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Page 1: Law Enforcement Handbook - sonomachiefs.orgsonomachiefs.org/home/sonomafirechiefs/SMART... · Law Enforcement Handbook 05/2015. 2 Table of Contents 1. Sonoma-Marin Area Rail Transit

Law Enforcement Handbook

05/2015

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Table of Contents

1. Sonoma-Marin Area Rail Transit – SMART Table of Contents Overview…...……...………………………………………………………………3 (SMART) Contact Information (Dispatcher)...................................3 System Map....................................................................................................4 Northwestern Pacific Railroad Contact Information……………. Grade Crossing Location Guide.............................................................5

2. Safety

Personal Safety on Railroad Property....................................................10 Emergency Procedures for Stopping Trains...................................11 Railroad Specific Hazardous Materials Information...................13 Additional Personal Safety Considerations.........................................14

3. Highway-Rail Grade Crossings

General Grade Crossing Information.................................................15 California Vehicle Code Statutes..........................................................16

4. Criminal Trespassing on SMART Property

General Trespassing Information.......................................................21 California Penal Code Statutes.............................................................22

5. Interacting with Train Crews During Police Investigations

Train Crew Protocol.................................................................................25

6. CHP 555 Form Guidelines....................................................................................27

7. Railroad Incident Investigation Checklist.......................................................................28

1. Illustrations Locomotive Builder Plate....................................................................29 DOT Emergency Notification Sign...................................................30

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Sonoma-Marin Area Rail Transit

On January 1, 2003 a new regional transportation district was established to oversee the development and implementation of passenger rail service in Sonoma and Marin Counties. The new rail district, created with the passage of California State Assembly Bill 2224 (Nation, District 6), holds in public ownership, over seventy miles of railroad right-of-way (ROW), estimated to be worth more than $1 billion.

The Sonoma Marin Area Rail Transit (SMART) District is governed by a 12-member Board consisting of elected officials: two county supervisors each from Marin and Sonoma counties, three appointed City Council members from each county and two representatives from the Golden Gate Bridge District.

The SMART District is charged with planning, engineering, evaluating and implementing passenger train service and corridor maintenance from Cloverdale to a Larkspur Ferry Terminal that connects to San Francisco. SMART – will build a 70-mile passenger railroad and parallel bicycle-pedestrian path along the publicly owned Northwestern Pacific Railroad right of way through the two counties. The rail line runs from Cloverdale, at the north end of Sonoma County, to Larkspur, where the Golden Gate Ferry connects Marin County with San Francisco. Along the way SMART will have stations at the major population and job centers of the North Bay: Larkspur, San Rafael, Novato, Petaluma, Cotati, Rohnert Park, Santa Rosa, Windsor, Healdsburg and Cloverdale.

SMART Contact Information

Name / Agency Telephone Number FAX Number

Operation Control Center

24 hour dispatch1

707-890-8600

SMART Main Office 707-794-3330 707-794-3037

Access Control Manager2 707-794-3063 707-794-3037

Safety and Security 707-794-3076 707-794-3037

1 For emergency and general calls about the right-of-way 2 To request access to the right-of-way or to notify SMART of activity on the

right-of-way

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Northwestern Pacific Railroad Company

The Northwestern Pacific Railroad Company (NWPCO) is a North Coast Rail Authority contractor hired to provide freight service to local businesses. NWPCO owns or leases their freight equipment (locomotives, freight cars, maintenance vehicles, etc.) and are self-insured. The NWPCO does not own the right-of-way and operates at guidelines that have been established by SMART.

NWPCO Contact Information

Position / Name Telephone Number FAX Number

President: John Williams 650-289-9850 650-289-9856

Vice President Jake Park 650-289-9850

415-235-2009(Cell)

650-289-9856

Track Inspector Tom Slivka 707-933-6044 (Cell)

Track Supervisor Frank Lovio 707-933-6043 (Cell)

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SMART System Map

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Safety on SMART Property

An operating railroad environment can be extremely hazardous due to the movement of trains and their inability to stop quickly. The following procedures are intended to serve as guidelines to preserve the safety of public safety personnel while conducting official business along the SMART right-of-way. While SMART recognizes some circumstances require immediate action that may make it impractical to follow all recommended guidelines immediately, it is recommended that these procedures be followed as soon as possible.

General:

a. Emergency responders should have on hand emergency response numbers for the railroads in their area. (Page 3 of this handbook)

b. Notify SMART Dispatcher prior to entering onto their property or right-of-way.

c. Do not climb on, between, or under railroad locomotives, freight cars, passenger cars, structures, or maintenance equipment. Stay at least 20 feet from the end of stationary rail equipment when crossing tracks. Railroad equipment can start to move at any time without prior notice.

d. Do not place your emergency vehicle, on or near, a set of railroad tracks. If stopped next to a set of railroad tracks be sure your vehicle is far enough away, at least 15 feet from the nearest rail, as to not be struck by a passing train.

e. Emergency personnel responding to emergencies or conducting police activities (investigations, searches, perimeters, etc) should not place themselves between the rails of a railroad right-of-way at any time. If it is necessary for emergency response personnel to occupy the right-of-way SMART shall be contacted and advised of the situation. If available, a representative from SMART or NWPCO will be sent to the scene to insure steps should have been taken to halt rail traffic.

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Emergency Procedures for Stopping Trains:

a. Notify public safety communications/dispatch of any emergency situation requiring the need to stop a railroad train.

b. Emergency response personnel have been provided with railroad contact telephone numbers to adequately respond to emergency situations. In the event these numbers are not readily available, emergency response personnel should communicate with any on-site railroad employee. Most employees have immediate communication capabilities with the railroad operations center.

c. The approximate location of emergencies is of utmost importance. When

communicating with railroads, the following can be used: the nearest surface streets adjacent to the railroad tracks or railroad milepost markers. If the rail emergency occurs at or near a highway-rail grade crossing please refer to the US DOT number or Emergency Notification Sign (ENS) attached to the railroad warning device or signal cabinet.

