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 Post subject: Licensing and other Legal Matters...
PostPosted: Mon Dec 31, 2007 2:55 am 

Joined: Sat Sep 04, 2004 10:54 am
Posts: 1186
Location: Tucson, Arizona
Both TVRM and OPT require that an official be apprised of the situation. However, in some instances that person may not be able to be physically at the scene.

Licensing requirements will be different for streetcar operations that don't operate under FRA. The reason is that streetcars are not legally considered motor vehicles and so the operator (if involved in a streetcar vs. motor vehicle incident will have to show their driver's license). Old Pueblo Trolley requires that all motormen maintain valid Class B CDLs with endorsements and a valid medical card. They are instructed that those cards must be carried at all times and produced upon demand by a company official or police officer. In our case, any incident will go on the motorman's record (if at fault) since we operate strictly within the public street.

In the instance where the TVRM train under my command had it's grade crossing collision, the Officer of the Day was notified but never bothered to come to the scene. Our instructions to crews are that they are to contact the officer of the day but the coordination between the railroad and the police falls to the conductor. Also, our enginemen were instructed never to leave the cab except in case of danger-reason being that once they get off the locomotive they cannot invoke the protection of the FRA regs.

_________________
"When a man runs on railroads over half of his lifetime he is fit for nothing else-and at times he don't know that."- Conductor Nimrod Bell, 1896


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 Post subject: Re: Licensing Legal Matters...
PostPosted: Mon Dec 31, 2007 5:51 pm 

Joined: Mon Aug 23, 2004 3:01 pm
Posts: 1755
Location: SouthEast Pennsylvania
Alan Walker wrote:
Licensing requirements will be different for streetcar operations that don't operate under FRA. The reason is that streetcars are not legally considered motor vehicles and so the operator (if involved in a streetcar vs. motor vehicle incident will have to show their driver's license). Old Pueblo Trolley requires that all motormen maintain valid Class B CDLs and produced upon demand by a police officer.
For this same reason [not a motor vehicle in Pennsylvania], it was suggested that Penn's Landing Trolley and New Hope & Ivyland RR crews NOT carry a driver's license of any kind while on duty!


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 Post subject: Re: Licensing Legal Matters...
PostPosted: Tue Jan 01, 2008 4:11 am 

Joined: Fri Aug 27, 2004 4:02 pm
Posts: 1883
Location: Back in NE Ohio
CSX gives all engineers a card of instructions of what to do in the event of a grade crossing/trespasser accident. It says we can show that card to the local Barney Fife as explanation why we don't have to show him our personal driver's license, only our FRA certificate. Most of us also have decided that we are not going to get off the locomotive until supervision shows up to relieve us and coordinate with the cops. Guys in NJ have been threatened with arrest just for being in an accident! One guy said the cop was waiving his cuffs in his hand calling for the engineer to get down off the unit. A lot of law enforcement just aren't aware of the finer points of common carrier law. I'm not going to jail for CSX, or having my insurance rates jacked up over an accident that wasn't my fault! Personally, I plan on just telling Johnny Law that my driver's license is back in my locker at the yard office and he'll have to settle for the FRA doc.


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