Eastern Railroad Discussion > DC's ban on Haz-Mat

When I first heard of the proposed DC ban on Haz-Mat shipments, I wrote it off as being more 9/11 sillyness, thinking it would not get very far. And to be honest, I stopped following the story.

Then last night the one of the local DC stations stated that DC had IMPOSED a 90 day (or something along those lines) ban.

Is CSX ignoring this ban? Or are they making any changes as a result?

I suspect this ban will not hold up in court. But then again the national news media has gotten focused on the problem. Several news shows, like the Lou Dobbs show, in the last week have talked of "gloom and doom on the nation's railways."

Its not that CSX is ignoring the DC municipality but CSX by law does not have to comply with local ordinances.
Railroads are onder sole control of Federal regulatory agencies.
By moving hazmat from the DC routing, it just moves the problem to other towns.
and by moving it off the railroad it would just add 3 trucks for every rail car banned.
I have one suggestion to the paranoid media in DC, If you don't like jobs, just outsource it.
Mexico is more than willing to get the jobs.

It won't last. Local municipalities have no authority to regulate interstate commerce.

The DC council is merely grandstanding for the cameras, and the attorney fees that the citizens of the city will be forced to pay for (one way or another) when this goes to court is a shame.

Regards,
Burlington John

Is a fine connected to this ban? If so, will CSX continue to run through D.C. and pay the fines? All the local laws concerning blocked crossings come with fines and (I believe) the railroads just pay the fines although those laws probably don't really apply either.
Here in Indianapolis we have a local ordinance requiring THROUGH hazardous materials to go around the city via I465. One local TV station did a story this week showing that the state police can not enforce this law but must call for county police to write the tickets. This law probably violates interstate commerce laws, also.
Big companies like CSX might just pay the fines considering them a minor annoyance while small operators (independent truckers) will probably pay the fines because they can't afford to fight it.
Isn't it time for some corporation like CSX to fight this in court?

STB and FRA have already said they'll move to have the DC Council ban set aside in court. My understanding is the Council hasn't certified the vote and published the ordinance. Once they publish, the Feds will move.

There's another thread about three down on a discussion at NPR among AAR, an engineer, a mayor, etc about the railroads' and the Fed's refusal to share haz-mat info with first responders, fire fighters, etc

How many freight trains pass through DC proper? W/ HazMat?

DO the trains in DC have a higher quantity of Hazmat cars?

What is the frequency of derailments in DC?

I think I need a Math-a-magician to come up with a risk formula. Considering population, qty of hazmat, derailments, cost of clean up, add your variable here...

I'm sure the RR's have some $ amount already figured.

Anyone else have a vision of ConRail II, should disaster strike?

A paltry 6 million tons of chemicals pass thru DC each year. There might be a reason to question the safety thing.

BigFour Wrote:
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> Is a fine connected to this ban? If so, will CSX
> continue to run through D.C. and pay the fines?

I doubt they would consider paying fines as that would impact their standing with the TSA/FRA/DOT as it relates to their certification as a hazmat carrier.

> All the local laws concerning blocked crossings
> come with fines and (I believe) the railroads just
> pay the fines although those laws probably don't
> really apply either.

Blocking crossings is different than banning hazmat transportation altogether.

> Here in Indianapolis we have a local ordinance
> requiring THROUGH hazardous materials to go around
> the city via I465. One local TV station did a
> story this week showing that the state police can
> not enforce this law but must call for county
> police to write the tickets. This law probably
> violates interstate commerce laws, also.

I don' think it violates the law, as specific routes for the transportation of hazmat through a municipality can be designated and carriers are required to abide by them. Again, hazmat transportation is not being banned altogether.

> Big companies like CSX might just pay the fines
> considering them a minor annoyance while small
> operators (independent truckers) will probably pay
> the fines because they can't afford to fight it.
> Isn't it time for some corporation like CSX to
> fight this in court?

Trucking companies and the Amercian Trucking Association are siding with the railroads on this one. If you are caught in violation of the law (not just hazmat regs like placards, driver certification but general traffic offenses like speeding, hours of service, etc) it is more than just paying a fine ... your certification to haul hazmat can be adversely impacted.

It will go to court, you can bet on it and DC will lose.

Regards,
Burlington John

TrackOne Wrote:
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> A paltry 6 million tons of chemicals pass thru DC
> each year. There might be a reason to question
> the safety thing.


Hell, DC politics create more than that each week in toxic dribble.

The legality of this sort of thing has been tested in court many times. Localities and states have no authority to enact laws that "burden" interstate commerce (which this ordinance certainly does). Does anyone remember ten years ago when the FRA pre-empted a Florida law giving localities the power to enact whistle bans? FRA has specific pre-emption authority from Congress.

At last month's Transportation Research Board annual meeting in Washington, one of the speakers made a joke about DC's desire to re-route hazmat through "more expendable" communities. General laughter ensued.

This is NOT the solution to this problem.