Sala IV Orders Lowering Volume Of Train Whistle; Install Barriers and Signals at Intersections
Good news for those living near the train tracks. The Sala Constitucional ordered the Instituto Costarricense de Ferrocarriles (Incofer) and the Ministerio de Salud (health) to reduce the volume of the train whistle as it moves through downtown San José.

The Court ruled on an appeal by a couple living in the Sabana (west of San José) who complained that the train's whistle disrupted their little girls sleep and caused tension in the family.

The magistrates, in their decision, said that the reduction of the train's whistle, however, should not interfere with road safety. All of the train's intersection are unprotected and the train relies solely on its whistle to warn drivers of the oncoming train and common sense of drivers, who still insist on stopping on the train tracks.

The Court also ordered Incofer to "carry out a study" to locate barriers, signals and other warning methods at intersections in an effort to avoid more accidents. Failing, the Court will apply fines or jail of up to two years.

Incofer will also have to pay damages to the family who appealed to the Court for the noise contamination.

The president of Incofer, Miguel Carabaguíaz, considers the Court decision confusing because the it is being ordered to reduce the noise of the train's whistle but not so much as not to cause accidents. "It is difficult because where there is an accident, people say they never heard the train, but those around the area did. What will happen now if it reduced?" said Carabaguíaz.

The public official categorized the decision "illogical" and that the magistrates should have gathered more information before making a decision. Carabaguíaz says that the level of the train whistle in San José is at the same volume used by trains around the world.

As to signage and barriers, Carabaguíaz said that it "easy" for the Court to make the decision. "What do we do when there is no money, making the obligation impossible and complicated", Carabaguíaz asked rhetorically.

"We will see what will happen", Carabaguíaz added.

The Tren Urbano (commuter train) has been in operation since last October and is slowly picking up steam as many are deciding to use the train in the face of rising gasoline costs. The train currently runs from San Pedro to the east of San José to the west in Pavas. Soon the service will be expanded to run to Tibás and then to Heredia.

A number of accidents involving the train have been recorded since last October. Most of the accidents have been a result of vehicles stopped on the tran tracks without respecting the oncoming train. The first death was recorded last week, when a woman was struck by an oncoming train near La Sabana, metres from where the woman worked.

Carabaguíaz was quick to point out that that accident did not involve the Tren Urbano but rather a locomotive of a freight train that uses the same tracks, making its way to the station yard.