The Class I railroads are not being honest about Automated Track Inspection (ATI): The railroads do not need waivers or suspensions of federal safety regulations in order to test or use the track inspection machines. The waivers and suspensions of regulations sought by the railroads concern the frequency of human track inspections. These human inspections still need to be required to ensure track safety because ATI does not pick up on the vast majority of track defects. Only 26% of all track related defects can be detected by ATI, the other 74% can ONLY be detected by a human being.

The Class I railroads are actively trying to reduce required visual track inspections, a move that would result in more track defects undetected, more derailments, and a less safe railroad system nationwide.

What Brotherhood of Maintenance of Way Employes Division (BMWED) Supports: BMWED believes that the rail industry should voluntarily or be required to adopt a higher ATI inspection frequency than currently required to catch more track geometry defects, while maintaining human visual frequency of inspection requirements to catch other track defects. BMWED also believes FRA should clearly state that increased ATI frequencies are to supplement, not replace, the required human visual inspection frequencies.

Current Status of ATI

In December 2025, the Federal Railroad Administration (FRA) approved an industry-wide waiver allowing participating freight railroads to reduce federally required visual track inspections under 49 CFR §213.233 by substituting a portion of those inspections with automated Track Geometry Measurement Systems (TGMS), commonly referred to as Automated Track Inspection (ATI). (BMWED-IBT President Tony Cardwell Statement on Automated Track Inspection (ATI) Waiver Decision)

Under the waiver, participating railroads are permitted to reduce the required visual inspection frequency from twice weekly to once weekly, provided they comply with numerous reporting, inspection, and performance conditions intended to demonstrate that the reduced inspection program provides a level of safety equivalent to the existing federal regulations. FRA has indicated that it will evaluate the waiver during the first year of implementation before considering whether any additional inspection reductions are appropriate.

BMWED supports the use of technology to improve rail safety. However, the organization remains concerned that the current waiver allows reductions in proven visual inspections before the railroads have demonstrated, through transparent and independently verifiable data, that ATI provides an equivalent level of safety.

Waiver Expansion

Since implementation began in March 2026, the ATI waiver has expanded rapidly.

With the addition of CSX and Norfolk Southern, the waiver now encompasses nearly one-third of all U.S. Class I track miles, including major freight corridors, passenger rail routes, commuter rail territory, hazardous materials routes, and some of the nation's largest metropolitan areas.

CSX's waiver includes heavily populated corridors serving Washington, D.C., Baltimore, Philadelphia, New York City, Richmond, Boston, Chicago, Nashville, Cleveland, Buffalo, Albany, and numerous other major cities.

Norfolk Southern's waiver territory includes the line through East Palestine, Ohio, placing the route affected by the 2023 derailment within the reduced visual inspection framework authorized under the waiver.

Interactive ATI Territory Map

What the Data Shows So Far

Unlike when the waiver was first approved, FRA and stakeholders now have multiple months of operating data from Union Pacific and BNSF, baseline data from Norfolk Southern, and implementation data from CSX.

Several consistent themes have emerged.

Human inspectors continue to identify substantially more defects than ATI systems.

Although TGMS systems measure only geometry-related conditions, these reports consistently demonstrate that experienced human inspectors continue to identify substantially more reportable defects than automated inspection systems.

Human inspectors continue to find defects after ATI has already inspected the territory.

Analysis of Union Pacific and BNSF monthly reports identified numerous instances where qualified track inspectors discovered reportable defects after TGMS inspection vehicles had already traversed the same territory.

These findings demonstrate that automated inspection does not eliminate the need for experienced visual inspectors and raise important questions regarding claims that ATI consistently provides earlier detection of developing track conditions.

Norfolk Southern's baseline submission did not permit this analysis because the railroad redacted the dates associated with visual inspection exceptions.

Engineering responses remain difficult to independently evaluate.

Although participating railroads identify general remedial actions following TGMS detections, the publicly available reports generally do not provide sufficient engineering detail to independently determine:

• What speed restrictions were imposed?

• How long restrictions remained in place?

• When permanent repairs occurred?

• or whether similarly severe defects consistently received similar engineering responses.

Without that information, meaningful engineering evaluation remains limited.

Important data remains unavailable.

Several participating railroads continue to omit information necessary for independent review.

Among the continuing concerns are:

• Absence of raw TGMS measurement datasets.

• Absence of field verification measurements.

• Significant redactions in several railroad submissions.

• Incomplete engineering response documentation.

• Fragmented inspection coverage records.

• and broad reporting groups that can obscure localized performance trends.

These limitations make it difficult to independently evaluate whether waiver conditions have been satisfied and whether ATI performance supports reductions in federally required visual inspections.

Why This Matters

ATI is designed to measure track geometry. It is not designed to identify many categories of defects routinely discovered through visual inspection, including defects involving:

• Ties

• Fasteners

• Ballast

• Drainage

• Switches

• Crossings

• Joints

• Obstructions

• Washouts

• and numerous other Infrastructure Conditions.

Approximately 74 percent of defects identified during visual inspections involve conditions outside the capability of current ATI systems.

Technology can improve rail safety when used appropriately. However, the monthly reports submitted under the waiver continue to demonstrate that ATI supplements human inspection rather than replacing it.

Secure Tracks Act

This legislation would codify the twice weekly visual track inspection requirement that has long served as a core rail safety safeguard, while reinforcing the principle that inspection technology should supplement, not replace trained human inspectors unless and until safety equivalency is clearly demonstrated. (BMWED Applauds Bipartisan Secure Tracks Act Legislation)

Rail safety is inseparable from community safety. Reductions in visual track inspections increase the risk of failures that can impact first responders, surrounding communities, and critical supply chains. As such, it is essential that any transition toward automated inspection systems be grounded in complete data, rigorous validation, and transparent oversight.

Until FRA requires complete TGMS measurement datasets, verifiable proof of full baseline coverage, and reporting that can be reconciled across movement, exception, and defect records, reduced visual inspections are being implemented without an adequate evidentiary basis.

TAKE ACTION: Use the links below to quickly contact your Members of Congress and urge support for the Secure Tracks Act in the House (H.R. 7784) and the Senate (S. 3987). Additionally, we encourage you to contact your representatives directly by email, phone, or mail. Let’s make sure our voices are heard—pass the Secure Tracks Act. (BILL TEXT)

ACTION NETWORK: SECURE TRACKS ACT - Senate Bill (H.R. 7784)

ACTION NETWORK: SECURE TRACKS ACT - House Bill (H.R. 7784)

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The Brotherhood of Maintenance of Way Employes Division (BMWED) is a national union representing the workers who build and maintain the tracks, bridges, buildings and other structures owned and operated by railroads across the United States. The BMWED is a member of the Rail Conference, International Brotherhood of Teamsters.