Sec. 35436. Recording devices
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Subchapter II of chapter 201 is amended by adding after section 20167 the following: Not later than 2 years after the date of enactment of the Railroad Reform, Enhancement, and Efficiency Act , the Secretary of Transportation shall promulgate regulations to require each rail carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains.
Each inward- and outward-facing image recording device shall— have a minimum 12-hour continuous recording capability; have crash and fire protections for any in-cab image recordings that are stored only within a controlling locomotive cab or cab car operating compartment; and have recordings accessible for review during an accident investigation. The Secretary shall establish a process to review and approve or disapprove an inward- or outward-facing recording device for compliance with the standards described in subsection (b).
A rail carrier that has installed an inward- or outward-facing image recording device approved under subsection
(c)may use recordings from that inward- or outward-facing image recording device for the following purposes: Verifying that train crew actions are in accordance with applicable safety laws and the rail carrier's operating rules and procedures. Assisting in an investigation into the causation of a reportable accident or incident. Carrying out efficiency testing and system-wide performance monitoring programs. Documenting a criminal act or monitoring unauthorized occupancy of the controlling locomotive cab or car operating compartment. Other purposes that the Secretary considers appropriate. Each rail carrier operating freight rail service may implement any inward- or outward-facing image recording devices approved under subsection (c). Notwithstanding any other provision of law, each rail carrier may use recordings from an inward- or outward-facing image recording device approved under subsection
(c)for any of the purposes described in subsection (d). The Secretary may— require in-cab audio recording devices for the purposes described in subsection (d); and define in appropriate technical detail the essential features of the devices required under subparagraph (A). The Secretary may exempt any rail passenger carrier or any part of a rail passenger carrier’s operations from the requirements under subsection
(a)if the Secretary determines that the rail passenger carrier has implemented an alternative technology or practice that provides an equivalent or greater safety benefit or is better suited to the risks of the operation. A rail carrier may take appropriate enforcement or administrative action against any employee that tampers with or disables an audio or inward- or outward-facing image recording device installed by the rail carrier. Each rail passenger carrier subject to the requirements of subsection
(a)shall preserve recording device data for 1 year after the date of a reportable accident or incident. The Secretary may not disclose publicly any part of an in-cab audio or image recording or transcript of oral communications by or among train employees or other operating employees responsible for the movement and direction of the train, or between such operating employees and company communication centers, related to an accident investigated by the Secretary. However, the Secretary shall make public any part of a transcript or any written depiction of visual information that the Secretary decides is relevant to the accident at the time a majority of the other factual reports on the accident are released to the public. An in-cab audio or image recording obtained by a rail carrier under this section may not be used to retaliate against an employee. Nothing in this section may be construed as requiring a rail carrier to cease or restrict operations upon a technical failure of an inward- or outward-facing image recording device. Such rail carrier shall repair or replace the failed inward- or outward-facing image recording device as soon as practicable. . The table of contents for subchapter II of chapter 201 is amended by adding at the end the following: 20168. Installation of audio and image recording devices. .