EMERGENCY Phone Number ENS Examples US DOT Number Example

d. Public safety communications/dispatch will notify the railroad of the nature of the emergency situation, the railroad milepost location or nearest Surface Street, and request that all railroad traffic in the area be halted.

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e. In the event immediate communication with the railroad cannot be established or it cannot be confirmed that rail traffic has been stopped, the following methods can be used to stop trains:

1. Handheld Lit Road Flare – Emergency personnel should immediately travel to a point

approximately two miles, in each direction from the emergency site and remain there with a lit flare until railroad traffic is stopped. Upon observing an approaching train, the responder should signal the train with the flare by swinging the flare from side to side (Figure 1) from a safe distance adjacent to the track (15 feet). Under no circumstances should a responder stand in the middle of the rails. Flares should be properly extinguished after use.

o If not possible to use a road flare, any object such as a reflective traffic control vest or other bright object waved violently by a person near the track is a signal for an engineer to stop a train.

Public safety personnel must not position themselves on a railroad

right-of-way between the rails while signaling a train to stop.

2. Stationary Lit Road Flare - A lit road flare placed on the rock ballast just on the outside of either

rail on a railroad right-of-way.

Do not place lit flares between the rails. This could possibly ignite railroad equipment if a train was to stop directly over a lit flare.

It is imperative that the lit flare not be placed on anything that is

flammable, such as a wooden railroad tie or debris along the tracks.

At least one lit flare should be placed approximately two (2) miles in each direction along the railroad right-of-way from the location of the emergency situation.

The lit flares should be placed along the railroad right-of-way as soon

as possible.

At least one public safety employee should stand-by in each area where a lit flare has been placed. Each lit flare should be monitored at all times for the duration of the emergency situation. The train engineer will acknowledge the lit flare by sounding the locomotive’s air horn.

Figure 1

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Once the situation is resolved, the on-scene commander will notify public safety communications/dispatch and request that all warning flares be extinguished.

Public safety communications/dispatch will notify the railroad that the hazard has been removed or neutralized and that all warning flares have been extinguished.

Public safety communication/dispatch will notify all appropriate on

duty law enforcement personnel that railroad traffic has been cleared to resume.

Hazardous Materials

a. Railroads are one of the major transportation modes used to haul hazardous materials of all types. When responding to any railroad related incident, be aware that hazardous materials may be present. In addition to rail cars transporting hazardous materials, be aware that each locomotive may contain up to 5000 gallons of diesel fuel and 50 gallons or more of battery acid, or other stored energy hazards such as electric current from the traction motors and compressed air from brake systems.

b. Train crews will have emergency response information for the hazardous materials they are hauling in the train. Whenever possible, they should be contacted first. If the train crew is unavailable, the emergency responders should contact the railroad emergency response center. (SMART) Emergency responders should have this contact information in advance.

c. Obtain shipping paper and emergency response information from the railroad, this

information is called the “train consist”. If responding to a train incident outside of the yard facility it is generally in the possession of the conductor. If in a yard, paperwork may be in the possession of the yardmaster or yard manager. This information will assist in identifying which rail cars are transporting hazardous materials. If paperwork cannot be obtained from local railroad personnel, have your dispatch contact the railroad for the paperwork. You will have to provide a rail car number or locomotive number for the requested information.

d. Be aware of clues that may be displayed on railcars such as placards, product stenciling, or other markings that indicate that a hazardous material is present. Cross-reference rail car information with the shipping documents received from the railroad. Remember that there are instances where railcars or truck trailers are not required to be placarded or marked. Some placards may have been lost in transit.

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e. Refer to the DOT Hazardous Materials Emergency Response Guidebook to assist in establishing safe distances. Remember to position yourself and others upwind and uphill from the incident site. Establish barriers to keep public away from incident site.

f. For further guidance refer to specific police agency department Operation Orders pertaining to hazardous material incident response and reporting procedures.

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Additional Safety Considerations

General: Law Enforcement officers patrolling or conducting investigations on railroad property must use appropriate officer safety techniques and maintain maximum situational awareness. Constantly be aware of your proximity to the rails and equipment. You don’t want to find yourself between them or near enough to be struck by moving equipment. Railroad equipment is tall so don’t forget to look up. Suspects could be on top of equipment or structures waiting to ambush you or avoid detection. Tunnel vision is just as dangerous on railroad property as in other locations, maybe more so due to the addition of moving equipment. Trains are loud which could present a problem when transmitting over your radio or communicating with other officers around you.

Dangerous Instruments: Officers can expect to find some or all of these items in locomotive control cabs or passenger rail cars: •Metal hammers/mallets •Heavy wrenches •Metal chisels •Air hoses with metal ends •Solid metal coupler pins •Brooms with chisel ends attached •Large metal fire extinguisher •Flares •Hand lanterns •Flashlights These are required items necessary for railroad employees to perform their job functions.

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Highway-Rail Grade Crossings

Highway-Rail Grade Crossing Warning Devices: All public highway-rail grade crossings should be equipped with one of the following traffic control devices:

The crossbuck has the same authority as a “Yield” sign and drivers are responsible for approaching a highway-rail grade crossing with caution and should be prepared to stop. Trains approaching highway-rail grade crossings will activate the bells, gates and flashing red lights 20 to 30 seconds prior to occupying a crossing.

Advance Warning Signs and Pavement Markings:

The approach to a public highway-rail grade crossing should be posted with advance warning signs and pavement markings. At the crossing, stop lines should be painted on the roadway approximately 15 feet from the closest rail giving drivers an indication of where they need to stop so as not to obstruct the crossing.

