BNSF sues over blockage law in Oklahoma
Written by RT&S Staff
Oklahoma law says railroad companies can be fined up to $1,000 for blocking an intersection.
Logistics Park Kansas City
A judge is going to have to force BNSF to pay tickets for blocking traffic in Oklahoma.
The Class 1 railroad company is suing two police departments, Edmond and Davis, which issued citations to BNSF following a state law in Oklahoma that, for the most part, prohibits blockages at a crossing for more than 10 minutes. Elected corporation commissioners also are named in the lawsuit.
The law does allow a railroad company to block for a longer period of time due to an accident, derailment, critical mechanical failure, a washout of a track or bridge or other emergencies. There is a one-time exception to block for an additional 10 minutes if a crew cannot complete a switching maneuver. The time limit is waived if a train is waiting for another train to pass. A railroad company can be fined as much as $1,000.
BNSF attorneys say the Surface Transportation Board of the U.S., not officials at the state level, oversees railroad operations under authority granted to it by the Interstate Commerce Commission Termination Act in 1995. The Federal Rail Safety Act of 1970 also grants the Secretary of Transportation powers to prescribe regulations and issue orders that cover every area of railroad safety. Federal judges have dismissed past cases involving similar ordinances coming from the state.
In passing the blockage law, Oklahoma lawmakers were responding to an increase pressure from the public regarding long waits at railroad crossings.
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