Ohio drivers could soon be forced to stop at all rail crossings

Ohio drivers may soon face new regulations requiring them to stop at all railroad crossings, even those without stop signs or signals, under proposed legislation, House Bill 372 and its companion Senate bill. The bills aim to enhance safety by mandating that drivers stop, look, and listen for trains before crossing railroad tracks. Currently, Ohio drivers are only required to stop at crossings with stop signs or active warning signals.

According to reporting from The Center Square, the House passed HB 372 on Wednesday, and if reconciled with the Senate's companion bill and signed by Governor Mike DeWine, it would make failing to stop at any railroad crossing a misdemeanor offense.

Supporters argue this measure, already adopted by over 30 other states, will raise awareness and prevent potentially fatal accidents. However, critics argue the law could lead to excessive enforcement and traffic disruptions, as it would require stopping at all of Ohio's 5,800 public grade crossings, even those with active warning systems.

A 2022 Ohio Supreme Court ruling found that existing state laws regulating the time trains can block crossings are preempted by federal regulations governing rail operations and safety. While the proposed legislation aims to improve safety, it represents a significant change that could impact traffic flow and enforcement across Ohio's extensive railroad network.

The proposed law has more than a few critics, though. Among the critiques offered up, they say that with over 5,800 public-grade crossings in Ohio, enforcing mandatory stops at each one could strain law enforcement resources and lead to excessive ticketing. What's more, determining whether a driver properly "stopped, looked, and listened" before proceeding could make enforcement subjective in some cases. Additionally, requiring stops at crossings already equipped with active warning systems like gates and lights could disrupt traffic flow unnecessarily when those safety measures are operational. And the law represents a significant change in driving behavior for Ohio motorists, who currently only have to stop at crossings with stop signs or signals. Widespread public education would likely be needed.

While aiming to improve grade crossing safety, the legislation's broad requirement to stop at all crossings raises practical concerns over equitable and reasonable enforcement statewide. The penalty for not stopping would be a fourth-degree misdemeanor. However, offenders could attend remedial safety training provided by an organization of the court’s choosing to avoid a fine or jail term. The training must be completed in a certain amount of time but cannot exceed 180 days after the training is ordered. Once the remedial safety training has been completed, the court will waive any associated fine or jail term.

Photo byJametlene ReskponUnsplash

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