Crossbuck Crossbuck with bells and flashing red lights

Crossbuck with bells, gates and red flashing lights

Advance Warning Sign Pavement Markings - Approach Stop Lines

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*For more information refer to the USDOT Manual on Uniform Traffic Control Devices

Highway-Rail Grade Crossing Related California Vehicle Codes

Primary Violations

CVC 22451 – Drivers/Pedestrians Stop at RR Crossings (a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist: (1) A clearly visible electric or mechanical signal device or a flagman gives warning of the approach or passage of a train or car. (2) An approaching train or car is plainly visible or is emitting an audible signal and, by reason of its speed or nearness, is an immediate hazard. (b) No driver or pedestrian shall proceed through, around, or under any railroad or rail transit crossing gate while the gate is closed. (c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement system, a notice of a violation of this section is subject to the procedures provided in Section 40518.

CVC 22452 – Commercial Vehicles/Buses Mandatory Stop Before traversing a railroad grade crossing, the driver of a vehicle described in subdivision (a) shall stop that vehicle not less than 15 nor more than 50 feet from the nearest rail of the track and while so stopped shall listen, and look in both directions along the track, for an approaching train and for signals indicating the approach of a train, and shall not proceed until he or she can do so safely

CVC 22452 applies to the operation of the following vehicles:

(1) A bus or farm labor vehicle carrying passengers.

(2) A motor truck transporting employees in addition to those riding in the cab.

(3) A school bus and a school pupil activity bus transporting school pupils, except as otherwise provided in paragraph (4) of subdivision (c).

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(4) A commercial motor vehicle transporting any quantity of a Division 2.3 chlorine, as classified by Title 49 of the Code of Federal Regulations.

(5) A commercial motor vehicle that is required to be marked or placarded in accordance with the regulations of Title 49 of the Code of Federal Regulations with one of the following federal classifications Hazardous Materials:

(6) A cargo tank motor vehicle transporting a commodity that at the time of loading has a temperature above its flashpoint, as determined under Section 173.120 of Title 49 of the Code of Federal Regulations.

(7) A cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with Subpart B of Part 107 of Title 49 of the Code of Federal Regulations.

(d) A stop need not be made at a crossing in the following circumstances:

(1) Of railroad tracks running along and upon the roadway within a business or residence district.

(2) Where a traffic officer or an official traffic control signal directs traffic to proceed.

(3) Where an exempt sign was authorized by the Public Utilities Commission prior to January 1, 1978.

(4) Where an official railroad crossing stop exempt sign in compliance with Section 21400 has been placed by the Department of Transportation or a local authority pursuant to Section 22452.5. This paragraph does not apply with respect to any schoolbus or to any school pupil activity bus.

CVC 22526 – Entering an Intersection/Gridlock (a) Notwithstanding any official traffic control signal indication to proceed, a driver of a vehicle shall not enter an intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side.

(b) A driver of a vehicle which is making a turn at an intersection who is facing a steady circular yellow or yellow arrow signal shall not enter the intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side.

(c) A driver of a vehicle shall not enter a railroad or rail transit crossing, notwithstanding any official traffic control device or signal indication to proceed, unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle driven or there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle,

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including, but not limited to, a train, trolley, or city transit vehicle.

(d) A local authority may post appropriate signs at the entrance to intersections indicating the prohibition in subdivisions (a), (b), and (c).

(e) A violation of this section is not a violation of a law relating to the safe operation of vehicles and is the following:

(1) A stopping violation when a notice to appear has been issued by a peace officer described in Section 830.1, 830.2, or 830.33 of the Penal Code.

(2) A parking violation when a notice of parking violation is issued by a person, other than a peace officer described in paragraph (1), who is authorized to enforce parking statutes and regulations.

(f) This section shall be known and may be cited as the Anti-Gridlock Act of 1987.

Additional Violations

CVC 21461 - Obedience by Driver to Official Traffic Control Devices 21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.

CVC 22521 – No Parking No person shall park a vehicle upon any railroad track or within 7 1/2 feet of the nearest rail.

CVC 21752 - When Driving on Left Prohibited No vehicle shall be driven to the left side of the roadway under the following conditions:

(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

(b) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.

(c) When approaching within 100 feet of or when traversing any railroad grade crossing.

(d)When approaching within 100 feet of or when traversing any intersection.

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This section shall not apply upon a one-way roadway.

Trespassing Trespassing on railroad property is a nationwide problem that leads to hundreds of deaths each year. In addition, railroad employees involved in fatal trespass incidents are traumatized, railroad traffic is disrupted, and in some cases derailments occur. There are various reasons why unauthorized individuals end up on railroad property but the fact remains, if someone doesn’t have expressed permission by the railroad they have no business being on the property. To insure the safety of SMART customers, employees, and the communities we serve, trespassing on railroad property will not be tolerated and violators will be prosecuted. Law enforcement officers are encouraged to monitor railroad property when possible during their shifts to detect and deter trespassing activities. Preventing trespassing incidents and abating crime on railroad property will have a positive effect on police calls for service and improve the quality of life for the neighborhoods within close proximity to the railroad. Railroad property boundaries vary significantly and actual ownership is not subject to a pre-designated distance. California Penal Code 369i states, “property of any railroad means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, which is owned, leased, or possessed by a railroad.” This statement often leads officers to believe that railroad property extends only 20 feet from the rails when in fact the property boundary can extend hundreds of feet or further. Railroad property boundaries are often marked by posted “No Trespassing” signs installed by the railroad.

If “No Trespassing” signs are not in place and it cannot be established where railroad property begins and ends contact the railroad directly. Prior to taking any enforcement action on railroad property it is vital to know where the appropriate property boundaries are located.

