PolicyBrief
H.R. 5135
119th CongressSep 4th 2025
Train Crew Choice Act
IN COMMITTEE

This act nullifies the Federal Railroad Administration's final rule establishing mandatory train crew size safety requirements.

Eric Burlison
R

Eric Burlison

Representative

MO-7

LEGISLATION

New 'Train Crew Choice Act' Voids Federal Rule on Minimum Train Crew Size, Removing Safety Mandate

The aptly named Train Crew Choice Act is short, sharp, and cuts right to the chase: it completely wipes out a specific safety rule the Federal Railroad Administration (FRA) just finalized. This bill isn't about creating new policy; it’s about destroying an existing one.

The Rule That Just Got Derailed

This legislation targets the FRA’s final rule on “Train Crew Size Safety Requirements,” which was officially published on April 9, 2024. The bill states clearly in SEC. 2 that this rule is now “void and shall have no force or effect.” What does that mean in real terms? Whatever minimum staffing levels the FRA determined were necessary for safe train operations—likely requiring two crew members on most trains—are now gone. The federal government will no longer mandate how many people need to be in the cab.

What This Means for the Rail System and Your Commute

For the railroad companies, this is a win for operational flexibility and potential cost savings. If they can run trains with fewer people, they save on labor costs. But for everyone else—the people living near rail lines, the workers, and the emergency responders—this is a significant rollback of safety regulation. The FRA spent time analyzing the risks and determined a minimum crew size was necessary for safety. This bill legislatively overturns that technical safety finding.

Think about the sheer size and weight of freight trains, often carrying hazardous materials, and the need for quick decision-making in emergencies. When a crew is smaller, the workload on the remaining crew members skyrockets. If a derailment happens, or if a train needs to be stopped quickly due to an obstruction, having adequate staff is crucial. By eliminating the minimum crew size mandate, the bill essentially allows rail carriers to prioritize efficiency and cost reduction over the staffing levels that federal regulators deemed necessary for public safety. This shift puts the burden of determining safe staffing solely on the companies themselves, without a federal floor.