A proposal aimed at bolstering train safety and protecting railroad workers has taken its first step forward in the New Mexico Legislature. The Railway Safety Act, which would require stricter safety measures for freight trains, passed its initial committee hearing on Tuesday. But with industry pushback and two more committee approvals needed, the road ahead remains uncertain.
A Push for Stronger Train Safety Measures
House Bill 146, introduced by House Majority Whip Dayan Hochman-Vigil (D-Albuquerque), seeks to implement wayside detector systems along rail lines to monitor potential mechanical failures before they lead to derailments. It also includes worker protections, prohibiting retaliation against employees who report safety concerns.
Clem Harris, a locomotive engineer and the bill’s key expert witness, described wayside detectors as the “eyes of the railroad.” These systems scan trains for dangerous defects such as overheating wheel bearings, malfunctioning brakes, and dragging equipment—problems that can cause catastrophic derailments if left unchecked.
Harris argued that rail companies currently have too much discretion in where they place these detectors, leaving gaps in safety monitoring. He pointed to the Norfolk Southern derailment in East Palestine, Ohio, in February 2023 as a warning of what could happen without stricter regulations.
“This fiery derailment occurred because the railroads simply wanted to keep moving,” Harris said. “I don’t want to see a similar disaster here in New Mexico.”
Industry Resistance and Debate
Despite the bill’s passage in the House Labor, Veterans, and Military Affairs Committee with a 9-1 vote, railroad companies strongly oppose the proposal. Their main concerns revolve around the cost of compliance and whether the mandated safety measures are actually necessary.
BNSF Railway lobbyist Robert Romero criticized the bill’s requirement that wayside detectors be placed every 10 miles, arguing that no scientific data supports that specific distance.
“We’re not aware of any studies that say 10 miles apart is the magic number,” Romero said. “We’re waiting for direction from the Federal Railroad Administration on what would be the right number.”
Opponents also warned that the bill’s reporting requirements and additional safety measures could increase operational costs, which might be passed down to consumers.
What’s Next for the Bill?
While HB 146 has cleared its first committee, it still has two more major legislative stops before reaching the House floor:
- House Transportation and Public Works Committee – where infrastructure and technical concerns will likely take center stage.
- House Judiciary Committee – which will review legal aspects, including worker protections and liability issues.
The bill’s supporters, including labor unions and public safety advocates, argue that the added costs are justified to prevent another East Palestine-level disaster. However, railroad companies are expected to continue lobbying against the measure, making its fate in the next two committees uncertain.
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