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Railroad Related California Penal Code Violations

Primary Violations

PC 369i - Trespassing on Railroad Property (a) Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor. As used in this subdivision, "property of any railroad" means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, which is owned, leased, or possessed by a railroad. (b) Any person who enters or remains upon any rail transit related property owned or operated by a county transportation commission or transportation authority without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the rail line or rail-related facility is guilty of a misdemeanor. As used in this subdivision, "rail transit related property" means any land or facilities owned, leased, or possessed by a county transportation commission or transportation authority. (c) This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or rail transit related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.

PC 555 – Trespassing on Posted Property It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof. Every person who enters or remains upon posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.

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PC 602.8 – Trespassing on Unenclosed Lands (a) Any person who without the written permission of the landowner, the owner's agent, or the person in lawful possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense.

PC 587b – Unauthorized Railroad Equipment Riders Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation operating any railroad, enter into, climb upon, hold to, or in any manner attach himself to any locomotive, locomotive-engine tender, freight or passenger car upon such railroad, or any portion of any train thereon, shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding fifty dollars ($50), or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.

Additional Violations PC 219 – Train Wrecking Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life without possibility of parole in cases where any person suffers death as a proximate result thereof, or imprisonment in the state prison for life with the possibility of parole, in cases where no person suffers death as a proximate result thereof. PC 219.2 – Throwing Objects at Trains Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a missile, at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters within or bordering on this state, is

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punishable by imprisonment in the county jail not exceeding one year, or in a state prison, or by fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment. PC 587 – Tampering or Placing Objects on Rails

Every person who maliciously, either: 1. Removes, displaces, injures, or destroys any part of any railroad, whether for

steam or horse cars, or any track of any railroad, or any branch or branch way, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with any railroad; or,

2. Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branch way, or turnout connected with any railroad;

Is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. PC 647 (h)- Loitering Anyone who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant is guilty of a misdemeanor. As used in this subdivision, "loiter" means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. There is not any posting requirement to enforce this provision. PC 374.3-Illegal Dumping It illegal to dump or cause to be dumped waste matter, rocks, concrete, asphalt, or dirt in or upon a public or private highway or road, or upon private property without the consent of the owner, or any other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. There is not any posting requirement to enforce this provision. CVC 22521-No Parking on or near a railroad track Iit is illegal to park a vehicle upon any railroad track or within 71/2 feet of the nearest rail. Further, under Section 22656 of the Vehicle Code, any peace officer may remove a vehicle from the right-of-way of a railroad, street railway, or light rail line located within the officer’s jurisdiction if a vehicle is parked or abandoned upon any track or within 7 and ½ feet of the nearest rail. The officer may also remove a vehicle that is

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parked beyond 7 and ½ feet of the nearest rail but within the right-of-way of a railroad, street railway, or light rail if signs are posted giving notice that vehicles may be removed. Pursuant to California Vehicle Code Section 22658(a)(1), the posting requirements to remove cars illegally parked on SMART’s beyond 7 and ½ feet from the rail require the a sign displayed, in plain view at all entrances to the property, not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.

There is not a posting requirement for peace officers to remove a vehicle that is illegally parked on the rail or within 7 and ½ of the rail, but posting a sign is required as described above to remove a car illegally parked on SMART’s right-of-way beyond 7 and ½ feet of the rail. CVC 22523-Abandoned Vehicles

It illegal to abandon a vehicle on public or private property without the consent of the owner of the property. Vehicle Code Section 22669 allows any peace officer that has reasonable grounds to believe that the vehicle has been abandoned, as determined pursuant to Section 22523, may remove the vehicle from a highway or from public or private property within his/her jurisdiction. There are not any posting requirements to enforce this provision.

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Interacting with Train Crews During Police Investigations

Train crews involved in collisions with motor vehicles or other highway conveyances or users at highway-rail grade crossings or other locations are not subject to state or local highway laws. Trains are not motor vehicles.

CVC 670. A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks Train crewmembers are not required to carry a state issued driver’s license. CVC 12953. In any circumstances involving accidents or violations in which the engineer or any other crewmember of any train is detained by state or local police, the engineer or any other crewmember shall not be required to furnish a motor vehicle operator's license, nor shall any citation involving the operation of a train be issued against the motor vehicle operator's license of the engineer or any other crew member of the train. Railroad employees will carry an employee identification card issued by their employer. Locomotive engineers are certified under Federal guidelines and are required to carry a certificate. The certificate resembles a driver’s license that must include a photo and/or physical description of the employee, employee’s name, issued/expiration dates, and name of the railroad that issued it. A train crewmember’s state issued driver license number should not appear on a traffic accident report form. Train crews are subject to Federal random and post-accident drug testing programs. These programs do not apply to highway-rail grade crossing accidents/incidents. Railroad employees involved in collisions at highway-rail grade crossings or other locations are under NO Federal obligation to submit to a breath or toxicological test requested by state or local law enforcement officials unless those officials have probable cause to believe a particular train crew member they wish to test has committed a criminal law violation. A train crew’s involvement in a fatal collision or trespass incident should not be the lone factor in determining whether probable cause for testing exists. Improperly secured trains left unattended can be a possible hazard to the railroad and the general public. Train crews are required by Federal regulation to properly secure trains if

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left unattended. If a train crew is detained and required to leave their train, they must be afforded the opportunity to secure the train, as required by Federal regulations. Train crewmembers involved in highway-rail grade crossing collisions and trespass fatality/injury incidents can experience mental as well as physical trauma. Train crewmembers should be treated with empathy, respect and given the same level of common courtesy officers would show to a citizen involved in a similar incident.

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CHP 555 Form Guidelines Specific to Highway-Rail Grade Crossing

Collision Investigations When collisions involving trains and vehicles at highway-rail grade crossing are documented using the CHP 555 Form the following guidelines should be used.

