Four railroads file suit to stop Wisconsin's two-person crew law (February 1998)

2/7/2023

Three Class Is and one regional railroad hope to put the kibosh on a law that requires two-person crews on all trains operating in Wisconsin.

Last month, Union Pacific Railroad, Burlington Northern Santa Fe, Canadian Pacific Railway and Wisconsin Central Ltd. (WC) filed suit in federal court in Milwaukee, arguing that federal rail regulations take precedent over any law Wisconsin passes, and that the new law would make it difficult for the railroads to conduct their operations. 

The Wisconsin Legislature last fall enacted a law requiring a “certified locomotive engineer” and a “qualified railroad trainman” on board any train operating in Wisconsin. 

Proponents of the law, which went into effect Jan. 2, expressed safety concerns over the use of one-person crews.

Federal regulators have expressed similar, but not as harsh, concerns. Last February, the Federal Railroad Administration entered into a safety agreement with WC requiring the railroad to suspend use of both one-person crews — except for movement of light locomotives and operations in industrial plants — as well as the use of remote control technology.

As of press time, FRA officials were negotiating with WC to extend the compliance agreement, which was set to expire the first week of February. Although WC’s safety record “certainly improved” over the past year, the agency “may want to extend the agreement for a few more months,” says Jim Gower, an FRA spokesman.

— Pat Foran, managing editor

Source: The February 1998 issue of Progressive Railroading