FINE TIME: City to write tickets for RR delays

Trains blocking Winfield’s Main Street have become the subject of so many citizen complaints lately that police chief Danny Parker called a meeting and told officers to write tickets to the railroad company holding up traffic.

Kansas law prohibits trains from blocking any roadway for more than 10 minutes. Both Parker and city manager Warren Porter said that recently, it seems Southern Kansas and Oklahoma Railroad trains have blocked an area near Fifth and Main for longer than the law allows.

On Nov. 3, Porter said, he ended up in a line waiting for the train to pass by by coincidence and watched as a line of traffic grew to nearly 3-blocks long.

"I think it’s a hassle for people heading to work or going to school," he said. "And depending how the train is positioned, you can’t even get to Irving (Elementary) School."

So now officers are being asked to monitor the tracks and to be ready to time trains and write tickets when necessary. Police were set to do just that on Wednesday, but the train was moving again when officers arrived.

"One of the problems we have is that we can’t start timing the train when we get the call to dispatch," Parker said. "We have to get there and witness the train blocking the road."

State law says a train company can be fined $100 for blocking a road for more than 10 minutes but less than 20. More than 20 minutes but less than 30 rates a fine of $300.

A training blocking the way for more than half an hour can be ticketed for $600 and another $600 for every half hour after that. The citations are issued through Cowley County District Court, so none of the money would end up in city coffers.

Both Parker and Porter agreed the ticket-writing may or may not be effective. Rail companies can appeal the tickets or protest against paying them and pursuing the matter further would be up to county prosecutors.

As long as a train conductor is follow specific orders from the rail company, the company is fined but not the conductor.

Porter recommended placing a call to the railroad company for anyone who continues to be delayed by the passing trains.

The city has contacted Southern Kansas and Oklahoma Railroad, who Parker said explained that part of the issue is not having permission to use a nearby switch yard at 5th and Main.

That switch yard belongs to another company and so Southern Kansas has no place but the main track to make adjustments or uncouple train cars.

A call to railroad officials was not immediately returned Thursday afternoon. If we hear back from the company we’ll share their comments in an update.