Page 1

The driver and vehicle are coded in the usual manner. The train engineer will be listed as “Party” type “Other.” The train engineer’s driver license information will be omitted. The train conductor will be listed as a witness. The lead locomotive information will be entered in the “Vehicle Information” box.

This information includes locomotive unit or serial number, year of manufacture, color, and model. (See Figure 2-A Page 29)

The locomotive “Vehicle Type” will be 95 (Misc. Non-Motor Vehicle). “Type of Collision” is coded “H” (Other) The “Milepost Information” in the “Location” box pertains to highway mileposts, not

railroad mileposts.

Page 2

“Motor Vehicle Involved With” section mark “F” (Train).

Narrative:

The DOT highway-rail grade crossing identification number, located on the DOT Emergency Notification Sign posted at all crossings. (See Figure 3-A Page 29)

Additional Considerations:

Thoroughly evaluate the necessity to interview passengers on a passenger train as witnesses. Passengers enclosed in a rail passenger car have a limited view of what happens outside their train.

Balance the need to investigate a rail related incident against the necessity of the train to leave the scene as soon as possible to avoid passenger delays and rail system congestion.

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Non highway-rail grade crossing collisions involving trains and vehicles or trespassers should be investigated as trespassing incidents.

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Railroad Incident Investigation Checklist

Scene Safety Ensure all railroad traffic has been stopped Confirm location of incident with police dispatch Have emergency response dispatch contact the appropriate railroad and advise of the

situation Locate the train crew Determine if hazardous materials are involved, if so, what materials Determine safe route to the scene for other responders Ensure emergency vehicles are not stopped on railroad tracks Ensure emergency vehicles are positioned at least 15 ft from railroad tracks

Investigation Command:

The train’s conductor is the railroad’s initial main contact until relieved The first responding officer is in command until relieved The main railroad contact and Incident Command must stay in direct communication

Notification Considerations Medical Examiner/Coroner, ID/Crime Scene Technician

Train Crew Information Names and titles (engineer, conductor, brakeman, etc) Employer’s Address DOB’s Employer’s Phone Numbers Locations of the train crew when the incident occurred

Train Information Lead Engine Number Locomotive Certificate Information and Expiration Date Train ID Number (provided by the train crew) Number of train cars and overall length of train (provided by the train crew) Name of the railroad operating the train Locomotive equipped with forward/rearward video camera Locomotive equipped with an event recorder

Miscellaneous Document AOI, POI, POR, evidence locations Locate witnesses If highway-rail grade crossing related document the crossings DOT ID Number

At this point, if no further information is required and it is safe to do so, consider releasing the train and/or allowing rail traffic to resume after consulting with railroad officials at the scene.

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Figure 2A – Builder Plate

Make

Model Serial Number “55773”

Model Year

Builder Plate Locomotive Unit Number Normaly Applied Here

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Railroad Name – responsible for the crossing

Railroad Emergency Contact Phone Number

DOT ID Number – each crossing has its own unique identification number

Railroad Emergency Phone Number

DOT ID Number

Surface Street Location

Figure 3A – DOT Emergency Notification Sign

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CURRENT RAIL CROSSINGS AND THEIR WARNING

