The Oklahoman

Road-rail law faces first test

BNSF cited by Edmond police twice for trains blocking intersecti­ons

- By Jack Money Business writer jmoney@oklahoman.com

The Oklahoma Corporatio­n Commission announced Wednesday it has set a hearing before an administra­tive law judge on two citations a local law agency issued to BNSF Railway that accuses the railroad of blocking a road-rail intersecti­on for longer than 10 minutes without good reason.

The citations were issued under an Oklahoma law that became effective this year, which requires railroads operating in the state to minimize obstructio­ns for emergency vehicles where possible and to avoid blocking a trackroad intersecti­on with a stopped train for longer than 10 minutes.

The citations were issued by officers with the Edmond Police Department on July 17 and on July 29.

On July 17, an officer observed a train blocking road-rail intersecti­ons from between Edmond Road and Danforth Road for longer than 20 minutes.

On July 29, an officer observed a train blocking road-rail intersecti­ons from Col cord Avenue, which doesn't have a road-rail intersecti­on, to south of W Third Street, which does.

In both cases, at least a

half- dozen road- rail intersecti­ons were blocked along a double- tracked corridor, which also includes two spurs that at one time were used by the railroad to offload materials to commercial customers that were located on the west side of the community's central business district.

Also, it is important to note there is a grade-separated crossing on Edmond Road, which provided away for emergency vehicles to avoid the block ages when they happened.

The law, which took effect July 1, doesn't prohibit blockages of longer than 10 minutes entirely. It allows trains to

block road-rail intersecti­ons for longer than 10 minutes when one must be halted because of an accident,

derailment, critical mechanical failure, a washout of track or bridge or other emergency condition or order.

It also grants a rail operator a one-time exception of up to 10 additional minutes if a crew can't complete a switching maneuver to subtract or add railcars to a train's consist any more quickly.

Plus, it waives the time limit when a halted train blocks an intersecti­on to allow passage of a second train that's momentaril­y expected, or, in cases when an operator separates a train's consist to open a nearby road-rail intersecti­on.

Local police, deputy sheriffs and highway patrol troopers are authorized by the law to issue citations to train operators for lengthy intersecti­on blockages.

The law requires contested citations to be heard by an administra­tive law judge at the commission, with a caveat a judge' s finding could be appealed for a hearing before elected commission­ers.

B NSF, which had no comment on the citations Wednesday morning, apparently has asked for that hearing, which commission officials set for 8:30 a.m. Aug. 28.

The process will be interestin­g to follow, as legislator­s considerin­g the issue earlier this year stated that similar laws enacted by other states routinely have been nullified because operationa­l oversight of railroads is conducted by the federal government.

If the law were upheld and the fines were imposed, the Oklahoma law would require for 75% of collected fines to be deposited into the general fund of the law enforcemen­t entity that issued the citations, with the remainder going to a revolving fund at the Corporatio­n Commission.

 ??  ?? One BNSF Railway train roles past another stopped train just west of Edmond's central business district. Officers with the Edmond Police Department issued citations to BNSF twice in July that accuse the company of violating a new state law that requires railroads to avoid blocking road-rail intersecti­ons for longer than 10 minutes without good reason. [OKLAHOMAN ARCHIVES]
One BNSF Railway train roles past another stopped train just west of Edmond's central business district. Officers with the Edmond Police Department issued citations to BNSF twice in July that accuse the company of violating a new state law that requires railroads to avoid blocking road-rail intersecti­ons for longer than 10 minutes without good reason. [OKLAHOMAN ARCHIVES]

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