After surviving a collision with two locomotives last week, a New Scotland man is being charged with a misdemeanor for failing to stop at the railroad crossing, according to the Albany County Sheriff’s Department.
At the same time, the state Department of Transportation is planning to construct a new road to circumvent the Youmans Road railroad crossing as a result of the collisions, according to DOT officials.
The collision occurred at about 10 a.m. Saturday, Nov. 22, when a Range Rover driven by Peter A. Salerno, 38, with his two children, ages 8 and 10, as passengers, was initially struck on the front of the passenger side by a westbound train. The vehicle spun around and was then struck again by an eastbound train in the rear of the passenger side. The car was eventually pushed clear of the eastbound side and rested on the shoulder clear from danger.
All three of the vehicle’s occupants were transported to the Albany Medical Center Hospital for treatment of non-life-threatening injuries.
According to the Albany County Sheriff’s Department, there is a sign stating that it is a railroad crossing, but no flashers or gates at the location.
Chief Deputy Craig D. Apple said the state Department of Transportation is responsible for the final say on where gates or flashers are placed.
The railroad company, in this case the CSX Corporation, is only responsible for the upkeep of gates and flashers once they are in place, Apple said.
Everybody is pointing fingers and nobody is willing to take responsibility, he said early Tuesday, Nov. 25.
Apple said the sheriff’s office is still investigating the case.
`We are still reviewing the information from the rail company. The engines are very similar to planes in that they have a little black box,` he said.
According to information provided by the sheriff’s department, the train was traveling at 43 mph, and the engineer sounded a horn and bell 20 seconds prior to impact.
A camera mounted on the front of the Westbound CSX train revealed that Salerno neglected to stop before being struck by the train.
He has been charged with `failing to stop at a railroad crossing, a class `A` misdemeanor and is scheduled to appear in New Scotland Town Court on Thursday, Dec. 18, the report states.
Capt. William Riley said right now there are no additional charges being brought against Salerno, but the incident is still under investigation.
The camera also showed that prior to the collision with the eastbound train it was `visible and approaching,` according to the sheriff’s office.
That train did not have a camera, but it did have a `graphic recorder data system,` which revealed it was traveling 50 mph and also sounded its horn and bell one-quarter-mile before the collision. The conductor applied the emergency brake upon seeing the first collision, the report states.
The sheriff’s office included in the report that CSX engineers did not appear to be in violation of any policies or procedures.
New Scotland Town officials, DOT, CSX and the Federal Railroad Administration met later on Tuesday, Nov. 25 to discuss how to proceed with the Youmans Road railroad crossing, according to Charles Carrier, a DOT spokesman.
He said the long-term solution is the construction of a new road that would allow travelers to bypass the crossing.
`The whole idea is to take them out a different direction,` Carrier said.
Carrier said a private landowner will allow travelers to use a road on his property as temporary ingress and egress from the area as short-term solution.
With such a small amount of traffic coming from the opposite side of the tracks, DOT never deemed it necessary to set up flashers or gates in the area, Carrier said.
He said the costs associated with the gates and flashers, along with re-grading issues and preparation work prevented DOT from constructing additional infrastructure at the Youmans Road crossing.
Carrier added that safety concerns about the crossing were previously discussed and an alternate route has been the preferred solution, although no plans had been finalized.
`It wasn’t really a good situation,` Carrier said. `Nobody was really happy with it.`
Supervisor Dolin said he met with DOT four times and had discussions about how to go about upgrading the safety of the crossing, but to no avail.
`The problem had been finding the funding,` Dolin said.
Dolin said the Nov. 25 meeting was largely spent attempting to find the money to pay for a road that would allow travelers to circumvent the crossing.
Dolin said the new road will likely be 1,700 feet long and connect Great View Terrace to the end of Youmans Road, but in order to do so, the town will seek financial aid to fund the road.
`The town doesn’t have the resources to do this on its own,` he said.
He said the Town Board is expected to make a minimal financial contribution to the new road, which Dolin said has been estimated upwards of $400,000.
Dolin also said DOT is seeking federal aid and is fairly confident they will be able to secure funds to help construct the new road.
Attempts to contact Salerno and CSX were unsuccessful.“