An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in railroads, providing for crew requirement; and imposing penalties.
Summary
HB540 would amend Pennsylvania’s Public Utilities Code to require that freight trains operating in the Commonwealth generally be staffed by at least two crew members: one conductor and one locomotive engineer. The bill creates limited exceptions for freight trains operating within repair, mechanical, or servicing facilities and their connected yards, and it allows the Pennsylvania Public Utility Commission to add further exceptions only if they are required by federal law or regulation and remain consistent with that federal authority.
The bill also establishes a civil penalty structure for railroads that violate the two-person crew requirement. First offenses would be fined between $5,000 and $10,000, second offenses within three years between $10,000 and $15,000, and third and subsequent offenses within three years between $15,000 and $20,000. Penalties collected under the section would be deposited into the General Fund and treated as an augmentation to the commission’s appropriation for administering and enforcing the chapter. The bill defines “freight locomotive” and “freight train” and would take effect 60 days after enactment.
Impact
HB540 would add a new section to Title 66 governing railroad operations and would impose a statewide two-person crew mandate for freight trains, subject to narrow exceptions. It would also give the Public Utility Commission a role in implementing any additional exceptions required by federal law, and it would create new civil enforcement authority and penalty revenue provisions. The bill would directly affect freight railroads operating in Pennsylvania, as well as the commission responsible for oversight and enforcement.
Sentiment
No committee transcript or vote history was provided, so there is no recorded debate or roll-call evidence in the materials to indicate support or opposition. Based on the text alone, the bill appears to reflect a safety-oriented approach to railroad regulation, but the available context does not show whether lawmakers viewed it as necessary, burdensome, or preempted by federal law.
Contention
The main likely point of contention is the two-person crew mandate itself, which can raise questions about railroad safety, labor standards, operational costs, and federal preemption. Another possible issue is the scope of the Public Utility Commission’s authority to create exceptions only when required by federal law, which may be debated by rail operators and regulators. The penalty levels and the use of collected fines to fund enforcement could also be contested by affected railroads.