The bill would give courts the authority to determine “the severity of the violation, whether there is a history of violations by the person or corporation and whether there were any good-faith efforts to minimize the severity of violation” in considering the amount of the fine to which the alleged violator would be subject.
Trains blocking crossings but moving continuously forward or backward would not be subject to a fine, nor would trains stopped for emergency situations, including derailment or mechanical failure. Provisions allowing an additional 10 minutes to trains blocking crossings are also included in the bill, and would extend that additional time to trains stopped for red signals. Also, trains stopped while awaiting the passage of another whose arrival is imminent would also be allowed the additional 10 minutes.
According to The Norman Transcript newspaper in Norman, Okla., the Oklahoma Railroad Association has voiced opposition to the bill. The group contends that since railroads are federally-regulated, the state has no authority to issue fines to railroads blocking crossings.
If the Republican-controlled Oklahoma Senate approves House Bill 2472, the bill would move to the desk of Gov. Kevin Stitt, also a Republican, for signature into law. The bill would then become effective Nov. 1, 2019.
Indiana and Ohio had similar laws struck down just last year. Why does Oklahoma think they will succeed?
I can understand concerns. Some smaller towns would literally be cut in half if a train stops. Most cases its not a big deal unless you need an ambulance & you happen to live on the wrong side of the tracks. Yes the ambulance can find a longer alternative route, but pity the guy needing them & every minute counts.
That all being said, towns need to work with the RR, not dig in & start a war. Unforeseen problems occur. In most cases the tracks were there probably before the town grew. Early towns were mostly built on one side of the tracks. As the towns grew, no one gave much thought of the problems the town created. Some of these issues could be resolved with some compromise, but throw in today’s NIMBY’s and you have a stalemate.
In my city a type if warning signal was installed in our emergency dispatch center so we knew what street crossings were occupied by a train so when an emergency call was dispatched, the crew would know immediately if they needed to take an alternate route saving time.
There are ways to work this out without laws & threats of huge fines.
Good luck trying to enforce it.
I don’t approve of it, drivers can use an alternate way to get around the RR tracks. Trains have the right of way and never know what happens and why they sit there, but there has to be a good reason. I know most people are not like my Dad who knew a train was coming and drove slower so we would get stopped by it and watch for Frisco cars going by. And I don’t like no horn zones either, sometimes people need that noise to get their attention, get their head out of their phones or whatever is distracting them. Train tracks were in place when most homes were built, so if you don’t like the noise, don’t buy there. But I am a railfan and know most people don’t like it, but fining a train for sitting or stopping the horn blowing.
Yes, this is an illegal bill usurping federal control of interstate commerce. With every bill passed in Washington, the federals do the inverse, commandeering rights given to the states or the people themselves (10th Amendment). What we need is fewer laws.
Bills that pander to the voters but are obviously illegal are a political staple. It’s makes the legislators look good to an uninformed public, plus when it gets struck down they just blame the courts.
“Indiana and Ohio had similar laws struck down just last year. Why does Oklahoma think they will succeed?” Ummm republican hubris comes to mind….they think they are above federal law…even if the courts say different. They should spend millions trying to defend their law and then be forced to pay the railroads for THEIR COSTS in court defending FEDERAL LAW. Amazing yet true….may their costs be in the millions….serves em right.
Perhaps the more states that attempt this; the sooner the STB will step in and address the matter on a national basis.