H.R. 9409

119 HR 9409 IH: Remote Control Locomotives Safety Improvement Act of 2026
 U.S. House of Representatives
 2026-06-23
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 I  119th CONGRESS  2d Session  H. R. 9409  IN THE HOUSE OF REPRESENTATIVES   June 23, 2026   Mr. Kennedy of New York  (for himself and  Mr. Lawler ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure    A BILL
To prohibit certain operations of remote control locomotives, and for other purposes.
1.
Short title
This Act may be cited as the   Remote Control Locomotives Safety Improvement Act of 2026  .
2.
Limitations on remote control locomotives
(a)
Prohibitions
A railroad carrier may not—
(1)
operate a train outside a yard without a human locomotive engineer physically located inside the cab of the lead locomotive who has the ability to take control of the operation of the train; or
(2)
operate a remote control locomotive on a main line.
(b)
Requirement for operation on a main line
(1)
Certified locomotive engineer
A railroad carrier may not operate a train on a main line unless such train has a lead locomotive with a locomotive cab operated by a locomotive engineer certified under part 240 of title 49, Code of Federal Regulations, who is physically located inside the locomotive cab.
(2)
Statutory construction
Nothing in this subsection shall be construed to allow a locomotive engineer or conductor solely certified under part 240 of title 49, Code of Federal Regulations, as a remote-control operator to operate a train described in paragraph (1).
(c)
Waiver process
Notwithstanding any other provision of Federal law or regulation, the Secretary may not waive the requirements of this section for—
(1)
a class I railroad;
(2)
a class II railroad; or
(3)
any train operating on track classified as class 1 or above, as described in part 213 of title 49, Code of Federal Regulations.
(d)
Applicability
(1)
Rulemaking requirements
The requirements of section 553 of title 5, United States Code, shall not apply to this section.
(2)
Effective date
This section shall take effect on the date of enactment of this Act.
3.
Audits and inspections
The Administrator of the Federal Railroad Administration shall—
(1)
not later than 180 days after the date of enactment of this Act—
(A)
carry out an audit and inspection of each class I railroad; and
(B)
take any necessary actions to ensure each such class I railroad is complying with the requirements of this Act; and
(2)
not later than 1 year after the date of enactment of this Act, carry out unscheduled audits and inspections, as necessary, on any rail carrier covered by this Act that is not a class I railroad to ensure compliance with the requirements of this Act.
4.
Regulatory authority
Except as provided for in section 2(d), the Secretary of Transportation shall issue such regulations as are necessary to carry out this Act, including any updates or conforming changes to part 229.15 of title 49, Code of Federal Regulations.
5.
Fines for violations
(a)
Penalty
Subject to section 21304 of title 49, United States Code, a person violating this Act or a regulation or an order issued by the Secretary pursuant to this Act is liable to the United States Government for a civil penalty. A separate violation occurs for each day the violation continues.
(b)
Amount
The amount of the penalty shall be the greater of 1 percent of the person’s annual income or annual operating income or $1,000,000.
(c)
Process
The requirements in subsections (a)(3), (a)(4), (b), and (c) of section 21301 of title 49, United States Code, shall apply to any penalty imposed by the Secretary pursuant to this section.
6.
Definitions
In this Act:
(1)
Class I, II, and III railroads; railroad carrier
The terms  class I railroad ,  class II railroad ,  class III railroad , and  railroad carrier  have the meanings given such terms in section 20102 of title 49, United States Code.
(2)
Lead locomotive
The term  lead locomotive  means the first locomotive proceeding in the direction of movement.
(3)
Locomotive cab
The term  locomotive cab  means the compartment or space on board a locomotive where the control stand is located and which is normally occupied by the engineer when the locomotive is operated.
(4)
Main line
The term  main line  means a segment or route of railroad tracks over which 5,000,000 or more gross tons of railroad traffic is transported annually.
(5)
Remote control locomotive
The term  remote control locomotive —
(A)
means a remote control locomotive that, through use of a radio link, can be operated by a person not physically within the locomotive cab; and
(B)
does not include a locomotive or group of locomotives remotely controlled from the lead locomotive of a train, as in a distributed power arrangement.
(6)
Remote control operator
The term  remote control operator  means a locomotive engineer, as defined in section 240.7 of title 49, Code of Federal Regulations, certified by a railroad to operate remote control locomotives pursuant to section 240.107 of title 49, Code of Federal Regulations.
(7)
Train
The term  train  means 1 or more locomotives coupled with or without cars, except during switching service.
(8)
Yard
The term  yard  means a system of tracks, not including main tracks and sidings, used for classifying cars, making-up and inspecting trains, or storing cars and equipment.