Charles George, KC5RAI
Brad
Paul Whatley <wha...@adams.net> wrote in message
news:3A646585...@adams.net...
After a year of little or no progress, the city summoned the railroad to
appear in court. GTW/CN sent legal counsel - a team of lawyers. The
railroad paid for airfare, lodging (nice hotel, no doubt), meals, etc. If
the railroad used outside counsel, add billable hours to the cost. Plus a
small fine for blocking an intersection.
These days, the railroad rarely blocks the intersection.
<kc5...@postoffice.swbell.net> wrote in message
news:3A63F51D...@postoffice.swbell.net...
As a State Trooper, how do you serve a summons to an engineer? You have NO
authority on railroad property and have no right to enter, on or in, a
locomotive. You would have a hell of a time giving me a ticket. If push came to
shove, you would have to arrest me and that would leave you with 150 cars
sitting over a few crossings with NO one to move them. What did you accomplish?
Ed Schleyer
Brad
DarkwolfX6 <darkw...@aol.com> wrote in message
news:20010118113034...@ng-cr1.aol.com...
"Brad Merriman" <ke...@mindspring.com> wrote in message
news:948u2d$qcj$1...@slb1.atl.mindspring.net...
Well thanks for that update, I guess my crews have been lucky. On Georgia &
Alabama Divisions I have never heard of this situation occurring, Hopefully I
won't in the future either.
Jack
> I was not aware that in the United States Of America...it was neccessary to
> have an Id card with you at all times...many many times I might be somewhere
> without a wallet....if I am not driving of course. I don't recall any
> mandatory federal ID laws...do you?
Not federal, but some states require ID to be carried. California, for
one. Yes, it's appalling.
On the subject of train-auto collisions going on the engineer's driving
record, the same is often true if you have an accident on your bicycle.
The thing that gets me about it, though, is under what circumstances is
a train-auto collision the engineer's fault?
--
-Chip Olson. | ceo at shore dot net
"You ask me why we celebrate, when nothing has been won;
We take dark hours, we make them great, that's all we've ever done..."
-Oysterband, "This Is The Voice".
Dave
Chip Olson wrote:
>
> On the subject of train-auto collisions going on the engineer's driving
> record, the same is often true if you have an accident on your bicycle.
> The thing that gets me about it, though, is under what circumstances is
> a train-auto collision the engineer's fault?
--
DL&W Sussex Branch Website
http://members.nbci.com/sbdlw
Paul
> I would like to go to the heart of why most cities and states have
>laws prohibiting grade crossing blockages.
> I live in a community of about 50,000. The BNSF splits the northern
>1/3 of town from the southern 2/3 rd's. Our hospital is in the southern
>2/3 rd's. We have 5 roadways that connect the northern part of town
>with the southern. BNSF has grade crossings at 3 of these, with a
>railroad bridge separating one and a highway bridge separating the 5th.
>Both grade separations are on the far western end of town. The main
>central route, the shortest distance to the hospital for ambulances
>coming from the north, has a grade crossing.
> How would you feel if you had a critically ill, or injured relative
>in one of those ambulances that couldn't get to the hospital because a
>train is blocking the crossing. Detouring to one of the bridges would
>add at least 10 to 15 minutes to the travel time. Many times, in a
>trauma situation, minutes can be critical to life or death.
This has been a bit of an issue where I live (Salmon Arm, BC).
911 does have a special number to CP Rail for dealing with these
situations.
My understanding of the Canadian Rail Operating Rules is that a
train can be stopped for a maximum of five minutes. I don't know that
there is a limit on how long a moving train can block a crossing.
> This is the reason these laws are enacted and need to be enforced.
> Again, most engineers I've encounter, are very considerate of this.
>It usually isn't a problem, as always though, there are exceptions.
> I've issued far more citations to motorist's for disobeying grade
>crossing signals than I have to engineers for blocking a crossing.
Well, there are more motorists than engineers, but sometimes,
given the races I've seen, all of the motorists are competing for the
same intelligence points.
> Just food for thought.
Sincerely,
Gene Wirchenko
Computerese Irregular Verb Conjugation:
I have preferences.
You have biases.
He/She has prejudices.
If you're talking about the CN/IC incident. It has been reported that
a signal maintainer was at a nearby crossing which was also needed work,
fixed that one, and reported it operable to the dispatcher.
Unfortunately, the dispatcher (apparently) got confused about which
crossing was now fully operable. The dispatcher took the stop and
flag order off of the crossing that had been shut off and had not yet
been fixed. The indication is that the train crew was operating their
train in accordance with all rules, etc. IIRC, it wasn't a fatal
accident. The story also indicated a school bus was waiting to cross,
but the driver was operating the school bus in accordance with the
mandatory stop, look and listen laws and therefore wasn't involved in
the incident.
