Straight Track #111

BLE Files Suit Against Federal Agencies
That Would Slow Use Of Remote Control

U.S. Rail News 
Vol. 25 No. 8 
Published April 10, 2002

U.S. Rail News, in Vol. 25 No. 8, wrote an article concerning a new lawsuit against railroads for the use of remote control systems. As a result of every railroader's interest in this issue, we are sharing with you the article in its entirety.

BLE Files Suit Against Federal Agencies That Would Slow Use Of Remote Control

The Brotherhood of Locomotive Engineers (BLE) is suing with a federal lawsuit that could impede railroads from using remote control systems union workers say will put them out of their jobs.

The lawsuit was file in U.S. District Court for the District of Columbia against Transportation Secretary Norman Mineta and the Federal Railroad Administration (FRA) Administrator Allan Rutter. It claims they have failed to fulfill their obligations in administering the Federal Railroad Safety Act of 1970 and the Locomotive Inspection Act, which regulates interstate commerce and railroad industry safety. The lawsuit asks for an injunction, or court order, requiring the federal administrators to issue regulations on use of remote control. 

New federal regulations require government agencies to solicit comments and conduct hearings on the proposals, with the input of interested parties. In this case, those interested parties would include unions and railroads. 

"The harm caused by the defendants' failures to act can only be remedied by the intervention of, and issuance of an injunction by, this court," the BLE said in its lawsuit. 

In January, six of the nation’s largest railroads – Union Pacific, Burlington Northern Santa Fe, CSX Corporation, Norfolk Southern, Kansas City Southern and Conrail – began pilot programs to operate locomotives in terminals with microprocessors and remote control devices that were handled by employees who were members of the BLE rival United Transportation Union. 

BLE Claims a Dereliction of Duty

The BLE lawsuit says the FRA and Transportation Department knew of the pilot programs and that use of remote control fell under the regulatory jurisdiction of the FRA and the Transportation Department. The microprocessors and remote control devices are “parts and appurtenances” of locomotives under the Locomotive Act and subject to regulations requiring inspection and repair of defects, the BLE lawsuit says.

By failing to institute regulations controlling use of remote control, the FRA and Transportation Department neglected their duties under the Safety Act and the Locomotive Act, the BLE says. 

Railroads Say Remotes Are Safer 

The lawsuit asks the court to “grant the plaintiff a permanent injunction requiring the defendants to comply with their statutory obligations under Section 20702 of the Locomotive Act to undertake inspections, prescribe tests and promulgate regulations applicable to the installation, use and inspection of locomotive parts and appurtenances that enable the operation of locomotives via remote control so as to ensure that every railroad carrier is in compliance with its obligations under Section 20701 of the Locomotive Act.” 

The lawsuit says that without appropriate regulations, there is an increased safety risk to locomotive engineers, other rail workers and the public. 

The railroads acknowledge that remote control can replace some functions of locomotive engineers certified by the FRA. However, they say safety is one of [the] reasons they are turning to remote control. 

Rail yard workers can maneuver locomotives around the yards while standing off at a distance, rather than having an engineer or other crew members aboard the locomotives. The railroads base their claims of increased safety, and reduce costs, on the experience of Canadian National Railways, which has used remote control for several years. 

So far, the leaders in remote control in the United States are CSX Transportation and Kansas City Southern. CSX Transportation has purchased 100 units from Cattron-Theimeg, which are due for installation by this fall. Kansas City Southern is installing 50 Canac remote control units on its locomotives. Both railroads say they intend to purchase more. 

Union Pacific has purchased only five, although its management says remote control is a trend of the near future. Burlington Northern Santa Fe has purchased four, and Norfolk Southern two. 

Nevertheless, the BLE says remote control can never substitute for the safety created by having an engineer on board to make decisions when something goes wrong. They mention as an example the Michigan City, Ind., accident last month in which a runaway coal train plowed into a locomotive at the NIPSCO’s Michigan City Generating Station. 

The unmanned diesel-electric locomotive was operating on remote control when it failed to respond to a radio control that would have prevented the accident. The train smashed into a thaw shed and coal rotary dumper after hitting the other locomotive. No one was injured. A company official blamed the accident on an equipment malfunction. 

Contact John Bentley, BLE, at (216) 241-2630. 

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