Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 2004 3
4
By: Representative D. Whitaker 5
6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE OPERATION AND 9
MAINTENANCE OF RAILROADS; TO CREATE STANDARD 10
REQUIREMENTS CONCERNING RAILROAD TRAIN DEFECT 11
DETECTORS AND TRENDING DEFECT DETECTOR TECHNOLOGY; TO 12
REQUIRE CERTAIN INFORMATION TO BE PUBLISHED REGARDING 13
DEFECT DETECTORS AND TRENDING DEFECT DETECTOR 14
TECHNOLOGY; TO CREATE A PROCEDURE FOR THE DETECTION 15
OF A DISCREPANCY IN THE NUMBER OF AXLES ON A RAILROAD 16
TRAIN BY A DEFECT DETECTOR; TO CREATE CIVIL 17
PENALTIES; AND FOR OTHER PURPOSES. 18
19
20
Subtitle 21
TO CREATE STANDARD REQUIREMENTS 22
CONCERNING RAILROAD TRAIN DEFECT 23
DETECTORS AND TRENDING DEFECT DETECTOR 24
TECHNOLOGY. 25
26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
28
SECTION 1. Arkansas Code Title 23, Chapter 12, is amended to add an 29
additional subchapter to read as follows: 30
Subchapter 11 — Train Defect Detector Safety 31
32
23-12-1101. Legislative findings and intent. 33
(a) The General Assembly finds that in light of the February 2023 34
railroad train derailment in East Palestine, Ohio, and in light of the 35
absence of any federal regulation of train defect detectors, the continuing 36 HB2004
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operation of railroad corporations with no oversight or regulation of hot box 1
detectors operating within the state on a main railroad line or branch 2
railroad line exposes the public to unnecessary dangers and disruptions of 3
commerce. 4
(b) The General assembly intends for this act to eliminate unnecessary 5
dangers and disruptions of commerce imposed on communities and residents of 6
Arkansas. 7
8
23-12-1102. Definitions. 9
As used in this subchapter: 10
(1)(A) "Defect detector" means an integrated or standalone 11
electronic device that scans passing railroad trains or equipment for a 12
defect, including without limitation: 13
(i) A hot wheel bearing; 14
(ii) A hot wheel; 15
(iii) A shipment that has an excessive height or 16
width; 17
(iv) Shifted lading; and 18
(v) Dragging equipment. 19
(B) "Defect detector" includes without limitation: 20
(i) An acoustic bearing detector; 21
(ii) A dragging equipment detector; and 22
(iii) A wheel impact detector; 23
(2)(A) “Railroad” means non -highway ground transportation that 24
runs on rails or electromagnetic guideways in this state. 25
(B) "Railroad" includes without limitation a: 26
(i) Commuter railroad service or other short -haul 27
railroad passenger service in a metropolitan or suburban area; and 28
(ii) High-speed ground transportation system that 29
connects metropolitan areas without regard to whether the high -speed ground 30
transportation system uses new technologies not associated with traditional 31
railroads. 32
(C) "Railroad" does not include a rapid transit operation 33
in an urban area that is not connected to the general railroad system of 34
transportation; 35
(3) "Railroad corporation" means a corporation, company, or 36 HB2004
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individual that owns or operates a railroad in this state as an owner, 1
lessee, mortgagee, trustee, assignee, or receiver; 2
(4)(A) “Railroad train" means a locomotive, multiple locomotives 3
coupled together, or one (1) or more locomotives coupled with one (1) or more 4
cars that require an air brake test under 49 C.F.R. Part 232, as it existed 5
on January 1, 2025, or 49 C.F.R. Part 238, as it existed on January 1, 2025. 6
(B) "Railroad train" does not include: 7
(i) A locomotive or car during switching operations; 8
or 9
(ii) A locomotive or car is that operated to 10
classify and assemble cars within a railroad yard for the purpose of making 11
or breaking up railroad trains; 12
(5) "Restricted speed" means a speed that: 13
(A) Permits a railroad train to stop within one -half (1/2) 14
of the range of vision; and 15
(B) Does not exceed twenty miles per hour (20 m.p.h.); and 16
(6)(A) "Trending defect detector technology" means an algorithm -17
based technology applied to a defect detector that allows for communication 18
from one (1) defect detector to another defect detector in order to predict 19
or detect a defect of a railroad train. 20
(B) "Trending defect detector technology" includes without 21
limitation the communication between defect detectors of information 22
concerning: 23
(i) The changing temperature of wheel bearings on a 24
railroad; 25
(ii) Acoustic information; and 26
(iii) Other data that would lead to the discovery of 27
a failure of rolling equipment. 28
29
23-12-1103. Defect detector — Minimum requirements. 30
(a) A defect detector shall be equipped with: 31
(1) A hot box detector; 32
(2) A hot wheel detector; and 33
(3) Dragging equipment detector technology. 34
(b)(1) A defect detector shall be equipped with an audible alarm that 35
broadcasts on a radio channel frequency assigned to the specific territory in 36 HB2004
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which the defect detector is located by the Association of American 1
