The Truth About How Long Trains Can Block Louisiana Roads
Like it happens so often in Bossier City, Blanchard and many other areas in the Shreveport area, a couple of trains had traffic shut down yesterday.
Louisiana Breaking News reported on Facebook yesterday around 3:45 pm, Bossier City traffic was grid-locked because two separate trains were stopped on the tracks along Barksdale Boulevard.
One of those was near Heart O' Bossier and it's blockage is said to be the cause of another train being unable to move past Airline Drive leaving drivers on both sides of the tracks rightfully aggravated.
Considering yesterday's blockage, one might wonder just how long a train can legally block a road in the state of Louisiana.
How Long Can A Train Legally Block A Louisiana Road?
If you examine Louisiana State Law, TITLE 48 — Roads, bridges, and ferries, RS 48:391 — Obstruction of railroad grade crossings, the law states:
§391. Obstruction of railroad grade crossings
A.(1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes, except when such train, railroad car or equipment, or engine is moving or when such movement is prevented by any of the following:
(a) A power brake failure or other mechanical failure.
(b) Enforcement of the Hours of Service Act.
(c) Derailment or other accident.
(d) A directive of the Federal Railway Administration.
(e) Circumstances over which the railroad company or carrier has no reasonable control, such as a natural disaster or acts of third parties.
What Are The "Exceptions" To This Twenty Minute Law?
There you have it. Twenty minutes is the longest a train can "legally" block the road, however there are a few exceptions including those times when the train is moving or its movement is prevented.
Additionally, law.justia.com states that
B.(1) Any railroad or public agency may, by formal application to the department, request a variance from the requirements of this Section or have different regulations provided in connection with operation over a specific crossing where local conditions so require. The application shall list any public agencies within the geographic area or any railroads which may be affected by the variance and shall detail any previous steps which may have been taken in an attempt to reach an agreement on or alternative to the proposed variance.
What Happens If A Train Exceeds The 20-Minute Legal Limit?
We all know there are plenty of times when a train blocks the road for much longer than twenty minutes, so what happens then?
Continuing through the statute regarding the issue, we see there are actually escalating fines determined by the amount of time the intersection in question is being blocked.
(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as follows:
(a) If the duration of the obstruction is in excess of twenty minutes, but not longer than twenty-five minutes, the fine shall be not less than two hundred dollars nor more than five hundred dollars.
(b) If the duration of the obstruction is in excess of twenty-five minutes, but not longer than thirty minutes, the fine shall be five hundred dollars.
(c) If the duration of the obstruction is in excess of thirty minutes, but not longer than thirty-five minutes, the fine shall be seven hundred dollars.
(d) If the duration of the obstruction is in excess of thirty-five minutes, but not longer than forty minutes, the fine shall be nine hundred dollars.
(e) If the duration of the obstruction is in excess of forty minutes, but not longer than forty-five minutes, the fine shall be one thousand dollars.
(f) If the duration of the obstruction is in excess of forty-five minutes, the fine shall be one thousand dollars plus an additional five hundred dollars for each five minutes of obstruction in excess of forty-five minutes. However, the maximum fine shall not exceed five thousand dollars for an obstruction which occurs within a twenty-four hour period.
So, just know the next time you're stuck in a traffic jam caused by a train crossing the road, they're going as fast as they can to get out of the way, because the "fines meter" is running and every minute costs them money.