California Court of Appeal

The Public Utilities Commission does not have the authority to order railroads to stop using locomotive-mounted horns at certain pedestrian rail crossings in the City of San Clemente, where: 1) in Public Utilities Code section 7604, the Legislature has commanded that an audible warning device mounted on the train must be sounded at every rail crossing in the state, except those within federally established quiet zones; 2) because the pedestrian crossings at issue here are not within a federally established quiet zone, a train horn must be sounded at those crossings; and 3) the Commission has no authority to order otherwise.

Appellate Information

• Decided 08/05/2013
• Published 08/05/2013

Judges

• ROBIE

Court

• California Court of Appeal

Counsel