I. PRELIMINARY/GENERAL MATTERS
A. Visiting the accident scene with the crew
1. A must prior to deposition or trial testimony
2. Having exemplar engine present at this site inspection with the crew is helpful
B. Discussions with the supervisor of the engineer and conductor
1. Usually Road Foreman of Engines or Trainmaster
2. Decision should be made as to whether the supervisor should be present at the deposition
3. Matters to be discussed
a. Job performance of the crew members
b. Personnel files of the crew members
(1) Sometimes these files also contain disciplinary records, depending on the particular railroads record keeping practices. (Exhibit A)
(2) Usually will not contain efficiency test records, but will contain training records.
c. Efficiency test results (Exhibit B) d. Disciplinary actions
e. Past accident history of the crew members
f. Determine if any conflicts exist (i.e. FELA claims)
C. Pre-deposition meeting with the Engineer and Conductor
1. Decision should be made whether to meet separately or together
2. Were either the engineer or the conductor traumatized by the accident? Did they receive counseling? Confirm that no personal claims exist against the railroad.
3. What documentation should be made available for review by the crew members prior to their depositions
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If discovered then maybe show the crew. If not, then review information without showing the documents to the crew. |
a. Discipline records
b. Efficiency test records
c. Training records
d. Any prior statements that may have been given to the police or to claims personnel
e. Photographs
4. Discussion regarding hierarchy of train crew - generally the conductor has supervisory authority over the train and the crew members (Exhibit C)
5. General discussion regarding job duties both prior to departure of the train and during the train's journey
II. PREPARATION FOR TRIP AND JOURNEY
A. Prior to Departure
1. Locomotive Inspection
a. FRA Blue Card (Form # FRA 6180-49A) shows history of periodic inspections
b. Daily routine inspections which are recorded and are generally conducted by mechanical personnel (Form # 25003).
c. Engineer's personal walk around inspection
(1) Checks to ensure proper functioning of headlights, whistle/horn, brakes.
(2) Always done at the commencement of a new journey for a train; however, when one crew is taking over the same train from another crew this information might be conveyed verbally from one engineer to the next.
2. Train Inspection - usually performed by the conductor
3. Consist/Train Profile Information (Exhibit D)
a. Tons per operative brake (Exhibit E)
b. Hazardous materials or other cargo requiring lower speeds
c. Particular types of cars requiring lower speeds
4. Receipt and knowledge of rules and regulations
a. General Code of Operating Procedures
b. Timetable
c. General Orders and/or System Special Instructions which supplement the Timetable
d. Track Warrants, Track Bulletins, Slow Orders (Exhibit F )
e. Rules of the Day
B. The Journey
1. Unusual occurrences
2. Speed issues - was the train maintaining speed, slowing or increasing speed a. Class of Track is determined by the Federal Railroad Administration and is the maximum allowable speed for a particular 'type' of track. Most railroads set their train speed below the F.R.A. regulations. See 49 C.F.R. 213.9. (Exhibit G)
b. Timetable, Track Bulletins, Slow Orders
c. Municipal ordinances
d. