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[CNJRoss]

Railway Age, 6/21/19
 

Ohio measure would require two-person crews

 

 

In response to the Federal Railroad Administration canceling a Notice of Proposed Rulemaking (NPRM) that would require a two-person crew in locomotives, the state of Ohio is upping the stakes.

 

House Bill 186 would make a two-person crew a requirement in Ohio and also lays out fines for those railroad companies who do not follow the law.  .  .  .  

 

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The measure also will require railroads to illuminate rail yards as outlined by the Illuminating Engineering Society of North America and to construct walkways next to tracks wherever employees perform switching activities. Trains would not be able to block grade crossings for emergency vehicles. If a train delays an emergency vehicle, the railroad company could be fined up to $5,000.

 

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[CNJRoss]

BLET news flash
 

Illinois governor signs two-person crew bill

 

 

INDEPENDENCE, Ohio, August 13 — Illinois Governor J.B. Pritzker signed a two-person crew bill into law on August 9, becoming the third state to pass such a railroad safety bill in 2019.

Senate Bill 24, or the “Two Person Freight Train Act,” provides that: “no rail carrier shall operate a train or light engine used in connection with the movement of freight unless it has an operating crew consisting of at least 2 individuals. Provides that the minimum freight train crew size shall remain in effect until a federal law or rule encompassing the subject matter has been adopted.”

The intent of the bill is to protect public safety. It reads in part: “It is the public policy of the State of Illinois to enhance public safety by establishing a minimum freight train operating crew size to address the transportation of all freight, including, but not limited to, hazardous and volatile materials, on the railroads of Illinois. The transportation of this freight, coupled with substantially longer trains, creates significant health, safety, and security concerns for local communities. Adequate railroad operating personnel are critical to ensuring railroad operational safety and security and in supporting first responder activities in the event of a hazardous material incident, grade crossing incident, or mechanical failure.”

It passed in the Senate following its third reading on April 11, 2019, and passed in the House following its third reading on May 21. The bill was referred to the Governor’s office on June 19.

BLET Illinois State Legislative Board Chairman Paul Piekarski spent months lobbying for passage of the bill, and delivered key testimony before a major hearing of the Illinois House Transportation, Roads and Bridges Committee on May 7, 2019. Also testifying were Bob Guy and Mike Renkin of SMART TD. Several BLET members were seated in the hearing room, including: BLET Illinois SLB 1st Vice Chris Falaney, Division 683; BLET Illinois SLB 2nd Vice Chairman Rick Leschina, Division 32; BLET Illinois SLB 3rd Vice Chairman Cory Martin, Division 135; Legislative Representative Jacub Szyzdek, Division 458; and Legislative Representative Nick Billingsley, Division 251. The bill passed out of committee by a 9-4 vote.

Brother Piekarski thanked Governor Pritzker for signing the bill. Piekarski also thanked the bill’s two main sponsors: State House of Representatives Assistant Majority Leader Jay Hoffman (D-113) and State Senate Assistant Majority Leader Terry Link (D-30).

Rep. Hoffman said the bill is in response to lacking federal and state guidelines, coupled with rising concerns on the adequate number of crew members needed to operate freight trains in Illinois. “This bill is an effort to ensure that freight train engineers have the necessary support and flexibility they need to adapt in situations of mechanical breach or failure,” he said. “This is a huge public safety issue.”

The law becomes effective January 1, 2020.

Illinois becomes the third state in 2019 to pass a railroad safety bill mandating two crew members in the locomotive cab. Colorado Governor Jared S. Polis signed a two-person crew bill into law on March 21, and Nevada Governor Steve Sisolak signed one on May 15.

“I would like to recognize Brother Piekarski and all BLET members who worked so hard to lobby for passage of this much needed safety legislation,” BLET National President Dennis R. Pierce said. “Legislation such as this proves that American citizens and their elected leaders have a great deal of concern regarding the safety of railroads that travel through our country. They understand the need to have adequately staffed trains in order to maintain the highest levels of safety.”

A copy of the bill can be found here.

 

 

[CNJRoss]

RT&S 8/16/19
 

Federal ruling on freight train crew size has states and unions up in arms

 

 

On May 29 of this year, the Federal Railroad Administration (FRA) withdrew from its notice of proposed rulemaking (NPRM) on the issue of the number of crew members on a freight train.  According to the Federal Register, the FRA said “In withdrawing the NPRM, FRA is providing notice of its affirmative decision that no regulation of train crew staffing is necessary or appropriate for railroad operations to be conducted safely at this time.”  Later in the notice of withdrawal, the FRA says ” . . . this notice of withdrawal provides FRA’s determination that no regulation of train crew staffing is appropriate and that FRA intends to negatively preempt any state laws concerning that subject matter.”