DEVICES

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MAINLINE SUBDIVISION

Milepost Nearest

Station/Town Crossing Name

Treatment Type

DOT Crossing

No. County

15.40 LARKSPUR PVT-XING NONE 943170Y MARIN

15.60 LARKSPUR PVT-XING NONE 943171F MARIN

16.10 SAN RAFAEL ANDERSON DR. NONE 863527P MARIN

16.50 SAN RAFAEL RICE STREET FLASHERS 863526H MARIN

16.75 SAN RAFAEL IRWIN STREET GATES 863524U MARIN

16.85 SAN RAFAEL FRANCISCO BLVD. GATES 863523M MARIN

16.89 SAN RAFAEL 2nd STREET GATES 863522F MARIN

16.90 SAN RAFAEL 3rd STREET GATES 863521Y MARIN

17.00 SAN RAFAEL 4th STREET GATES 863520S MARIN

17.05 SAN RAFAEL 5th AVE. GATES 863519X MARIN

17.10 SAN RAFAEL MISSION AVE. GATES 863518R MARIN

17.30 SAN RAFAEL PACHECO STREET SIGNS 863517J MARIN

17.40 SAN RAFAEL PALOMA AVE. FLASHER 863516C MARIN

18.80 SAN RAFAEL N. SAN PEDRO ROAD GATES 863514N MARIN

19.30 SAN RAFAEL LAS GALLINAS PED-XING NONE 863513G MARIN

19.70 SAN RAFAEL CIVIC CENTER DR. GATES 863511T MARIN

20.85 SAN RAFAEL NORTH AVE. SIGNS 863510L MARIN

20.97 SAN RAFAEL SMITH RANCH ROAD GATES 859205U MARIN

21.30 SAN RAFAEL PVT-XING NONE 943173U MARIN

21.75 NOVATO ST.VINCENT-1 PVT-XING SIGNS 863507D MARIN

22.11 NOVATO ST.VINCENT-2 PVT-XING SIGNS 863506W MARIN

23.71 NOVATO PED-XING NONE 863504H MARIN

24.12 NOVATO HAMILTON PKWY SIGNS 863502U MARIN

24.50 NOVATO ROBLAR DR. FLASHERS 863501M MARIN

25.46 NOVATO PED-XING SIGNS 859323W MARIN

25.90 NOVATO HANNAH RANCH GATES 863491J MARIN

26.99 NOVATO PVT-XING (CANAL/ROWLAND-1) SIGNS 859166F MARIN

26.99 NOVATO PVT-XING (CANAL/ROWLAND-2) SIGNS 859166F MARIN

27.46 NOVATO PED-XING FLASHERS 863539J MARIN

27.90 NOVATO GRANT AVE. GATES 863498G MARIN

28.10 NOVATO OLIVE AVE. GATES 863497A MARIN

28.35 NOVATO GOLDEN GATE PLACE GATES 859201S MARIN

28.50 NOVATO RUSH CREEK PLACE GATES 863496T MARIN

31.33 NOVATO PVT-XING (BURDELL-1) SIGNS 863494E MARIN

31.35 NOVATO PVT-XING (BURDELL-2) SIGNS 863495L MARIN

31.89 NOVATO PVT-XING (REDWOOD LANDFILL) SIGNS 498702X MARIN

32.80 NOVATO PVT-XING SIGNS 498701R MARIN

33.74 NOVATO PVT-XING (NEILS ISLAND) SIGNS 498700J MARIN

35.10 PETALUMA PVT-XING (GAMBINI ROAD) SIGNS 498698K SONOMA

35.50 PETALUMA PVT-XING SIGNS 498697D SONOMA

35.81 PETALUMA PVT-XING SIGNS 859330G SONOMA

36.37 PETALUMA PVT-XING (LANDING WAY) SIGNS 498696W SONOMA

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36.78 PETALUMA PVT-XING (SHAMROCK/DUTRA) SIGNS 498695P SONOMA

36.87 PETALUMA PVT-XING (GHILOTTI) SIGNS 498694H SONOMA

37.77 PETALUMA CAULFIELD LANE GATES 498692U SONOMA

38.50 PETALUMA EAST “D” STREET GATES 498689L SONOMA

38.60 PETALUMA WASHINGTON STREET GATES 498688E SONOMA

38.80 PETALUMA LAKEVILLE ROAD GATES 498687X SONOMA

38.98 PETALUMA PVT-XING (CEDAR GROVE) SIGNS 498686R SONOMA

39.20 PETALUMA W.PAYRAN STREET GATES 498685J SONOMA

40.40 PETALUMA SOUTH POINT BLVD GATES 498683V SONOMA

40.70 PETALUMA N.McDOWELL BLVD GATES 498682N SONOMA

41.10 PETALUMA CORONA ROAD GATES 498681G SONOMA

42.20 PETALUMA ELY ROAD N GATES 498680A SONOMA

43.30 PENNGROVE MAIN STREET/WOODWARD AVE. GATES 498679F SONOMA

43.60 PENNGROVE OLD ADOBE ROAD GATES 498678Y SONOMA

44.50 COTATI EAST RAILROAD AVE. GATES 498677S SONOMA

46.10 COTATI EAST COTATI AVE. GATES 498676K SONOMA

46.80 ROHNERT PARK SOUTHWEST BLVD GATES 498675D SONOMA

46.97 ROHNERT PARK PED X-ING (1) FLASHERS 859165Y SONOMA

46.97 ROHNERT PARK PED X-ING (2) FLASHERS 859165Y SONOMA

47.40 ROHNERT PARK ROHNERT PARK EXPY GATES 498674W SONOMA

48.50 ROHNERT PARK GOLF COURSE DRIVE GATES 498673P SONOMA

48.72 ROHNERT PARK CONSTRUCTION-XING SIGNS 943175H SONOMA

49.05 ROHNERT PARK SCENIC AVE. GATES 498671B SONOMA

50.30 SANTA ROSA TODD ROAD GATES 498670U SONOMA

50.80 SANTA ROSA WEST ROBLES AVE. GATES 498665X SONOMA

51.30 SANTA ROSA BELLVUE/CORBY AVE. GATES 498664R SONOMA

52.20 SANTA ROSA HEARN AVE. GATES 498663J SONOMA

53.00 SANTA ROSA BARHAM AVE. GATES 498662C SONOMA

53.40 SANTA ROSA SEBASTOPOL ROAD GATES 498661V SONOMA

53.70 SANTA ROSA 3RD STREET GATES 498659U SONOMA

53.80 SANTA ROSA 6TH STREET GATES 498833B SONOMA

53.90 SANTA ROSA 7TH STREET GATES 498561R SONOMA

54.00 SANTA ROSA 8TH STREET GATES 498562X SONOMA

54.10 SANTA ROSA 9TH STREET GATES 498563E SONOMA

54.40 SANTA ROSA COLLEGE AVE. GATES 498564L SONOMA

55.30 SANTA ROSA GUERNEVILLE ROAD GATES 498565T SONOMA

55.60 SANTA ROSA STEELE LANE GATES 498566A SONOMA

56.30 SANTA ROSA PINER ROAD GATES 498568N SONOMA

56.80 FULTON SAN MIGUEL ROAD GATES 498569V SONOMA

58.50 FULTON FULTON ROAD GATES 498570P SONOMA

58.70 FULTON RIVER ROAD GATES 498571W SONOMA

59.90 FULTON AIRPORT BLVD GATES 498572D SONOMA

60.20 FULTON AVIATION BLVD GATES 912093R SONOMA

61.10 FULTON SHILO ROAD GATES 498574S SONOMA

61.70 FULTON MITCHELL LANE GATES 498575Y SONOMA

62.90 WINDSOR WINDSOR RIVER ROAD GATES 498568M SONOMA

63.80 WINDSOR STARR ROAD GATES 498657F SONOMA

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64.51 WINDSOR PVT-XING (HERB ROAD) SIGNS 498656Y SONOMA

