Requires a two-person crew minimum for railroad trains or light engines used in connection with the removal of freight

2026 Regular Session Introduced by Will Jobe

Missouri requires most freight trains to be operated by at least two qualified crew members, with limited exceptions and penalties for violations.

Referred: Emerging Issues(H)

#motorvehicles #railroads

Summary of HB 3349 (2026) – Missouri

Purpose and intent

HB 3349 would require most railroad trains or light engines involved in moving freight to be operated with a minimum crew of two qualified crew members. The measure aims to enhance safety by mandating a two-person crew for freight-moving operations, aligning Missouri law with federal expectations in this area.

Key provisions and changes

Establishes a new section (Section 389.1200) in Missouri Revised Statutes.

Definitions:

“Crew member” = an employee of the railroad carrier involved in operating a railroad train or light engine (excluding hostler, helper, utility employees, or contractors).
“Helper service” = use of locomotives to assist another train with mechanical failure or difficult terrain, including travel to/from the assist point.
“Hostler service” = movement of locomotives within a rail yard not attached to rail cars.

Staffing requirement:

A railroad train or light engine used in the movement of freight must be operated by at least two qualified crew members (two-person crew), with certain exceptions.

Exceptions (not required to have two crew members):

Helper services
Hostler services
Movement of a train for loading/unloading freight at speeds not exceeding 10 mph

Penalties for violation of the two-person crew requirement:

First offense: up to $1,500 fine
Second offense: up to $5,000 fine
Third or subsequent offense: up to $10,000 fine

Federal compatibility:

The law should not be construed to conflict with federal railroad crew staffing regulations.

Enforcement and rules:

Missouri Department of Transportation (MoDOT) would have authority to enforce the statute and promulgate related rules.
Rules adopted under this authority must comply with state rulemaking laws (Chapter 536). The section emphasizes nonseverability with Chapter 536 clauses.

Effective date:

The act becomes effective only after the Attorney General provides notification to the state Revisor of Statutes that a final federal judgment affirming the Federal Railroad Administration’s two-person crew rule has been entered.

Who is affected

Primary: Railroad carriers operating freight trains or light engines in Missouri.

Affected entities include railroad company employees serving as crew members.

Excludes personnel in helper and hostler roles, and operations involving loading/unloading freight at very slow speed (≤10 mph) from the two-person crew requirement.

State regulatory agencies (MoDOT) would oversee enforcement and rulemaking.

Procedural and timeline notes

The effectiveness hinges on a federal ruling affirming the FRA’s two-person crew rule; Missouri’s implementation is conditioned on that judgment.

If the federal judgment is not affirmed, the statute’s effective date may be delayed or not triggered.

Nonseverable linkage means potential conflicts with procedural rulemaking could jeopardize the entire section if constitutional issues arise.

Context

The bill mirrors federal debates and is similar to HB 2385 (2026). It seeks to codify a two-person crew standard at the state level while preserving compatibility with federal regulations.