Connect with us

Local News

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

Published

on

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.

Who can impose a law regulating how long a train is allowed to block a railroad crossing?

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

Front Royal, VA
81°
Sunny
7:09 am6:54 pm EDT
Feels like: 82°F
Wind: 5mph S
Humidity: 57%
Pressure: 29.98"Hg
UV index: 5
SatSunMon
66°F / 57°F
63°F / 55°F
73°F / 43°F
National News47 minutes ago

US Senate Leaves Nation’s Capital in Advance of Midterms With Much Still Undone

Business Growth Series2 hours ago

Business Growth Series: If You Don’t Control Your Day, It Controls Your Business

Business19 hours ago

The End of a 20-Year Monopoly on the Credit Score

Historically Speaking19 hours ago

Voltron and Immigration

State News19 hours ago

States OK Solar Panels for Balconies. Safety Guidelines Haven’t Caught Up

National News19 hours ago

Trump TV Ads Paid for with $20M in Homeland Security Funds, Dems Find

Local News21 hours ago

Blue Ridge Wildlife Center Patient of the Week: Gray Treefrog

Interesting Things to Know23 hours ago

Birthday Twins: See Which Famous Face Shares Your Big Day

Community Events23 hours ago

Meet-and-Greet Set Sunday for Republican-Endorsed Front Royal Candidates

Obituaries2 days ago

Barbara Ann Mathews Smelser (1943 – 2026)

Obituaries2 days ago

Kathleen Frances Elar (1956 – 2026)

Community Events2 days ago

Happy Creek Crossing to Hold Vendor Interest Meeting Oct. 8 in Front Royal

Start Your Day With A Smile2 days ago

If the Car Name Fits, Drive It

Local News2 days ago

Front Royal Begins Smoke Testing Sewer System; Residents May See Smoke Around Homes

National News2 days ago

Trump Orders Federal Agencies to Replace ‘Artificial Intelligence’ With ‘Super Intelligence’

Local News2 days ago

Town-Wide Weed Spraying Underway in Front Royal Through Oct. 6

Local News2 days ago

Southbound I-81 Lane Closure Near Strasburg Expected to Cause Significant Weekend Delays

State News2 days ago

Virginia Democrats Warn More Healthcare Strains Loom After November Election

State News2 days ago

Legislation to Force Virginia Traffic Camera Fine Payments Will Make ‘Nightmarish’ Court Workloads

National News2 days ago

CDC’s Latest Youth Behavior Report Offers a Narrower Look at Teen Health

National News2 days ago

News Organizations Banned from White House Accuse Trump of First Amendment Violation

State News2 days ago

Virginia Education Board Approves New Rules for Local Student Assessments

State News2 days ago

FCC Halts Automatic Approval of Verizon Plan to End Legacy Landline Service in Virginia

Agriculture2 days ago

Women in Agriculture Continue to Face Barriers as Their Role Grows

Community Events3 days ago

This Week’s Showtimes at Royal Cinemas as of October 1st