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August 19, 2009

Terre Haute, Vigo officials working with CSX to resolve unpaid tickets

By Arthur E. Foulkes

TERRE HAUTE — City and county officials are working with CSX Transportation to resolve tens of thousands of dollars in unpaid tickets.

CSX, which operates more than 21,000 miles of railroad lines in the eastern United States, has not paid any tickets issued by local police since the end of 2007, said Michelle Edwards, chief deputy clerk for the City of Terre Haute. The tickets are issued when police cite the railroad for blocking roadway crossings for extended periods of time.

There were 422 outstanding citations as of Tuesday, Edwards said.

If a judge rules the tickets must be paid, each citation carries $114 in court costs and fees as well as a fine of at least $1.

“There are a number of tickets out there,” said Vigo County Prosecutor Terry Modesitt, who said his office has been working “diligently” on this matter for more than a week and has met with representatives from the railroad. CSX has hired an Indianapolis-based attorney to handle the matter, local officials said.

Bob Sullivan, a CSX spokesman, said the railroad is working with local officials to resolve the problem of the outstanding infractions. He also said the railroad wants to find better ways to communicate with local authorities when problems arise.

The long-term problem is really one of communication, Sullivan said.

While Modesitt cannot discuss the case because it is pending in Terre Haute City Court, he said the prosecutor’s office often hears complaints about blocked roadways.

“We get a lot of complaints. The police get a lot of complaints … I’ve heard it over and over and over for years and years.”

Indiana law states it is unlawful for a train to obstruct public travel at a crossing for more than 10 minutes, except when the train is unable to move for reasons “over which the railroad corporation has no control.” Each 10-minute period a roadway is blocked can result in a new citation, Edwards said.

Indiana law further states it is unlawful for two or more trains to block traffic at a crossing without giving stopped vehicles a chance to cross the tracks between trains. In other words, a northbound train cannot clear a crossing only to have a southbound train on an adjacent track immediately block the same crossing.

Violations of these laws are considered class-C infractions, which carry fines of up to $500, according to Indiana law.

If each of CSX’s outstanding tickets currently on file in City Hall received the maximum fine, CSX could be hit with a bill of more than $250,000. If each outstanding ticket received the minimum fine, CSX would still owe more than $48,000 in court costs and fees.

Modesitt said there likely will be an announcement “before long” regarding a resolution to the problem of the outstanding tickets. CSX’s Sullivan could not comment on a possible time frame for a resolution.

Trains may block intersections for a variety of reasons, Sullivan said. Other rail traffic can cause trains to stop. Trains also stop for unloading of cars or cars may need to be switched, he said.

“This is not to minimize the problem,” Sullivan said, adding that CSX does not want to block roadways or have train cars sitting idle. “Our goal is to always keep things moving,” he said.



Arthur Foulkes can be reached at (812) 231-4232 or arthur.foulkes@tribstar.com.

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