Prior to 1970, the federal government and the states shared responsibility for railroad safety. The 1970 Federal Railroad Safety Act changed that arrangement by providing for federal preemption over the states in the regulation of railroad safety.

However, the 1970 act did authorize participation by the states in the Federal Railroad Administration Track and Equipment Inspection Program. Under the provisions of the act, each state chooses whether it prefers to hire state inspectors and participate in the program, or not to participate, thus allowing for inspection by federal employees of railroad track and equipment within its borders.

Because Virginia has not joined the program, presently railroad track and equipment in the Commonwealth is being inspected by employees of the Federal Railroad Administration (FRA) of the Department of Transportation. Thus, since 1970 the State Corporation Commission has been unable to act pursuant to Virginia Code section 56-128, which requires the Commission to inspect the works and equipment of all railroads operating in the Commonwealth.

It should be noted that the federal inspectors who inspect track and equipment in the Commonwealth are also responsible for conducting such inspections in nearby states .

Senate Bill No. 932 of the 1979 General Assembly would have authorized the State Corporation Commission to participate in carrying out investigative and surveillance activities in connection with any rule, regulation, order or standard prescribed by the Secretary of Transportation under the authority of the Federal Railroad Safety Act. The bill would have further provided that the Commonwealth's participation in the program would be supplemental and would not replace the federal government's responsibility in the inspection of railroad facilities. Attached as Appendix I of this report is a copy of Senate Bill No. 932 of 1979.

After Senate Bill No. 932 was introduced, it was referred to the Senate Committee on Commerce and Labor. That committee considered the legislation and decided to carry it over to the following year. Senator William E. Fears, Chairman of the committee, appointed a Senate subcommittee to study the merits of the legislation between General Assembly Sessions and to report its findings to the committee. After studying Senate Bill No. 932 during 1979, the subcommittee recommended to the full committee that a joint subcommittee be appointed to thoroughly review the legislation and the consequences it might have. Thus, Senate Joint Resolution No. 46 of the 1980 General Assembly was introduced and adopted.