STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1354

) DEPARTMENT OF TRANSPORTATION, ) and CITY OF NEW SMYRNA BEACH, )

)

Respondents. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the Volusia County Courthouse Annex, Daytona Beach, Florida, at 10:00 a.m. on November 20, 1975, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Charles B. Evans, Esquire Florida East

Coast Railway Company

For Respondent: Charles A. Hall, Esquire City of New

Smyrna Beach

For Respondent: Philip S. Bennett, Esquire Department of

Transportation

ISSUE

Whether a permit should be issued to close an at-grade crossing in the vicinity of Florida East Coast Railway Company Mile Post 123 + 3,478 feet and Eleanor Street in New Smryna Beach, Florida.

FINDINGS OF FACT

1. The Eleanor Street railroad crossing is within the city limits of New Smyrna Beach, Florida, and serves a residential neighborhood.

   
   

2. There are a total of 16 freight train movements north and south in a 24-hour period. There are normally two local freight trains each day. In August of 1966 there was a railroad train/automobile accident in which there were two fatalities and one injury. There is a small manufacturing plant on the west side of Eleanor Avenue which uses subject crossing. The factory has approximately 15 trucks. Motor vehicular count shows that there are between 600

   and 900 crossings per day at this railroad crossing. Eleanor Street is a two- way street and the train is a single track. The street is relatively straight on the east side of the track and there is a reverse curve on the west side of the track. The crossing is protected by cross bows and stop signs. To the south of Eleanor Street, several hundred feet, is Wayne Street crossing, which is a two-lane street protected with flashing lights and gates at the railroad crossing. The Wayne Street crossing is heavily traveled with a traffic count of some 2,407 crossings per day. Although there are several crossings in close proximity, ditches and lack of through streets make these crossings inconvenient to those presently using subject crossing.

   
   

3. The petitioner desires the crossing be closed, but if it is not closed that flashing bells, lights and gates be installed. The Respondent City does not want the crossing to be closed and states that it has allocated 10 percent of the required funds for installation of proper signalization. The Respondent Department of Transportation does not recommend that the crossing be closed and recommends that the crossing be signalized by a Type I signalization which is roadside mounted flashing lights with bells. Federal funds can he used for this project.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 338.21, Florida Statutes, provided in part that the Department of Transportation has regulatory authority over all public railroad crossings in this state. The purpose of this law is to minimize the hazards inherently connected with vehicular traffic crossing railroads. The evidence in this case shows that the crossing is hazardous because of the curve in the road and in the railroad tracks. School children, residential vehicles, manufacturing vehicles and emergency vehicles all use the crossing and there is a need for the crossing, although there are a number of crossings in the close vicinity.

RECOMMENDATION

Grant the petition to close unless installation of a Type I denomination of signalization is begun within sixty (60) days from date of Final Order.

DONE and ORDERED this 12th day of February, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Charles B. Evans, Esquire General Counsel

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

Charles A. Hall, Esquire City Attorney

Bank of New Smyrna Building New Smyrna Beach, Florida

Docket for Case No: 75-001354

Orders for Case No: 75-001354