TOPEKA, Kan. — The state of Kansas on Wednesday enacted rules requiring two-person crew for freight trains, but the new administrative action could be challenged in court.
Gov. Laura Kelly said in a press release that the new requirement “will protect workers from the effects of fatigue, prevent train derailments, and reduce risks in the many Kansas communities along our railroad tracks.”
But a spokeswoman for the Association of American Railroads told the Associated Press that that such rules “lack a safety justification.” Spokeswoman Jessica Kahanek would not speculate whether railroads would sue to challenge the rule. The AAR filed suit in June over Ohio’s two-person crew requirement, arguing that federal law preempts state action and that studies have found one-person crews are as safe as those with more people [see “AAR sues to block Ohio crew-size law,” Trains News Wire, July 7, 2023].
Kelly directed the state’s Department of Transportation to propose the rule in May [see “Kansas governor calls for regulation …,” News Wire, May 7, 2023]; a 60-day comment period was required before it could be enacted. When the proposal was announced, the Kansas City Star reported it had no enforcement mechanism.
In a post on the social media site X, formerly Twitter, Kelly thanked the International Association of Sheet Metal, Air, Rail and Transportation Workers for its role in enactment of the rule. SMART International President Jeremy Ferguson, who met with Kelly to mark the start of the new rule, said in a press release that the regulation “is monumental for the safety of all Kansans and for our crews that operate day in and day out within this great state,” and thanked Kelly “for directing her agency to promulgate this rule, and we are also very rpoud of her longstanding leadership on rail safety.”
The AP reports that Arizona, California, Colorado, Minnesota, Nevada, Washington, West Virginia, and Wisconsin are the other states that currently require two-person crews.
— Updated Oct. 16 to correct accompanying image.
The west bound train in the photo is on the KCT Argentine Connection. The middle level is the KCT High Line. Tracks in the foreground are BNSF (ex BN, nee SLSF), which cross the KCT at BN-Xing. Everything visible in the photo is in Missouri, not Kansas! The state line is off to the left out of the photo.
I have just looked at this on Google Maps and stand corrected. I had misread my location at the time. I will correct the location in the caption and find a more accurate illustration. — David Lassen
Problems affecting airliners during so called non critical phases of flight are not rare and require 2 pilots to safely resolve.
Here we go again, politicians regulating an industry they don’t understand and know nothing about.
Let me tell you something, I’ve been working out here for over 15 years between the “black n white horse” and currently the “orange pumpkin” and if you saw the way these class 1 railroads are ran by the top brass, you’d be replacing “politicians” with “railroad upper management”. Here I’ll do it for you:
“Here we go again, railroad upper management running an industry they don’t understand (or care too) and seem to know nothing about.”
When top management’s number one concern is “saving fuel” even though they’re adding “fuel surcharges” to every customer’s bill, and slowing Mainline traffic down to 20 – 30 MPH when 60 MPH is track speed, they show you who they’re more concerned with, ala Wall Street, then the very people they should be concerned with, ala the customer. That’s OK. The “Female Railroader of the Year” will be “promoted” to BH sooner, rather than later, if she doesn’t stop losing customers as well as shareholders profits. Business is down almost 20% since she’s taking control. Uncle W will only put up with that for so long. PC only goes so far, and it doesn’t trump “green backs”.
Does anybody remember the camper the D&H had near Lanesboro PA where the third brakeman, required by NY State, got off and waited for the next train back to the Empire State?
I remember. But that entailed a six man crew in the fireman era. Not sure what the specific criteria are for the Kansas reg. but insofar as over the road operations, I think a two man crew is wise. The article states there is no enforcement mechanism – at least at present.
I lived and worked at Susquehanna, PA for Conrail (former E-L Rwy mainline) from 77-83, but I don’t recall seeing that cabin, which I have to guess, would have been close to the Starrucca Viaduct interchange between D&H and Conrail at that time.
IIRC, the D&H couldn’t operate certain freight trains with over size cars directly from Colony (near Albany) to Binghampton, NY, due to an old undersized tunnel restriction, so they would switch over to the Carbondale/ Scranton, PA line at Bainbridge,NY, in order to interchange with Conrail via trackage rights, in order to continue to west to Binghampton, NY, a long roundabout maneuver, where an extra brakeman may have been assigned to do the pulling and shoving of cars at Starrucca Viaduct due to an unfavrable trailing point interchange switch near Lanesboro, PA, and then have to double back to Binghampton, NY. That’s my best guess???
I understand there have been many changes there since, such as the D&H mainline tunnel was finally made oversize or made into a cut? And the D&H Carbondale line was finally torn up from Lanesboro to Carbondale. Not sure about the Bainbridge to Lanesboro part? All that enabled the D&H to finally become part of CPRR, and I believe today NS, continuing from Binghampton, NY south to Scranton, PA efficiently on the former D.L.&W. RR (E-L) mainline via the Nicholson Viaduct, and then continue further south via other trackage rights to the former RF&P connection near Wash. DC.
Does this law affect switching or just mainline? Both freight and passenger? What about light rail or subways (any in Kansas?). Remote control; of switch locos? Will inspectors meet each train entering Kansas to insure compliance? Sounds like a strictly political move, not based on reality.
Since Mass Transit operations don’t fall under the jurisdiction of the FRA I think that’s a mute point! I believe the two man crew doesn’t say that both the engineer and conductor have to be in the same unit so Amtrak operating crew who operate with just an engineer up front should be fine! Why is the rail engineer so desperate to get rid of Conductors on trains that can be over a mile long! A second crew man is very helpful in breakdown situations in the middle of nowhere and improve operational security aspects in remote areas! These trains are hauling hundreds of millions worth of goods and have many things that can go wrong with them! I bet these same railroad administrators wouldn’t set foot on a 777 or A350 with just a single pilot on board so why would they feel comfortable sending a .ile long freight train out there with just an engineer (Not in any way degrading the importance of a highly trained engineer or stating he/she can’t get a train down the rails alone)!
Mr. Bellamy, Airbus is pursuing research into certification of airliners for single-pilot operation during “non-critical” phases of flight.