NEWS

More trains lead to traffic delays at crossings

Colleen Kottke
Gannett Wisconsin Media
A Canadian National train passes through Oshkosh recently heading south to Fond du Lac and beyond.

A considerable increase in rail traffic across Wisconsin has led to congested lines that often leave trains blocking crossings — and motorists fuming.

A Canadian National train that blocked Highway 175 near the small community of Byron south of Fond du Lac on Sept. 7 raised the ire of both law enforcement and motorists. Fond du Lac County Sheriff's Office Sgt. Jeff Bonack said reports of traffic backing up on the highway started flowing into the Communications Center around 10 a.m. that Sunday.

The locomotive stopped just south of Church Road and the train cars stretched south with the last six extending past the at-grade crossing on Highway 175.

"We were told that the crew 'timed out' and had to wait until a new crew came to relieve them," Bonack said, referring to a federal law that requires train crews to stop working when their allotted hours expire. "The trainmaster on duty then called back to say there were also four northbound trains stacked up waiting to move out."

In Winnebago County, there have not been any recent blockages of major roads, but law enforcement does receive regular complaints and inquiries about trains blocking intersections. Winnebago Sheriff's Capt. Todd Christie said none of those blockages have not been excessive.

Most of the railroad complaints received by the Winnebago County Sheriff's Office are in the southern end of the county. The sheriff's office tries to work with the railroad to address the blockages when they happen.

Similar complaints have been received from Kenosha to Superior, said Wisconsin Railroad Commissioner Jeff Plale.

"There are more trains on the system than there have been in the last decade. At one point we had 61 trains stuck in Wisconsin. It was nuts," Plale said. "We've got to fix this and I don't know if there is a magic wand, but we can't have trains backed up all over Wisconsin."

Any disruption to the U.S. rail system such as increased levels of demand, weather, infrastructure failure or operational issues impacts the entire system and causes delays, he said.

"Right now weather isn't a factor, but I dread what's going to happen when the weather turns bad," Plale said

Increased traffic

According to Plale, increased rail traffic is driven in part by the state's proximity to Chicago, considered the rail hub of the nation.

A boom in production of sand used for hydraulic fracturing, as well as an influx of crude oil from the Dakotas that is shipped to refineries across the country, has kept Wisconsin's major rail carriers moving at a frantic pace, he said.

According to recent data, three dozen trains loaded with crude oil extracted from fracking move through Wisconsin every week. Plale estimates the increase in fracking and mining played a key role in boosting state freight rail service by 63 percent between 2002 and 2012.

"We're kind of at the epicenter of all this," Plale said. "It's not a matter of building more rail lines, it's just a matter of getting the logistics right with trains going through at the right times. But until we get a better handle on how to come to grips with this, it's going to be like this."

Canadian National Spokesman Patrick Waldron said the number of rail cars moving across its network is growing at a steady pace.

"The number of carloads grew by three percent in all of 2013 compared to 2012, and four percent the year before that," Waldron said.

CN, which is headquartered in Montreal, Canada, operates the largest network — 1,588 miles or 43.8 percent — of track in Wisconsin as part of its North Division, according to the Wisconsin Rail Plan 2030.

Federal safety mandate

Federal rules impact train movement in Wisconsin as well.

While truck drivers can pull off highways when their hours of service have expired, train engineers and conductors must "park" the train whether they've reached their destination or not and wait for a replacement crew, according to the federal Hours of Service Act.

"When a crew times out, they have to stop where they are," Plale said.

Frank Huntington says that, in most cases, federal law supersedes state and local laws. That is frustrating for both state and local officials who deal with blocked crossings on a regular basis.

"It's an interstate commerce issue that's under federal jurisdiction with their rules and unions issues, so we don't have much control over it," said Huntington, supervisor of the Wisconsin Department of Transportation's rail project and property management unit. "Our only recourse — in a severe situation — is to go to the federal Department of Surface Transportation Board and issue a complaint. But even then you're not apt to get much of a solution."

