Creating Safety Hazards for its Residents

CSX Transportation has the legal right to use the tracks through Lithonia and all of Georgia that have been granted to them by the federal government. Local municipalities have no control or oversight over this activity. They are one of the seven largest freight railroad companies and the largest in the Southeast. Additionally, Georgia boasts the largest rail network in the Southeast.

Earlier this year in February, the 11 Alive News Investigation Team looked into the matter and found that complaints about stalled trains in Georgia had jumped 259% in 2021. Deshon Cooper of Lithonia started a change.org petition late in 2020.

Nearly 400 people in Lithonia have signed a petition on change.org complaining that CSX trains blocking traffic for days at a time, an issue that Lithonia Mayor Shameka Reynolds says has been plaguing the city for nearly a year.

“Today they have it opened up and we’re grateful for that,” Reynolds said pointing to the tracks, showing two rows of train cars on either side. “But nine times out of 10, it’s mostly connected and we have to go a different route.”

When the trains are connected, Reynolds said it blocks people from accessing resources like grocery stores and can keep police from using the most direct route to an emergency. 

In each instance, CSX’s temporary relief measure will only buy time until they can return to blocking off Lithonia streets for extended periods of time. This has resulted in frustration for residents and officials, who have received a variety of explanations for the delay, including a lack of personnel and trains being stuck in place for mechanical and operational difficulties.

CSX’s website states, ‘While CSX operates in many kinds of communities, the company’s focus remains constant. CSX has an unwavering commitment to the safety, the service of its customers, the disciplined utilization of assets, and the development of people and the communities where the company operates.”

The commitment CSX claims to have toward safety for the communities they operate in does not make sense.

When the focus is on them, they appear to rectify the situation without having a fervent dedication to addressing it entirely. It seems as if CSX has no plans to address the issue and will continue to act with total disregard.

This can only be solved politically and the Georgia State Legislators proposed HB1473 in their 2021/2022 Legislative Session. 37 States have passed legislation prohibiting CSX Transportation and other freight railroad companies from creating safety issues by limiting how long trains can sit on the tracks.

Georga House Bill 1473

To amend Part 3 of Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains at crossings, so as to prohibit the operation of a train in a manner that occupies or blocks a street, road, or highway grade crossing longer than a certain amount of time; to provide for exceptions; to provide for immunity from penalty in certain instances; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

(a) No railroad common carrier shall authorize the operation of a train in a manner that occupies or blocks any street, road, or highway grade crossing by engines or passenger or freight cars longer than 15 consecutive minutes unless the train is in motion or such blockage is:

(1) Due to a power brake failure or other mechanical failure;

(2) Necessary to avoid striking any object or person on the track;

(3) Due to a derailment or other accident; or

(4) In order to comply with a federal safety directive or regulation or other federal law.

Georgia HB 1473 never made it out of the Transportation Committee to a full vote in the Georgia State House. In other words, the bill was dead on arrival. It is critical that we have a discussion on HB1473 so that we can move forward with this important legislation. Representative Dr. Jasmine Clark (D) has co-sponsored the bill along with 3 Republicans, but the Chair of the Transportation Committee Rick Jasperse (R) in the Georgia State House has not allowed a debate on the bill. We need to pressure the Chair to allow a debate on this bill so that we can move forward on this crucial issue. Federal Interstate Commerce laws protect trains, so the state is limited in what it can do. Further Governor Kemp has expressed interest in bringing stakeholders to the table, but that’s about all he has done. He can do more, such as actually bringing people to the table. He has that power.

Virginia is one of a limited number of states that have a law in place to restrict the amount of time that trains can block crossings, as dictated by the State Corporation Commission. The time limits for such situations range from five to twenty minutes, depending on the circumstances.

The Virginia State Corporation Commission is “joining a national effort to seek federal assistance regarding the burgeoning safety issue of blocked railroad crossings,” according to a press release from earlier this month.

“The Association of State Railroad Safety Managers is urging the adoption of federal regulations to limit the amount of time a train may block a highway-rail grade crossing,” the release stated. “The association recently circulated a resolution calling for federal legislation requiring the U.S. Secretary of Transportation to prescribe regulations making it unlawful for trains to block highway-rail grade crossings for longer than a specified period unless the train is stopped for mechanical or emergency reasons.”

The increase in complaints about stalled trains in Georgia is cause for alarm and we must take steps to address the issue. This is an election year in Georgia and Stacey Abrams is running against Brian Kemp for office. It is essential that she receive as many votes as possible in order to win. She trails Kemp by a few points in the polls. Issues such as this resonate with Georgia voters, especially in small places like Lithonia and other municipalities that are held hostage by CSX and Republican politicians like Rick Jasperse. This is an excellent opportunity for Stacey Abrams and other state and federal officials in Georgia to advocate for this critical legislation.

The Urban Politician Alliance is located in Lithonia, Georgia, in the Metro Atlanta area. This small city has a population of just 2,600 people. We are dedicated to bringing to light all that is done to keep our communities unsafe and unattended to by our local, state, and federal politicians. The time to act is now, and your donation can be instrumental in making this a reality. With your monetary support, we can maintain our tireless pursuit of combating social injustice through our writing and media platforms.

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