Is it illegal for trains to block railroad crossings in Texas? Here’s what the law says.
With railroad companies like BNSF Railway and Union Pacific operating in the Fort Worth area, it’s likely that drivers have dealt with backed up traffic at a railroad crossing at least once — and wait times could be increasing.
A 2019 report by the United States Government Accountability Office confirmed that freight trains in the U.S. are getting longer.
The average train length have increased by about 25% since 2008, with average lengths from 1.2 and 1.4 miles in 2017. Some railroads run longer freight trains up to three miles weekly, according to the report.
Because freight trains are heavier than commuter trains, they move slower and can take several minutes to pass through a railroad crossing.
That can cause headaches for commuters, bus drivers, delivery trucks and emergency vehicles.
But what happens when one of these miles-long trains stop at a railroad crossing?
How long can a train block a railroad crossing in Texas?
Trains are not limited to how long they can block a railroad crossing.
States, including Texas, lack the authority to enforce time limits on trains blocking crossings, according to the Texas Department of Transportation.
The Texas Transportation Code used to impose a criminal penalty against railway companies that blocked a street, railroad crossing or public highway for more than 10 minutes.
The criminal penalty was removed from the code in 2005 following an opinion by Gov. Greg Abbott, who at the time was Attorney General of Texas.
In the opinion, Abbott wrote that federal laws preempt state anti-blocking statutes.
If a driver has an emergency and a railroad crossing is blocked, TxDOT advises drivers to call 9-1-1.
Is there a way to check freight train schedules?
Freight railroads do not publish operational information due to security concerns, according to TxDOT. Their route times could also vary.
Commuter trains, such as the TEXRail or the Trinity Railway Express, have their routes and schedules listed online.
You can report a blocked railway crossing to the Federal Railroad Administration.
