What This Bill Does
This bill limits how long railroad carriers can block public roads where they cross train tracks. Railroad companies cannot block these crossings for more than 10 minutes unless specific exceptions apply, such as accidents, safety issues or derailments. The bill also requires railroads to report blocked crossings and publish information about where people can report blocking incidents.
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Who It Affects
- Railroad carriers (freight and passenger rail companies)
- Residents and drivers waiting at blocked highway-rail crossings
- Local emergency services
- The Secretary of Transportation (enforces the rules)
- Class I railroad carriers (large freight railroads)
- Communities with frequently blocked crossings
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Key Provisions
- Railroads cannot cause blocked crossings lasting longer than 10 minutes, with limited exceptions for accidents, injuries, track obstructions, safety compliance and derailments (Sec. 2)
- When a crossing has 3 or more blocking incidents exceeding 10 minutes on at least 3 different days within 30 days, the Secretary must investigate the causes and possible solutions (Sec. 2)
- Railroads must keep detailed records of blocked crossings and their causes after receiving notice from the Secretary, including train length and duration of each blocking (Sec. 2)
- The Secretary can issue civil penalties to railroads that violate the 10-minute limit, 60 days after sending notice, unless an alternate route exists within half a mile or a grade separation project (a bridge or underpass) is planned (Sec. 2)
- Class I railroads must publish a link on their websites to a national blocked crossing database where people can report incidents (Sec. 3)
- Railroads must establish a point of contact to receive reports of blocked crossings and enter verified reports into the national database within 14 days (Sec. 4)
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What Changes
If this law passes, railroads will face rules they must follow when blocking highway-rail crossings. Crossings that repeatedly block traffic will be investigated. Railroads must keep records of blocked crossings and answer to the Secretary of Transportation. People will have a public database and direct railroad phone numbers to report blocking incidents. Railroads that violate the 10-minute limit can be fined, unless specific exemptions apply.
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Important Definitions
- **Blocked crossing incident:** A train, locomotive, rail car or other rail equipment stopped in a way that blocks travel at a public road-rail crossing (Sec. 2)
- **Public highway-rail grade crossing:** A location where a public highway, road or street, including sidewalks and pathways, crosses one or more railroad tracks at the same level (Sec. 2)
- **Blocked crossing database:** The national database established to collect reports of blocked crossings (Sec. 2)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1347
To amend title 49, United States Code, to limit railroad carriers from blocking
railway-highway crossings, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 2023
Ms. GARCIA of Texas (for herself, Mr. PAYNE, Mrs. NAPOLITANO, Ms. SE-
WELL, and Ms. KAPTUR) introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to limit railroad
carriers from blocking railway-highway crossings, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Don’t BLock Our
4
Communities Act’’ or the ‘‘D-BLOC Act’’.
5
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•HR 1347 IH
SEC. 2. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR
1
BLOCKING PUBLIC HIGHWAY-RAIL GRADE
2
CROSSINGS.
3
(a) IN GENERAL.—Subchapter II of chapter 201 of
4
title 49, United States Code, as amended by this division,
5
is further amended by adding at the end the following:
6
‘‘§ 20172. Time limit for blocking public highway-rail
7
grade crossing
8
‘‘(a) TIME LIMIT.—A railroad carrier may not cause
9
a blocked crossing incident that is longer than 10 minutes
10
in duration, unless the blocked crossing incident is caused
11
by—
12
‘‘(1) a casualty or serious injury;
13
‘‘(2) an accident;
14
‘‘(3) a track obstruction;
15
‘‘(4) actions necessary to comply with Federal
16
rail safety laws, regulations, or orders issued there-
17
under unless the action to comply could reasonably
18
occur at a different time or location;
19
‘‘(5) actions necessary to adhere to section
20
24308;
21
‘‘(6) a train fully contained within rail yard lim-
22
its or fully contained in a rail siding;
23
‘‘(7) an act of God; or
24
‘‘(8) a derailment or a safety appliance equip-
25
ment failure that prevents the train from advancing.