Railroads. 2
(2) If a defect is detected, a defect detector shall be equipped 3
to: 4
(A) Sound an alarm over the assigned radio channel 5
frequency three (3) consecutive times for no longer than five (5) seconds and 6
with five (5) seconds of silence in between each sounding of the alarm; and 7
(B) Repeat an audible message three (3) times with twenty 8
(20) seconds of silence between each broadcast of the audible message stating 9
the following information: 10
(i) The defect detector location milepost and name; 11
(ii) The track number if the defect detector is 12
located in multiple track territory; 13
(iii) The total number of axles in the railroad 14
train, including motive power; and 15
(iv) The location of defects within the railroad 16
train or equipment. 17
(3) If a defect is not detected, the defect detector shall be 18
equipped to provide an audible message that states the following: 19
(A) The location of the defect detector milepost and name; 20
(B) The track number in multiple track territory; 21
(C) The total number of axles in the railroad train, 22
including motive power; 23
(D) The speed of the railroad train; and 24
(E) A statement that no defect was detected, including the 25
phrase, "repeat no defects, out". 26
27
23-12-1104. Trending defect detector technology. 28
(a) A defect detector equipped with trending defect detector 29
technology or similar technology shall: 30
(1) Not have a silent alarm; and 31
(2) Be listed to all operating crew who operate equipment on the 32
railroad track on which the defect detector is located. 33
(b) If a railroad train passes a defect detector equipped with 34
trending defect detector technology and a trending defect issue is detected: 35
(1) The operating crew of the railroad train shall stop in 36 HB2004
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accordance with safe railroad train handling procedures issued by the 1
railroad corporation that owns or operates the railroad train; 2
(2) An inspection of the railroad train shall be made by the 3
operating crew from a position on the ground; 4
(3) The railroad train inspection results shall be noted by the 5
operating crew and presented to the appropriate officer of the railroad 6
corporation, the dispatcher, or another qualified person; and 7
(4) If the inspection under subdivision (b)(2) of this section 8
finds that the railroad train is safe to move, the railroad train may proceed 9
at a speed that does not exceed: 10
(A) Ten miles per hour (10 m.p.h.) if the railroad train 11
is carrying hazardous materials; or 12
(B) Thirty miles per hour (30 m.p.h.) if the railroad 13
train is not carrying hazardous materials. 14
(c) If a railroad train that has a trending defect issue detected 15
under subsection (b) of this section passes another defect detector equipped 16
with trending defect detector technology and a trending defect issue is 17
detected a second time: 18
(1) The operating crew of the railroad train shall stop in 19
accordance with safe railroad train handling procedures issued by the 20
railroad corporation that owns or operates the railroad train; 21
(2) The railroad train or equipment shall be inspected by the 22
operating crew from a position on the ground; 23
(3) A determination shall be made by a qualified person whether 24
the railroad train is safe to move based on the inspection required under 25
subdivision (c)(2) of this section; 26
(4) After the inspection required under subdivision (c)(2) of 27
this section, the railroad train or equipment shall be set out immediately by 28
the operating crew at the nearest siding, spur, or designated repair track; 29
and 30
(5) The railroad train or equipment shall not be moved unless a 31
qualified person has thoroughly inspected and repaired the railroad train or 32
equipment. 33
34
23-12-1105. Defect detector — Requirements. 35
(a) An installed defect detector shall remain on with all audible 36 HB2004
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alarms set to a volume high enough for an operating crew to hear reporting 1
from the defect detector. 2
(b) A defect detector that is equipped with a hot wheel bearing 3
detector shall have a sensitivity level no higher than one hundred ten 4
degrees Fahrenheit (110°F). 5
(c)(1) If the repair of a defect detector is required, the railroad 6
corporation that owns the defect detector shall notify the Arkansas 7
Department of Transportation. 8
(2) A railroad train operating on a railroad around a defect 9
detector that requires repair: 10
(A) Shall not exceed the restricted speed; and 11
(B) May resume timetable speed if the next defect detector 12
on the railroad indicates that the railroad train has no defects. 13
14
23-12-1106. Information required to be published. 15
A railroad corporation shall publish and make known to all operating 16
crews that operate railroad trains over railroad tracks equipped with defect 17
detectors that: 18
(1) An operating crew of a railroad train that receives an alarm 19
