STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LOUISVILLE AND NASHVILLE ) RAILROAD COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 79-127

) DEPARTMENT OF TRANSPORTATION ) and OKALOOSA COUNTY, FLORIDA, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on June 20, 1979, in Courtroom B of the Okaloosa County Courthouse, Crestview, Florida. The issue for determination at the hearing was whether the respondent Department of Transportation should grant the application of the Louisville and Nashville Railroad Company (L & N) to close a public at-grade rail/highway crossing in the vicinity of Post Office Road or Johnson Street in Holt, Okaloosa County, Florida.

APPEARANCES

For Petitioner: Dawn E. Welch

Beggs and Lane

Post Office Box 12950 Pensacola, Florida 32576

For Respondent: Philip S. Bennett

Department of Transportation Haydon Burns Building

605 Suwanee Street

Tallahassee, Florida 32304

For Respondent: John R. Dowd

County Post Office Box 1964

207 Florida Place

Ft. Walton Beach, Florida 32548 FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found:

1. In November or December of 1978, the L&N Railroad Company submitted its application for the closing of a public at-grade highway crossing of its tracks at Johnson Street, also known as Post Office Road, in Holt, Florida.

2. Eight regularly scheduled trains, and an occasional unscheduled train, travel through Holt on a daily basis at an approximate speed of 49 miles per hour. Located some 400 feet to the west of the subject Johnson Street crossing is the Main Street crossing, which receives the majority of the traffic in the area. The Johnson Street crossing is used on a regular basis by log trucks, other industrial vehicles and school buses. This crossing has been in existence for some fifty-eight years.

   
   

3. Traffic counts of the Main Street and Johnson Street crossings reveal that both crossings have traffic less than 1,000 crossings per day, with the Johnson Street count being less than 600. There are no active traffic control devices at either crossing.

   
   

4. The community of Holt and nearby communities have experienced two derailments of trains with accompanying explosions or leaks of toxic chemicals in the past two years. These accidents necessitated the immediate evacuation of the citizens of Holt for several days.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Department of Transportation has regulatory authority over all public railroad crossings in the state, including the authority to issue permits for the opening and closing of crossings. Florida Statutes, Section 338.21(3). Pursuant to such authority, the Department had promulgated rules relating to the opening and closing of railroad crossings. Rule 14-46.03(2)(b), Florida Administrative Code, provides in pertinent part that:

   
   

   "Any public grade crossing not equipped with active grade crossing traffic control devices, with less than 1,000 vehicles per day and with an access road to an adjacent crossing is a candidate crossing for closing. A grade crossing should not be closed if by doing so would increase the traffic on adjacent crossing to capacity level or if such crossings are already

   at capacity. Also, that the closing of such crossings would not unduly inhibit movement of ambulances, police cars, fire fighting equipment and emergency type vehicles."

   
   

6. The evidence in this proceeding illustrates that while the Johnson Street, or Post Office Road, crossing would be a candidate for closing under the criteria set forth in Rule 14-46.03(2)(b), such a closing would put the adjacent Main Street crossing near capacity. Also, if the Main Street crossing were under repair or maintenance, there would be no nearby crossing in the area.

   Main Street is an active thoroughfare and the closing of the subject crossing could create a traffic hazard at the intersection of U.S. Highway 90 and Main Street. The Johnson Street crossing appears to be the best and safest crossing for industry vehicles and school buses in the area, and its long usage and custom should be taken into consideration. The Johnson Street crossing also provides an available alternate route for emergency vehicles.

   
   

7. Although the Main and Johnson Street crossings are within close proximity (400 feet) to each other, it is concluded that both are needed for purposes of public safety, convenience and necessity.

RECOMMENDATION

Based upon the above findings of fact and conclusions of law, it is RECOMMENDED that the application of the L&N Railroad Company to close the Johnson Street or Post Office Road rail/highway crossing be DENIED.

Respectfully submitted this 24th day of October, 1979, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings

101 Collins Building Tallahassee, Florida 32301 (904) 488-9675

COPIES FURNISHED:

Dawn E. Welch, Esquire Beggs and Lane

Post Office Box 12950 Pensacola, Florida 32576

John Dowd, Esquire Post Office Box 129

Fort Walton Beach, Florida 32548

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building

605 Suwanee Street

Tallahassee, Florida 32304

Secretary William N. Rose Department of Transportation Haydon Burns Building

605 Suwanee Street

Tallahassee, Florida 32301

Docket for Case No: 79-000127

Orders for Case No: 79-000127