Krentz v. Consolidated Rail Corp

In Krentz v. Consolidated Rail Corp., 589 Pa. 576, 599, 910 A.2d 20, 34 (2006), a vehicle operator crashed his car into a train that was stationary and completely blocking the railroad crossing. Krentz brought a negligence per se claim against Conrail. The Pennsylvania Supreme Court determined that 18 Pa. C.S. 6907, which prohibits trains from blocking railroad crossings in Pennsylvania, is preempted by the FRSA. This is because the FRSA regulations governing inspection and testing for train brake systems cover the subject matter of 18 Pa. C.S. 6907 and, further, are incompatible with 18 Pa. C.S. 6907, because that section requires trains to keep moving while the FRSA brake system regulations direct trains to remain stationary.