65.41 HEALDSBURG PVT-XING NONE 943176P SONOMA

65.54 HEALDSBURG PVT-XING (LUISI ROAD) SIGNS 498654K SONOMA

65.89 HEALDSBURG PVT-XING (PEDONCELLI ROAD) NONE 498652W SONOMA

66.20 HEALDSBURG LIMERICK LANE GATES 498650H SONOMA

66.31 HEALDSBURG PVT-XING SIGN 498649N SONOMA

66.44 HEALDSBURG GRANT SCHOOL ROAD SIGN 498648G SONOMA

66.90 HEALDSBURG GRANT AVE. GATES 498646T SONOMA

67.40 HEALDSBURG BAILHACHE AVE. GATES 498645L SONOMA

67.70 HEALDSBURG FRONT STREET GATES 498643X SONOMA

68.20 HEALDSBURG HEALDSBURG AVE. GATES 498642R SONOMA

68.40 HEALDSBURG MATHESON STREET GATES 863475A SONOMA

68.50 HEALDSBURG WEST NORTH STREET GATES 498640C SONOMA

68.08 HEALDSBURG WEST GRANT STREET GATES 498639H SONOMA

69.50 HEALDSBURG DRY CREEK ROAD GATES 498638B SONOMA

70.20 HEALDSBURG GROVE ST. (CHIQUITA RD.) GATES 498637U SONOMA

70.50 HEALDSBURG SIMI WINERY FLASHERS 498636M SONOMA

70.85 HEALDSBURG LP LUMBER FLASHERS 498635F SONOMA

72.02 HEALDSBURG LYTTON STATION ROAD GATES 498633S SONOMA

72.48 HEALDSBURG PRIVATE ROAD 44 SIGNS 498632K SONOMA

72.79 HEALDSBURG PRIVATE ROAD 43 SIGNS 498631D SONOMA

72.90 HEALDSBURG PRIVATE ROAD 42 SIGNS 498630W SONOMA

73.16 HEALDSBURG PRIVATE ROAD 41 SIGNS 498628V SONOMA

73.43 HEALDSBURG PRIVATE ROAD 40 SIGNS 498627N SONOMA

73.49 HEALDSBURG PRIVATE ROAD 39

(TRENTADUE WINERY) SIGNS 498626G SONOMA

73.68 HEALDSBURG PRIVATE ROAD 38

(CLOS DU BOIS-1) SIGNS 498625A

SONOMA

73.82 HEALDSBURG PRIVATE ROAD 37

( CLOS DU BOIS-2) SIGNS 498624T SONOMA

73.98 HEALDSBURG PRIVATE ROAD 36

(TRIONE WINERY) SIGNS 498623L

SONOMA

74.08 GEYSERVILLE PRIVATE ROAD 35

(WC MEYER RD.) SIGNS 498622E SONOMA

74.26 GEYSERVILLE PRIVATE ROAD 34 (FERGUSON) SIGNS 498621X SONOMA

74.50 GEYSERVILLE PRIVATE ROAD 33 SIGNS 498620R SONOMA

74.65 GEYSERVILLE PRIVATE ROAD 32 SIGNS 498619W SONOMA

74.87 GEYSERVILLE PRIVATE ROAD 31 SIGNS 498618P SONOMA

75.08 GEYSERVILLE PRIVATE ROAD 30 SIGNS 498617H SONOMA

75.23 HEALDSBURG PRIVATE ROAD (N BANTI) NONE NONE SONOMA

75.34 HEALDSBURG PRIVATE ROAD 29 NONE NONE SONOMA

75.58 GEYSERVILLE PRIVATE ROAD 28 (HAMITON RD.) SIGNS 859162D SONOMA

75.70 GEYSERVILLE WALDEN AVE. NONE 498615U SONOMA

75.80 GEYSERVILLE GEYSERVILLE STREET (128) GATE 498614M SONOMA

76.10 GEYSERVILLE MERRILL STREET SIGNS 498613F SONOMA

76.30 GEYSERVILLE WOODS LANE SIGNS 498612Y SONOMA

76.58 GEYSERVILLE PRIVATE ROAD 27 SIGNS NONE SONOMA

76.76 GEYSERVILLE PRIVATE ROAD 26 SIGNS 498611S SONOMA

76.97 GEYSERVILLE PRIVATE ROAD 25 (ROSE RD.) SIGNS 498609R SONOMA

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77.10 GEYSERVILLE PRIVATE ROAD 24 SIGNS 498608J SONOMA

