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Bad news for those of you who have to listen to your constituents complaining about trains that stop and block roads and driveways for long periods of time. The Attorney General Greg Abbott has released an opinion (GA-0331) in which he ruled that Transportation Code 471.007 (making it unlawful for a train to block a rr crossing for more then 10 minutes) is preempted by federal law. The opinion was requested by the County and District Attorney of Milam County.

Janette Ansolabehere
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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Another fine example of federalism at work. Does the federal law create a legal privilege or authority to violate sec. 42.03, P.C. as well? Everything in the name of commerce, so it seems.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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I don't care if the trains are blocking the intersections, what I do care about is those trains pulling through my neighborhood at 2:00 a.m. and laying on the horn because they're having to pass over an ungated intersection. Make them stop!!!
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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