Freight railroads ask courts to throw out new rule requiring two-person crews on trains

FILE - A Union Pacific train engine sits in a rail yard on Wednesday, Sept. 14, 2022, in Commerce, Calif. The identical challenges of the Federal Railroad Administration's rule were all filed this week in different appellate courts on behalf of Union Pacific, BNSF and two short line railroads — the Indiana Railroad and Florida East Coast Railway.

Most of those railroads did not immediately offer additional explanation for why they don't like the rule, but the industry has long opposed such a regulation and the Association of American Railroads trade group said last week that the rule was unfounded and not supported by safety data. The Indiana Railroad — like many short lines across the country — already operates with one-person crews, but the major freight railroads all have two-person crews that their union contracts require.

BNSF deferred comment to AAR, and the two smaller railroads did not immediately respond to messages Thursday.for years all argue there are clear safety benefits to having two people in the cab of locomotives to help operate the train because they can keep each other alert and the conductor can respond immediately to any problems they encounter, including serving as the initial first-responder to a derailment.

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