(The Center Square) – An Ohio congressman wants to bring federal law in line with Ohio law to stop trains from blocking roads throughout the state.
This week, Republican U.S. Rep. Warren Davidson introduced the Railroad Responsibility Action of 2024, legislation that would end railroad crossing blockages by allowing states to enforce penalties.
“The Railroad Responsibility Act restores state authority to regulate blocked rail crossings,” Davidson said. “The federal government must stop preventing states from enforcing commonsense laws, like Ohio’s law that prevents blocked crossings.”
Ohio has had some sort of law against blocked railroad crossings since 1853. In 1999, it passed an anti-blocking law that said nonmoving trains cannot block a cross for more than five minutes. It also said that once a train is moved, the crossing has to remain clear for three minutes.
The law does not apply to trains that are moving or those stopped by circumstances out of the railroad company’s control.
In 2022, however, the Ohio Supreme Court ruled federal law stopped the enforcement of that statute.
According to the U.S. Department of Transportation, Ohio ranked second in the country in crossing blockages in 2022 with 3,575. Only Texas had more, with 6,508. Illinois was third, followed by Indiana and Tennessee.
In contrast, Ohio is fifth among states receiving the most rail freight yearly. Texas is first, followed by Illinois, California and Minnesota.
It’s the second piece of legislation currently in Congress from Ohio that deals with railway issues.
Following the Feb. 3, 2023, derailment in East Palestine, Sens. Sherrod Brown and J.D. Vance introduced the Railway Safety Act of 2023, which focuses on five areas: stronger safety procedures and notifications for trains carrying hazardous materials, wheel bearing failure, crews, future improvements and support for communities impacted by rail disasters.
The bill would establish new safety requirements and procedures for trains carrying hazardous material, require carriers to give advance notice and information to state emergency officials about the contents and establish rules for train size and weight.
— J.D. Davidson, The Center Square
