When Trains Block Rail Crossings, Federal Law Ties Tuscaloosa's Hands

Most every driver who has been held up by a train blocking a rail crossing for any length of time can sympathize with Derrick Collins. He came to last Tuesday's Tuscaloosa City Council meeting asking why the city doesn't cite engineers when a train blocks a rail crossing for longer than five minutes. After all, Collins said he was told almost ten years ago that the city had an ordinance prohibiting trains from doing just that. The problem for Collins, the city council, and leaders in places across the country is that federal law trumps local and state laws. The federal government holds exclusive authority over railroad operations, including train movement, scheduling, and safety. Courts have repeatedly cited the Interstate Commerce Commission Termination Act and the Federal Railroad Safety Act as legal precedent. The International Municipal Lawyers Association has even written a legal briefing on the issue. Thirty-eight states have passed ordinances and laws over the years requiring trains to move after a specific period of time, but the railroads have won each case. An Ohio law made it to the U.S. Supreme Court and was struck down when the justices sided with the railroads In each case, railroads referred to a number of reasons why some stops are longer than others, making laws punishing those stops unfair. They cited train length - modern freight trains often exceed 12,000 feet - as well as crew changes, congested railyards, mechanical inspections for safety issues, federal hours‑of‑service rules and dispatching constraints beyond their control. However, things could be slowly changing. The National Association of Counties is backing the Railroad Responsibility Act of 2025 (H.R. 341). The act grants states the authority to regulate blocked at-grade railroad crossings. The bill's sponsor is Ohio Republican Rep. Warren Davidson. So far, he has no co-sponsors, and none of Alabama's Congressional Delegation has voiced their view on it. Collins also suggested the development of a local system to record when crossings are blocked. The Federal Railroad Administration has a reporting website and a database listing blocked crossings. "Blocked crossings are not a police issue," Collins told the council, "they are a leadership issue." However, for now, there is little local and state officials can do, except perhaps urge congressional lawmakers to back H.R. 341. For more coverage of the city council and other matters of interest in West Alabama, stay connected to the Tuscaloosa Thread.