Western Railroad Discussion > The 10 minute crossing rule

I though most states set a 10 limit on trains blocking road crossings. Now Enderlin, ND wants to enforce one of their own.

http://news.yahoo.com/why-small-north-dakota-town-taking-big-rail-152603008.html?soc_src=mediacontentsharebuttons&soc_trk=ma

I hate it when a article is not well researched and passes on false information. The overpass is not "3 miles out of town". It's right at the edge of the small town. Map;

http://mapper.acme.com/?ll=46.62505,-97.59864&z=15&t=S&marker0=41.34826%2C-113.90501%2Clucin

Ted Curphey
Ontario, OR



Edited 1 time(s). Last edit at 11/25/14 21:19 by funnelfan.

What's a conductor to do? Break the crossing law and risk two days in jail, or break railroad orders and risk his job or a collision with another train? Brilliant law making on the part of this town. Notice that CP isn't messing with negotiating this. Their lawyers went straight to court because they know they'll win.

Courts have consistently held that no one but the Federal government can regulate interstate commerce with laws like this and speed limits through towns. I got a call one night when I was working as a special agent from a local sheriff's office. They complained Amtrak had 'failed to yield' to the sheriff's patrol car on a parallel road. I asked why they were trying to stop Amtrak and was told they were speeding.

I explained that the FRA and railroads set track speeds, local agencies have no jurisdictions. It was Amtrak #6 departing Denver one night, running at track speed - 79 mph in those days. They weren't happy but accepted the explanation.

James Nelson
Thornton, CO
www.flickr.com/mojaveflyer

If the police want to be dumb about crossings being blocked when a train has a mechanical issue, then the crew should take a page from book of the late Harold Peppers who was a Milwaukee Road engr out of Ottumwa, Iowa. One night in Clinton, Iowa his train went into emergency. The air wasn't coming back up and the Clinton PD showed up. Despite explanations, the cop wasn't having any of that. So, when Harold and the rest of the crew went to jail he took all the throttle and reverser levers with him. The relief crew from Savanna arrived and they couldn't move the train! Ha ha for the fuzz.

What is a '10 limit' anyway ?

mojaveflyer Wrote:
-------------------------------------------------------
> Courts have consistently held that no one but the
> Federal government can regulate interstate
> commerce with laws like this and speed limits
> through towns. I got a call one night when I was
> working as a special agent from a local sheriff's
> office. They complained Amtrak had 'failed to
> yield' to the sheriff's patrol car on a parallel
> road. I asked why they were trying to stop Amtrak
> and was told they were speeding.
>
> I explained that the FRA and railroads set track
> speeds, local agencies have no jurisdictions. It
> was Amtrak #6 departing Denver one night, running
> at track speed - 79 mph in those days. They
> weren't happy but accepted the explanation.


You have got to be kidding? They were trying to pull over Amtrak? Lol

Most citys would have built an over pass at one of there main road crossings in town at least but not this little berg. Oh well think if the RR moved out of town and they lost some jobs and other revenue due to it then the crying would begin. Love the Amtrak deal, wonder if that cop is still doing patrol duty or is now in charge of parking meters?

dcfbalcoS1 Wrote:
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> What is a '10 limit' anyway ? Read the headline for the story it says what it means.

BAB Wrote:
-------------------------------------------------------
> dcfbalcoS1 Wrote:
> --------------------------------------------------
> -----
> > What is a '10 limit' anyway ? Read the headline
> for the story it says what it means.


He knows what it means. He was questioning the way it was put, "10 limit" instead of "10" limit".

dcfbalcoS1 Wrote:
-------------------------------------------------------
> What is a '10 limit' anyway ?

The time a train can block a road crossing.

Here in Cincinnati, some municipalities have signs by crossing giving a phone number to call if crossings are blocked for more than 15 minutes. Ohio State law states 15 minutes is the maximum, but local government can, in some cases, trump the State law.

dcfbalcoS1 Wrote:
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> What is a '10 limit' anyway ?

Refer back to the title.
It seems the brain slipped on the snow and ice and left out a word.

Posted from Windows Phone OS 7

I'm sure the railroad does what it can to be a good neighbor. Nobody wants to intentionally block a fire truck or ambulance.

And, I'm sure CP, BNSF, etc know that they need local government permission for everything from a curb cut on a new siding, to zoning and land use approval for a new terminal, etc. In North Dakota, there are a thousand and one things a town or county can do to make life miserable. Or extremely pleasant.

I have told my conductor to get RED ZONE right before the POPO take him to jail LOL