# The limitations of blocking a public street **URL:** \ **Category:** Factual Questions\ **Created:** [November 21, 2014, 1:54am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220 "2014-11-21T01:54:22Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [November 21, 2014, 1:54am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/1 "2014-11-21T01:54:22Z")
Often I will see a private construction companies blocking a road so a truck can move somewhere. This isn’t a road repair but rather from one lot to another. What if in the middle of this, the crew said, “It’s our union break” and take off for 20 minutes to have coffee and a smoke while the truck is in the middle of the road? Similarly (actual story), I’m less than 5 miles from home and a train is crossing the road - or rather sitting there. Wait 5 minutes and it rolls 30 feet to the right and sits there for at least 5 minutes. Then it rolls 30 feet to the left and sits there for at least 5 minutes. Then it rolls 30 feet to the right and sits there for at least 5 minutes. At that point I turn and drive around (10 miles to detour because I’m in freaking boondocks). Why would they be allowed to block the one main road through town like that? Remember the train was sitting there both before and after I got there. Isn’t there a point when blocking the road is illegal (I know MMMV based on jurisdiction) or can someone block the road as long as they want as long if they have a good reason? ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [November 21, 2014, 2:03am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/2 "2014-11-21T02:03:28Z")
When my kitchen cabinets were delivered, I got to watch the truck driver argue with one of my neighbors about his blocking the street. He argued that he had X amount of time (I think he said 20 minutes) to get everything unloaded and told her to call the police if she didn’t believe him. As for the train, I’m not sure what the law says, but remember that in most rural places in the U.S., the train tracks were there before the roads. ---
**Author:** ![johnpost](https://avatars.discourse-cdn.com/v4/letter/j/f17d59/32.png) [@johnpost](https://boards.straightdope.com/u/johnpost)\ **Post date:** [November 21, 2014, 2:55am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/3 "2014-11-21T02:55:27Z")
there are limitations for how long traffic and trains can block the use of a thoroughfare. laws at all levels will apply. cities have placed limits on street blockage. ---
**Author:** ![ZenBeam](https://avatars.discourse-cdn.com/v4/letter/z/3ab097/32.png) [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)\ **Post date:** [November 21, 2014, 3:10am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/4 "2014-11-21T03:10:40Z")
My understanding is that there is very little, if any, local control over trains blocking roads. This [USDOT site](https://ntl.custhelp.com/app/answers/detail/a_id/256/~/state-laws-on-trains-blocking-highway-crossings) says > [@](#): > > According to the Federal Railroad Administration (FRA), there are no federal regulations on how long a train can block a crossing, but most states do have such regulations. But then, [in Illinois at least](http://articles.chicagotribune.com/2008-01-26/news/0801250766_1_crossings-trains-wisconsin-central), > [@](#): > > The [State Supreme Court] ruled that the state law and similar local ordinances, such as those in Mundelein and other communities, can’t prevent trains from sitting at grade crossings for long periods because federal authority trumps such restrictions, even though there is no U.S. law limiting blockages. Here in Michigan as well, [according to MDOT (PDF)](http://www.michigan.gov/documents/mdot/MDOT-RailSafetyQA_332138_7.pdf), > [@](#): > > **Is there a limit to how long a train can block a roadway? > Answer:** > No. Restricting the amount of time a train can occupy a crossing is an infringement on interstate commerce. Only the Federal government can regulate interstate commerce, and no restrictions currently exist. [Missouri](http://www.modot.org/othertransportation/rail/faq.htm), however, claims a five minute limit for a non-moving train, so it’s not unanimous. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [November 21, 2014, 4:13am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/5 "2014-11-21T04:13:29Z")
Well, Minnesota **does** have a law restricting trains blocking roads to 10 minutes. State statute 219.383 says: > [@](#): > > No railway corporation shall permit a public road or street crossing a railroad track to be closed for traffic by a standing car, train, engine, or other railroad equipment, or by a switching movement which continuously blocks a crossing for longer than ten minutes. And large cities are allowed to pass ordinances that could be stricter than this. But in practice, I don’t think it is enforced much. How would you get a local policeman to write a ticket and give it to the locomotive engineer somewhere along the tracks? ---
**Author:** ![johnpost](https://avatars.discourse-cdn.com/v4/letter/j/f17d59/32.png) [@johnpost](https://boards.straightdope.com/u/johnpost)\ **Post date:** [November 21, 2014, 4:16am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/6 "2014-11-21T04:16:51Z")
> [@t-bonham@scc.net](#): > > But in practice, I don’t think it is enforced much. How would you get a local policeman to write a ticket and give it to the locomotive engineer somewhere along the tracks? especially hard to get the train to pull over. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [November 21, 2014, 4:42am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/7 "2014-11-21T04:42:46Z")
> [@t-bonham@scc.net](#): > > But in practice, I don’t think it is enforced much. How would you get a local policeman to write a ticket and give it to the locomotive engineer somewhere along the tracks? You could just note the number and company of the locomotive, then send the ticket to the company that owns the locomotive, so they could sort it out with the driver in charge at the time on the ticket. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [November 21, 2014, 4:56am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/8 "2014-11-21T04:56:07Z")
This became a big issue some years ago (circa 2000 or so) in the little California community of Santa Margarita. There are only two streets crossing the tracks, about a half mile apart, and trains much longer than that commonly parked there, blocking both, for long periods of time. The only way around them was a detour much longer than 10 miles. (ETA: More like 30 miles, I think.) Not only did this block access to a portion of the community, but also blocked access to who-knows-how-many square miles of mountainous back-country – a thinly populated area, but adding up to a lot of people over all that land. I lived in that very back-country for several years (and I’ve posted links to photos several times). One argument, not mentioned in this thread yet, is that these trains block access for emergency vehicles, in particular fire crews and ambulances or similar rescue responders. What I remember reading about it was that the railroad company (Southern Pacific at the time) was regularly given citations for this, but pretty much ignored them. Either that, or the fines were just pocket change for the company so it didn’t bother them. Eventually they quit doing that, and parked their trains about a mile farther north instead. I assume the state put some kind of additional pressure on them to do so. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [November 21, 2014, 5:25am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/9 "2014-11-21T05:25:58Z")
> [@Giles](#): > > You could just note the number and company of the locomotive, then send the ticket to the company that owns the locomotive, so they could sort it out with the driver in charge at the time on the ticket. It wouldn’t necessarily be the responsibilityof the driver, since he has to obey the signals. And, depending on the circumstances, there might be an argument over whether responsibility lay with the train operator (runs the train) or the network operator (controls the use of the tracks). All-in-all, if this is a problem, I don’t think it’s a problem that’s amenable to management by a ticketing regime. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [November 23, 2014, 3:45am UTC](https://boards.straightdope.com/t/the-limitations-of-blocking-a-public-street/705220/10 "2014-11-23T03:45:38Z")
In Pajaro Calif back in the 60’s my brother watch a CHP give a ticket to an train engineer for blocking traffic. He was making up trains at the SP yard blocking Highway 1. going back and forth giving the cars a rolling start for about an hour.