HB122 Alabama 2022 Session

Summary

Primary Sponsor

Danny GarrettRepresentative

Republican

Session

Regular Session 2022

Title

Railroads, prohibitions on blocking of emergency vehicles at grade crossings, provided

Summary

HB122 would require trains blocking a railroad-highway crossing to be moved to clear the crossing after two hours, with penalties and enforcement to protect emergency responders.

What This Bill Does

If a train stops and blocks a crossing for two or more continuous hours (with limited exceptions), it must be cut, separated, or moved to clear the crossing when an authorized emergency vehicle approaches. The blocked crossing is treated as a public nuisance, and the rail carrier must pay a civil penalty of $5,000 for each hour of blockage, up to $50,000 per day. Law enforcement can order the train to move and the rail carrier must cover all enforcement costs; the Attorney General or local government can seek a court order to abate the nuisance, and the prevailing party can receive attorney fees and costs. The act becomes effective on the first day of the third month after passage.

Who It Affects

• Rail carriers/train operators: must move trains blocking crossings after two hours, otherwise face penalties, costs, and potential court orders.
• Emergency services and nearby residents: will benefit from quicker crossing clearance during emergencies, enabling faster response times.
• Local governments and the Attorney General: can file emergency petitions to abate the nuisance and obtain court orders, with costs and attorney fees provisions.

Key Provisions

• Exceptions to blocking prohibition for trains stopped due to mechanical failure, derailment, or other events outside the carrier's control where separation or movement is not possible, and for trains blocked as required by federal law.
• Two-hour continuous blockage triggers the requirement to cut, separate, or move the train to clear the crossing upon approach of an authorized emergency vehicle.
• Blocking for two or more continuous hours is a public nuisance; civil penalty of $5,000 per hour, capped at $50,000 per day; costs taxed to the rail carrier.
• Law enforcement may order the train to be cut, moved, or separated; the operator bears all costs arising from enforcement.
• The Attorney General or local government may file an emergency petition to abate the nuisance; the court may order clearance and award attorney fees and costs to the prevailing party.
• Effective date: the act takes effect on the first day of the third month after it becomes law.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Railroads