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.
SNIP
“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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