Jameson Rice is an Associate in the
Jacksonville office and in the
Tampa office
Many states and municipalities have (or used to have) laws that
limit the amount of time a railroad may block a traffic
intersection. Time and again, courts have determined that these
laws are preempted by either the Interstate Commerce Commission
Termination Act (ICCTA), the Federal Railroad Safety Act (FRSA), or
both. Every court considering ICCTA preemption has found the
blocked crossing law was preempted, or has been overturned for
failing to find ICCTA preemption. See People v.
Burlington N. Santa Fe R.R., 148 Cal. Rptr. 3d 243, 255 (Cal.
App. 1st Dist. 2012); see also Eagle Marine
Industries, Inc. v. Union P. R. Co., 845 N.E.2d 869, 872 (Ill.
App. 5th Dist. 2006), rev'd, 882 N.E.2d 522 (Ill. 2008). Every
court but one considering FRSA preemption has found the blocked
crossing law was preempted. That one outlier court (an Ohio state
appeals court) has not been followed even
