Railroad Crossing Rule Still Being Considered

While the notion that trucks should not stop on a railroad track seems to make a lot of sense, federal regulars have yet to finalize a proposed federal railroad grade crossing rule that they say would save lives.

For 18 years, federal regulators have been grappling with a Congressional mandate to issue a rule prohibiting trucks from proceeding through railroad crossings unless there is adequate space on the other side to avoid getting trapped on the tracks and risk getting slammed by a train.

Now, the latest installment — a January 2011 proposed joint rule of the Pipeline and Hazardous Materials Safety Administration and the Federal Motor Carrier Safety Administration — appears to be languishing.

The last attempt to issue a so-called “clear storage space” rule was withdrawn by the two agencies in 2006.



The essence of the new rule is straight-forward: “A driver of a commercial motor vehicle shall not drive onto a railroad grade crossing without having sufficient space to drive completely through the crossing without stopping,” the proposed rule said.

But based on the historical record, mustering the bureaucratic will to put such a rule into effect has been extremely challenging.

While nearly all of the stakeholders affected by the proposal have said they generally support the idea, nearly everyone has voiced concerns with the proposed rule.