FRA denies railroads’ request to run without watchdog technology

WASHINGTON, D.C. — Five railroads recently requested a special waiver to run their trains free from the oversight of the mandated safety technology Positive Train Control (PTC). The Federal Railroad Administration (FRA) denied their request in part due to union objections.

Greg Hynes, SMART-TD’s national legislative director, explains that “our opposition was grounded in a commitment to protect our members and the public from the risks associated with operating trains without PTC.”

Class I carriers BNSF and Norfolk Southern, and passenger carriers South Florida Regional Transportation Authority, Caltrain, and the New Mexico Rail Runner Express requested the waivers. Railroads often request waivers to critical regulation that protect the communities through which they operate, but that can impact their operating expenses. In this case, the expense of keeping critical safety technology in good working order. Deferring that maintenance is one way they can cut costs.

Waivers such as this one is one strategy the railroads employ to undermine the regulations they perceive as burdensome; despite the positive impacts the rules have on public and worker safety. Freight carriers often prioritize production over safety, as they were trying to increase the speed of trains without the vital safety overlay of PTC.

“The FRA’s denial of this waiver request is a victory for rail safety and underscores the importance of adhering to established safety protocols,” Hynes said.

Jared Cassity, SMART-TD’s Alternate Legislative Director, added, “SMART-TD will continue to be a vigilant watchdog in the FRA’s public comment process. We are dedicated to ensuring that safety regulations are not compromised and that our members work in environments where safety is not negotiable.”

SMART-TD, alongside the Brotherhood of Railway Signalmen (BRS), the AFL-CIO’s Transportation Trades Department (TTD), and the Brotherhood of Locomotive Engineers (BLE), opposed the request.

SMART-TD closely monitors the FRA’s public comment process as part of the union’s unwavering commitment to rail safety. Our members are the most at risk, which is why we continuously advocate for regulations that prioritize the well-being of rail workers, the safety of rail operations, and the communities in which we operate.

The railroads’ waiver was under review through FRA Docket Numbers FRA-2010-0039, FRA-2010-0045, FRA-2010-0051, FRA-2010-0056, and FRA-2010-0060.

SMART-TD is the Transportation Division of the Sheet Metal, Air, Rail and Transportation Workers union. The union is the largest rail union in the United States and represents several operating crafts.

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