Arizona Revised Statutes

Ariz. Rev. Stat. § 40-852 (2026)

Allowing engine or car to remain upon public crossing; classification

✓ current as of May 2026

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An engineer, conductor or other employee or officer of a railroad company who permits a locomotive or cars to be or remain upon the crossing of a public highway over such railway so as to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of unavoidable accident, is guilty of a class 2 misdemeanor.

Notes of Decisions

Cited in 2 cases, 1988–2000 · leading case: Terranova v. S. Pac. Transp. Co., 761 P.2d 1029 (Ariz. 1988).

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Terranova v. S. Pac. Transp. Co., 761 P.2d 1029 (Ariz. 1988). · cites it 4× “Under the long standing rule in this state, the trial judge and the court of appeals ruled that the railroad had not breached its duty to the public because it had provided reasonable and adequate warning that the train was blocking the crossing.”

CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000). “70-58 (1970)(if railroad blocks a crossing for an unreasonable period of time, a public nuisance possibly occurs); Illinois: 625 ILCS 5/18e-7402 (limiting time to 10 minutes -with exceptions); Indiana: IC 8-6-7.”

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