FEDERAL RAILROAD ADMINISTRATION : SAFETY

May 2004
Contact - Ron Ries
202-493-6285

Summary

Perspective - America's landscape is currently dotted with more than 251,000 public and private highway-rail grade crossings. Because many crossings are located in cities, towns, and populated suburbs, the blocking of a crossing by a train can be frustrating, time-consuming, and cause potentially dangerous situations.

The Federal Railroad Administration (FRA) is well aware of the safety hazards associated with blocked crossings. Blocked crossings can impede the movement of emergency response vehicles, be an inducement to crossing violations and trespassing, and adversely affect the quality of life in our communities. With the growth of rail traffic and continued railroad mergers concentrating that traffic on fewer lines, the problem will persist. Additionally, the funding of infrastructure improvements, such as grade separations and rail relocation projects, has not kept pace with the growth of rail and road traffic.

FRA's Role - FRA's regulations provide an environment for the safe movement of trains. They cover track, equipment, operating practices, signal systems, the transporting of hazardous materials, and the maintenance of automated warning devices (flashing lights and/or gates) at highway-rail crossings. The FRA, however, does not regulate the length of time a railroad may block a crossing.

Although there are no Federal regulations regarding blocked crossings in general, FRA rail-safety regulations do address standing (idling) trains that unnecessarily activate grade-crossing warning systems. These rules prohibit standing trains, locomotives, or other rail equipment from activating the warning systems at grade crossings unless the operations are part of normal train or switching movements.

The Role of the States - The Uniform Vehicle Code (UVC) is a comprehensive guide designed to help States develop standard motor vehicle and traffic laws. Among its many recommendations, the UVC suggests that trains not block crossings for more than five minutes, except under special circumstances (e.g., if a train is disabled; or if no vehicular traffic is waiting to use the crossing; or if it is necessary to comply with signals affecting the safe movement of trains).

The UVC is not binding, however. Some States do not follow the UVC's suggestions at all, or they craft laws that omit key exceptions or include obviously impractical elements. Some permit blockage times that vary from 5 to 20 minutes; others impose penalties that can range anywhere from $50 to $5,000.

The division of responsibility for grade crossings also varies within States. For some, it is divided between several public agencies and the railroad. In other States, jurisdiction is assigned to regulatory agencies such as public utility commissions, public service commissions, or state corporation commissions. Still other States split the authority among public administrative agencies of the State, county, and city having jurisdiction and responsibility for their respective highway systems. To help assess the variety of laws and authorities among the States, FRA sponsored the Compilation of State Laws and Regulations Affecting Highway-Rail Grade Crossings. This assemblage of State laws and regulations is a useful reference tool for anyone interested in highway-rail crossing safety. In addition to blocked crossings, the compilation includes chapters on trespassing, crossing consolidations and closings, vandalism, and warning devices, among others.

Preemption of State Laws - The issue of a State's authority to legislate or regulate blocked crossings is highly contentious and still being defined in the courts. Railroading is a "24/7" business, whose operations may be severely restricted if proposed State laws or local ordinances imposed constraints, such as the time of day they operate. Operating restrictions might raise shipper and consumer costs, potentially driving more traffic onto the Nation's already congested highways.

The railroads have on occasion mounted "preemption" defenses, citing FRA regulations and other Federal requirements (e.g., Federal Railroad Safety Act; and Interstate Commerce Commission Termination Act) they feel take precedence over State laws. For example, in order to clear a crossing in compliance with a State provision, a railroad might have to adjust either the speed or the length of its train, both of which are governed by Federal regulations. Likewise, a railroad might not be able to complete required air-brake testing at certain locations where doing so would block a crossing in violation of a State provision. Where there is a conflict between the State law and Federal safety requirements, the courts will find the State law to be preempted and, thus, unenforceable.

Alternative Measures - Some States have been able to deal effectively with this issue through their State DOT's or PUC's. Where State action has been ineffective, FRA is working with railroads to plan their operations more effectively. Some recommendations include having railroads hold their trains outside of congested areas, where practical. In addition, rail yards may be managed better to accommodate trains more efficiently. It may also be possible to close certain redundant or unneeded grade crossings. FRA will use both its regional and headquarters personnel to continue working with railroads and appropriate agencies to address this issue.