by 2021 to meet Transport Canada'sGrade Crossings Regulations,implemented in 2014.

Transport Canada's response to the TSB recommendations after Harel's death included reviewingstudies describing engineering options and consulting with stakeholders for further assessment.

ButTSBissued a statement July 18 asking Transport Canada to expedite its work to meet the 2021 deadline for the grade crossing improvements.

"We will continue to assess and follow up with them to see where they are on that," said Philopoulos. "We did make a statement to encourage them to expedite these activities, because the grade crossing regulations do have a time period where the grade crossings are being upgraded."

Transport Canada declined to be interviewed. The agencyissued a written response stating that rail safety is the top priority for the Minister of Transport and the government is continuously looking for ways to make the railway system safer for Canadians.

Fix it now, not later

Harel'smother, Diane wants to see the work done now, not later.

"We haven't gone lately to see what kind of work they're doing but I can just imagine if it's saying it's not fast enough I think it should go faster."

Harel said on her last visit she was saddened to see the crossing was still the sameas when her son was killed two years ago. She said her son has lots of friends in wheelchairs who could face the same danger that her son did the night he died.

"After the accident you would think that they would go faster, but I guess not," she said.

Harel and her husband,Yvon Harel, have filed a lawsuit against CN Rail, the City ofMoncton, Invacare Canada and Embracor Medical.

The suit claims, among other issues, that CN and the City ofMonctonwere negligent by failing to properly inspect, maintain and repair the railway crossing and street for the safe use of wheelchair users.

City ofMonctonspokesperson Isabelle LeBlancsaid in an email that ninegrade crossings in the city have been recommended for improvements. She said some preliminary work has begun.