Ben Pifher/MDN A freight train moves across an intersection in Minot last week.

State and local laws prohibit trains from blocking intersections for lengthy periods, but it still happens.

North Dakota state law says it’s illegal for train operators to “prevent vehicular use of any roadway for a period of time in excess of 10 consecutive minutes.” It explains exceptions, such as situations where trains are complying with safety signals, disabled trains and slow moving trains.

Minot’s city code is even stricter, cutting down the time available for trains to stop to 5 minutes.

Notably, repeated switching operations, and loading and unloading operations aren’t included on either list of exceptions, and those violating the law are guilty of a Class B misdemeanor.

According to a Burlington Northern Santa Fe (BNSF) spokesperson, Lena Kent, there are several factors impacting train operations. She said these factors include serving local customers, geography, infrastructure and train speed limits. According to Kent, BNSF tries to limit the impact of their operations on communities.

Terry Cunha, from Canadian Pacific Kansas City (CPKC), said CPKC works to “keep trains moving safely and efficiently” and minimize time in intersections.

T. Kvigne, City Public Safety information and outreach officer, explained that long trains are generally exempt to the code.

“Switching operations and loading/unloading activities often involve slow, repetitive movements that can hold up traffic for extended periods,” he said. He explained that switching and loading/unloading is mentioned in the law to ensure railroads take steps to minimize disruptions.

Kvigne also explained that federal rulings have held that rails are exclusively under federal jurisdiction.

“Because of this federal preemption, North Dakota’s statute on blocked crossings is likely unenforceable,” he said.

Warren Flatau, deputy director of Public Affairs for the Federal Railroad Administration, said there are no federal laws or regulations pertaining to blocked crossings. There’s been an uptick in blocked crossings over the last few years, he said, and the laws are unenforceable by local authorities.

The railroad administration won’t enforce state laws, as they are a federal agency. The administration believes “we do not have legal authority to regulate in this area until we get statutory authorization,” Flatau said. He explained that many of the state laws have been overturned by courts, and the administration operates on the reports that are made.

Flatau said reports of blocked crossings can be made on the Federal Railroad Administration’s website, and only one report is allowed to be submitted per person. If a certain number of reports is turned in over a two-week period, then the administration will send someone to investigate.

There have been 90 reports from within North Dakota in the last year.

Any investigation often looks at where railroads are doing crew changes, Flatau said, and where they stage trains for operations. Absent any law or regulation governing movement, enforcement is “definitely difficult,” he said.

A 2019 memo from the FRA explained that one of its goals was to minimize the impact of trains on traffic, and that the administration was seeking broad public input “to better understand the scope of the problem.”

Minot’s first responders have found ways to work around stopped trains and blocked intersections. Matt Peterson, who worked full time for an ambulance service in Minot for four years, said he knew the routes around town to avoid railroad crossings. He said he didn’t often hear of incidents where ambulances waited. They would often navigate around rail intersections instead of risking a wait.

Road traffic isn’t the only type that freight trains impede. According to Amtrak, a passenger railway formed by Congress, freight trains caused only 53% of Empire Builder trains to arrive on time in 2023, referring to their passenger train that spans much of the northern U.S., and travels through Minot.

The passenger train company lambasted freight carriers on its website, and said its passengers had lost more 900,000 minutes in 2023. It accused freight carriers of flouting the law, due to its difficult enforcement.

A bill introduced in the U.S. House by a Representative from Pennsylvania is attempting to allow Amtrak to bring a civil suit against freight carriers. The bill informs Congress that passenger trains have preference over freight, per federal law. It explains that Amtrak’s on-time rates have declined since 2014, and again blames freight trains. Finally it notes Amtrak’s inability to enforce law and laments the last federal enforcement action was in 1979, then authorizes Amtrak to bring civil action to enforce its preference rights.