HB348 Alabama 2024 Session

Summary

Primary Sponsor

Danny GarrettRepresentative

Republican

Session

Regular Session 2024

Title

Emergency services; railroad crossings, prohibitions on the blocking of crossing under certain conditions

Summary

HB348 would make trains that block a railroad-highway crossing for two or more hours a public nuisance and require cutting, separating, or moving the train to clear the crossing when an authorized emergency vehicle approaches.

What This Bill Does

If passed, the bill would require trains blocking a crossing for two or more consecutive hours to be cut, separated, or moved to allow emergency vehicles to pass. It authorizes courts to order this action and assigns the rail carrier the costs, including a civil penalty of $7,500 per hour blocked, capped at $75,000 per day. It also allows state or local authorities to seek abatement of the nuisance and provides exceptions for mechanical failures or federal law requirements.

Who It Affects

• Rail carriers (railroad companies) would face court orders to move trains and be liable for penalties and costs.
• Emergency services and the public relying on crossings would benefit from faster clearance of blocked crossings.
• State and local government entities (including the Attorney General or local governing bodies) could file emergency petitions to abate the nuisance and seek penalties, with prevailing parties receiving attorney fees and costs.

Key Provisions

• Two or more consecutive hours of crossing blockage constitute a public nuisance and may be abated by court order to clear the crossing for approaching emergency vehicles.
• A court may order cutting, separating, or moving the train to allow passage by an authorized emergency vehicle.
• Rail carriers must pay a civil penalty of $7,500 for each hour the crossing is blocked, up to $75,000 per day.
• Exceptions apply when blockage is due to mechanical failure, derailment, or other events outside the carrier’s control, or when trains are stopped as required by federal law.
• Courts may abate the nuisance and award reasonable attorney fees and costs to the prevailing party.
• The Attorney General or local authorities may file emergency petitions to seek abatement.
• The act becomes effective October 1, 2024.

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

Subjects

Motor Vehicles & Traffic