A lot has happened since the last post on this issue. Many folks out there, who follow me on social media, have been getting live updates, but so much has happened since the last post, I thought it was time for a thorough update.
As you’ll remember from the previous post, over the last few months I’ve met with management teams from CSX. I implored them to find ways to reverse their recent decisions to increase the traffic on their lines that results in more time our major arteries are blocked, especially since these decisions have also resulted in a huge spike in the number of incidents where the trains actually stop on the tracks for literally hours at a time.
In those meetings, one at their office and one in the office of Congressman Carson, they expressed little interest in changing course. Saying only that they’re sorry to be an inconvenience but they’re in the business to make money.
Since then, I’ve had additional meetings and conversations with Mayor Hogsett’s executive team and Sheriff Layton. From there, several other meetings have been had on this issue. Additionally, we’ve realized this is not a unique occurrence to our Great City. Nationwide and across Indiana, there are complaints of similar blockages. Again to note, this impacts us a great deal more in Indy, not named the Crossroads of America for nothing, and because Indiana ranks 5th worst in the nation for At Grade Crossings.
We’ve learned that the State of Indiana is involved in a law suit to hold another rail company, Norfolk Southern, accountable for blocking the roadways. The trial courts ruled in favor of Norfolk saying that Federal law governs the trains and federal law does not mention an amount of time the trains can block the roads. But, the State appealed to the IN Court of Appeals. The panel of judges there unanimously agreed to overturn that decision saying the silence of federal law on the issue of how long a train can block a thoroughfare cannot be interpreted to mean Congress meant for the rail companies to be able to block the roads for an infinite amount of time. Big round of applause for the IN CoA. Norfolk Southern, has appealed that decision to the Indiana Supreme Court and they have agreed and will hear it on May 17. You can read the Appeals Court decision here:
Additionally, Congressman Carson, who is a member of the Congressional Transportation & Infrastructure, has asked the committee to hold a formal hearing on the issue and has formally asked the body that governs rail lines to also conduct an investigation into the blockages. Thank you, Congressman Carson!
Also happening, with great thanks to Sheriff Layton and his leadership team, Marion Co Prosecutor Terry Curry and his leadership team, Mayor Hogsett and the city Legal Team, IMPD, and police depts. from Lawrence, Speedway and Beech Grove, met on Thursday April 19. Here is what was discussed and agreed upon by all agencies.
- Existing state code prohibiting a train blocking a roadway is an active pending case to be heard by the state supreme court on May 17th. Local court ruled that the law was not enforceable, upon appeal it was reversed holding law enforcement can take action and now we are before the state supreme court on the 17th. Train corporations will fight this matter to the very end. Corporation Counsel is actively engaged in this pending case and arguing the impact to Marion County is a public safety matter due to the impediments caused when a train stops for hours at a time. We are all confident if the Supreme Court rules in our favor the matter will be brought before the federal court.
- City ordinance on this same matter is not enforceable in the opinion of corporation counsel because the ordinance is too closely related to the state law and existing case law from previous ordinances exercising the same similarity have been thrown out so any enforcement action in this county will be under state law and not local ordinance.
- The MCPO will process and prosecute any UTT issued by law enforcement to a train corporation for blocking a roadway. In accord with the state law we cannot issue a citation to the train engineer/conductor. The law specifically directs enforcement to the corporation overseeing the train that is blocking a roadway. Moreover under state law a train is a not considered a motor vehicle under definition so a train engineer/conduct is not obligated to produce a driver’s license because it is not required to operate a train. This all translates to law enforcement conducting an investigation as to what corporation is operating the train, obtaining that information and writing the UTT to the corporation.
- The 911 Center has created a specific runtype code in the CAD system to track complaints/incidents specific to trains blocking roadways. This will greatly increase our ability to support the public safety impediment argument when enforcement action is taken.
- The majority of cargo trains in Marion County are operated by CSX however there are occasionally other corporations operating trains on the tracks in this county.
- Chief Deputy Prosecutor and the Sheriff’s Dept agreed to start the process of requesting a meeting with CSX executives to meet with you, the Mayor and the Prosecutor to discuss and inform CSX of the negative ramifications trains blocking roadways are causing to the county.
- The next planned course of action is to have the CSX meeting. Corporation Counsel and the MCPO both agreed are strongest argument is public safety. In the interim enforcement action will be taken when possible for trains blocking roadways but as you know it’s not like writing a speeding ticket.
What this means for you. It means the City/County law enforcement will now begin to enforce the state law, with citations, the blockages of our streets. We as residents need to be vigilant and ready to report these occurrences so they can document and cite them.
When you encounter a train stopped on the tracks, once you’ve stopped your car, call police dispatch. Do not call 911. Do call 317-327-3811 or 311 from any cellular telephone, to report a train blockage.
I don’t know about you, but it seems over the last 2 weeks since things have been really moving on this issue, the blockages have appeared to lessen. It might be my imagination, but it sure seems that way to me. I have also noticed that the emails I'm getting have gone from 2 or 3 instances a day, to 2 or 3 a week.
This is all great news. I want to again thank all those public officials who have been working hard on this issue causing so many problems for our residents. Most especially Congressman Carson and his team, Sheriff Layton, Prosecutor Curry, Mayor Hogsett, and their leadership teams. This is why we elect you!