(a) This section shall only apply in Jefferson County.
(b)(1)a. It shall be unlawful for any railroad train to obstruct any public street, road, or highway crossing-at-grade within a Class 1 municipality in the county for more than five minutes.
b. The railroad corporation or company that owns or operates a train violating this subdivision is liable for a civil penalty not exceeding one thousand dollars ($1,000) for each violation.
(2) A train crew, yard crew, or engine crew of a train blocking a public crossing shall immediately take all reasonable steps, consistent with safe operation of that train, to clear the crossing upon receiving information from a law enforcement officer, member of a fire department, or operator of an emergency vehicle that emergency circumstances require the clearing of the crossing.
(3) If a train is stopped on a railroad track and is obstructing a public street, road, or highway crossing-at-grade, the train crew, yard crew, or engine crew shall exercise good faith judgment to determine how long the train will be stopped on the track and shall inform the local law enforcement agency, fire department, and rescue squads.
(4) No member of a train crew, yard crew, or engine crew of a railroad, which is a common carrier, shall be held personally responsible or found guilty of violating this section upon reasonable proof that the occupying or blocking of the street, road, or highway crossing-at-grade was necessary to comply with the orders or instructions either written or oral of his or her employer or its officers or supervisory officials. This subdivision shall not relieve the employer or railroad from any responsibility placed upon the employee or railroad by state laws or by municipal ordinances; provided further, that nothing contained in this section shall affect any civil tortious responsibility of the agent, servants, employees, and the railroad itself.
(c) It is a defense to prosecution under this section when a train has obstructed a street, railroad crossing, or public highway due to an act of God, a break down of the train, or acts of vandalism.
(d) Each municipality shall have full authority to prosecute violations of this section in the municipal court as a violation of municipal law, and to participate in joint programs with the railway operators to eliminate street crossings and install guard devices on other street crossings.
Last modified: May 3, 2021