Ohio towns could mark railroad crossings as emergency routes

Local governments could designate public roads as routes for emergency vehicles responding to emergencies. Counties, townships, and cities could designate routes within their boundaries. Local officials would consult the Ohio Department of Transportation and local emergency service providers. Each route would have to be at least 7,500 feet from another designated route.

A railroad company could not recklessly let stationary equipment block a designated route. The restriction would apply to railroad companies and designated routes within local government boundaries. The restriction would not apply to circumstances beyond the company's control, continuously moving equipment, normal switching lasting no more than five minutes, or conduct required by federal law or regulation. After each five-minute period of obstruction, the company would have to clear the route for at least three minutes so people and vehicles could cross.

A person who violates the route rule would face a first-degree misdemeanor and a $1,000 fine; a railroad company could also be liable for damages. These consequences would apply to violations of the designated-route rule. Each day of violation would count as a separate offense. A defendant could show with clear and convincing evidence that federal law or a stated exception required the obstruction. If one violation crosses local boundaries, local officials could charge only one violation when it arises from the same facts and act. Each day of violation would count as a separate offense.