Since 2003, when the TSB first issued a recommendation with respect to communication recording devices in locomotive cabs, Transport Canada has established two previous working groups – in 2006 and 2009 respectively – to study the feasibility of including this technology within the confines of locomotive cabs.
2006 Working Group
In July 2003 the Transportation Safety Board (TSB) released final report R99T0017 regarding the results of its investigation into an incident that occurred on January 19, 1999 in Trenton, Ontario.
The TSB issued one rail safety recommendation (R03-02):
The Department of Transport, in conjunction with the railway industry, establish comprehensive national standards for locomotive data recorders that include a requirement for an on-board cab voice recording interfaced with on-board communications systems)."
In 2006, in response to recommendations made by both the Transportation Safety Board of Canada (TSB) and the National Transportation Safety Board (NTSB)Footnote 3 of the United States (U.S.), Transport Canada-Rail Safety established a Working Group that included members from the Federal Railroad Administration (FRA), TC Civil Aviation, TC Rail Safety, the rail industry and unions to consider locomotive voice recorders.
The Working Group determined that the rationale for the implementation of voice data recorders on aircraft, i.e. given lower survivability rates in air accidents, did not generally apply in the rail mode.
Following a review of the issue in the U.S., the Federal Railroad Administration (FRA) concluded that it would not proceed with making voice recorders a regulatory requirement.
The FRA and Transport Canada took action to require the hardening of event recorders to improve survivability as well as increasing the safety data collected.
The Working Group concluded that locomotive voice recorders were an investigative tool rather than a safety issue.
2009 Railway Safety Act Working Group on Proximity/Operations
In November 2007, the Panel appointed to review the Railway Safety Act made the following recommendation (#44):
Transport Canada should require the application of voice recorders on all new and existing locomotives, with survivability provisions similar to those for locomotive event recorders.Footnote 4
In 2009, the Railway Safety Act Working Group on Proximity/Operations was established to address recommendation #44. The Working Group, comprised of industry, union and Transport Canada representatives, discussed at length the possibility of legal or Charter issues depending on volunteer or regulatory programs. The unions expressed concerns and opposition to locomotive voice recorders, if used for compliance monitoring by the railways.
In August 2009, following discussions between Rail Safety's Director, Regulatory Affairs and the Associate Administrator for Railroad Safety/Chief Safety Officer for the Federal Railroad Administration (FRA), the Working Group learned that the FRA was not proceeding with the possible inclusion of voice recorders on new and existing locomotivesFootnote 5.
The Working Group presented its final report to the Railway Safety Act (RSA) Review Steering CommitteeFootnote 6 on December 14, 2011, and recommended, and the Steering Committee concurred, to not pursue the issue due to:
- regulatory harmonization initiatives with the U.S. to facilitate cross-border rail transportation,
- lack of safety benefits, and
- possible privacy or Charter issues.