At
11:30 PM on April 20, 2006, Jeannie Hart was transporting
four children north on Ohio Route 358 (south of Route 2)
when she approached an unlighted and un-gated railroad
crossing. She proceeded over the tracks only to slam
into a stopped train completely blocking the crossing. This
accident came on the heels of an eerily similar accident
just over a week before – in fact, on Route 2 --
where a truck driver was killed at 4:30 AM after slamming
into a parked train at another unprotected and unlit crossing. In
previous years, the same types of accidents have occurred,
raising a host of questions having to do with the legal
responsibility of railroads to keep crossings clear, and
the authority of public officials to ensure such clearage. At
the same time, the broader issue arises as to whether or
not applicable law is being adequately enforced.
The federal
government has not exercised control over blocked crossings
with the exception of standing trains that unnecessarily
activate grade-crossing warning systems. These
regulations prohibit standing trains, locomotives, or
other rail equipment from activating the warning systems
at railroad crossings, unless the operations are part
of normal train or switching movements. (49CFR234.209) Otherwise,
each state has the authority to adopt its own requirements
regarding blocked trains, or leave such laws to the discretion
of local governments.
Ohio has recognized
the importance of keeping railroad crossings clear of blocking
trains and/or equipment in the following legislation, in
stating that:
The general
assembly finds that the improper obstruction of railroad
grade crossings by trains is a direct threat to the
health, safety, and welfare of the citizens of this
state inasmuch as improper obstructions create uniquely
different local safety problems by preventing the
timely movement of ambulances, the vehicles of law
enforcement officers and firefighters, and official
and unofficial vehicles transporting health care
officials and professionals. (ORC5589.20)
In respect
of this legislation, Ohio law limits railroad obstruction
of crossings to five minutes. (ORC5589.21) Furthermore,
where a railroad makes repairs at a crossing, its cars must
come to a full stop, not nearer than ten feet nor further
than fifty feet from the crossing, and not cross until
the way is clear. (ORC4951.49) Applicable
Ohio legislation is follows:
No railroad company shall obstruct, or permit or cause
to be obstructed a public street, road, or highway, by permitting
a railroad car, locomotive, or other obstruction to remain
upon or across it for longer than five minutes, to the hindrance
or inconvenience of travelers or a person passing along or
upon such street, road, or highway.
- At
the end of each five minute period of obstruction
of a public street, road, or highway, each railroad
company shall cause such railroad car, locomotive,
or other obstruction to be removed for sufficient
time, not less than three minutes, to allow the
passage of persons and vehicles waiting to cross.
- This
section does not apply to obstruction of a public
street, road, or highway by a continuously moving
through train or caused by circumstances wholly beyond
the control of the railroad company, but does apply
to other obstructions including without limitation
those caused by stopped trains and trains engaged
in switching, loading, or unloading operations.
- If a
railroad car, locomotive, or other obstruction is
obstructing a public street, road, or highway in
violation of division (A) of this section and the
violation occurs in the unincorporated areas of one
or more counties, or in one or more municipal corporations,
the officers and employees of each affected county
or municipal corporation may charge the railroad
company with only one violation of the law arising
from the same fact and circumstances and the same
act.
- Upon
the filing of an affidavit or complaint for violation
of division (A)of this section, summons shall be
issued to the railroad company pursuant to division
(B) of section 2935.10 of the Revised Code, which
summons shall be served in the regular ticket or
freight agent of the company in the county where
the offense occurred. (ORC5589.21)
The financial
penalty for a railroad blocking crossings in violation
of Ohio law is a maximum of $1,000 and $5,000 if the crew
abandons the train. Circumstances beyond a railroad’s
control, such as breakdown or accident, are exempted. Townships
and counties have the authority to levy the fines, which
are to be used to improve safety at the crossings experiencing
the violations.
In that many instances of railroads blocking crossings
have been experienced over the years, a number of criticisms
of the current law and enforcement system come to mind. First,
why should railroads be permitted to block un-gated crossings
for any period of time, to engage in such activities as switching? In
essence, railroad switches should be far enough removed from
crossings so that blockage will not occur. If the situation
exists where railroad crossings have been installed at locations
where switches already existed, then at a minimum, railroads
should provide protection (for instance, a flagman) for motorists
approaching blocked crossings. Second, a $1,000 fine
does not appear to be nearly enough of an incentive to railroads
for avoiding crossing blockage. To an industry realizing
revenues of over $40 billion annually, $1,000 is hardly meaningful. Third,
it does not appear that the Public Utilities Commission of
Ohio (PUCO) has done enough to ensure that blockage violations
do not exist. A pro-active program to avoid blocked
crossings is notably absent from PUCO efforts. Even
if the Commission applies fines, prevention is preferable
to penalty. Fourth, local officials seem to have not
adequately used their powers to reduce crossing blockages. They
can bring matters to the appropriate railroads and document
the scope of blockages – and bring their concerns to
PUCO. In egregious cases, local media should become
involved. And finally, Ohio Operation Lifesaver can
adopt the problem of blocked crossings as one of their targeted
safety issues. If this organization is truly interested
in saving lives at railroad crossings, eliminating blocked
crossings is a goal that should not be ignored.
Authorities in Ohio should develop a reporting system that
records each and every blocked crossing in violation of state
law. A profile of these violations should be established
and data should be published annually. Ultimately,
Ohio should use all of its available powers to ensure that
blocked crossings are a thing of the past. |
