CEI Launches Challenge to US Two-Person Rail Crew Bill

WASHINGTON, UNITED STATES – A coalition of free-market advocacy groups led by the Competitive Enterprise Institute submitted a formal letter to U.S. Senate committee leaders opposing the inclusion of the Railway Safety Act in upcoming transportation legislation. The proposed statute would legally prohibit Class I freight carriers from operating trains with fewer than two crew members, a restriction opponents state will inflate shipping tariffs. Opponents stressed that the February 2023 hazardous material derailment in East Palestine, Ohio, involved a three-person operating crew, disputing claims that staffing floors prevent major accidents.

What Does This Regulation Cover?

The Railway Safety Act establishes statutory operating constraints across the United States freight railway network, centered on a mandatory requirement for at least two qualified crew members in the locomotive cab. The proposed statute restricts rail operators from deploying single-person operations or testing fully automated mainline haulage systems. In addition to crew staffing rules, the legislative package proposes heightened safety standards for wayside defect detectors, increased inspection frequencies, and expanded regulatory authority over trains carrying hazardous materials. Opponents argue that locking legacy crew configurations into federal law restricts rail operators from adopting advanced track and train automation technologies while elevating operational overhead across the logistics sector.

Key Regulatory Data

How Does This Compare to Global Standards?

International regulatory authorities increasingly favor risk-based oversight frameworks and digital diagnostics over statutory minimums for onboard crew staffing. In the United Kingdom, the Department for Transport established a dedicated Transport Resilience Division to manage infrastructure and operating threats through coordinated risk assessments rather than prescriptive staffing legislation (Source: Department for Transport, 2025). Domestically, the legislative friction arrives during a freight traffic downturn, with total rail volumes down 3.6% compared to 2025 levels, caused by a 3.3% decrease in carloads and a 3.8% contraction in intermodal shipments (Source: FreightWaves, 2025).

Note: Independent verification of the precise compliance cost estimates cited by the coalition was not publicly available at time of publication.

Editor’s Analysis

Enshrining crew headcounts into statute risks detaching safety policy from rapid advancements in automated track inspections and digital braking technologies. With the global rail freight market projected to expand from USD 325.0 billion in 2025 to USD 504.7 billion by 2035 (Source: Grand View Research, 2025), North American operators risk losing freight share to highway carriers if fixed staffing rules increase unit operating costs. Sustainable safety improvements are more effectively achieved by expanding sensor-based wayside diagnostic networks than by mandating cab occupancy quotas.

FAQ

Q: What is the main argument against the Railway Safety Act’s crew size mandate?
A: Industry groups argue that requiring two-person crews raises freight shipping costs without providing measurable safety improvements. The Competitive Enterprise Institute pointed out that the 2023 East Palestine, Ohio derailment occurred with three crew members on board the locomotive.

Q: What specific operational restriction does the Railway Safety Act introduce?
A: The legislation bars freight railroads from operating trains with fewer than two crew members, restricting autonomous locomotive testing and single-crew operations. The bill also introduces tighter oversight on wayside hotbox detectors and hazardous material shipments.

Q: When will the U.S. Senate decide on the Railway Safety Act provisions?
A: Congressional committees are deliberating whether to attach the measure to the next federal surface transportation reauthorization bill. A final vote date on the legislative package has not been officially confirmed.