HB122 Alabama 2022 Session

This bill would provide that, except for trains stopped due to mechanical failure where separation or movement is not possible, and except for trains stopped as required by federal law, any train that has come to a complete stop and is blocking a railroad-highway grade crossing shall be cut, separated, or moved to clear the crossing upon the approach of any authorized emergency vehicle.

This bill would deem the operator of a train that blocks a railroad-highway grade crossing for two or more continuous hours to be a public nuisance and would levy a civil penalty of $5,000 for each additional hour the train blocks the railroad-highway grade crossing. The civil penalty would be limited to $50,000 per day.

This bill would also authorize a law enforcement officer to order the cutting, movement, or separation of a train that blocks a crossing in violation of this section, and would tax all costs to the operator of the train.

Relating to emergency services; to provide legislative findings; to provide prohibitions on the blocking of a railroad-highway grade crossing under certain conditions; and to provide a civil penalty for a violation.