The Trump administration wants to make sure that the who haul freight over the border can understand key safety safety information in English and that the common practice of using foreign crews to cross into America doesn’t threaten U.S. jobs.
Two major rail unions praised the proposed rule announced Friday that would also strengthen the standards for certifying that crews can safely operate a train.
The government had concerns after inspecting two Texas railyards near the border last fall on the two railroads directly affected by these restrictions on Mexican crews 鈥� Union Pacific and CPKC. UP didn鈥檛 immediately respond but CPKC and the Association of American Railroads trade group declined to comment while they study the rule.
The Federal Railroad Administration sent letters to both CPKC and UP in December after inspections found that train crews often had trouble understanding English during focused inspections. The government urged those railroads to reexamine their practices and make sure that Mexican crews can speak English and don鈥檛 operate a train more than 10 miles (16 kilometers) inside America.
Last fall, federal inspectors found numerous problems in Union Pacific鈥檚 Eagle Pass rail yard and CPKC鈥檚 facility in Laredo where train crews were having a hard time understanding operating bulletins and U.S. regulations that require information about hazardous materials and emergency responses to be maintained in English.
Both UP and CPKC have pledged to make sure they were following the existing rules, including that the Mexican crews do not travel more than 10 miles into the United States. But now the federal government wants to strengthen the rules 鈥渂ecause railroad crews must be able to communicate fully and accurately when crossing into the United States, most notably with dispatchers and emergency responders during a crisis, as a safety-critical function.鈥�
This rail safety effort aligns closely with the Transportation Department’s efforts to ensure that can understand English, so they can read road signs and warnings and communicate with first responders after an accident or during an inspection. The government has tried to of dollars in highway funding from New York and California because it isn鈥檛 satisfied with the steps those states have taken to make sure the commercial driver鈥檚 licenses they issue are valid.
Mark Wallace, the national president of the Brotherhood of Locomotive Engineers and Trainmen union, has been raising concerns about this practice of using Mexican train crews for several years because of safety, security and job concerns.
The union has said that the handoffs used to happen right at the border, but now Union Pacific and CPKC routinely ask Mexican crews to bring trains several miles over the border to one of their railyards where the crew switches can be done more safely. But the firm 10-mile (16-kilometer) restriction in this rule will prevent the railroads from expanding this practice to railyards further into America like the union said UP was considering in New Mexico.
Wallace said the language barrier would pose a hazard in the event of issues such as a derailment.
But the railroads have said that this practice of using Mexican train crews to bring the trains into railyards in America was developed in 2018 with the approval of the first Trump administration to address smuggling concerns. When trains are stopped at the border smugglers often try to conceal drugs or other contraband aboard them and immigrants might jump aboard to get into the United States.
It is also routine for Canadian crews to bring trains a few miles over the northern border with the United States before handing off to American crews.
The SMART-TD union that represents conductors and other rail workers also said the provisions of the rule that will prohibit train crews from using a system that’s similar to cruise control for freight trains when they take their certification tests will help ensure they can operate a train safely.
鈥淩ailroad certifications should represent proven ability, not simply possession of a certificate,鈥� said Jared Cassity, who is SMART-TD鈥檚 top safety expert. 鈥淲hen lives are on the line, the FRA must know that an engineer can safely operate a train, not just supervise a computer doing it.鈥�
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