The 2023 East Palestine derailment has remained in the news for years
and has helped prompt Congress to make another attempt to pass the
Railway Safety Act (RSA). As previously illustrated,
the RSA’s major provisions have not been shown to meaningfully improve
safety outcomes. However, beyond the merits of individual mandates lies a
broader problem.
Washington repeatedly treats transportation modes as isolated silos
rather than parts of a unified transportation network. The result is a
fixation on safety within one mode while ignoring how freight, costs,
and risk shift across the system as a whole. The RSA fits squarely into
that pattern. In reality, freight is allocated across competing systems
based on relative cost, reliability, and regulatory friction.
As I have previously argued
in the context of the recent TSA security delays, constraints on one
mode of transportation do not reduce overall passenger demand. They
shift some travelers onto highways, where risks are significantly
higher.
A similar substitution effect exists in freight transportation,
although it is not uniform across all categories of freight. Bulk
commodities, for example, are often rail-captive because trucking them
is typically cost-prohibitive.
When rail does compete, it does not compete against an idealized version of itself under perfect safety conditions. It primarily competes against trucks. And trucking is often the default alternative when rail becomes more expensive or operationally constrained.
For the sake of argument, let us assume that this substitution effect applies only to intermodal. Intermodal accounts for a quarter of rail ton-miles, which would be 375 billion ton-miles for intermodal in 2025. The next question is how shippers might react to these regulatory burdens.
For a conservative illustrative estimate, I apply a cross-price elasticity of 0.5 drawn from the
Congressional Budget Office (CBO) freight demand modeling to the
intermodal share of rail traffic. The CBO example typically reflects
policies that increase trucking costs relative to rail, inducing
diversion toward rail.
Here, I assume symmetry in cross-price elasticities and apply the
inverse relationship. While actual elasticities vary by route,
commodity, distance, service quality, and trucking capacity, this
assumption implies that a 10 percent increase in rail shipping costs
would divert roughly 5 percent of price-sensitive freight toward
trucking.
Other rail regulations illustrate how sweeping safety mandates can
impose multi-billion-dollar shocks. Positive Train Control (PTC)
ultimately exceeded $10 billion. The RSA’s prescriptive wayside bearing detectors alone are projected to cost up to $2.2 billion.
Unlike those one-time capital expenditures, however, the RSA’s
operational mandates, such as the prescriptive inspection protocols,
would impose recurring compliance and labor costs, thereby creating
sustained upward pressure on shipping rates. Taken together, these
examples suggest a low- to high-single-digit increase in rail shipping
rates over time, depending on the degree of cost pass-through.
Applying a cross-price elasticity of 0.5 consistent with CBO freight
demand modeling to the intermodal baseline yields four illustrative
diversion scenarios under 5, 10, 20, and 30 percent cost increases, plus
a long-run compounded case, ranging from 2.5 to 15 percent diversion rates from rail to highways (9.38 to 56.25 billion ton-miles).
To evaluate the net safety impact of this modal shift, federal
transportation data can be normalized by ton-mile exposure. Because the
relevant question involves systemwide safety externalities, the
numerator includes all fatalities in crashes involving large trucks in
order to capture risk to all road users from increased truck exposure.
Dividing 5,340 large-truck-involved fatalities by 2.4 trillion highway ton-miles yields a commercial motor carrier fatality rate of 2.23 deaths per billion ton-miles.
Ton-mile normalization provides a useful first-order approximation of
exposure, though actual risk varies with vehicle-miles traveled, road
class, congestion, payload, and operating conditions. These factors are
held constant for purposes of this illustrative comparison.
By contrast, rail had about 1.5 trillion annual ton-miles in 2024. Excluding trespassers, rail recorded 111 rail deaths
that year. This adjustment with trespassers ensures consistency with
the trucking measure, which captures systemwide crash externalities from
freight activity instead of unrelated fatalities outside the
transportation function.
Trespasser deaths are not typically affected by marginal changes in
freight volumes, which makes operational rail fatalities the more
comparable measure for assessing risk from modal shifts.
On this basis, rail exhibits a fatality rate of approximately 0.07
deaths per billion ton-miles. Freight trucking is thus roughly 32 times
riskier than freight rail on this ton-mile measure, a result that is
directionally consistent with federal data showing that freight trucks
are responsible for 84.4 percent of freight fatalities despite moving 44.9 percent freight ton-miles.
This implies a net risk premium of 2.16 additional deaths per billion
ton-miles. Under the 2.5 percent diversion scenario, this translates
into roughly 20 additional fatalities per year, rising to more than 120
under the 15 percent scenario. These estimates likely understate the
effect because they assume no diversion of manifest or other carload
freight.
Regardless of the specific baseline assumptions one chooses to employ
(see Appendix below for more detail), the structural conclusion remains
as clear as it does ironic: policies that reduce rail competitiveness
and shift freight onto highways impose transportation risks of their
own.
Freight diverted from rail does not disappear. A significant amount
ends up on America’s highways. More truck traffic and greater exposure
to trucking risk necessarily imply more fatalities relative to rail.
Paradoxically, a bill intended to improve rail safety will likely leave
the transportation system as a whole more dangerous."