26
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•HR 1347 IH
‘‘(b) INVESTIGATION
OF FREQUENTLY BLOCKED
1
CROSSINGS.—For any public highway-rail grade crossing
2
that has had 3 or more blocked crossing incidents that
3
exceed the time limit set forth in subsection (a) and are
4
reported to the blocked crossing database, and such inci-
5
dents have occurred on at least 3 calendar days within
6
a 30-day period, the Secretary shall—
7
‘‘(1) provide an electronic notice of the number
8
of reported blocked crossing incidents to the railroad
9
carrier that owns the public highway-rail grade
10
crossing;
11
‘‘(2) investigate the causes of the blocked cross-
12
ing incidents; and
13
‘‘(3) investigate possible measures to reduce the
14
frequency and duration of blocked crossing incidents
15
at such grade crossing.
16
‘‘(c) RECORDKEEPING.—
17
‘‘(1) IN
GENERAL.—A railroad carrier shall,
18
upon receiving a notice under subsection (b), main-
19
tain train location data records for the public high-
20
way-rail grade crossing that was the subject of the
21
notice.
22
‘‘(2) CONTENTS OF RECORDS.—The train loca-
23
tion data records required under paragraph (1) shall
24
include—
25
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•HR 1347 IH
‘‘(A) a list of all blocked crossing incidents
1
at the public highway-rail grade crossing that is
2
the subject of the report exceeding 10 minutes;
3
‘‘(B) the cause of the blocked crossing inci-
4
dent (to the extent available);
5
‘‘(C) train length; and
6
‘‘(D) the estimated duration of each
7
blocked crossing incident.
8
‘‘(3) CONSULTATION.—Beginning on the date
9
on which a railroad carrier receives a notice under
10
subsection (b), the Secretary may consult with the
11
carrier for a period of 60 days to address concerns
12
with blocked crossing incidents at the public high-
13
way-rail grade crossing that is the subject of the no-
14
tice.
15
‘‘(4) EXPIRATION OF DATA COLLECTION.—The
16
requirement to maintain records under paragraph
17
(1) shall cease with respect to a public highway-rail
18
grade crossing noticed under subsection (b)(2) if
19
there are no reports submitted to the blocked cross-
20
ing database for blocked crossing incidents reported
21
to occur at such grade crossing during the previous
22
365 consecutive calendar days.
23
‘‘(d) CIVIL PENALTIES.—
24
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•HR 1347 IH
‘‘(1) IN GENERAL.—The Secretary may issue
1
civil penalties in accordance with section 21301 to
2
railroad carriers for violations of subsection (a) oc-
3
curring 60 days after the date of submission of a no-
4
tice under subsection (b).
5
‘‘(2) RELEASE OF RECORDS.—Upon the request
6
of, and under requirements set by, the Secretary,
7
railroad carriers shall provide the records main-
8
tained pursuant to subsection (c)(1) to the Adminis-
9
trator of the Federal Railroad Administration.
10
‘‘(3) ALTERNATE
ROUTE
EXEMPTION.—Civil
11
penalties may not be issued for violations of sub-
12
section (a) that occur at a public highway-rail grade
13
crossing if no alternate route created by a public
14
highway-rail grade separation exists within a half
15
mile by road of such public highway-rail grade cross-
16
ing.
17
‘‘(4) GRADE SEPARATION PROJECT.—Civil pen-
18
alties may not be issued for violations of subsection
19
(a) if the violation occurs at a public highway-rail
20
grade crossing for which there is a proposed grade
21
separation project—
22
‘‘(A) that has received written agreement
23
from the relevant local authorities; and
24
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•HR 1347 IH
‘‘(B) for which rail carrier and project
1
funding from all parties has been budgeted.
2
‘‘(5) CONSIDERATIONS.—In determining civil
3
penalties under this section, the Secretary shall con-
4
sider increased penalties in a case in which a pattern
5
of the blocked crossing incidents continue to cause
6
delays to State or local emergency services.
7
‘‘(e) APPLICATION
TO AMTRAK
AND COMMUTER
8
RAILROADS.—This section shall not apply to Amtrak or
9
commuter authorities, including Amtrak and commuter
10
authorities’ operations run or dispatched by a Class I rail-
11
road.
