FRA issues final rule requiring locomotive video recorders on passenger trains

Editor's note: This story has been updated with comments from NTSB Chair Jennifer Homendy.

The Federal Railroad Administration today announced a final rule requiring the installation of inward- and outward-facing video recorders on all train lead locomotives providing scheduled intercity passenger-rail or commuter service.

Published in today's Federal Register, the final rule mandates that locomotive video recording devices must remain operational while the controlling locomotive of a passenger train is in motion. The rule also stipulates that data captured must retain at least the last 12 hours of recorded footage and be stored in a crashworthy memory module.

Since locomotive-mounted recording devices on passenger trains are categorized as "safety devices," tampering with or disabling of these vital recording systems is prohibited, FRA officials said in a press release.

"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."

The final rule also establishes guidelines for the use of passenger-locomotive recordings for operational tests, allowing the evaluation of operating employees' compliance with applicable railroad operating rules and federal regulations. By leveraging the video recordings, passenger railroads can effectively identify areas of improvement and enhance overall safety, FRA officials said.

The implementation of these locomotive image and audio recording devices is a significant step forward in bolstering passenger-rail safety and maintaining regulatory compliance, they added.

The FRA is not requiring the installation and use of inward- and outward-facing recording devices on freight locomotives. However, freight railroads — on a widespread basis — have voluntarily installed such devices, according to the FRA.

The Fixing America's Surface Transportation Act required the regulation. The final rule also responds to a National Transportation Safety Board recommendation aimed at improving safety on passenger railroads, FRA officials said.

While the final rule is a "step forward" for passenger-rail safety, it still falls short, said NTSB Chair Jennifer Homendy said in a prepared statement.

"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," she said. "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."