AAR challenges New Jersey two-person crew law

The New Jersey two-person crew law is the focus of a March 30 lawsuit. The Association of American Railroads asked a court to block the measure. It also challenged the requirement for two-person crews on trains carrying hazardous materials.

AAR challenge to the New Jersey two-person crew law

Former New Jersey Gov. Phil Murphy signed S.B.3389 into law in January. A March 30 Reuters report noted that detail. He did so shortly before leaving office.

The challenge was filed after that signing. It came ahead of the law’s scheduled January 2027 effective date.

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AAR said the law imposes “severe restrictions.” It made that argument in its filing. The case was filed in the U.S. District Court for the District of New Jersey. Reuters said the measure intrudes on the federal government’s authority over railroad safety.

The same report said New Jersey business and industry groups openly opposed the legislation. They wrote to the former governor. Their letter said the mandates “fail to reflect modern railroad operations and technological investments.”

What S.B.3389 would require?

Beyond the two-person crew provision, S.B.3389 would also:

• limit trains carrying hazmat to 8,500 feet in length;
• establish a provision giving union representatives the right to enter railroad properties to conduct inspections;
• require railroads to submit bridge inspection reports; and
• require the New Jersey Department of Transportation to apply federal emergency response rules for passenger trains to freight trains.

Meanwhile, Maryland Senate leadership made that announcement last week. It said it intends to advance a two-person crew law. It plans to do so before the state’s legislative session closes on April 13. A SMART-Transportation Division press release noted that detail.

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