Blocked crossing laws
How long can a train block a crossing in South Dakota?
South Dakota law limits a train to 20 minutes blocking a road crossing, under S.D. Codified Laws § 49-16A-119; § 49-16A-94. We found no South 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
South Dakota law says a standing railroad engine or car may not block a road crossing for more than 20 minutes in a row when it is blocking the path of an emergency vehicle on an emergency trip.
Exceptions and local rules
The limit applies only when an emergency vehicle on an emergency trip is blocked. It does not apply when the train is disabled and cannot be moved without striking an object or person on the track. A violation by a railroad corporation is a Class 2 misdemeanor. Under 49-16A-94, a railroad employee is not liable when the blocking is required to comply with a state or federal rule or order.
A standing railroad engine or car may not occupy or block any street, road, or highway grade crossing for more than twenty consecutive minutes, if the path of any emergency vehicle making an emergency trip is blocked by the railroad engine or car
Read the statute: S.D. Codified Laws § 49-16A-119; § 49-16A-94
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
We found no South Dakota state page for blocked crossing reports, so the FRA reporter is the place to report.
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 South Dakota
South Dakota has 1,875 public crossings in the FRA crossing inventory.