Train continues to block access to property, could be more than 25 hours before train moves

The train came to a stop at approximately 9:00 pm on July 20, 2021, near the crossing at Dismal Hollow Road and Rt 624.  Warren County Sheriff Mark Butler says “Enough is enough, I’m tired of the railroad holding the county hostage by blocking access to property.” He said that the train might not move until 10:00 p.m. on July 21, 2021, a period of 25 hours.

Butler has contacted the railroad and received the name and address of the CEO and will issue a ticket, and will do so each day until the train is moved.  Butler asks that county residents write their congressmen and senators.

Another problem: local law enforcement has no authority over railroads. The FRA and the Virginia State Corporation Commission are the only two agencies that can enforce railroad-related rules.

Fining railroads under Virginia law has proved difficult, as railroads argue the rule could have the unintended effect of requiring a crew to violate other federal safety requirements like air brake testing and crew changes.

Blocked crossings pose potential safety risks, specifically in locations where trains routinely hinder roadway and pedestrian movement for extended periods. Frustrated drivers may attempt to clear the crossing before a train arrives. Likewise, pedestrians may be tempted to crawl between stopped railcars. Further, blocked crossings make people late for work, school, and appointments, and contribute to roadway congestion.

The new FRA Blocked Crossing webpage, www.fra.dot.gov/blockedcrossings, requests specific information from users reporting blocked crossings— including date, time, location, and duration.

Statutory authority for Railroad Regulation is outlined in Title 56, Chapter 13, of the Code of Virginia. Use the RR Blocked Crossing/Incident Report (Adobe PDF) form to provide the information required to initiate an investigation.

The only legitimate authority to regulate blocked crossings is the federal government. Multiple times in the past the Federal Railroad Administration (FRA) has been requested to begin the rule-making process to determine effective measures to regulate blocked crossings.  Federal Railroad Safety Authorization Act of 1994 (FRSA), 49 U.S.C. § 20101 et seq. (2000), is the main source of the railroad industry’s contention that state and local laws are not enforceable.

Here is the Virginia code that Sheriff Butler referenced:

§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track.
It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than $100 nor more than $500; provided that the fine may be $100 for each minute beyond the permitted time but the total fine shall not exceed $500.

This section shall not apply when the train is stopped due to breakdown, mechanical failure or emergency.

Click the links below for information on how to contact your representatives:

Congressman Ben Cline

Senator Mark Warner

Senator Tim Kaine