GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 385, which mandates crew sizes for trains, locomotives, or light engines.

While I support the goal of improving safety within the rail industry, the proposed methods appear premature and lack the necessary nuance required for effective regulation. A comprehensive strategy is best achieved through the established framework of the federal government's ongoing rulemaking process.

According to reports from the Federal Railroad Administration (FRA) and the National Transportation Safety Board (NTSB), the available evidence does not conclusively support the notion that two-person crews are inherently safer.

Mandating crew sizes, as proposed, is a blunt regulatory tool that encroaches upon the established mechanisms for railroads and unions to negotiate staffing and scheduling matters through collective bargaining.

The effect of the proposed legislation extends beyond a labor-related concern. Short-line railroads, our last mile freight transport providers, are significantly affected. The proposed regulations disrupt their ability to access new markets, jeopardizing the success of initiatives such as the establishment of inland ports – initiatives crucial for the economic progress of our rural communities and the Commonwealth.

Moreover, the proposed regulations would impose constraints on our supply chain, impeding our ability to manage inflation and cope with rising costs of living and doing business in Virginia. The economic repercussions pose a genuine threat to the stability of our economy.

The proposal also distorts the entirety of our transportation sector by diverting traffic from rail to our highways. At a time when the Commonwealth is diligently working to address congestion issues, the proposed regulations appear counterproductive.

Finally, the proposed legislation risks hindering technology and innovation in the rail industry, by impeding the development of opportunities, such as autonomous rail operations.

Prematurely constraining a fuel-efficient mode of freight transport while simultaneously advocating for the mandating of electric vehicles to address environmental concerns raises questions about the coherence and foresight of the proposal.

Accordingly, I veto this bill.