Dave
"Jack Nienhaus" <w9...@arrl.net> wrote in message
news:3A6869A6...@arrl.net...
: An officer can demand that you show identification and usually a
: driver's license is the easiest way to identify yourself. If you
have
: some other photo ID that should also be ok.
:
Well, trains and cars aside for the moment (which, I suppose makes
what I'm going to say inappropriate for this group), an officer can
"_demand_ you show identification" all he or she wants, but in the
United States, it is not required that you carry _any_ identification
whatsoever. Failure to have "identification" on you is not a crime.
Obviously, failure to have the appropriate license to engage in
certain activities on you--like running a locomotive or driving a car
_can_ be a crime. But one of the wonders of this country is that you
needn't fear that, when walking along a street, some police officer is
going to tell you to, "Show me your _papers_, please." If he or she
does, you can tell them to take a hike.
in article 942bfs$718$1...@nntp9.atl.mindspring.net, Brad Merriman at
ke...@mindspring.com wrote on 1/16/01 2:33 PM:
Kevin Roa
>>> In Olympia, Wa. there are certain street crossings which cannot be blocked
(again City Code)
during designated times (rush hour traffic). The track runs down the main part
of 6th Avenue in the middle of the street.<<<
Have any gifs/jpg's of this, by chance?
JT
I know that it's been a really big problem here in Muncie, Indiana.
Trains coming off the NS Frankfort district to cross the CSX
Indianapolis District (former Conrail/Big Four) and go onto the NS
Newcastle district often have to stop for the CSX trains which have
priority, or for Newcastle District trains which are passing through. A
lot of area residents have lodged complaints because of the five minute
rule violations, but the NS crews can't really do a whole lot about it.
-Eric Shock
> An officer can demand that you show identification and usually a
> driver's license is the easiest way to identify yourself. If you have
> some other photo ID that should also be ok.
That's a bad idea if you are driving a train. It gives the officer an
opportunity to write a citation against you identifying you by you driver's
license, meaning the citation can go against your driving record.
You can always identify yourself verbally.
Merritt
Doesn't having some form of ID come under vagrancy laws?
Does your federal engineer license have a picture?
I thought most vagrancy laws have been struck down as unconstitutional.
> Does your federal engineer license have a picture?
I don't know, but what's wrong with telling the officer "I'm Robert Smith,
and I work for the Union Pacific Railroad." Unless he suspects the train
has been stolen or hijacked, he has no reason to doubt your verbal
identification. He really has no reason to see your engineer's license, as
he has no authority to enforce the laws regarding it use.
Merritt
Only moving violations in a motor vehicle are counted against your
driving record. Any other type of violation will result only in a
summons to appear in municipal court. Blocking the crossing with
your locomotive will not get your state automobile driver's license
suspended. Further, in most cases, moving violations committed
outside of your state of residence do not count either. For example,
speeding in Ohio is 2 points on the license, but I can go to Pennsylvania
and speed my butt off, and the only penalty I pay is in cash. (The amount
of which the PA authorities are kind enough to post in a convenient chart
on the speed limit signs, so I can drive as fast as I can afford to!)
--
Tank
"Remember to pillage before you burn"
> Only moving violations in a motor vehicle are counted against your
> driving record.
Go say that on rec.bicycles.soc. And since when is a train not a motor
vehicle?
A more important difference is that the railroad isn't a public roadway,
even at the grade crossing.
Western
Illinois UniversityTank wrote, in part:
> Further, in most cases, moving violations committed
> outside of your state of residence do not count either. For example,
> speeding in Ohio is 2 points on the license, but I can go to Pennsylvania
> and speed my butt off, and the only penalty I pay is in cash.
While this may be true in the particular case of violations of traffic laws
in Pennsylvania by drivers holding Ohio driver's licenses, it is not
universally true. If the state in which you commit the violation has a
reciprocity agreement with the state which has issued your driver's license
(and such agreements exist between nearly all adjoining states in my own
direct knowledge--except for PA-OH apparently), your violation will go
against your driving record. My understanding is that the further away from
your home state, the less likely there is a reciprocity agreement, so if you
hold a FL license, and speed in WA state, there is less likely to be a
reciprocity agreement that between FL and either AL or GA.
ns
Noel Stoutenburg wrote:
You may not even be safe out of the country. I believe my province (Quebec) has
reciprocal agreements with New York and Maine.
