Does the F R A enforce the rule about stopped not blocking a roadway? I hear its the 10 Minute Rule.?

Question

I noticed one UP freight in particular once that went way beyond ten minutes at a gated crossing one night. Wonder if they broke a knuckle or had a derailmant?

Answer 1

The rule concerning the blocking of crossings, as well as train speed restrictions through communities is a railroad specific item, not an FRA item.

These things are generally agreed upon by cooperation between local municipalities and the railroad management.

The rule is then distributed to the operating department either in the timetable or special bulletins or possibly train orders. The timetable is the usual place.



If a train is going to block grade crossings for a long period of time, it is the duty of the crew to tie down the cars and cut the crossing(s) to allow local auto traffic.

Exceptions, of course, would be in the case of an emergency situation or derailment.

I know that the specified time gets stretched a bit sometimes.....

Answer 2

That's not the FRA's rule to enforce. That's up to local law-enforcement.

And if the train can't move, it can't move. If the crews know they have to stop they'll stop short of or past the crossing or break the train up at the crossing. If its an emergency stop, well, all bets are off.

Answer 3

sometimes they do

Answer 4

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 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.

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.

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.

That said, most states do have restrictions, and they never exceed 10 minutes.  Some states list exceptions for emergencies or circumstances beyond the control of the railroad.  Individual cities and towns can also have their own ordinances regarding blocked crossings.

In PA, for example, the state does not allow crossings to be blocked, however the railroad has to given 15 minutes notice to move the train.... that makes no sense, so this would be an instance where local ordinances need to be checked.

Below is a link to the FRA's list of laws by state.

Hope this helps.

Answer 5

This is an age old question. I can not quote law but just from working on a railroad for a wile I picked up this little nugget. In the eighteen hundreds a sheriff in Kansas set up a toll booth on each side of his town. The railroads went to federal court and congress enacted a federal law saying state and local governments can not impede interstate commerce. My knowledge of this comes from a case where Pryor Oklahoma had a law that trains had to run 25 mph in Pryor. UP used the federal law and we run 60 mph in Pryor today. Pryor did not like it and it was taken up in the Tulsa papers and TV news. It was funny they had a camera crew over there and they were to darn close when a south bound came by. You could tell the camera man was nearly knocked down by the wind when the train came by. It was a kind of "up yours" delivered by UP.

Answer 6

Yep.  But, in the event of a UDE (undesired emergency brake application) derailment, knuckle, draw bar etc., when law enforcement is on scene, attention must be given to "cutting" the crossing which, in their judgment, will result in the least amount of traffic disruption.

If, on the other hand, there is a 5 day a week or 6 day a week local that continuously blocks crossings for long periods, then this should be documented (engine numbers are the way to go) including day of week, time of day, etc.  

They gotta work, but the traffic can't be bottled up continuously.