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Editorial: Regulating railroad practices requires Congress to honor its promises

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On any given day in Hampton Roads — and far too many of them — commuters used to lengthy back-ups on the bridges, tunnels and bridge-tunnels endure further delays at railroad crossings. Freight trains impede traffic so frequently that officials across the region are exploring ways to alleviate the issue at the most problematic crossings.

State lawmakers are considering a bill that would fine rail companies for lengthy blockages and require that trains have additional crew members. While that effort is welcome, stalled federal legislation that would address those issues and bolster railway safety is the ideal fix — whenever Congress gets around to passing it.

Recent reporting by The Virginian-Pilot’s Ian Munro highlighted the concerns shared by local officials and the general public about lengthy delays at many of the region’s 600 railroad crossings. The Hampton Roads Regional Planning District Commission is compiling data in concert with municipal officials at a time when longer freight trains have become a point of contention.

Chesapeake and Norfolk have the greatest number of crossings, and some of the most frequently cited in complaints. When the study is completed, officials say they hope to work with the railway companies to alleviate the delays and consider ways to improve intersections.

This isn’t simply a matter of inconvenience for motorists. Emergency vehicles such as ambulances cannot afford interminable waits when rushing to someone in need. And hazardous chemicals aboard idling freight trains is a recipe for disaster.

Legislation before the General Assembly proposed a regulatory fix. House Bill 385, sponsored by Del. Shelly Simonds, D-Newport News, would “increase the fine to companies if they leave a train blocking an intersection for over five minutes from $100 to $500, limit train lengths to 8,500 feet (about 1.6 miles) on mainline and branch lines and require two-man crews,” per Munro’s reporting.

Those are reasonable provisions needed for our communities. But our communities aren’t the only ones subjected to the whims of the railroads.

New York Times reporting from November found that longer freight trains were a common concern in cities small and larger across the nation. However, as in Hampton Roads, compiling data about the extent and frequency of the problem was challenging, thanks in some measure to the railroad industry resisting efforts to quantify it.

The issue of trains blocking high-volume thoroughfares is one piece of a larger puzzle that depends on Congress to solve. Local and state measures intended to prod railroad companies into better behavior have been rejected by the courts as an infringement on federal authority over railways.

That’s fine, since Congress should be making clear rules about rail activity and working to ensure that trains operate safely. Trouble is, federal lawmakers continue to drag their feet despite the obvious and pressing need to act.

How obvious and pressing? Ask the folks in East Palestine, Ohio.

One year ago, the derailment of a freight train carrying hazardous chemicals plunged that community into a crisis from which it has yet to recover. The resulting blaze forced residents’ evacuations, created dangerous conditions for first responders and inflicted long-term harm on the environment.

Yet, despite the promises made by Congress in the wake of the accident, federal lawmakers have yet to advance legislation intended to prevent the conditions that led to the derailment and which promise to bolster railroad safety. A bill that would shorten train lengths, require more staffing and, critically, expand safety training for emergency workers wallows in limbo. Despite enjoying bipartisan sponsorship and support in the Senate, it has yet to come to the floor for a vote.

State action in absence of stronger federal regulation would be welcome. However, history suggests it’s also likely to be unenforceable.

Our community’s best hope is that Congress does what it said it would after last year’s disaster by taking the firm and necessary steps to improve railway safety and curb the industry’s worst practices.


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