>
> ns
--
John Kane
Hull, Quebec Canada
We were told that should we ever have occasion to have contact with the
police, either because we were involved in an accident or because they are
pissed because we blocked an intersection for too long, that we should tell
the officer that we don't carry our drivers license on the train because we
are not required to (which is true, except for any state and local laws
requiring valid picture ID) and to offer only our RR ID. The reason for
this is because evidently, some RR employees in the past have wound up with
problems because the accident was receded against their drivers license, and
even to the point that their own auto insurance did, or could, go up because
an accident now shows on their license. I kinda doubt this is true, but
even if it is, like I said, they can get all that info from your Name and
DOB (which, in most locations you are required by law to give an officer)
anyway.
5. A state or local officer has no reason to see your RR license, should
that be a engineers license or a rules card (which is required to be carried
by all trainmen, by the FRA), because as stated, he has no enforcement
power. He can demand to see your RR ID, or hold the train if he has any
reason to believe you don't belong on it.
6. As a side point, I have heard from several guys here that you can order
an officer off your train because it fell under federal jurisdiction, and
they had no authority to be on private property without a warrant anyway.
For the record, that's not true. An officer can go onto any property of a
public business (a public business is any business not run in the home, or
where other than the resident of the home business comes onto the property).
If you block a road for more than 10 minutes, then the officer can stop the
train and board it, and give the crew a ticket, or even arrest them under
certain circumstances. Also, keep in mind that refusing to cooperate will
just piss them off, and they are gonna get their way anyway. We had a
incident where the crew was not cooperative (it was a blocked road incident)
so the officer claimed the conductor assaulted him, and took him to jail.
Tell me you want that on your record!!!
I missed most of the original posts, I hope I covered what you were looking
for.
"Merritt Mullen" <mmu...@ispchannel.com> wrote in message
news:B697063F.3CDB5%mmu...@ispchannel.com...
Thank you Mr. Sarcastic! I would hope that your post would be printed
off and stuck in one's rule book or train bulletins for future reference
in order to avoid unnecessary confrontations, or at least having to
explain to a po'd trainmaster why the train was delayed or why he was
called out to rectify the situation.
David Campbell wrote:
> they should, you ever see the way the quebec people drive...lol
Well yes I live there. :) Sure beats those Ontarians anyway.
--
Frank R.
Note New EMAIL address: faros...@mediaone.net
The train club I belong to is the Gratiot Valley. See us at:
http://chives.michvhf.com/~gvrr/index.htm
+-------------------------+
| DO NOT FEED |
| THE TROLLS |
+-----------+-+---------+
| |
| |
| |
| |
....\\|.|/....
If at first you don't succeed, throw it in the spare parts box.
Thanks to Lindy9113
Valued Customer <Ti...@Spraguenet.net> wrote in message
news:MPG.14ddc7b58...@news.inetone.net...
"Frank A. Rosenbaum" <faros...@mediaone.net> wrote in message
news:K5dd6.81350$ft6.1...@typhoon.mw.mediaone.net...
--
Frank R.
Note New EMAIL address: faros...@mediaone.net
The train club I belong to is the Gratiot Valley. See us at:
http://chives.michvhf.com/~gvrr/index.htm
+-------------------------+
| DO NOT FEED |
| THE TROLLS |
+-----------+-+---------+
| |
| |
| |
| |
....\\|.|/....
If at first you don't succeed, throw it in the spare parts box.
Thanks to Lindy9113
Mr. Sarcastic <needc...@hotmail.com> wrote in message
news:954l81$lb9$1...@news.bewellnet.com...
Of course, the cew could just try to blow right past it....
"Frank A. Rosenbaum" <faros...@mediaone.net> wrote in message
news:6Snd6.81481$ft6.1...@typhoon.mw.mediaone.net...
>I was not aware that in the United States Of America...it was neccessary to
>have an Id card with you at all times...many many times I might be somewhere
>without a wallet....if I am not driving of course. I don't recall any
>mandatory federal ID laws...do you?
>
I don't know about the US, but in Canada you do not have to carry ID
if you're just walking around. However if you are operating a motor
vehicle it is mandatory and carry's a $200 fine.
Kam Abbott wrote:
>
>
> I don't know about the US, but in Canada you do not have to carry ID
> if you're just walking around. However if you are operating a motor
> vehicle it is mandatory and carry's a $200 fine.
--
DL&W Sussex Branch Memorial: http://members.nbci.com/sbdlw
lammburt <lamm...@earthlink.net> wrote in message news:B6F4B806.D975%lamm...@earthlink.net...