 

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[CNJRoss]

FreightWaves, 8/14/19
 

States seek to overturn federal directive on freight train crew size

 

 

The states of Illinois, Nevada and Washington are among the latest states that have decided to fight a federal order that prevents states from passing laws that would require freight trains to have a train crew size of at least two individuals.

 

Nevada has filed a petition with the U.S. Court of Appeals for the Ninth Circuit asking the court to review a May action by the Federal Railroad Administration (FRA) that prevents states from passing laws mandating train crew size. 

 

The FRA had said in May that it was no longer seeking a proposed rulemaking requiring freight trains to have more than one crew member under certain conditions. The agency said its decision to withdraw the proposed rulemaking on train crew sizes also preempts the state laws that mandate otherwise.

 

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“After a lengthy and thorough process of evidence collection and analysis, a public comment period and a public hearing, the FRA concluded that a federal crew size regulation was unnecessary and inappropriate because there is no data suggesting two-person crews are safer than one,” AAR said.

 

AAR continued, “The federal rail safety regulator made clear that its decision was intended to preempt any state legislative action on the matter, consistent with federal law and the national transportation policy of a uniform federal system of rail safety regulation.”

 

Train crew sizes and longer trains

 

The debate over train crew size continues amid concerns by the union and some politicians that the safety concerns that could come from longer trains warrant crew sizes of at least two people. A Senate bill was introduced earlier this summer addressing train crew size, while the Illinois legislation cites longer trains for the bill’s rationale. 

 

The transportation of hazardous and volatile materials on trains, “coupled with substantially longer trains, creates significant health, safety and security concerns for local communities,” the bill said. “Adequate railroad operating personnel are critical to ensuring railroad operational safety and security and in supporting first responder activities in the event of a hazardous material incident, grade crossing incident or mechanical failure.”

 

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[CNJRoss]

Altoona (PA) Mirror, 9/5/19
 

Lawmakers question one-person rail crews

House Transportation Committee members discuss safety issues

 

 

It can be mind-boggling to consider that trains — which may weigh tens of thousands of tons and stretch for miles — can be controlled by a crew of one.

 

It can be equally mind-boggling to consider that cars have been driving around parts of the country — including Pittsburgh — in recent times with nobody at the controls.

 

Those ways of thinking converged like tracks in a rail yard at a hearing last week of the State House Transportation Committee in Altoona.

 

Committee member Martina White, R-Philadelphia, in 2016 introduced a bill that would require at least two crew members in the cab of freight trains, a proposal that potentially conflicts with long-term plans by Norfolk Southern and other railroads to deploy one-person locomotive crews — in keeping with the withdrawal in May by the Federal Railroad Administration of a 2016 proposal to require at least two crew members.

 

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[CNJRoss]

Courthouse News Service,  9/30/19
 

Judge Asked to Put Brakes on Illinois Freight Train Crew Rule

 

 

(CN) – Freight train organizations want a federal judge to prevent Illinois from enforcing a law that sets a minimum of two people per crew because they say it violates federal law and there is no evidence the new rule would improve safety.

 

Indiana Rail Road Company claims in a lawsuit filed Monday in Chicago federal court that federal regulations preempt the crew size law that Democratic Illinois Governor J.B. Pritzker signed in August. The company and two other groups asked the court to bar the law as void and unenforceable. The new state regulation is set to take effect Jan. 1, 2020.

 

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[CNJRoss]

Progressive Railroading, 1/31/20

 

 

New York state lawmakers introduce bill to mandate two-person train crews

 

 

Two New York state lawmakers have introduced legislation that would require all freight trains to have a minimum of two-person crews.

State Senate Bill S7151 was introduced earlier this month by State Sen. Timothy Kennedy (D) and a companion bill was introduced by State Assemblyman William Magnarelli (D), according to a press release issued by the Brotherhood of Locomotive Engineers (BLET).

 

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[CNJRoss]

FreightWaves, 2/3/20
 

Four more state legislatures introduce train crew bills

 

 

Virginia, Missouri, New York and Wyoming state legislators are considering whether to require freight trains to have a minimum train crew size, which they say would make operations safer.

 

In Virginia, the debate over crew size has been steadily progressing through the General Assembly. On Jan. 22, the House of Delegates passed a bill on a 61-31 vote, with one abstention, requiring a minimum train crew size. The bill, HB 440, is now in the Senate, where it has been referred to committee. Virginia Delegate and Democrat Steve Heretick, who represents an area that includes portions of Norfolk, Portsmouth and Chesapeake, introduced the bill.

 

In other states, the bills addressing train crew size have just been introduced.  .  .  .

 

Continue here w/audio report.

[CNJRoss]

BLE News Flash
 

Two-person crew bill passes Wyoming House; goes to Senate

 

 

INDEPENDENCE, Ohio, February 27 — The state of Wyoming’s House of Representatives passed a bill today requiring a minimum crew size. House Bill No. HB0079 would require two crewmembers in the cab of locomotives throughout the state, and would establish financial penalties of up to $10,000 for railroads that willfully violate the proposed law. The bill now moves on to the State Senate.

