Two prominent rail unions commended the proposed rule announced on Friday, which would enhance the standards for certifying that crews are capable of operating trains safely.
The government expressed concerns after inspecting two Texas railyards near the border last fall, focusing on the railroads affected by these regulations concerning Mexican crews — CPKC and Union Pacific. Both CPKC and the Association of American Railroads chose not to comment while reviewing the rule.
“We share the same objectives — secure and safe operations that maintain a fluid supply chain,” Union Pacific stated. “We will continue our collaboration with federal partners throughout the regulatory process.”
Inspections highlighted language issues
Following inspections that revealed multiple instances of train crews struggling to understand English, the Federal Railroad Administration sent letters to both CPKC and UP in December. The government urged these railroads to reassess their practices and ensure that Mexican crews can communicate in English and do not operate trains more than 16 kilometers into the U.S.
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The Federal Railroad Administration noted that there are concerns about Mexican crews bringing trains into Union Pacific’s Eagle Pass rail yard and CPKC’s facility in Laredo, as they faced difficulties in comprehending operational bulletins and U.S. regulations regarding hazardous materials and emergency procedures, which must be in English.
Both UP and CPKC have committed to adhering to the existing regulations, including ensuring Mexican crews do not travel more than 16 kilometers into the United States. However, the federal government seeks to bolster the rules “because railroad crews must be able to communicate fully and accurately when crossing into the United States, particularly with dispatchers and emergency responders during emergencies, as a critical safety function.”
Rail unions and the Transportation Department express concerns
This rail safety initiative closely aligns with the Transportation Department’s efforts to ensure that truck drivers can understand English, as this ability is crucial for reading road signs, warnings, and effectively communicating with first responders during accidents or inspections. The government has threatened to withhold millions in highway funding from New York and California due to dissatisfaction with the measures those states have taken to validate the commercial driver’s licenses they issue.
Mark Wallace, the national president of the Brotherhood of Locomotive Engineers and Trainmen union, has raised concerns over the practice of employing Mexican train crews for several years, citing safety, security, and job-related issues.
The union has indicated that handoffs traditionally occurred right at the border; however, Union Pacific and CPKC now frequently request Mexican crews to bring trains several miles into the U.S. to railyards, where crew switches can occur more safely. Yet, the firm 16-kilometer limitation in this new rule will prevent the railroads from extending this practice to railyards further into America, which the union claims UP was contemplating in New Mexico.
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“Trains coming from Mexico, operated by foreign crews, could not communicate with dispatchers in English, and this language barrier presented a hazard in the event of a derailment or other incidents,” Wallace stated.
Trains began crossing the border to curb smuggling
The railroads contend that the practice of using Mexican train crews to transport trains into U.S. railyards was established in 2018 with the first Trump administration’s approval to tackle smuggling issues. When trains halt at the border, smugglers often attempt to conceal drugs or other contraband onboard, and immigrants may try to board to enter the United States.
It is also standard procedure for Canadian crews to bring trains a few miles over the northern border before transferring to American crews.
New regulations should enhance crew certification standards
The SMART-TD union, representing conductors and other rail workers, indicated that provisions in the rule preventing train crews from using a cruise control-like system for freight trains during certification tests would aid in ensuring that crews can operate trains safely.
“Railroad certifications should reflect proven ability, not merely possession of a certificate,” stated Jared Cassity, SMART-TD’s leading safety expert. “When lives are at stake, the FRA must confirm that an engineer can safely operate a train, not just oversee a computer doing so.”
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