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HOUSE BILL 146
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Dayan Hochman-Vigil
AN ACT
RELATING TO RAILROADS; ENACTING THE RAILWAY SAFETY ACT;
MANDATING THE USE OF WAYSIDE DETECTOR SYSTEMS; REQUIRING THE
REPORTING OF RAILWAY SAFETY VIOLATIONS AND PROHIBITING
RETALIATORY ACTION; PROVIDING ADMINISTRATIVE PENALTIES FOR
RAILWAY SAFETY VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Railway Safety Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Railway Safety Act:
A. "crew member" means a person employed by or
contracted with a railroad corporation to assist with the
operation of a railroad or train;
B. "department" means the department of
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transportation;
C. "dragging equipment detector" means an
electronic device or other technology that monitors a passing
train to detect and alert operators of the train of the
existence of an object dragging from the train;
D. "hot bearings detector" means an infrared
detector located along railroad tracks that monitors a passing
train to detect and alert operators of the train to any
overheating of a train's bearings, axles or wheels;
E. "railroad corporation" means a corporation
incorporated under Chapter 63 NMSA 1978 or a corporation
incorporated under the laws of any other state that owns or
operates a railroad or train in the state of New Mexico;
F. "railway safety violation" means a violation of
a provision of Section 3 of the Railway Safety Act;
G. "roadway" means every way, place, highway or
street that is improved, designed or ordinarily used for
vehicular traffic and generally open to public use as a matter
of right for the purpose of vehicular travel; and
H. "wayside detector system" means an electronic
device or a series of connected devices that monitor a passing
train to determine whether the train has a defect and includes
a hot bearings detector and a dragging equipment detector.
SECTION 3. [NEW MATERIAL] WAYSIDE DETECTOR SYSTEMS--
DEFECT MESSAGE--SAFETY PROCEDURES--REPORT.--
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A. A railroad corporation operating a train on a
line of railroad in the state shall install and maintain a
wayside detector system with a hot bearings detector and a
dragging equipment detector installed at least every ten miles.
B. If a train receives a defect message from a
wayside detector system, the railroad corporation operating the
train shall:
(1) stop the train as soon as is practicable
without obstructing a roadway and in accordance with applicable
safety procedures;
(2) inspect the defect from a position on the
ground;
(3) remedy the defect immediately if
practicable or if the train is not safe for movement;
(4) if the inspection indicates that the
defect cannot be immediately remedied and the train is safe for
movement, proceed along the train's route at a speed not
greater than:
(a) ten miles per hour if the train is
carrying a hazardous material or dangerous good; or
(b) thirty miles per hour if the train
is not carrying a hazardous material or dangerous good;
(5) remove and set out any defective car at
the earliest opportunity;
(6) resume authorized speed only after the
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defect has been remedied and the next wayside detector
indicates that there is no longer a defect; and
(7) prepare and submit a written inspection
report to the appropriate railroad corporation official.
C. By January 1, 2027, and by January 1 of each
year thereafter, a railroad corporation operating a train on a
line of railroad in the state shall submit to the department a
report that discloses at minimum the following:
(1) the location of each installed wayside
detector system;
(2) the type and characteristic of each
installed wayside detector system;
(3) the operational status of the wayside
detector system and all installed hot bearings detectors and
dragging equipment detectors; and
(4) the details of all defect messages
received from a wayside detector system and the corresponding
inspection report prepared for each defect message.
SECTION 4. [NEW MATERIAL] RAILWAY SAFETY VIOLATIONS--
REPORTING--RETALIATION.--
A. A crew member of a railroad corporation shall
report to the department if the crew member observes a railway
safety violation.
B. The department shall create a uniform protocol
for reporting railway safety violations and shall allow for
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anonymous reporting.
C. A railroad corporation and its agents shall not
take, encourage or provoke direct or indirect retaliatory
action against a crew member because the crew member:
(1) reports a railway safety violation;
(2) provides information to, or testifies
before, a public body as part of an investigation, hearing or
inquiry into a railway safety violation; or
(3) objects to or refuses to participate in an
activity, policy or practice that constitutes a railway safety
violation.
D. The department shall promulgate rules to
implement the provisions of this section and establish
procedures for reporting and investigating alleged retaliation.
SECTION 5. [NEW MATERIAL] RAILWAY SAFETY VIOLATIONS--
INVESTIGATION--ADMINISTRATIVE PENALTY--APPEAL.--
A. The department, after receiving a report
alleging a railway safety violation, is authorized to enter
a railroad corporation's lands to investigate the alleged
violation. Prior to entering, the department shall give due
notice to the railroad corporation. A railroad corporation
shall not prohibit entry to the department after receiving due
notice.
B. If the department finds that a railroad
corporation or an officer, agent or employee of a railroad
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corporation commits a railway safety violation, the department
may assess a fine of not less than five thousand dollars
($5,000) but not more than twenty-five thousand dollars
($25,000) on the railroad corporation.
C. In addition to the remedies provided in this
section, the department may apply to a district court for an
injunction restraining a person or railroad corporation from:
(1) committing a railway safety violation;
(2) prohibiting entry onto lands pursuant to
Subsection A of this section; or
(3) failing or refusing to comply with a rule
promulgated pursuant to this section.
D. The department shall, after public notice and a
public hearing, establish a system of administrative penalties
on a scale in relation to the severity and frequency of the
railway safety violation.
E. A person or railroad corporation aggrieved by a
decision of the department made under the provisions of this
section may appeal to the administrative hearings office for a
hearing. A person or railroad corporation that continues to be
aggrieved after the decision made by a hearing officer may
appeal that decision to district court pursuant to the
provisions of Section 39-3-1.1 NMSA 1978.
F. The department shall promulgate rules to
implement the provisions of this section.
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SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.
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