Lawmaker wants to put railroad
fixes back on track
Sunday, October 1, 2006
Kirk D . Richards
THE COLUMBUS DISPATCH
When someone calls to report a problem with railroad tracks,
local governments can do little.
A city or village can’t hire a
contractor to fix the problem because the tracks are private
property.
Still, it’s private property that
affects public transportation.
"Railroads are the only private entity that can cross
highways and have their own special right of way," said
state Rep. Larry Wolpert.
Wolpert, a Hilliard Republican, is trying to give local governments
more power to deal with problem railroad tracks through House
Bill 637, which he recently introduced.
Under the bill, local governments could file complaints with
the Public Utilities Commission of Ohio, which would be directed
to investigate. PUCO would notify the railroad company of any
problems and set a deadline for them to be fixed. Failure to
comply would result in fines of up to $10,000.
"It’ll give the local governments that have railroad
tracks running through their jurisdictions more teeth in dealing
with these issues," Wolpert said.
Grove City Mayor Cheryl Grossman said that over the years,
she has had difficulty getting railroad companies to quickly
fix hazards at crossings.
Just this month, a man fell out of his wheel- chair when he
came across a steep bump while trying to cross the tracks at
Park Street. Bill Sherrod was knocked unconscious. When he
awoke, a couple was calling 911 and cleaning up some of his
blood.
"There could’ve been a train coming," said
Sherrod, who said his wheelchair was trapped by the same tracks
in the spring.
He lives on Park Street west of the tracks and needs to cross
them to reach downtown if he wants to shop or go out for breakfast.
His legs are amputated at the knees.
"I’m afraid to go over them anymore," Sherrod
said. "I guess I’m stuck on this side of the tracks."
The mayor is not ready to concede.
"It’s important for the railroads to know that
they can’t compromise the safety of our residents," Grossman
said.
Gary Sease, a spokesman for CSX Transportation,
which operates a 22,000-mile railroad network in the eastern
United States, said that he needed to check on the proposed
Ohio legislation but didn’t have any concerns with
the concept.
"I would hope we would be responsive enough that we wouldn’t
have to worry with fines or penalties," said Sease, whose
company is based in Jacksonville, Fla.
Currently, local governments can send letters to the companies
and then, after trying to resolve the issue through PUCO, take
them to court.
But municipalities and townships aren’t
able to do the work themselves.
"Most local governments don’t typically have the
expertise for that," said Shana Eiselstein, a spokeswoman
for PUCO. "And it would require them to shut down a crossing,
which they shouldn’t be doing."
The legislation would allow for an appeals process. A railroad
company could challenge the findings in a hearing. However,
if the problem is an emergency, PUCO could shut down a track
before a hearing.
Vicky Moore, of the Angels on Track
Foundation in Salineville, objects to changes the legislation
would make to the policy on brush near railroad tracks. The
current law states that plants must be cleared on 600 feet
of each side of railroad tracks, she said, but the proposal
would require clearing brush, trees and weeds only if they
are "materially obstructive."
"It gives the railroads and PUCO the ability to determine
what an obstruction is," Moore said.
The issue is personal for Moore, whose
son, Ryan, was killed by a train in 1995. He was riding in
a car with her eldest son, Jason, who pulled up to a northeastern
Ohio crossing and couldn’t see the train coming because
trees blocked his view.
Wolpert is still considering amendments but noted that there
are industry standards for railroads that he wants the bill
to follow.
"It’s not going to be based on somebody driving
over some tracks and saying, ‘Oh, this feels bumpy,’ " Wolpert
said. "This is about safety."
krichards@dispatch.com
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