K.S.A. Chapter 66 - Kansas Code of Public Utilities
Excerpt From Article 2–Railroads
Current through end of 2024 Session
66-273 Permitting trains, engines or cars to stand on public highway.
66-274 Same; penalty; exemption of railroad employees from certain penalties.
66-2,124 Rolling stock exchange; minimum distance from certain railroad crossings; exceptions.
66-273. Permitting trains, engines or cars to stand on public highway.
Each and every railroad company or any corporation leasing or otherwise operating a railroad in Kansas is hereby prohibited from allowing its trains, engines or cars to stand upon any public road within one half mile of any incorporated or unincorporated city or town, station or flag station, or upon any crossing or street, to exceed ten minutes at any one time without leaving an opening in the traveled portion of the public road, street or crossing of at least thirty feet in width.
History: L. 1897, ch. 169, § 1; L. 1903, ch. 394, § 1; June 1; R.S. 1923, 66-273.
IMPORTANT NOTE: In 2019, the Kansas Court of Appeals ruled in State v BNSF, that KSA 66-273 is unconstitutional because it violates the federal Commerce Clause. This statute should not be enforced.
66-274. Same; penalty; exemption of railroad employees from certain penalties.
Any railroad company or corporation operating a line of railroad in Kansas failing or neglecting to comply with K.S.A. 66-273, and amendments thereto, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine as follows: One hundred dollars if the blocking is for more than 10 minutes but less than 20 minutes; $300 if the blocking is for more than 20 minutes but less than 30 minutes; $600 if the blocking is for 30 minutes and $600 for each additional 30 minutes if the blocking is for more than 30 minutes. No member of a railroad train, yard, or engine crew shall be held personally responsible or found guilty of violating any state laws or any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof that such person's action was necessary due to circumstances beyond such person's control, or to comply with the order or instructions, either written or verbal, of the person's employer or officers or supervisory officials. Nothing in this section shall relieve the employer or railroad from any responsibility placed upon such employer or railroad by any such state law or any municipal ordinance.
History: L. 1897, ch. 169, § 2; L. 1903, ch. 394, § 2; R.S. 1923, 66-274; L. 1973, ch. 262, § 1; L. 1992, ch. 34, § 1; L. 2004, ch. 103, § 3; July 1.
66-2,124. Rolling stock exchange; minimum distance from certain railroad crossings; exceptions.
(a) Railroads operating within Kansas are required to maintain minimum distances from the near-edge of railroad crossings to railroad rolling stock stored on sidings if such railroad crossing does not have electronic warning signals. The minimum distance for the storage of railroad rolling stock from the near-edge of railroad crossings shall be 250 feet unless the department of transportation determines a lesser or greater distance is necessary at a particular location and permits or orders a railroad to maintain the lesser or greater distance. If physical conditions require the use of a track temporarily or minimum distances for the storage of railroad rolling stock cannot be obtained, then the provisions of this subsection shall not apply to:
(1) Cars placed for loading or unloading or awaiting removal after loading or unloading; or
(2) bad order cars set out from trains.
(b) The provisions of this section do not apply to rolling stock stored on yard tracks unless the department of transportation orders otherwise.
(c) As used in this section, "rolling stock" means rolling stock not used for the pickup or delivery of freight and where the placement on a railroad-owned siding by a railroad is for the sole convenience of the railroad.
History: L. 2024, ch. 85, § 1; July 1.