from a defect detector or a defect detector equipped with trending defect 20
detector technology shall reduce the speed of the railroad train in 21
accordance with the railroad corporation's operating rules until the defect 22
detector is cleared; 23
(2) After receiving a defect detector message indicating a 24
defect, the operating crew of the railroad train shall stop in accordance 25
with the railroad corporation's operating rules and inspect the railroad 26
train from a position on the ground; 27
(3) An operating crew of a railroad train receiving a defect 28
message of dragging equipment or a similar message from a defect detector 29
shall stop immediately in accordance with the railroad corporation's 30
operating rules and inspect the railroad train from a position on the ground; 31
(4) If defects are found, the railroad train shall be inspected 32
by the operating crew based on the industry standard of twenty (20) axles 33
before and after the reported defect on both sides of the railroad train; 34
(5) An inspection of a railroad train that is required based on 35
a report from a defect detector shall not be made from a vehicle or any other 36 HB2004
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form of transportation; and 1
(6) A person shall not relieve a railroad train operating crew 2
or an operator of a railroad train or equipment from an inspection under this 3
section while operating the railroad train or equipment within the state. 4
5
23-12-1107. Discrepancy in number of axles detected by defect 6
detector. 7
(a) If a defect detector detects that a railroad train has at least 8
two (2) fewer axles than the number of axles known to be in the railroad 9
train, the discrepancy shall be reported to the proper railroad authority 10
governing railroad train movement in the territory. 11
(b) If an axle count provided by a defect detector is at least two (2) 12
or more axles than the number of axles known to be in the railroad train: 13
(1) The proper railroad authority governing railroad train 14
movement in the territory shall be notified; 15
(2) The extra equipment or extra railroad train car shall be 16
identified within five (5) miles of the location where the defect detector 17
reported the defect; 18
(3) If communication is not established with the proper railroad 19
authority, all movement of the railroad train shall stop within five (5) 20
miles of the location where the defect detector reported the defect; 21
(4) The railroad train shall not proceed unless the extra 22
equipment or extra railroad train has been identified; 23
(5) If the extra equipment is known to be hazardous, the 24
railroad train shall not proceed without a radio waybill or proper 25
documentation; and 26
(6) Operating crew at the operating controls of a moving 27
railroad train or equipment shall not be permitted to copy or repeat radio 28
waybill information. 29
30
23-12-1108. Civil penalty. 31
(a)(1) A person or railroad corporation who violates this subchapter 32
is subject to a civil penalty of at least ten thousand dollars ($10,000) but 33
not more than twenty -five thousand dollars ($25,000) for each day that the 34
violation continues. 35
(2) A person or railroad corporation that violates this 36 HB2004
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subchapter is subject to a one -time civil penalty of five hundred thousand 1
dollars ($500,000) if the Director of the State Highways and Transportation 2
finds: 3
(A) The violation to be grossly negligent; or 4
(B) That a pattern of repeated violations has caused: 5
(i) An imminent hazard of death or injury to an 6
individual; or 7
(ii) Death or injury to an individual. 8
(b) A civil penalty collected under this section shall be deposited 9
into the State Highway and Transportation Department Fund to be used for the 10
maintenance, repair, and construction of the state highway system. 11
(c) If a violation of this subchapter results in a railroad train 12
derailment in the vicinity of a municipality and a civil penalty is assessed 13
under subdivision (a)(2) of this section, one -half (1/2) of the civil penalty 14
shall be remitted to the Arkansas Department of Transportation and one -half 15
(1/2) of the civil penalty shall be remitted to the affected municipality. 16
(d) The director shall determine the amount of a civil penalty imposed 17
under subsection (a) of this section based on: 18
(1) The nature, circumstances, extent, and gravity of the 19
violation; 20
(2) With respect to the violator, the: 21
(A) Degree of the violator's culpability; 22
(B) Violator's history of violations; 23
(C) Violator's ability to pay; and 24
(D) Effect on the violator's ability to continue to do 25
business; and 26
(3) Any other factors required by law. 27
28
SECTION 2. DO NOT CODIFY. Compliance. 29
A railroad corporation operating within this state has twelve (12) 30
months from the effective date of this act to retune all defect detectors 31
within the state to ensure compliance with this act. 32
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