Blocked crossing laws
How long can a train block a crossing in North Dakota?
North Dakota law limits a train to 10 minutes blocking a road crossing, under N.D. Cent. Code § 49-11-19; § 49-11-19.1. We found no North Dakota court ruling on this limit. Courts elsewhere have held similar limits preempted by federal law, so it may not be enforceable against railroads. Checked 16 October 2026.
The rule
North Dakota law says a person may not run a train in a way that keeps vehicles from using a road for more than ten minutes in a row. The state Public Service Commission says federal law likely makes this rule not enforceable.
Exceptions and local rules
A train may block longer to obey train signals, to avoid hitting an object or person on the track, when the train is disabled, when the train is moving (unless switching, loading or unloading), when no vehicles are waiting, to comply with another law or regulation, or under a written agreement with the government that controls the road. The section does not apply in a city that has its own ordinance on the subject. A violation is a class B misdemeanor, and local police issue the citation. Section 49-11-19.1 says a train that must block one of two crossings should, where feasible, leave open the one with active warning devices.
A person may not operate any train in a manner as to prevent vehicular use of any roadway for a period of time in excess of ten consecutive minutes except:
Does federal law override it?
No federal law sets a time limit for a train blocking a crossing. Federal law does control how railroads run trains, and courts have used it to set aside state time limits.
When a court holds a state limit preempted, the state cannot enforce it against the railroad. A limit no court has ruled on is still on the books, but railroads may challenge it the same way.
Where to report a blocked crossing
The Federal Railroad Administration (FRA) takes blocked crossing reports from the public for every state.
Report to the FRA blocked crossing reporter
North Dakota has its own page about blocked crossings: the North Dakota Public Service Commission page.
If a train is blocking the crossing right now, call the railroad on the number shown on the blue sign at the crossing.
Crossings in North Dakota
North Dakota has 3,290 public crossings in the FRA crossing inventory.