77.22 GEYSERVILLE PRIVATE ROAD 23 SIGNS 498607C SONOMA

77.37 GEYSERVILLE PRIVATE ROAD 22 SIGNS 498606V SONOMA

77.54 GEYSERVILLE PRIVATE ROAD 21 SIGNS NONE SONOMA

77.58 GEYSERVILLE PRIVATE ROAD 20 SIGNS 498605N SONOMA

77.76 GEYSERVILLE PRIVATE ROAD 19 SIGNS 498604G SONOMA

77.88 GEYSERVILLE PRIVATE ROAD 18 SIGNS 498603A SONOMA

78.55 GEYSERVILLE PRIVATE ROAD 17 SIGNS 498602T SONOMA

78.78 GEYSERVILLE PRIVATE ROAD 16 (BARLANI RD.) SIGNS 498601L SONOMA

79.00 GEYSERVILLE PRIVATE ROAD 15 SIGNS 498600E SONOMA

79.15 GEYSERVILLE PRIVATE ROAD 14 SIGNS NONE SONOMA

79.24 GEYSERVILLE PRIVATE ROAD 13 SIGNS 498599M SONOMA

79.33 GEYSERVILLE PRIVATE ROAD 12 SIGNS NONE SONOMA

79.60 GEYSERVILLE PRIVATE ROAD 11 NONE NONE SONOMA

80.00 GEYSERVILLE PRIVATE ROAD 10 SIGNS 498598F SONOMA

80.21 ASTI PRIVATE ROAD UNDERCROSSING NONE 498597Y SONOMA

80.90 ASTI WASHINGTON SCHOOL ROAD GATES 498596S SONOMA

81.11 ASTI PRIVATE ROAD 9 SIGNS 498595K SONOMA

81.28 ASTI PRIVATE ROAD 8 SIGNS 498594D SONOMA

81.83 ASTI PRIVATE ROAD 7 SIGNS 498593W SONOMA

82.31 CLOVERDALE PRIVATE ROAD 6 SIGNS 498592P SONOMA

82.50 CLOVERDALE AIRPORT ROAD SIGNS 498591H SONOMA

CLOVERDALE PRIVATE ROAD 5 SONOMA

82.60 (CHROME IRON RD.) SIGNS 859206B

82.80 CLOVERDALE PRIVATE ROAD 4 SIGNS 859208P SONOMA

82.96 CLOVERDALE PRIVATE ROAD 3 SIGNS 859200K SONOMA

83.61 CLOVERDALE MASONITE LUMBER NONE 498588A SONOMA

83.95 CLOVERDALE PRIVATE ROAD

(PORTERFIELD CREEK) NONE 498586L

SONOMA

84.10 CLOVERDALE PRIVATE ROAD 2 SIGNS 859207H SONOMA

84.20 CLOVERDALE PRIVATE ROAD 1 SIGNS 498585E SONOMA

84.45 CLOVERDALE ASTI ROAD GATES 499066F SONOMA

PETALUMA YARD-INDUSTRIAL TRACK

Nearest Treatment DOT

Milepost Station/Town Crossing Name Type Crossing County

No.

PYT38.30 PETALUMA HOPPER STREET (PETALUMA YARD TRACK) GATES 498690F SONOMA

PIT38.90 PETALUMA LAKEVILLE STREET SIGNS 863380S SONOMA

SANTA ROSA INDUSTRIAL TRACK

Nearest Treatment DOT

Milepost Station/Town Crossing Name Type Crossing County

No.

SRIT50.82 SANTA ROSA PVT-XING 1 SIGNS 498668T SONOMA

SRIT50.89 SANTA ROSA STANDISH AVE SIGNS 498669A SONOMA

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BRAZOS JCT. SUBDIVISION

Milepost Nearest

Station/Town Crossing Name

Treatment Type

DOT Crossing

No. County

B26.00 NOVATO PVT-XING (MARSH ROAD) SIGNS 498747E MARIN

B26.90 NOVATO PVT-XING SIGNS 943152B MARIN

B28.11 BLACK POINT RENAISSANCE ROAD GATES 498745R MARIN

B28.20 BLACK POINT PVT-XING (HEIRLOOM STORAGE) SIGNS 498744J MARIN

B28.50 BLACK POINT GRANDVIEW AVENUE GATES 863490C MARIN

B28.70 BLACK POINT PVT-XING (JON AUGDON) SIGNS 943153H MARIN

B29.57 BLACK POINT PVT-XING (PORT OF SONOMA) FLASHERS 498703E SONOMA

B30.85 BLACK POINT PVT-XING (RECLAMATION RD-1) SIGNS 498704L SONOMA

B31.24 BLACK POINT PVT-XING (RECLAMATION RD-2) SIGNS 498705T SONOMA

B31.54 BLACK POINT PVT-XING (RECLAMATION RD-3) SIGNS 498706A SONOMA

B33.37 BLACK POINT PVT-XING (TOULAY CREEK RD) SIGNS 498707G SONOMA

B33.40 BLACK POINT HWY-37 (SEARS POINT) GATES 498708N SONOMA

B36.15 SCHELLVILLE PVT-XING (NOBEL RD) SIGNS 498710P SONOMA

B36.75 SCHELLVILLE PVT-XING (CIRCLE BAR RANCH) SIGNS 498711W SONOMA

B37.76 SCHELLVILLE PVT-XING (WINGO BRIDGE) SIGNS 498712D SONOMA

B37.82 SCHELLVILLE PVT-XING (REDDING RD.) SIGNS 498713K SONOMA

B40.00 SCHELLVILLE PVT-XING ( SCHELLVILLE YARD) SIGNS 943154P SONOMA

B40.30 SCHELLVILLE PVT-XING (MULAS DAIRY-1) SIGNS 943155W SONOMA

B40.41 SCHELLVILLE STATE ROUTE 12/121 GATES 498714S SONOMA

B40.74 SCHELLVILLE PVT-XING SIGNS 751344L SONOMA

B40.78 SCHELLVILLE STATE ROUTE 12/121 GATES 751343E SONOMA

B40.96 SCHELLVILLE PVT-XING (MULAS DAIRY-2) SIGNS 751342X SONOMA

B41.05 SCHELLVILLE PVT-XING (MULAS DAIRY-3) SIGNS 943156D SONOMA

B41.19 SCHELLVILLE PVT-XING (MULAS DAIRY-4) SIGNS 943157K SONOMA

B41.65 SCHELLVILLE PVT-XING (MILLERICK LANE) SIGNS 751341R SONOMA

B42.44 SCHELLVILLE PVT-XING SIGNS 751340J SONOMA

B42.79 SCHELLVILLE PVT-XING SIGNS 751339P SONOMA

B43.32 SCHELLVILLE PVT-XING SIGNS 751338H SONOMA

B43.48 SCHELLVILLE PVT-XING SIGNS 751337B SONOMA

B44.74 SCHELLVILLE SKAGGS ISLAND ROAD GATES 751336U SONOMA

B45.57 NAPA PVT-XING SIGNS 751335M NAPA

B45.85 NAPA PVT-XING SIGNS 751334F NAPA

B47.03 NAPA PVT-XING (BUCHLI STATION RD) SIGNS 751332S NAPA

B48.33 NAPA MILTON ROAD GATES 751331K NAPA

B48.99 AMERICAN CANYON PVT-XING SIGNS 751330D NAPA

B49.27 AMERICAN CANYON PVT-XING SIGNS 751329J NAPA

B49.76 AMERICAN CANYON PVT-XING SIGNS 751328C NAPA