Blocked Train Crossings

We have all been a victim of having to sit and wait…and wait…and wait for a stopped train across Stanton Road. These events seem to be increasing in frequency and will most likely continue to get worse.

While it may seem we have no recourse, the Federal Railroad Administration does have a site that you can report blocked crossings.

https://www.fra.dot.gov/blockedcrossings/

While it is an excellent tool at our disposal, please keep in mind that according to the site:

“There are no federal laws or regulations pertaining to blocked crossings. Therefore, this information is only being used to track the location and impacts of blocked crossings. FRA’s purpose of collecting this information is to learn where, when, for how long, and what impacts result from blocked highway-rail grade crossings. FRA may share this information with stakeholders, including railroads, state and local governments, and other federal authorities. There may be legitimate operating and/or safety-related reasons for a crossing to be occupied by a slow or idling train.”

There may not be federal laws or regulations pertaining to blocked crossings; however, state laws are in place.

According to Delaware Code, Title 17, Chapter 7, Subsection 701:

https://delcode.delaware.gov/title17/c007/index.html

§ 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction.

(a) Every corporation operating any line of railroad within this State shall cause the approach of its locomotive engine to every public highway crossing such line of railroad at grade to be signalled by sounding 2 long blasts followed by 1 short blast followed by 1 long blast of the engine whistle on every such locomotive engine, beginning at least 300 yards from such crossing. Where 2 or more public highways cross any such railroad within a distance of 400 yards, the signal for the crossing first reached shall answer for all. This section shall not apply to the City of Wilmington, nor to any other crossings than those at grade nor to any such as are guarded by a watchperson or protected by safety gates.

(b) If any corporation neglects or omits the performance of the duty prescribed and imposed by subsection (a) of this section, it shall be fined for the first offense $20, for the second offense $40 and for every subsequent offense not more than $100.

(c) Every corporation operating any line of railroad within the State shall cause its trains to cross a highway or road for the public use within 10 minutes so that the highway or road is not blocked for any longer period of time, unless an emergency is the cause of the delay.

(d) Any corporation violating subsection (c) of this section shall be fined not less than $500 and not more than $1000 for the first conviction and not less than $1000 and not more than $2000 for each subsequent conviction which occurs within 1 year after a previous conviction.

(e) Justices of the peace shall have jurisdiction of offenses under this section. There shall be a right of appeal to the Court of Common Pleas in every case.

Please use the FRA link to report any blocked crossings as they occur; hopefully, we will start to see some relief if enough of us complain.

“The squeaky wheel gets the oil”

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