TSB has completed this investigation. The report was published on 16 October 2024.
Movement exceeds limits of authority
Canadian National Railway Company
Freight train M 37231-13
Mile 69.4, Kingston Subdivision
Near Cornwall, Ontario
The occurrence
On 13 April 2023 at about 1451 Eastern Daylight Time, Canadian National Railway Company mixed freight train M 37231-13 was proceeding eastward on the south track of the Kingston Subdivision at about 43.2 mph when it passed signal 694S displaying a Stop indication at Wesco (Mile 69.4). At the same time, VIA Rail Canada Inc. passenger train P 06721-13 was travelling at approximately 45 mph westward on the south track of the Kingston Subdivision, approaching Wesco, where it was lined to cross over to the north track. Both trains stopped about 1100 feet apart. There were no injuries to either crew or to the passengers.
Investigation information
R23H0006
Movement exceeds limits of authority
Canadian National Railway Company
Freight train M 37231-13
Mile 69.4, Kingston Subdivision
Near Cornwall, Ontario
Investigator-in-charge
Mr. Kim Wachs joined the TSB Rail/Pipeline Investigations Branch in 2021 as a Regional Senior Investigator.
Mr. Wachs retired from Canadian Pacific Railway (CP) after over 35 years of service. In the years preceding his retirement, he was the Manager of Operating Practices with CP’s Safety & Regulatory Affairs department in Calgary, Alberta. During this time, he developed and maintained CP General Operating Instructions for Canada with the most recent version still being in use. He also developed and issued Operating and Summary Bulletins, assisted the Railway Association of Canada with revisions to the Canadian Rail Operating Rules (CROR), developed train handling guides for all CP mountain grade territories as well as various job aids/manuals for handling railway equipment.
While at CP, he also assisted in the development of new train designs and CP’s train area marshalling system (TrAM). He conducted train dynamics simulations and field testing related to the expanded use of locomotive distributed power and other rail industry technology upgrades such as locomotive trip optimizers, electronic controlled pneumatic brakes, and on-board locomotive camera systems.
Earlier in his career, he worked from Ontario to British Columbia in various operating roles where he was responsible for railway operations. This included responding to derailments, conducting wrecking activities and derailment investigations associated with all rail accidents and incidents on the territory. He also has extensive experience in performing and analyzing locomotive event recorder downloads for both regulatory compliance and derailment investigation.
Mr. Wachs is based in Saskatoon, Saskatchewan.
Download high-resolution photos from the TSB Flickr page.
Class of investigation
This is a class 3 investigation. These investigations analyze a small number of safety issues, and may result in recommendations. Class 3 investigations are generally completed within 450 days. For more information, see the Policy on Occurrence Classification.
TSB investigation process
There are 3 phases to a TSB investigation
- Field phase: a team of investigators examines the occurrence site and wreckage, interviews witnesses and collects pertinent information.
- Examination and analysis phase: the TSB reviews pertinent records, tests components of the wreckage in the lab, determines the sequence of events and identifies safety deficiencies. When safety deficiencies are suspected or confirmed, the TSB advises the appropriate authority without waiting until publication of the final report.
- Report phase: a confidential draft report is approved by the Board and sent to persons and corporations who are directly concerned by the report. They then have the opportunity to dispute or correct information they believe to be incorrect. The Board considers all representations before approving the final report, which is subsequently released to the public.
For more information, see our Investigation process page.
The TSB is an independent agency that investigates air, marine, pipeline, and rail transportation occurrences. Its sole aim is the advancement of transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability.