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RAIL SAFETY N A F T A
Canada-US Bilateral Harmonization
Path Forward
NAFTA• NAFTA came into force in January 1994• Land Transportation Standards
Subcommittee (LTSS) established to Consider compatibility of rail safety regulations relevant to cross-border operations
CANADA
Federally Regulated Railways - 31
Provincially Regulated Railways - 50
RAC Member Railways - 60
Canada = 10 Provinces & 3 Territories
Transport Canada = HQ + 5 Regions
Several Provinces using Federal regime
USA
Federally Regulated Railways - 31
Provincially Regulated Railways - 50
RAC Member Railways - 60
Canada = 10 Provinces & 3 Territories
Transport Canada = HQ + 5 Regions
Several Provinces using Federal regime
INTERNATIONAL
REGULATORY OPTIONS
• BILATERAL-MULTILATERAL• HARMONIZATION
–When possible & practicable
• RECIPROCITY–Minimize differences
• EXEMPTIONS/WAIVERS
LTSS(historical example)
LTSS identified 3 Operational Issues
• Crew Qualification Standards
• Hours of Service Rules
• Occupational Safety & Health Regulations
• Closer FRA-TC working relationship was established 1995
(both management & day-to-day operations)
• Process jointly developed to review compatibility of respective regulatory regimes
FRA-TCResponse
• Joint FRA-TC Technical Review Working Group (TRWG) set up
• Involved U.S./Cdn HQ & Regions
• Joint FRA-TC Cross-border field inspections conducted
(Mexico invited as observer)
TRWG
Canada-U.S. CROSS-BORDER ISSUES
TC / FRA jointly reviewed following -• Operating rules & practices• Control of Alcohol & drugs• Railway communications• Rear End marking devices• Accident/Incident Reporting• Hours of Service • Occupational Safety & Health• Locomotive Engineer qualifications
TRWG FINDINGS
…neither the current regulations nor existing railway operating practices appear to impede the flow of goods and traffic under NAFTA. Joint FRA-TC Report, 1997
FRA-TC Initiatives
Proposed ACTION PLAN included-
• Annual Senior Management Meetings• Increased Consultation (Regs & Policy)
• Data Sharing (eg. acc/incidents-safety issues/concerns)
• Joint Inspections
Path Forward
TC / FRA committed to continued cooperation under the Regulatory Cooperation Council (RCC) framework put forward Prime Minister Harper and President Obama
TC / FRA committed to develop a Memorandum of Understanding to formalize bi-national cooperation
RCC
TC / FRA committed to develop a Memorandum of Understanding to formalize bi-national cooperation.
The RCC will cover a commitment to facilitate all cross-border operations, including passenger.
Commitment
If cross-border passenger rail service is extended or expanded, FRA and TC will use existing bi-national frameworks to evaluate the need to harmonize safety regulations to facilitate service.
“Working Together”Better Understand Respective Regulatory Needs
Earlier Consultation & Co-operationLearn From Each Other’s Best Practices
Smart RegulationsInstrument of Choice
Progressive Regulator Facilitate SAFE Cross-border Trade
Thank You
Merci