FRA: Locomotive Image and Audio Recording Devices Required for Passenger Trains (UPDATED)

The Federal Railroad Administration (FRA) on Oct. 12 announced that it is requiring the installation of inward- and outward-facing locomotive image recording devices on all lead locomotives in passenger trains, as required by the Fixing America’s Surface Transportation (FAST) Act.

According to FRA, the final rule, which is effective Nov. 13, 2023, “requires that these devices record while a lead locomotive is in motion and retain the data in a crashworthy memory module; treats locomotive-mounted recording devices on passenger locomotives as ‘safety devices’ under existing Federal railroad safety regulations to prohibit tampering with or disabling them; governs the use of passenger locomotive recordings to conduct operational tests to determine passenger railroad operating employees’ compliance with applicable railroad rules and Federal regulations; and requires Texas Central Railroad (TCRR) to install and maintain trainset image recording systems appropriate to TCRR’s operation.”

FRA is publishing this final rule as mandated by section 11411 of the FAST Act, codified at 49 U.S.C. 20168 (the Statute), and under the agency’s general railroad safety rulemaking authority at 49 U.S.C. 20103. The Statute requires FRA (as the Secretary of Transportation’s delegate) to “promulgate regulations requiring each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotives of passenger trains.”

This final rule, FRA says, implements the Statute’s requirements regarding such recording devices on “controlling” locomotives, which will normally be “lead” locomotives consistent with FRA’s existing regulations on locomotive event recorders.

Before the Statute was enacted, the Railroad Safety Advisory Committee (RSAC) accepted a task from FRA in 2014 to address National Transportation Safety Board (NTSB) Safety Recommendations R–10–01 & –02 concerning locomotive-mounted recording devices (RSAC Task No. 14–01). The RSAC established the Recording Devices Working Group (Working Group) to recommend specific actions regarding the installation and use of locomotive-mounted recording devices, such as inward- and outward-facing video and audio recorders.

The RSAC did not vote, or reach consensus, on any recommendations to FRA regarding the adoption of regulatory text addressing locomotive-mounted video or audio recording devices.

Considering the Statute’s mandate, relevant NTSB recommendations, the RSAC Working Group’s discussions, accident history, and railroad safety violations that FRA had investigated, FRA issued a notice of proposed rulemaking (NPRM) on July 24, 2019, proposing inward- and outward-facing image recording devices be required on all lead passenger train locomotives. FRA received comments from fifteen different individuals or organizations in response to the NPRM.

Having carefully considered the public comments in response to the NPRM, FRA has issued this final rule amending the regulatory requirements of Railroad Operating Rules (49 CFR part 217), Railroad Operating Practices (49 CFR part 218), Railroad Locomotive Safety Standards (49 CFR part 229), and Texas Central High-Speed Rail Safety Standards (49 CFR part 299).

This final rule, FRA says, “requires intercity passenger and commuter railroads to install compliant image recording systems on the lead locomotives of all their passenger trains by Oct.12, 2027, except for TCRR, which is required to have compliant image recording systems installed on its trainsets prior to commencing revenue service, as specified under part 299. Further, beginning Oct. 12, 2024, any locomotive image recording system installed on new, remanufactured, or existing passenger train lead locomotives must meet the specified requirements of this final rule, including the requirement that the last twelve hours of data recorded be stored in a memory module that meets the existing crashworthiness requirements in part 229,” according to FRA.

FRA notes that the image recording device requirements for passenger train locomotives in this final rule supplement FRA’s existing locomotive event recorder regulation in part 229. Locomotive event recorders are required on the lead locomotives of trains traveling over 30 mph and already record numerous operational parameters that assist in accident/incident investigation and prevention (see 49 CFR 229.135).

FRA, which used a cost-benefit analysis to evaluate the impact of the final rule on passenger railroads required to install and maintain locomotive image recording devices, estimated the low and high costs of this final rule over a 10-year period, using discount rates of 3% and 7%, with the results shown in the tables below.

The primary source of expected benefits, FRA says, is the potential reduction in safety risk. FRA conducted a literature review to determine the effectiveness rate of inward- and outward-facing recording devices but “was unable to determine an appropriate rate.”

According to FRA, the benefits for the final rule are qualitatively discussed: “The reduction in safety risk is expected to come primarily from the change in crew behavior. Railroads can deter unsafe behavior if crewmembers realize their actions may be observed on a frequent, but random, basis by railroad supervisors. Locomotive image recorders cannot directly prevent an accident from occurring, but rather can provide investigators with information after an accident occurs that can help to prevent future accidents of that type from occurring.”

“While video recorders cannot directly prevent accidents, they help maintain a higher standard of safety,” said FRA Administrator Amit Bose. “In addition, these devices play a vital role in post-accident investigations, providing valuable evidence that helps us understand the circumstances leading to the accident and take appropriate action to prevent similar accidents in the future.”

While FRA is not requiring the installation and use of inward- and outward-facing recording devices in freight locomotives, it should be noted that they have been voluntarily installed by freight railroads on a widespread basis.  

NTSB Responds

“While this is undoubtedly a step forward for passenger rail safety, FRA’s rule falls short of our recommendations in two ways—the first of which is by failing to require audio recorders for passenger trains,” said NTSB Chair Jennifer Homendy. “We’re also deeply disappointed the rule excludes freight rail entirely. In fact, FRA’s belief that the cost ‘could outweigh the safety benefits’ is an affront to every community that’s experienced a freight or freight-passenger rail disaster.”

According to NTSB, It has been over a decade since the agency recommended FRA require audio and image recorders in all locomotives, whether on freight or passenger trains. The recommendations were prompted by dozens of railroad accident investigations in which NTSB determined having inward- and outward-facing audio and image recorders “would have provided crucial information to the railroads, its workforce, FRA, and NTSB that could have improved safety.” In a number of those accidents, the operator died, was seriously injured, or could not recall details from moments before the accident.

“Though many in the freight rail industry have opted to install recorders voluntarily, there’s absolutely no standard for the number of hours of data they must preserve after an accident,” Homendy added. “East Palestine is a striking example: instead of having 12 hours’ worth of in-cab video, as we’ve recommended, our investigators only have access to a 20-minute recording—not nearly enough to help us or the FRA identify critical safety improvements needed to prevent similar accidents from reoccurring.”

“Inward- and outward-facing audio and image recorders that are crash- and fire-protected provide valuable information about the events leading up to and during an accident in determining why it occurred,” said NTSB. “This information allows railroads, labor unions, FRA, and NTSB to identify and immediately address critical improvements that directly impact the safety of the rail industry, traveling public and communities in which our railroads operate.”