The Kansas Court of Appeals has reversed a district court decision saying Burlington Northern Santa Fe cannot have a train block a crossing for a certain period of time. As a result, the future of the state law underpinning the case against the railroad is in question.
Chase County took legal action against the railroad following an incident near Bazaar in 2016 after the county said Burlington Northern parked a train on a siding for around four hours — well above the 10 minutes allowed by state law before trains have to be moved or uncoupled. Chase County said the blockage affected access to nearby farms and was a hindrance for emergency crews.
Burlington Northern appealed Chase County’s decision in September, saying the presence of the federal Interstate Commerce Commission Termination Act supersedes state law in cases like this, the Federal Railroad Safety Act — which actually says it can take up to 90 minutes to uncouple and then reconnect a train — preempts state law and there was not sufficient evidence for a conviction.
The Court of Appeals sided with the railroad on the first point, saying the Interstate Commerce Commission Termination Act overrules state law in these kinds of cases and the ruling should be reversed on that point alone. The Court of Appeals did not address the other appeals points brought up by the railroad.
Related: BNSF challenges state law after Chase County ruling
