Oklahoma § 66-190 - Blocking vehicular traffic at railroad intersections –

§ 66-190. Blocking vehicular traffic at railroad intersections –

Limits – Exceptions - Penalties.

A. As it is immediately necessary for the safety and welfare of

the people, no railcar shall be brought to rest in a position which

blocks vehicular traffic at a railroad intersection with a public

highway or street for longer than ten (10) minutes.

B. Municipalities, county sheriffs and the Oklahoma Highway

Patrol shall have the authority to issue a citation to any person or

corporation that violates a provision of this section. Such person

or corporation shall be subject to a fine of up to One Thousand

Dollars ($1,000.00) for each violation. Seventy-five percent (75%)

Oklahoma Statutes - Title 66. Railroads

of the collected fine shall be deposited to the credit of the

general fund of the entity that issued the citation and the

remaining twenty-five percent (25%) shall be credited to the

Corporation Commission Revolving Fund established in Section 180.7

of Title 17 of the Oklahoma Statutes. A copy of the citation, along

with any information regarding train identification, shall be sent

to the Corporation Commission for enforcement of the penalty at a

hearing before an administrative law judge of the Commission. The

violating entity or individual may appeal the administrative law

judge's decision to the Commission en banc. The Commission shall

annually deliver an electronic report detailing the number of

violations, number of rulings, number of appeals and amount of fines

assessed under this section. Commission reports shall be delivered

to the Speaker of the Oklahoma House of Representatives, the

President Pro Tempore of the Oklahoma State Senate and the Governor.

The Commission shall promulgate rules and procedures to effectuate

the provisions of this section.

C. 1. Railroads or other persons, firms or corporations

operating over tracks within the State of Oklahoma shall not block

vehicle traffic at any railroad grade crossing for a period of time

in excess of ten (10) minutes except if the train is moving in a

continuous forward or backward direction, or if the train is stopped

for an emergency condition, including an accident, derailment,

critical mechanical failure, track or bridge washout, storm, flood

or other emergency situation.

2. A one-time exception of up to, but not exceeding, ten (10)

additional minutes shall be authorized under the following

conditions:

a.

when a train and its crew, operating under the rules

of the Federal Railroad Administration (FRA), are

unable to complete a switching maneuver while setting

out or picking up railcars within the ten (10) minutes

as set forth in paragraph 1 of this subsection,

b.

when a train is stopped to allow the passage of a

second train and the stopped train has exhausted the

ten (10) minutes as set forth in paragraph 1 of this

subsection, or if the arrival of the second train is

imminent and separation and coupling of the stopped

train would result in further unnecessary blocking of

motor vehicle or pedestrian traffic, and

c.

when a train is stopped for a red train signal.

3. When a train is cut or separated to prevent blocking of

motor vehicle traffic at a public crossing, and a working charging

station exists, the time required for recoupling a train and

performing air tests as required by the FRA shall not be considered

a violation of this section.

Oklahoma Statutes - Title 66. Railroads

4. Every railroad shall be operated in such a manner as to

minimize obstruction of emergency vehicles at public highway grade

crossings.

Added by Laws 2019, c. 439, § 1, eff. July 1, 2019.