Photo: Emma Friedman/WBZ NewsRadio
BOSTON (WBZ NewsRadio) — A Massachusetts court has dismissed a former train engineer's lawsuit that sought to require commuter rail trains to ring their bell and blow their whistle at gate crossings.
The Massachusetts Appeals Court said in its ruling that while it believes Mark Layman means well, his only recourse is to convince the legislature to amend the law.
The court noted that for the past 150 years to the present day, the statute says trains must ring bells OR blow whistles at crossings.
It does not require both.
Layman, who said he is upset by the death of a teenager who ran in front of his train in 1999, argued that his main concern to change the law so that both bell and whistle are sounded, is public safety.
While some commuters agreed public safety is a priority, they also recognized neighborhood noise concerns need consideration. "I would imagine that the more sound the better in terms of safety, so I would say they have both (bell and whistle)," said one commuter.
Brandon said safety is paramount. "I feel it would be a bad situation if someone got hurt ... if they didn't hear one or the other," he said.
But another commuter said noise is a concern. "When it's six in the morning, you know, that's a little loud."
WBZ NewsRadio's Emma Friedman (@EmmaFriedmanWBZ) reports.