The bill was introduced in late January by Rep. Stan Blake (D-39), who is also a Union Pacific employee. Initial co-sponsors of the bill included a strong bipartisan group of Representatives and Senators, including: Representatives Jim Blackburn (R-42), Scott Clem (R-31), Shelly Duncan (R-05), Jamie Flitner (R-26), Tim Hallinan (R-32), Hans Hunt (R-02), Sandy Newsome (R-24) and Clarence Styvar (R-12); and Senators Stephan Pappas (R-07), Chris Rothfuss (D-09), Wendy Schuler (R-15) and Michael Von Flatern (R-24). Sen. Rothfuss serves as Senate Minority Floor Leader.

Fines for violating the proposed law would range between $250-$1,000 for a first offense and up to $10,000 for a third offense within a three year period.

Brother Cory Runion, Chairman of the BLET’s Wyoming State Legislative Board, thanked Rep. Blake for introducing the bill and thanked all co-sponsors. Brother Runion said he expects that there will be opposition in the State Senate and he is urging all active and retired BLET members — along with friends and family — to get involved and email their Senators personally about the two-person crew bill.

To find the email address for your Wyoming Senator, please click here:
https://www.wyoleg.g...islators/2019/S

Brother Runion advises that Wyoming legislators are good about reading and answering their emails. Brother Runion also noted that, when emailing your State Senator, it is important to include your name, where you live, and advise them that you are a constituent of theirs asking them for support of the railroad safety bill, HB0079. Also, it would be helpful if active or retired members could write a short paragraph including a personal experience about why two-person train crews are so important to safe operations on the railroad. As always when communicating with any of your Legislators, please be polite and thank them for their time.

In 2019, state governors in Illinois, Nevada and Colorado signed two-person crew bills into law in an effort to make train operations in their states as safe as possible. In addition to Wyoming, similar legislation is moving forward in the states of New York and Virginia.

 

 

[CNJRoss]

BLET news flash:
 

Minimum crew size bill awaits vote in Washington State Senate

 

 

 

INDEPENDENCE, Ohio, April 16 — The BLET Washington State Legislative Board, in conjunction with the SMART-TD Washington Legislative Board, has been lobbying the Washington State Legislature in support of legislation that would require two qualified crew members on trains operating in the state of Washington. Recently, this legislation (HB 1841) passed the State Assembly and will soon be voted on by the State Senate.

 

 

 

BLET news flash 3/3/20
 

BLET-backed two-person crew bill advances in Washington state

 

 

INDEPENDENCE, Ohio, March 3 — The BLET Washington State Legislative Board, in conjunction with the SMART-TD Washington Legislative Board, has been lobbying the Washington State Legislature in support of H.B. 1841, a bill that would establish a minimum crew size on certain types of trains. The measure has already passed the House, and members who live in the state of Washington are being urged to call their State Senators and ask them to support the bill.

Also known as the Safe Train Crew Size Bill, H.B. 1841 would require two qualified crew members on trains operating in the state of Washington. The bill passed the House by a vote of 65-30 on January 30. The State Senate’s Labor and Commerce Committee held a Public Hearing, where it received a favorable vote of 6 yeas and 3 nays. Brother Shahraim C. Allen, BLET Washington State Legislative Board Chairman, said State Senator Steve Conway will champion this bill, and will introduce an amendment that will further strengthen the language of the legislation.

Brother Allen also reports that railroad corporate lobbyists are working in fierce opposition to these necessary safety requirements. Brother Allen is urging all BLET Members, Auxiliary and their families in the state of Washington to immediately contact their State Senator, inform them you are a constituent of theirs and politely ask them to support HB 1841 (the Safe Train Crew Size Bill) so that it may continue advancing through the legislative process.

To contact your Washington State Senator’s office via phone, please call the Legislative Hotline at 1-800-562-6000. If you wish to contact your State Senator by email, this information may be found online at: https://app.leg.wa.g...berEmail/Senate

This call only takes a few minutes to make and will certainly have a far reaching impact in determining how he or she will vote on this bill. You may not actually talk with your Senator, so please be respectful to their staff member, just as you would if speaking with your legislator personally. Encourage supportive family members and friends to also get involved! If you are unsure how to express your support of this legislation when on the call, an example of sample language for you to use is as follows:

“My name is (Name) and I live at (Address). As a constituent of the Senator, I am calling to ask that (he or she) please vote in favor of HB 1841 – Establishing Minimum Crew Size on Certain Trains, the Safe Train Crew Size Bill. Thank you.”

In addition to Washington, two-person train crew bills are advancing in the states of Virginia, Missouri, New York and Wyoming. In 2019, state governors in Illinois, Nevada and Colorado signed two-person crew bills into law in an effort to make train operations in their states as safe as possible.