[Congressional Record Volume 147, Number 81 (Tuesday, June 12, 2001)]
[Senate]
[Pages S6129-S6130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Durbin):
  S. 1015. A bill to require the Secretary of Transportation to issue 
regulations to address safety concerns and to minimize delays for 
motorists at railroad grade crossings; to the Committee on Commerce, 
Science, and Transportation.
  Mr. LEVIN. Mr. President, today I am pleased to introduce the 
Railroad Crossing Delay Reduction Act with Senator Stabenow and Senator 
Durbin. This legislation requires the Secretary of Transportation to 
issue regulations within one year to address the safety concerns that 
arise when trains block traffic at railroad crossings.
  Sixteen States and many more municipalities have passed statutes and 
ordinances limiting the amount of time a train is allowed to stop at 
and thus block a railroad grade crossing. There are specific safety 
reasons for limiting the time roadways can be blocked by trains. 
However, the U.S. District Court for the Eastern District of Michigan 
struck down a Michigan statute regulating the length of time that a 
train may block a roadway, opening up the safety issues that my bill 
will address. The ordinance in question prohibited trains from 
obstructing free passage of any street for longer than five minutes in 
order to minimize safety problems within communities.
  The court concluded that the ordinance was preempted by the Federal 
Railway Safety Act, FRSA. Unfortunately, there is no Federal regulation

[[Page S6130]]

addressing the length of time a train may block a grade crossing. That 
means the State of Michigan and all of its political subdivisions are 
now without the authority to provide this regulation and have no other 
remedy. They are urging the passage of Federal legislation to regulate 
the length of time a train may block a roadway in the interest of 
public health and safety. They are calling for Federal action to give 
them relief from the 45 minutes or more that trains are currently 
sitting in railway crossings and blocking their roadways.
  Believe it or not, trains actually stop in the middle of 
intersections for 45 minutes or longer at a time. I have been given 
examples of trains in Michigan that have sat for hours at crossings. 
You can imagine the ramifications of major intersections being 
completely blocked for so long.
  This nationwide problem is amplified in Southeast Michigan because of 
the number of rail lines in the region. For example, this lack of 
regulation is causing a lot of problems for some of the older 
municipalities in Michigan as train tracks literally cris-cross their 
cities. For instance, in Trenton, MI, there is an entire neighborhood 
that is bordered on one side by water on two sides by train tracks, 
forming a triangle. If two trains block the tracks at the same time, 
which has happened, the residents are literally trapped. Worse than the 
residents being trapped is the fact that ambulances, police and fire 
trucks are trapped out of town, or delayed in getting to their 
emergency destinations.
  Unless we take action and require the FRA to act, communities with 
rail crossings are vulnerable. The problems range from the problem of 
traffic congestion and delays to the literal inability of emergency 
vehicles to get in or out of a community. Many Michigan cities have 
railroad crossings at a number of important intersections that, when 
closed by trains, severely limits their ability to provide emergency 
service to its residents. Medical emergency crews in Michigan have 
specifically complained to me that they face the daily problem of 
trains blocking road traffic. They tell me this has the potential to 
put in jeopardy their patients best chance of recovery. As we all 
understand, time is of the essence in emergency situations.
  Trains blocking railroad crossings also pose a threat for pedestrians 
and children who may be tempted to crawl under or between rail cars 
during long waits in order get to or from school. Vehicles may also be 
tempted to speed around a train before it gets to the crossing in order 
to avoid long delays. Both situations unnecessarily put lives in 
danger.
  Michigan businesses have also complained to me that trains have 
blocked important roads for extensive periods of time during plant 
shift changes. This has resulted in unnecessary lost wages and lost 
production when employees cannot get to work.
  Dozens of Michigan's towns and cities have pleaded for Federal action 
to resolve this intolerable situation and have even passed resolutions 
in support of this legislation. They include: Charter Township of 
Huron, City of Lincoln Park, City of Plymouth, City of Riverview, City 
of Rockwood, City of Southgate, City of Trenton, City of Westland, to 
name only a few. Our community leaders believe it is essential to the 
public health, safety and welfare of the residents of their cities that 
blocked crossings be kept to a reasonable minimum, so that emergency 
vehicles may have ready access to their citizens.
  The legislation I am introducing today will give the Federal Railroad 
Administration the push it needs to enact much needed regulations to 
address this safety problem.
  My bill would simply require the Secretary of Transportation to issue 
regulations addressing these safety concerns. It is a reasonable 
approach with nothing controversial or complicated about it. 
Congressman Dingell has sponsored an identical bill in the House.
  We need to stop the delays and remove potentially dangerous 
situations by minimizing how long trains can stop at grade crossings. 
Its time to address this lingering safety concern and reduce the risk 
to motorists, pedestrians, and citizens at large. This is a very simple 
bill that aims to stop the abuse of trains unnecessarily blocking 
railroad crossings. It simply directs the FRA, the agency tasked with 
overseeing railroad safety, to take action in this area. I hope this 
legislation will be enacted quickly.
  The Railroad Crossing Delay Reduction Act has the support of local 
mayors, fire and police departments and emergency organizations. There 
is currently no Federal limit to how long trains can sit and block 
railroad crossings. This bill would require that one be instituted, in 
the name of the public's safety.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1015

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Railroad Crossing Delay 
     Reduction Act''.

     SEC. 2. REGULATIONS.

       Not later than one year after the date of enactment of this 
     Act, the Secretary of Transportation shall issue regulations 
     regarding trains that block traffic at railroad grade 
     crossings to address safety concerns and to minimize delays 
     encountered by motorists that are caused by such trains.

  Ms. STABENOW. Mr. President, I am proud to join my colleague from 
Michigan, Senator Levin, in introducing the ``Railroad Crossing Delay 
Reduction Act of 2001.''
  Trains needlessly blocking traffic at railroad grade crossings is a 
longstanding nationwide problem, that puts lives and property at grave 
risk. When trains unnecessarily block vital intersections, it can cost 
police, firefighters and emergency medical workers, critical minutes 
when responding to an emergency situation. They also increase train-
automobile accidents, because many motorists dangerously speed through 
railroad crossing intersections, in an attempt to avoid being delayed 
for an extended period by an oncoming train. Train blockage also 
prevents pedestrians, often young children on the way to and from 
neighborhood schools, from crossing a railroad intersection resulting 
in pedestrians climbing through trains to reach the other side.
  Across the country, there are reports that fire trucks, ambulances, 
and police vehicles have been unnecessarily delayed at train crossings. 
The loss of a few minutes in an emergency situation can mean the 
difference between life and death. A fire in a home or business can 
double in size every 20 seconds, and a person suffering from a heart 
attack can die after only six minutes without oxygen. In my home State 
of Michigan, fire and EMS units in Delta Township were blocked by a 
train for a few extra minutes as a boy burned to death on the other 
side of the railroad crossing.
  Last year, a Federal judge in Michigan struck down a State law 
limiting the amount of time a train can block a crossing on the grounds 
that it was a Federal issue and involved interstate commerce under the 
Commerce Clause of the U.S. Constitution. Over 30 communities in 
Michigan alone have passed resolutions asking for Congress to act on 
this important safety issue.
  The ``Railroad Crossing Delay Reduction Act of 2001'' addresses this 
important national problem by requiring the Department of 
Transportation to issue regulations to address these serious safety 
concerns with respect to trains blocking traffic at railroad grade 
crossings, and to minimize delays to automobile traffic resulting from 
these blockages. I urge my Senate colleagues to support this 
legislation and help address this critical railroad safety issue.
                                 ______