Proposed Rule Prohibits Electronic Devices for Railroad Operators

U.S Transportation Secretary Ray LaHood recently announced proposed regulations to prohibit the improper use of distracting electronic devices by on-duty railroad operating employees. If adopted, the rule would explicitly restrict and in some cases prohibit the use of cell phones and other handheld devices by safety critical employees, including locomotive engineers, conductors, switchmen, and other train employees.

“Operating a passenger or freight train demands the full and undivided attention of crewmembers at all times,” LaHood said. “Lives depend on it. We want to make sure that railroad employees know not to use handheld devices on the job because doing so jeopardizes safety.”

The proposed rule announced Monday is the latest in a series of actions taken by DOT to combat distracted driving. During a seminal September 2009 Distracted Driving Summit, LaHood announced DOT’s plans to vigorously pursue regulatory and other steps to reduce the risks posed by distracted driving.

The rule would prohibit the use of an electronic device—whether personal or railroad-supplied—if it interferes with that employee’s or another employee’s performance of safety-related duties. Railroad operating employees would be permitted to use cell phones or similar electronic devices under highly limited circumstances.

The notice of proposed rulemaking (NPRM) provides certain exceptions for watches, calculator use, medical devices, railroad radios, cameras used to document safety hazards or violations of rail safety laws, and various emergency situations. The regulations would also authorize the Federal Railroad Administration to review a railroad’s training program on the use of electronic devices and require that records be kept documenting employees receiving recurrent training at specified intervals. The NPRM seeks comment on whether violations of the rule should be used as a basis for revoking a locomotive engineer’s certification to operate a locomotive under other FRA regulations.

“There should be no confusion about when and where cell phones, video games, or PDAs may be used by train crews,” said FRA Deputy Administrator Karen Rae.

FRA is proposing to codify a modified version of its 2008 Emergency Order No. 26 (EO 26), which sets forth stringent restrictions on the use of electronic devices by railroad operating employees. While longstanding railroad operating rules and EO 26 have restricted the use of electronic devices, FRA has determined that Federal regulations are necessary to more effectively prevent the inappropriate and unauthorized use of these devices on the job. A final rule would supplant EO 26.

Comments on the proposed rule may be submitted through www.regulations.gov (Docket# No. FRA-2009-0118). The deadline for submitting comments on the proposal is June 17. Click here to view the NPRM.

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