Burlington Northern Santa Fe is challenging a roughly century-old state law that puts limits on how long trains can block crossings.
The case stems from a blockage of two crossings near Bazaar in Chase County in 2016. At the time, the Sheriff’s Office cited the railroad, saying it parked a train on a siding for four hours — blocking access to several farms in the process. BNSF, meanwhile, says the blockage didn’t last that long and the state can’t tell the railroad company how to manage its affairs, saying that power rests with the federal government.
The Kansas Court of Appeals heard arguments in the case last week. Current state law says railroads can block crossings for 10 minutes at a time before the train either has to be moved or uncoupled so traffic can go through the crossing. However, federal regulations put a minimum of 30 minutes — and as much as 90 — to reconnect a train and run necessary safety checks before an uncoupled train can reconnect and continue on its way.
In the Chase County case, authorities and Kansas Solicitor General Kristafer Ailsleger said emergency vehicles couldn’t get through during the blockage.
There’s no definite timetable for a ruling, but the Court of Appeals should issue its opinion in the next few months.
