HomeMy WebLinkAboutIR 10194 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10194
To the Mayor and Members of the City Council October 30, 2018
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s SUBJECT: FEDERAL PREEMPTION REGARDING THE REGULATION OF
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1875 RAILROADS AND TRAINS
The purpose of this report is to provide information concerning the City's ability to address trains
blocking intersections within the city limits.
Federal Law
The United States Congress has enacted two laws that specifically address the ability of cities and
states to regulate trains and railroads — The Interstate Commerce Commission Termination Act of
1995 (ICCTA) and The Federal Railroad Safety Act (FRSA). These acts appear to express the
intent of Congress to preempt state law in the regulation of trains and railroads.
The ICCTA, which became effective on January 1 , 1996, contains a provision that states, "Except
as otherwise provided in this part, the remedies provided under this part with respect to regulation
of rail transportation are exclusive and preempt the remedies provided under Federal or State
law."
The FRSA, adopted by Congress in 1970 gives the Secretary of Transportation the power to
"prescribe regulations and issue orders for every area of railroad safety" and also includes an
preemption provision that allows state regulation related to railroad safety only if:
1. The Secretary of Transportation has not yet regulated the subject matter of the state
regulation, or
2. The regulation is necessary to eliminate an essentially local hazard, does not conflict with
federal law, and does not unreasonably burden interstate commerce.
State Law
Prior to 2015, Texas had an Anti-Blocking Statute that made it a Class C misdemeanor for trains to
block roadways. Initially the law prohibited railroads willfully allowing a standing train to obstruct a
crossing for more than five minutes. The Texas Legislature amended Sec. 471.007 of the
Transportation Code in 1999 to provide that "a railway company commits an offense if a train of
the railway company obstructs for more than 10 minutes a street, railroad crossing, or public
highway." The amended statute also provided a defense to prosecution if the obstruction was due
to an act of God or breakdown of the train.
The Texas Anti-Blocking Statute was challenged in federal court, and in 2001 the Fifth Circuit
Court of Appeals held that the statute was preempted under the ITCA because regulating the time
a train can occupy rail crossings impacts the economic regulation of railroads, an area of
regulation expressly preempted by Federal law. The Anti-Blocking statute was repealed by the
State Legislature in 2015.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10194
To the Mayor and Members of the City Council October 30, 2018
AAMr
JA.
4 Page 2 of 2
s SUBJECT: FEDERAL PREEMPTION REGARDING THE REGULATION OF
1g2Frs f
1875 RAILROADS AND TRAINS
In 2005, the Texas Attorney General issued an opinion finding that the Anti-Blocking Statute was
preempted by both the ICCTA and FRSA. The AG opinion did acknowledge the possibility that a
statute could be crafted so that it would not be preempted if it was narrowly tailored to only
address instances when the obstruction from the train interferes with state and local law
enforcement or emergency response.
City Ordinance
Since 1964 the City has had an ordinance prohibiting an officer/agent of a railway corporation from
"willfully obstructing" a street. The City's ordinance was structured after the now repealed state
law. Citations issued under this ordinance would be subject to the same preemption arguments
successfully made against the state statute, therefore substantially limiting the ability of law
enforcement to address the blocking of streets by train by issuing criminal citations.
Conclusion
Federal law has severely limited the ability of cities to enforce and prosecute citations regarding
trains obstructing or blocking a street. In order to successfully prosecute a citation City officials
would have to identify the essentially local hazard and demonstrate why the hazard is beyond the
normal inconvenience of traffic being blocked.
If you have any questions or would like additional information regarding this issue, please contact
Gerald Pruitt, Law at (817) 392-7616.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS