Kind wants 'some teeth' in train rules

STEVENS POINT — U.S. Rep. Ron Kind wants the federal government to have more power to hold railroad companies accountable for being good neighbors in the communities in which they operate.

Residents of rural communities such as Junction City and Auburndale in central Wisconsin regularly find their lives and schedules dictated by trains, especially those parked for hours at a time in front of homes or blocking roads. The trains are often left parked when a crew's shift is over and another's has yet to start.

Canadian National Railroad and other rail companies are able to take such liberties because of the interaction of local, state and federal regulations. A Gannett Wisconsin Media investigation this summer reviewed that interplay and found that federal laws render municipalities' and states' attempts to regulate trains useless.

That gives railroads the freedom to leave trains parked anywhere they want, for however long they want.

Kind, a La Crosse Democrat whose district includes Portage and Wood counties, said that is unacceptable and that the circumstances are "very frustrating." He said he wants Canadian National to be a better neighbor to the communities in which it operates, out of concern both for public safety and residents' convenience.

"I am urging Canadian National to stop blocking these crucial intersections and be a better partner and neighbor," he said in a statement.

Kind said he met with a representative of the Federal Railroad Administration this week and asked for a list of complaints of where similar problems are happening nationwide. He said he wants to see federal legislation on the matter that would give officials "some teeth" to hold railroads accountable for their behavior.

"It's not an isolated issue," he said.

Kind also said he wants a meeting with top officials from Canadian National, a request that has not yet been granted, he said.

Canadian National spokesman Patrick Waldron said the company would be open to a meeting with Kind and that it regularly communicates with legislators, elected officials and community leaders on a number of topics.

Kind is among at least three federal lawmakers who want action on the issue.

U.S. Rep. Sean Duffy, R-Wis., introduced in January legislation that would fine railroad companies $10,000 for every hour their trains block a crossing.

"My hope is that when faced with potential fines, railroad companies will use their technology and common sense to better plan their trips," Duffy said in a news release.

Jonathan Lanctin, a spokesman for Duffy, discussed the legislation at a town hall meeting in Junction City organized by Gannett Wisconsin Media in August.

U.S. Rep. Jim Sensenbrenner, R-Wis., also introduced legislation after learning at a town hall meeting in Dodge County that children were being passed between train cars so they could get to class on time because trains were blocking the way to school.

"That's flat-out dangerous," he told Gannett Wisconsin Media. "If the train had suddenly moved, they would have been killed."

Federal laws restrict railroad crews as to how many consecutive hours they can work, which can contribute to where trains stop for extended periods of time.

Sensenbrenner's bill would allow train crews that have reached the maximum number of hours they're allowed to work under federal law to continue working until the train is located somewhere that will cause the least disruption for local residents.

Sari Lesk can be reached at 715-345-2257 and sari.lesk@gannettwisconsin.com. Follow her on Twitter as @Sari_Lesk.