(The Arizona Republic posted the following article by Edythe Jensen on its website on May 14.)
PHOENIX, Ariz. — In unprecedented action against a national railroad company, the Arizona Corporation Commission on Tuesday fined Union Pacific $100,000 and ordered it to fix eight dangerous Valley rail crossings by mid-July.
Four are in downtown Chandler; the others are in unincorporated areas southwest of Phoenix.
The crossings are in such serious disrepair that they endanger motorists and could damage vehicles, commissioners said. And the railroad has for years ignored pleas by cities, counties and the state to fix them, commissioners added.
“You don’t seem to be interested in being accountable,” Commission Chairman Marc Spitzer told railroad attorney Anthony Hancock before the 5-0 vote to require the repairs. “We should have stepped in years ago,” Spitzer said.
Heather Murphy, the commission spokeswoman, said the fine is the highest railroad safety-related fine in commission history.
The commission brought the complaint against Union Pacific last year, alleging the company violated Arizona law by failing to maintain its crossings, which have crumbling pavement, teeth-chattering bumps for motorists and tire-puncturing pieces of metal protruding from the ground.
The railroad claimed it shouldn’t have to pay to reconstruct crumbling crossings because most of the damage was caused by vehicle traffic, not trains.
But a commission ruling said state law holds railroads responsible for maintaining their crossings, and maintenance includes reconstruction.
Commissioners denied Hancock’s request for more time to fix the crossings.
“You’ve already dragged this case out for a year and a half,” Spitzer said.
Hancock said the railroad is also at odds with growth as new roads create the need for new crossings. “This exposes us to new liability every day, to additional expenses every day,” he said.
Residents can report problems at rail crossings, excluding damage complaints, to the Corporation Commission at (602) 262-5601.
Crossing-related property damage complaints are directed to Union Pacific at 1-800-638-3891.