Regulatory Approach
While it was agreed that adopting a voluntary approach would be the ideal, the Working Group also examined the pros and cons of a regulatory approach.
The Working Group members discussed the implications of a new regulation to mandate voice/video recorders on locomotives. Concerns were raised with respect to the regulation being able to demonstrate and justify the safety need and benefit.
It was agreed among members that it was very unlikely that this option would pass Cabinet scrutiny. However, industry members are of the opinion that if the recordings could be used for compliance purposes, they would support such a regulation.
Amendment to existing rule
The Working Group also explored amending the Locomotive Inspection and Safety Rules. Under this option, three possibilities were examined:
- Section 20 industry voluntarily amends the Rules to require voice/video recording devices on all locomotives
- Amending the Rules to require voice/video recording devices on passenger locomotives only
- Section 19 Minister imposes that the Rules be amendedFootnote 25
The railways would only support such an amendment to the Rules if they could use the information for safety and compliance monitoring on a regular basis as they do with event recorders.
For the unions, the appropriate safeguards and protections would need to be incorporated with respect to purpose, access, downloading and information sharing.
The second possibility was considered unwarranted, given that VIA is already willing to voluntarily test and install voice/video recordings.
The representatives of the railways made it clear that they would strongly object if a Section 19 to amend the rules was used rather than the regulatory development process (which would consider costs and safety benefits).
Ultimately, it was agreed that amending the existing rule was fraught with similar issues and developing a regulation would not be optimal.