House passes railroad crossing safety measure

Members of the House voted to pass legislation yesterday that would improve safety at railroad crossings across Kentucky. Representative Josh Calloway (R-Irvington) and Representative Nancy Tate (R-Brandenburg) are the primary sponsor and cosponsor of House Bill 311, which would require railroad companies to clear obstructive vegetation along public railroad-highway grade crossings.

“Overgrown vegetation can block a driver’s view at railroad crossings, making it difficult to see approaching trains,” said Calloway. “House Bill 311 would make railroad crossings in Kentucky safer by requiring railroads to remove obstructive vegetation.”

When Calloway and Tate spoke about the legislation before the House Transportation Committee last week, they were joined by Tanya Serna, a Vine Grove resident who was personally affected by the issue. In 2020, Serna’s son, Hunter, was killed when a train struck the car he was riding in at a railroad crossing with overgrown vegetation that obstructed visibility. In the wake of this tragedy, she dedicated herself to raising awareness about the dangers posed by obstructive vegetation at railroad crossings and advocating for legislation to improve safety and prevent similar tragedies.

HB 311 would require a railroad company to destroy or remove plants, trees, brush, or other obstructive vegetation along its tracks at each public railroad-highway grade crossing for 250 feet in each direction. Importantly, a railroad company would not be authorized or required to enter private property to remove vegetation located on private property. If conditions make compliance impossible, impractical, or unnecessary, the railroad company would be allowed to petition the Kentucky Transportation Cabinet (KYTC) to waive or modify the requirements by providing written notice, which KYTC would have the ability to deny or modify.

If a railroad company fails to destroy or remove obstructive vegetation, KYTC or the applicable local government would be allowed to send a written notice requiring the obstructive vegetation be removed within 30 days of receiving the notice. If a railroad company still fails to comply, KYTC or the local government would be required to remove the obstructive vegetation and recover the costs of vegetation removal from the responsible railroad company.

“Obstructive vegetation has led to preventable accidents and tragedies at railroad crossings in our state,” Tate added. “Holding railroad companies responsible for maintaining visibility at railroad crossings is a key step toward reducing accidents and saving lives.” 

34 other states have adopted similar legislation to improve safety at railroad crossings.

HB 311 now heads to the Senate for consideration. For more information on HB 311 and to keep track of its progress throughout the 2026 Regular Session, please click here or visit legislature.ky.gov.