Stuck at a Railroad Crossing? How Long Can a Train Legally Block a Louisiana Road?

Anyone who travels LA 157 through the town of Haughton can testify to the fact that there are times when traffic in the area is literally backed up for miles as a train crosses those tracks.

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And while Haughton certainly has its share of train crossing complaints, there are plenty of other crossings that have certainly made their mark with drivers.

Airline Drive at the I-20 exit ramp is a great example. The tracks that cross Barksdale Boulevard near Benton Road in Bossier City is another candidate for discussion. Any of the crossings in the Blanchard area have made way more than their share of drivers late for work.

But, it's the crossing on Benton Road by the Bossier City Hall and Tubbs Hardware that really made some of the most noise.

The train crossing there got so bad that Bossier altered the course of the road to add an overpass over the tracks because complaints had gotten so bad.

With that in mind, one might wonder just how long a train can legally block a road in the state of Louisiana.

How Long Can A Train Legally Block A Louisiana Road?

If you examine Louisiana State Law, TITLE 48 — Roads, bridges, and ferries, RS 48:391 — Obstruction of railroad grade crossings, the law states:

§391. Obstruction of railroad grade crossings

A.(1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes, except when such train, railroad car or equipment, or engine is moving or when such movement is prevented by any of the following:

(a) A power brake failure or other mechanical failure.

(b) Enforcement of the Hours of Service Act.

(c) Derailment or other accident.

(d) A directive of the Federal Railway Administration.

(e) Circumstances over which the railroad company or carrier has no reasonable control, such as a natural disaster or acts of third parties.

What Are The "Exceptions" To Louisiana's Twenty Minute Law For Trains?

There you have it.  Twenty minutes is the longest a train can "legally" block the road, however there are a few exceptions including those times when the train is moving or its movement is prevented. 

Additionally, law.justia.com states that

 B.(1) Any railroad or public agency may, by formal application to the department, request a variance from the requirements of this Section or have different regulations provided in connection with operation over a specific crossing where local conditions so require. The application shall list any public agencies within the geographic area or any railroads which may be affected by the variance and shall detail any previous steps which may have been taken in an attempt to reach an agreement on or alternative to the proposed variance.

What Happens If A Train Exceeds Louisiana's 20-Minute Legal Limit?

We all know there are plenty of times when a train blocks the road for much longer than twenty minutes, so what happens then?

Continuing through the statute regarding the issue, we see there are actually escalating fines determined by the amount of time the intersection in question is being blocked.

(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as follows:

(a) If the duration of the obstruction is in excess of twenty minutes, but not longer than twenty-five minutes, the fine shall be not less than two hundred dollars nor more than five hundred dollars.

(b) If the duration of the obstruction is in excess of twenty-five minutes, but not longer than thirty minutes, the fine shall be five hundred dollars.

(c) If the duration of the obstruction is in excess of thirty minutes, but not longer than thirty-five minutes, the fine shall be seven hundred dollars.

(d) If the duration of the obstruction is in excess of thirty-five minutes, but not longer than forty minutes, the fine shall be nine hundred dollars.

(e) If the duration of the obstruction is in excess of forty minutes, but not longer than forty-five minutes, the fine shall be one thousand dollars.

(f) If the duration of the obstruction is in excess of forty-five minutes, the fine shall be one thousand dollars plus an additional five hundred dollars for each five minutes of obstruction in excess of forty-five minutes. However, the maximum fine shall not exceed five thousand dollars for an obstruction which occurs within a twenty-four hour period.

So, just know the next time you're stuck in a traffic jam caused by a train crossing the road, they're going as fast as they can to get out of the way, because the "fines meter" is running and every minute costs them money.