Crossing blockages capped at 10 minutes

Summary#

The Don’t Block Our Communities Act (D-BLOC Act) would amend Title 49 of the U.S. Code and the Infrastructure Investment and Jobs Act. It would set a 10-minute limit on certain train blockages at public road-rail crossings, with exceptions; the bill’s stated goal is to limit blocked crossings. It is an introduced bill, not law.

  • Railroad carriers could not cause a crossing blockage lasting more than 10 minutes, except in listed situations such as an accident, track obstruction, certain safety-related actions, or a train stopped within a rail yard or siding.
  • If portal reports show at least three over-limit incidents at a crossing on at least three days within 30 days, the Transportation Secretary must notify the carrier and investigate the causes and possible ways to reduce the blockages.
  • After receiving that notice, the carrier must keep records for that crossing, including over-limit incidents, their causes if available, train length, and estimated duration.
  • The Secretary may impose civil penalties for violations that occur 60 days after the notice. Penalties are barred at crossings without an alternate grade-separated route within a half-mile by road, and where a qualifying grade-separation project has local written agreement and funding budgeted.
  • Class I railroads would have to link to the federal blocked-crossing portal from their home pages. Railroads would also have to verify certain crossing reports within 14 days and enter positively verified reports in the portal.

What it means for you#

  • People who use public roads, sidewalks, or pathways: The 10-minute limit would apply to blockages at public crossings, subject to the bill’s exceptions. Amtrak and commuter authorities are excluded, including their operations run or dispatched by a Class I railroad.
  • People reporting a blockage: For a report made under the existing railroad reporting system, the carrier would have to verify within 14 days whether the crossing was blocked for at least 10 minutes. If confirmed, it must enter the report in the federal portal.
  • Communities with repeated blockages: Once the portal-report threshold is met, the Secretary must investigate the causes and possible measures to reduce how often and how long blockages occur. The bill does not require a specific fix.
  • Railroad carriers: A carrier that receives notice must keep the specified records. The Secretary may consult with it for 60 days. Records must be supplied to the Federal Railroad Administration when the Secretary requests them and sets requirements.
  • Emergency services: When deciding civil penalties, the Secretary must consider increased penalties if a pattern of blockages continues to delay state or local emergency services.
  • The existing system: The bill identifies a federal blocked-crossing portal and an existing railroad reporting provision. The parent laws were not supplied, so their current requirements and how the reporting system works could not be verified.

Money#

No cost estimate is available in the supplied material.

  • The bill requires carrier recordkeeping and, for Class I railroads, a website link; it also requires federal notices and investigations. It gives no staffing or cost estimate and does not provide an appropriation.
  • Civil penalties may be imposed, but the bill does not state their dollar range; it refers to the existing penalty law.

What is unclear#

  • The bill does not give a general start date for the 10-minute limit. It does set a 60-day period after a crossing notice before violations can be penalized.
  • The bill does not set procedures, timelines, or standards for the Secretary’s investigations or specify what measures must follow.
  • It does not define how blockage duration is measured or explain how reports are checked beyond the carrier’s required verification.
  • It removes the words “3-year” from the portal law and changes several of its subsections, but the parent law was not supplied; the full effect on the portal’s existing requirements cannot be verified.
  • The bill does not explain how the new duties fit with other existing rules or who pays for any crossing improvements.

Case for#

  • A firm time limit could give carriers a clear standard for avoiding long blockages, while listed exceptions account for emergencies and some safety needs.
  • Requiring investigations after repeated portal reports could help identify recurring causes and possible ways to reduce delays.
  • Recordkeeping after notice could give the Secretary information about train length, duration, and causes when examining a persistent problem.
  • Linking railroad websites to the portal and verifying reports could make blocked-crossing information easier to find and improve the information available to the government.

Case against#

  • The bill sets a limit but does not require a particular remedy after an investigation, so recurring blockages might continue without a required fix.
  • Penalties are unavailable in two specified circumstances, including where no alternate grade-separated route is within a half-mile by road. That may limit enforcement at some crossings.
  • The bill requires new carrier records and federal investigations but gives no cost estimate, staffing plan, or funding.
  • The bill’s scope excludes Amtrak and commuter authorities, including certain operations run or dispatched by Class I railroads, so the same limit would not apply to all rail operations.