(A) No railroad company shall obstruct, or permit or cause to be obstructed a public street, road, or highway, by permitting a railroad car, locomotive, or other obstruction to remain upon or across it for longer than five minutes, to the hindrance or inconvenience of travelers or a person passing along or upon such street, road, or highway.
(B) At the end of each five minute period of obstruction of a public street, road, or highway, each railroad company shall cause such railroad car, locomotive, or other obstruction to be removed for sufficient time, not less than three minutes, to allow the passage of persons and vehicles waiting to cross.
(C) This section does not apply to obstruction of a public street, road, or highway by a continuously moving through train or caused by circumstances wholly beyond the control of the railroad company, but does apply to other obstructions, including without limitation those caused by stopped trains and trains engaged in switching, loading, or unloading operations.
(D) If a railroad car, locomotive, or other obstruction is obstructing a public street, road, or highway in violation of division (A) of this section and the violation occurs in the unincorporated area of one or more counties, or in one or more municipal corporations, the officers and employees of each affected county or municipal corporation may charge the railroad company with only one violation of the law arising from the same facts and circumstances and the same act.
(E) Upon the filing of an affidavit or complaint for violation of division (A) of this section, summons shall be issued to the railroad company pursuant to division (B) of section 2935.10 of the Revised Code, which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1965–2022 · leading case: State v. CSX Transp., Inc., 2022-Ohio-2832, 200 N.E.3d 215.
State v. CSX Transp., Inc., 2022-Ohio-2832, 200 N.E.3d 215. · cites it 396ד] Criminal law—R.C. 5589.21—Preemption—Interstate Commerce Commission Termination Act—Federal Railroad Safety Act—Judgment reversed and trial court’s dismissal of all charges reinstated.”
State v. CSX Transp., Inc., 2020-Ohio-2665, 154 N.E.3d 327. · cites it 34ד(“CSX”) regarding five separate complaints alleging CSX violated R.C. 5589.21, also known as “Ohio’s blocked crossing statute.”
State v. Wheeling & Lake Erie Ry. Co., 786 N.E.2d 504 (Ohio Ct. App. 6th Dist. 2003). · cites it 11דof a $1,000 fine and costs for a first-degree misdemeanor conviction of R.C. 5589.21, the statute that governs the length of time a stopped train can block a roadway.”
Preston v. Baltimore & Ohio R.R., 550 N.E.2d 191 (Ohio Ct. App. 6th Dist. 1988). · cites it 8דAppellant 1 filed suit against appellees railroad companies claiming negligence, attractive nuisance, and willful and wanton conduct, and against appellee city of Toledo 2 claiming duty and failure to enforce R.C. 5589.21 in violation of its statutory obligations to keep its…”
Howard v. Miami Twp. Fire Div., 119 Ohio St. 3d 1 (Ohio 2008). “20 and R.C. 5589.21, which prohibit railroads from obstructing a public street or roadway, “require} ] a complete blockage”).”
State v. Wheeling & Lake Erie Ry. Co., 743 N.E.2d 513 (Ohio Ct. App. 9th Dist. 2000). · cites it 10ד01(a), which is identical to R.C. 5589.21. 1 Appellee filed a motion to *273 dismiss the complaint, alleging that R.”
City of Vermilion v. Stevenson, 454 N.E.2d 965 (Ohio Ct. App. 6th Dist. 1982). “[R.C. 5589.21.] “(b) Whoever violates this section is guilty of a misdemeanor of the third degree.”
State v. Chessie Sys. R.R., 1 Ohio App. Unrep. 323 (Ohio Ct. App. 9th Dist. 1990). · cites it 16דThis cause comes before the court upon the appeal of defendant-appellant Chessie System Railroad from its conviction in the Municipal Court of Wayne County on two charges of violation of R.C. 5589.21, which prohibits obstruction of public roadways by railroad trains.”
State v. Csx Transp., Inc., 744 N.E.2d 1241 (Ohio Ct. App. 6th Dist. 2000). · cites it 5ד, guilty of four counts of obstructing a public road in violation of R.C. 5589.21 and imposed a penalty of $1,000 per count pursuant to R.”
Brewster v. Csx Transp., Inc., 742 N.E.2d 222 (Ohio Ct. App. 1st Dist. 2000). · cites it 2דBrewster claims that the railroad was negligent per se because it blocked the right-of-way for more than five minutes, in violation of R.C. 5589.21, which prohibits a railroad company from obstructing a public street for more than five minutes.”
Becker v. Shaull, 7 Ohio App. Unrep. 135 (Ohio Ct. App. 5th Dist. 1990). · cites it 2ד203 , where the Supreme Court held that General Code, Section 7472 (now R.C. 5589.21), prohibiting obstruction of roads by railroads, was enacted to facilitate the movement of traffic and to discourage unnecessary blockades.”
City of Ashtabula v. Kovacs, 222 N.E.2d 440 (Ohio Ct. App. 1965). · cites it 2דSuch is the wording to be found in Section 5589.21, Revised Code: “No person or corporation, conductor of a train of railroad cars, or other agent or servant of a railroad company, shall obstruct, unnecessarily, a public road or highway of this state, by permitting a railroad…”
Ohio Rev. Code § 5589.21(A): 3 cases
State v. CSX Transp., Inc., 2022-Ohio-2832, 200 N.E.3d 215. “] Criminal law—R.C. 5589.21—Preemption—Interstate Commerce Commission Termination Act—Federal Railroad Safety Act—Judgment reversed and trial court’s dismissal of all charges reinstated.”
State v. CSX Transp., Inc., 2020-Ohio-2665, 154 N.E.3d 327. “(“CSX”) regarding five separate complaints alleging CSX violated R.C. 5589.21, also known as “Ohio’s blocked crossing statute.”
State v. Wheeling & Lake Erie Ry. Co., 786 N.E.2d 504 (Ohio Ct. App. 6th Dist. 2003). “of a $1,000 fine and costs for a first-degree misdemeanor conviction of R.C. 5589.21, the statute that governs the length of time a stopped train can block a roadway.”
Ohio Rev. Code § 5589.21(C): 1 case
State v. CSX Transp., Inc., 2022-Ohio-2832, 200 N.E.3d 215. “] Criminal law—R.C. 5589.21—Preemption—Interstate Commerce Commission Termination Act—Federal Railroad Safety Act—Judgment reversed and trial court’s dismissal of all charges reinstated.”
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