Feb 12, 2000

Multiple train fines disallowed

Police are no longer allowed to keep writing tickets to trains that block traffic crossings sometimes hours at a time.

By RAY KISONAS - Evening News staff writer

A Monroe County judge’s ruling has prohibited law enforcement agencies from writing multiple tickets to railroad companies when their trains block crossings sometimes for hours at a time.

First District Judge Terrence Bronson heard a case argued in his court last week and ruled that police officers can no longer write tickets every five minutes, a common practice police use in an effort to deter trains from blocking crossings for extended periods of time.

That’s the way I read the statute, Judge Bronson said, noting that he was simply upholding the law.One blocking is one blocking. Additionally, fines against railroad companies ticketed for blocking intersections have averaged between $60 and $244 with numerous citations being dismissed.

The Monroe County Prosecutor’s Office sent a memo to law enforcement agencies advising them to no longer write more than one ticket per blockage.

Chief Prosecutor Edward Swinkey said he doesn’t like the ruling, but understands the judge’s position. The lawmakers, he said, must make changes.

I’m not happy with the decision, he said. But I can see why the judge ruled that way. It’s one of those close calls. For Sheriff Tilman Crutchfield, the directive is just another example of a conglomerate getting away with breaking the law and causing headaches to motorists.

Worse yet, he said, train blockings can be a potentially dangerous situation if ambulances and fire trucks are prevented from reaching emergencies.

Sheriff Crutchfield, whose deputies commonly have written tickets every five minutes a train blocks a crossing, is not very happy. He said more has to be done to send a message to railroad companies that they can’t get away with blocking crossings.

We should be able to write them, the sheriff said. It’s a safety issue as well as a tremendous inconvenience to the public. We’re virtually powerless to do anything about it.

Even if lawmen were allowed to continue writing 10, 15, or 20 tickets at a time, it probably wouldhave minimal impact anyway because most of those written are being dismissed outright or the fines levied are minimal, the sheriff said.

According to sheriff’s department statistics, his deputies wrote 82 tickets for train blocking violations in the past six months. About 84 percent of them were dismissed. Of the 13 citations that resulted in guilty pleas, a total of only $3,610 in fines were levied. That averages to about $244 per ticket.

That’s pocket change for the railroad companies, Sheriff Crutchfield said. We need to put some teeth into those fines. If we’re going to have an impact, they’re going to have to hold up their end. Judges

can fine railroads up to $1,000 for blocking a crossing. According to the sheriff’s numbers, Conrail was hit with the highest fine in the last six months: $610. And that was the only one in that range. All the others ranged from $100 to $310.

That trend is noticeable with other agencies across the county who have written similar tickets.

According to court records, a little more than $7,400 in fines were collected from railroads out of 130 tickets issued. That’s an average of just under $60 per citation, a fine lower than a ticketed motorist would receive for driving five miles over the speed limit.

The court records show that many of the 130 tickets were dismissed. The fines ranged from $100 to $610.

We could write tickets until our arm falls off and it won’t have an impact, Sheriff Crutchfield said. You have to hit them in the pocket to mean something.

Judge Bronson’s ruling does not mean the other district judges Paul Braunlich and Jack Vitale must follow suit; they may interpret the law differently. But since Judge Bronson is the Chief District Judge,

his decision has influence. It already caused the prosecutor’s office to instruct police agencies to cease writing multiple tickets.

Judge Bronson said his hands are bound and he is merely following the law. If changes are to be made, they must be done in Lansing at the Legislative level.