Facts about the INVEST in America Act’s 2PC provision

Published: June 12, 2020

To help combat the spread of misinformation concerning the Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act, Alternate National Legislative Director Jared Cassity has provided the following facts regarding the two-person crew provision in the bill.

The INVEST Act delivers on Two-Person crews

The INVEST Act, as written, requires a certified locomotive engineer and certified conductor on most freight trains. According to the bill, there are instances that a train may be operated with a reduced crew. Exceptions are listed below:

A freight train may be operated with a reduced crew, if:

  • The train operations are within a rail yard, terminal area, or on auxiliary or industry track
  • It does not exceed a maximum speed of 25 mph on territory with an average track grade of less than 2% for any segment of track that is at least two continuous miles
  • The locomotives are performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including to or from the location where assistance is provided
  • The locomotives are not attached to any equipment (except a caboose) and do not travel further than 30 miles from a rail yard
  • A location where one-person operations were being utilized one year prior to the date of enactment of this bill, only if the DOT Secretary determines that the operation achieves an equivalent level of safety (Note: The Secretary of the DOT is appointed by the President of the United States)

SHORT LINE EXCEPTION

In addition to the above, a train may be operated with a reduced crew, if:

  • The carrier has fewer than 400,000 total employee work hours annually and an annual revenue of less than $20,000,000

A TRAIN MUST BE OPERATED BY A TWO-PERSON CREW (NO EXCEPTION), IF:

  • It is transporting one or more loaded cares carrying material toxic by inhalation
  • It is carrying 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block
  • It has 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout its consist
  • It is 7,500 feet in length or longer

The INVEST Act is poised to be the most significant piece of rail-related legislation this generation of railroaders has seen since the passage of the Federal Railroad Safety Act of 1970.