Trains Blocking Crossings 3

Blocked Crossings – Trains
On October 16, 2012, the First Appellate District Court in People v. Burlington Northern Santa Fe Railroad held that California Public Utilities Commission general order No. 135 – regulating the length of time a stopped railroad train may block public grade crossings – is preempted by federal law, specifically the Interstate Commerce Commission Termination Act (ICCTA; 49 U.S.C. § 10101 et seq.) As a result, neither the State nor City are permitted to enforce general order No. 135. Due to this development, the Blocked Crossing complaint form is inaccessible until such time as the federal Surface Transportation Board promulgates rules addressing the length of time a stopped railroad may block public grade crossings.