The Brotherhood of Locomotive Engineers and Trainmen (BLET) applauds the Trump Administration, U.S. Department of Transportation, and Federal Railroad Administration for successfully defending the federal Crew Size Rule against the railroad industry’s effort to overturn it.
In a 2-1 decision, the U.S. Court of Appeals for the Eleventh Circuit denied the petitions challenging FRA’s 2024 rule, preserving the federal regulation that generally requires a minimum of two crewmembers aboard covered trains.
“This is an important victory for railroad safety, and the Trump Administration deserves full credit for standing behind its commitment to two-person crews and vigorously defending the FRA rule in federal court,” said BLET National President Mark Wallace. “We thank President Trump, Secretary of Transportation Sean Duffy, FRA Administrator David Fink, and the attorneys and professionals at DOT and FRA who defended the rule and secured this result.”
The court identified FRA, the FRA Administrator, and the U.S. Department of Transportation as the respondents defending the rule. SMART-TD was granted intervenor status in support of the government. BLET, together with the Academy of Rail Labor Attorneys, participated in the case as amici in support of FRA and the rule.
“The roles in this case were different, but the objective was the same: defeat the railroad industry’s attempt to overturn an important federal safety regulation,” Wallace said. “BLET was proud to support FRA before the court, and we congratulate the Administration on successfully defending its rule.”
The court’s decision also reinforces the importance of the distinct safety functions performed by members of a train crew. In describing modern railroad operations, the court recognized that most two-person crews consist of a locomotive engineer and conductor. The court noted that the locomotive engineer controls the movement of the train, while the conductor performs separate responsibilities involving the train, communications, and unusual operating conditions.
The court further upheld FRA’s determination that a second crewmember provides important safety redundancy, including the ability to identify and correct errors, troubleshoot problems, respond to emergencies, and protect against the consequences of fatigue or medical emergencies affecting a lone crewmember.
BLET Will Continue Fighting for a Certified Engineer and Certified Conductor
While the court’s decision preserves FRA’s Crew Size Rule, BLET believes the next step must be permanent protection enacted by Congress.
The FRA regulation generally establishes a minimum crew size of two, subject to exemptions and procedures permitting certain one-person operations. BLET supports stronger statutory protection expressly requiring a two-person operating crew consisting of a certified locomotive engineer and a certified conductor.
“There is an important difference between protecting a number and protecting the qualified professionals who perform the work,” Wallace said. “Our objective is clear: federal law should protect both — a certified locomotive engineer responsible for the safe operation and movement of the train and a certified conductor performing the critical duties of that craft.”
“Today we congratulate the Trump Administration and FRA for successfully defending the two-person crew rule. Tomorrow, we continue the work of making those protections stronger and permanent in federal law.”