Huntington said the state gets better results by contacting railroads directly and working with them cooperatively.

"They assured us the blockage on Highway 175 was a one-time thing," Huntington said.

Inconvenience

CN trains traveling through Fond du Lac County use the double-main line north and south of Fond du Lac to park trains while waiting for the one ahead to move out of the area. Citizens in the town of Friendship in the northern part of the county have long complained to local officials of trains blocking roads in the township as the trains wait to move or refuel outside of the CN yard in North Fond du Lac.

Plale says refueling in remote areas is becoming a common practice used by railroads to keep trains moving. However, local residents are angered by the inconvenience that forces them to take lengthy detours, said town of Friendship Chairman Chuck McCourt.

"We proposed a solution to construct a road north from Lincoln Road to north of the viaduct by Van Dyne, allowing trains room to park along the two miles of track between Cemetery and Lone Elm Roads," McCourt said. "The railroad liked the idea and offered the town $300,000 to build the road. But the people of Van Dyne went ballistic saying they didn't want Van Dyne to turn into a railroad yard."

While state law allows municipalities to fine railroads if trains obstruct a roadway for longer than 10 minutes, the law makes exceptions for mechanical or other issues deemed out of the control of the railroad company.

Fond du Lac Assistant Police Chief Steve Klein said the city issued CN two citations in 2013 for blocking intersections. No citations have been issued so far this year.

Law enforcement in Oshkosh and other parts of Winnebago County have not issued citations to railroads for blocking intersections.

When the Winnebago County Sheriff's Office receives a report of a blocked crossing, Christie said a deputy is sent to speak with the person who reported it and also to try to determine what is causing the blockage. In most cases, Christie said, it's a mechanical issue. If it's not a mechanical issue but the blockage is happening frequently, Christie said the department acts as a mediator, letting the railroad know about residents' concerns and attempting to find a solution.

"If it's a normal occurrence, we try to work with the railroad to come to a resolution so it's not occurring," Christie said. "The railroad has been good with working with us."

In harm's way

Fond du Lac County Sheriff's Office Capt. Rick Olig said a train blocking a major thoroughfare like Highway 175 has a ripple effect. County Highway crews set up a lengthy detour around the train while dispatchers contacted fire and ambulance crews advising them of the obstruction.

"Our shift commander on duty asked the railroad to break the train or move the train ahead 50 feet to allow traffic and emergency vehicles to get through, but the railroad said they couldn't do it," Olig said. "Our big concern is the emergency services. What if we had a big fire or someone had a heart attack? When something big happens you're always going to be on the wrong side of the tracks."

Firefighters and paramedics in Oshkosh who are responding to a call will contact an alternate station if they are stopped at a train crossing too long, Oshkosh Fire Department spokesman John Holland said. The city has one fire station, at the intersection of Murdock Avenue and Bowen Street, which is east of the Canadian National railroad tracks that run through the east side of the city.

While being stopped at railroad crossings can cause a delay in providing services, Holland said it's normally not a long wait.

"It's been a problem forever," Holland said. "But it hasn't gotten any worse."

Plale recalled an incident in Rusk County where a train blocked a crossing for 27 hours and an ambulance had to take a detour.

"We hear similar stories from all over the state of people being put in harm's way," Plale said. "There are people living in the town of Auburndale that tired of trains blocking the way and resorted to crawling through the train. That scares me. "

Waldron says the railroad is aware of the issues caused by stopped trains.

"We recognize the inconvenience this causes to motorists," Waldron said. "Local CN teams continually work to minimize these delays and blocked crossings."

Colleen Kottke writes for Action Reporter Media in Fond du Lac. Oshkosh Northwestern Media reporter Jennifer K. Woldt contributed.

"Five hours is a long time to block a state highway. What if we had a big fire or someone had a heart attack? When something big happens you're always going to be on the wrong side of the tracks."

- Fond du Lac County Sheriff's Office Capt. Rick Olig