12
‘‘(f) DEFINITIONS.—In this section:
13
‘‘(1) BLOCKED
CROSSING
DATABASE.—The
14
term ‘blocked crossing database’ means the national
15
blocked crossing database established under section
16
20173.
17
‘‘(2) BLOCKED CROSSING INCIDENT.—The term
18
‘blocked crossing incident’ means a circumstance in
19
which a train, locomotive, rail car, or other rail
20
equipment is stopped in a manner that obstructs
21
travel at a public highway-rail grade crossing.
22
‘‘(3) PUBLIC
HIGHWAY-RAIL
GRADE
CROSS-
23
ING.—The term ‘public highway-rail grade crossing’
24
means a location within a State in which a public
25
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•HR 1347 IH
highway, road, or street, including associated side-
1
walks and pathways, crosses 1 or more railroad
2
tracks at grade.’’.
3
(b) CLERICAL AMENDMENT.—The analysis for sub-
4
chapter II of chapter 201 of title 49, United States Code,
5
is further amended by adding at the end the following new
6
item:
7
‘‘20172. Time limit for blocking public highway-rail grade crossing.’’.
SEC. 3. BLOCKED CROSSING PORTAL.
8
(a) BLOCKED CROSSING PORTAL.—Section 22404 of
9
the Infrastructure Investment and Jobs Act (49 U.S.C.
10
22907 note) is amended—
11
(1) in subsection (a) by striking ‘‘3-year’’;
12
(2) by striking subsection (h);
13
(3) by redesignating subsection (i) as subsection
14
(h); and
15
(4) by striking subsections (j) and (k) and in-
16
serting the following:
17
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
18
tion may be construed to invalidate any authority of the
19
Secretary with respect to blocked highway-rail grade
20
crossings.’’.
21
(b) PUBLICATION OF BLOCKED CROSSING INFORMA-
22
TION.—Not later than 60 days after the date of enactment
23
of the D-BLOC Act, each Class I railroad carrier shall
24
publish on the home page of the publicly-available website
25
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•HR 1347 IH
of the railroad carrier an active link to the blocked cross-
1
ing portal required by section 22404 of the Infrastructure
2
Investment and Jobs Act (49 U.S.C. 22907 note).
3
SEC. 4. RAILROAD POINT OF CONTACT FOR BLOCKED
4
CROSSING MATTERS.
5
Section 20152 of title 49, United States Code, is
6
amended—
7
(1) in subsection (a)—
8
(A) in paragraph (1)—
9
(i) in subparagraph (C) by striking
10
‘‘or’’ at the end;
11
(ii) by redesignating subparagraph
12
(D) as subparagraph (E); and
13
(iii) by inserting the following after
14
subparagraph (C):
15
‘‘(D) blocked crossing incident, as defined
16
in section 20172; or’’;
17
(B) in paragraph (4)—
18
(i) by striking ‘‘paragraph (1)(C) or
19
(D)’’ and inserting ‘‘subparagraph (C),
20
(D), or (E) of paragraph (1)’’; and
21
(ii) by striking ‘‘and’’ at the end;
22
(C) in paragraph (5) by striking the period
23
at the end and inserting a semicolon; and
24
(D) by adding at the end the following:
25
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•HR 1347 IH
‘‘(6) upon receiving a report of a blocked cross-
1
ing pursuant to paragraph (1)(D), the railroad car-
2
rier shall, within 14 days of receipt of the report—
3
‘‘(A) verify that the public highway-rail
4
grade crossing, as defined in section 20172, was
5
blocked for a period of at least 10 minutes; and
6
‘‘(B) upon positive verification of the re-
7
port, enter the report into the national blocked
8
crossings database established in section 20173;
9
and
10
‘‘(7) promptly inform the Secretary of any up-
11
date to the number maintained under paragraph
12
(1).’’; and
13
(2) by adding at the end the following:
14
‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The
15
Secretary shall make any telephone number established
16
under subsection (a) publicly available on the website of
17
the Department of Transportation.’’.
18
Æ
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