The existing Federal Railroad Safety Act (FRSA) authorizes the United States Secretary of Transportation to prescribe regulations and issue orders for railroad safety and requires the United States Secretary of Homeland Security, when prescribing a security regulation or issuing a security order that affects the safety of railroad operations, to consult with the United States Secretary of Transportation. The FRSA provides for state participation in the enforcement of the safety regulations and orders issued by the United States Secretary of Transportation or the United States Secretary of Homeland Security, pursuant to an annual certification, and authorizes the respective secretaries to make an agreement with a state to provide investigative and surveillance activities. The FRSA provides that, to the extent practicable, laws, regulations, and orders related to railroad safety and security are required to be nationally uniform, but authorizes a state to adopt or continue in force a law, regulation, or order related to railroad safety or security until the United States Secretary of Transportation, with respect to railroad safety matters, or the United States Secretary of Homeland Security, with respect to railroad security matters, prescribes a regulation or issues an order covering the subject matter of the state requirement. A state is additionally authorized to adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security, when necessary to eliminate or reduce an essentially local safety or security hazard, that is not incompatible with a federal law, regulation, or order, and that does not unreasonably burden interstate commerce.
This bill would require a railroad corporation to install and operate a network of wayside detector systems on or adjacent to any track used by a freight train with maximum spacing specified for individual detection devices along a continuous track. The bill would define "wayside detector system" to mean an electronic device or series of connected devices that scans passing freight trains, rolling stock, on-track equipment, and their component equipment and parts for defects. The bill would require a wayside detector system to issue certain messages if a defect is detected or is not detected, and would specify actions to be taken if a message indicating a defect is detected. The bill would require a railroad corporation to ensure that its employees know and understand these requirements. The bill would require the commission to enforce these requirements and would impose a penalty of not less than $25,000 upon a railroad corporation for each violation.
This bill would prohibit certain freight trains with a total length exceeding 7,500 feet from operating on any part of a main line or branch line in this state, as specified. The bill would require a freight train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing to be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an emergency vehicle, except as specified. The bill would require the commission to enforce these provisions and would impose penalties of not less than $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation, as specified.

Statutes affected:
SB 667: 854 SHC
02/20/25 - Introduced: 854 SHC
03/24/25 - Amended Senate: 854 SHC