§66-190. Blocking vehicular traffic at railroad intersections –
570 words·~3 min read·
/ok/title-66-railroads/66-190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Limits – Exceptions - Penalties.
A. As it is immediately necessary for the safety and welfare of the people, no railcar shall be brought to rest in a position which blocks vehicular traffic at a railroad intersection with a public highway or street for longer than ten
(10)minutes.
B. Municipalities, county sheriffs and the Oklahoma Highway Patrol shall have the authority to issue a citation to any person or corporation that violates a provision of this section. Such person or corporation shall be subject to a fine of up to One Thousand Dollars ($1,000.00) for each violation. Seventy-five percent (75%)
of the collected fine shall be deposited to the credit of the general fund of the entity that issued the citation and the remaining twenty-five percent (25%) shall be credited to the Corporation Commission Revolving Fund established in Section 180.7 of Title 17 of the Oklahoma Statutes. A copy of the citation, along with any information regarding train identification, shall be sent to the Corporation Commission for enforcement of the penalty at a hearing before an administrative law judge of the Commission.
The violating entity or individual may appeal the administrative law judge's decision to the Commission en banc. The Commission shall annually deliver an electronic report detailing the number of violations, number of rulings, number of appeals and amount of fines assessed under this section. Commission reports shall be delivered to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma State Senate and the Governor. The Commission shall promulgate rules and procedures to effectuate the provisions of this section.
C. 1. Railroads or other persons, firms or corporations operating over tracks within the State of Oklahoma shall not block vehicle traffic at any railroad grade crossing for a period of time in excess of ten
(10)minutes except if the train is moving in a continuous forward or backward direction, or if the train is stopped for an emergency condition, including an accident, derailment, critical mechanical failure, track or bridge washout, storm, flood or other emergency situation.
2. A one-time exception of up to, but not exceeding, ten
(10)additional minutes shall be authorized under the following conditions:
a. when a train and its crew, operating under the rules
of the Federal Railroad Administration (FRA), are
unable to complete a switching maneuver while setting
out or picking up railcars within the ten
(10)minutes
as set forth in paragraph 1 of this subsection,
b. when a train is stopped to allow the passage of a
second train and the stopped train has exhausted the
ten
(10)minutes as set forth in paragraph 1 of this
subsection, or if the arrival of the second train is
imminent and separation and coupling of the stopped
train would result in further unnecessary blocking of
motor vehicle or pedestrian traffic, and
c. when a train is stopped for a red train signal.
3. When a train is cut or separated to prevent blocking of motor vehicle traffic at a public crossing, and a working charging station exists, the time required for recoupling a train and performing air tests as required by the FRA shall not be considered a violation of this section.
4. Every railroad shall be operated in such a manner as to minimize obstruction of emergency vehicles at public highway grade crossings. Added by Laws 2019, c. 439, § 1, eff. July 1, 2019.