Moving again: Trussville legislator aims to stop unnecessary railroad crossing blockages

Rep. Danny Garrett, R-Trussville, knows that social media is just a small subset of a larger audience.

But when he filed House Bill 122 a few months ago that would prohibit trains from blocking Alabama railroad crossings, he knew that subset extended beyond social media, beyond the railroad tracks that often halt traffic over Pinchgut Creek in Trussville. His posts about the bill had the most reach of anything he’s done. Other state representatives called him to talk about the bill.

In late 2021, when a train blocked the downtown Trussville railroad crossing for 10 days, Garrett decided that would “inspire” the bill. He walked the tracks during that 10-day blockage, and he said the end of the train was only three or four train cars away from passing the crossing. It did not make sense to him.

“Every railroad I talked to was just embarrassed and acknowledged that was a totally avoidable and unacceptable event,” Garrett said.

The Alabama House of Representatives passed the bill March 1 with a 95-1 vote. At press time, the Alabama Senate had not taken a vote on the bill. If both the House and Senate pass the bill, it goes to Alabama Gov. Kay Ivey to sign into law. Specifically, the bill states that “except for trains stopped due to mechanical failure, derailment, or other unforeseeable events outside the control of the rail carrier, where separation or movement is not possible, and except for trains stopped as required by federal law, any train that has come to a complete stop and is blocking a railroad-highway grade crossing for two or more continuous hours shall be cut, separated, or moved to clear the crossing upon the approach of any authorized emergency vehicle.”

The bill calls for the rail carrier to pay a civil penalty of $5,000 for each hour the train blocks the crossing, provided the penalty does not exceed $50,000. The attorney general or governing body of a local county or city “may file an emergency petition with a court of competent jurisdiction to request the public nuisance to be abated. The court may grant the petition and order the train to be cut, separated, or moved to allow passage through the railroad-highway grade crossing by an approaching authorized emergency vehicle.”

“It was a statewide issue, which I didn’t really realize,” Garrett said. “A lot of the communities around the state support this bill.”

The Trussville City Council on March 8 approved a resolution supporting the bill. In part, the resolution states that “the citizens of Trussville have endured numerous train crossing blockages” and “urges the State Senate to pass the bill and Governor Kay Ivey to sign it into law.”

“The council issued a resolution supporting HB-122 and I’m thankful for Rep. Garrett for introducing the legislation,” said Trussville City Council member Ben Short. “Trussville has a number of subdivisions that are impacted by train blockages, which hinders our police and fire personnel. Addressing these stoppages will go a long way in ensuring that our citizens can get help when they need it.”

Garrett said when the COVID-19 pandemic negatively impacted industries, Norfolk Southern, like many places, lost some of its workforce. However, when things began to turn around, it could not get every position filled, so trains were loaded and sent down the tracks. The modeling was not adapted to the labor shortage. Garrett said Norfolk Southern now has Trussville “red-flagged” in its system, even holding trains 25 miles north of Trussville so as not to block crossings at subdivisions and downtown.

“There are challenges there,” Garrett said. “But all that to say the problems are not near as [bad as] they were.”

Norfolk Southern said in a December 2021 press release that it was rolling out a pilot incentive program for intermodal shipping partners that aims to drive market efficiencies, grow capacity at its international intermodal terminals, and advance sustainability goals.

Norfolk Southern developed the initiative while brainstorming with customers and truckers on ways to help unclog pandemic-related bottlenecks across the transportation supply-chain.

“Trucks leaving the terminal that were formerly empty now become loaded, productive miles for the truckers,” said D’Andrae Larry, group vice president of international marketing at Norfolk Southern. “The amount of truck time saved by gaining an immediate load versus leaving the terminal to find a load, the emissions reduction, the employee productivity gains are all wins for sustainability in the marketplace.”

In February, Norfolk Southern announced that it was offering starting bonuses of up to $5,000 for conductor trainees in priority locations — including Birmingham and Sheffield in Alabama — and $2,500 for other locations.

“Our conductors play a critical role in keeping the trains moving that transport the goods that power our nation’s economy,” said Norfolk Southern Director of Talent Acquisition Brad Dodd. “We are actively hiring people who want a high degree of responsibility, thrive in autonomy, and desire a sense of pride in the work they do. In return, they can expect great pay, best-in-class healthcare benefits, technical training, and professional growth opportunities.”

Garrett said recent discussions with rail carriers across Alabama have been productive.

“We believe this bill has some merit,” Garrett said, “because it goes at the safety angle.”