The New Mexico state legislature is considering an amendment to Section 63-2-2 of NMSA 1978, which would require two-man crews to operate freight trains. The amendment “HB 244” would require two crew members to be in the cab during operations of freight trains with the exception of hostling and remote-control locomotives in railyards.
During a committee hearing Feb. 20, 2019, testimony was heard from members of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART), local BNSF Railway crew members, and Union Pacific and BNSF representatives. Promoting the amendment, SMART’s union rules require two-man crews for freight and passenger trains under specific conditions. UP and BNSF representatives stated that they have no plans to go to one-man crews. Committee chairman Representative Antonio Maestas voiced concern about legislating labor practices that may not be appropriate for all situations.
“We don’t want to keep New Mexico on the bottom of the country for railroad safety,” says Donald Gallegos Sr., SMART legislative director. “We want to be on the top.”
“We welcome [positive train control],” Gallegos says. “We like it. It’s not a hundred percent yet, but we also want to ensure that we have that conductor job and that extra safety.”
Rep. Dayan Hochman-Vigil (D) and Sen. Michael Padilla (D), both of Bernalillo County, are sponsoring the bill, where it is currently in the House Commerce & Economic Development Committee. After discussion, the committee decided to amend the bill to accommodate situations where technology and circumstances might preclude the necessity for two-person crews. “What we’re looking for is the minimum safety element, which we feel is best represented by a two-man crew at this time, based on the limitations of the technology that we have,” Rep. Hockman-Vigil says. “If there are particular situations where a different crew arrangement might meet those standards, we have to make sure that we put into the bill an amendment that would provide a process that would be sufficient to define that.”
