(1) No railroad company shall obstruct any public highway or street, or the navigation of any stream, by stopping and permitting trains, engines or cars to stand upon a public grade crossing or upon a drawbridge for more than five (5) minutes at any one time, unless such stopping and standing is caused by circumstances beyond control of the railroad company.
(2) No member of a railroad train crew shall be held personally guilty of violating a municipal ordinance regulating the blocking of public grade crossings by trains, engines or cars, on proof that his action was necessary to comply with the orders or instructions of the railroad company or its officers; provided that nothing in this section shall relieve the railroad company from any responsibility placed upon it by said ordinance. Effective: June 18, 1970 History: Amended 1970 Ky. Acts ch. 201, sec. 1, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 768.
Notes of Decisions
CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000).
“5-1 (limiting time to 10 minutes with exceptions); Kentucky: KRS § 277.200 (limiting time to 5 minutes with exceptions); Louisiana: LSA-R.”
Louisville & Nashville R.R. v. Commonwealth ex rel. City of Covington, 488 S.W.2d 329 (Ky. Ct. App. 1972).
· cites it 4× “Cov-ington has not been delegated power to regulate the operation of trains over grade crossings; that the Covington ordinance is void because it constitutes an unreasonable and arbitrary exercise of police power, and that the Covington ordinance is void because the General…”
Ass'n of Am. Railroads v. Beshear (E.D. Ky. 2020).
· cites it 40× “II The Court now turns to the substantive issue at hand: whether the two Kentucky statutes that are the focal point of this suit, KRS § 277.200 and KRS § 525.140, are federally preempted.”
— Ky. Rev. Stat. § 277.200(2) — 2 cases
Louisville & Nashville R.R. v. Commonwealth ex rel. City of Covington, 488 S.W.2d 329 (Ky. Ct. App. 1972).
“Cov-ington has not been delegated power to regulate the operation of trains over grade crossings; that the Covington ordinance is void because it constitutes an unreasonable and arbitrary exercise of police power, and that the Covington ordinance is void because the General…”
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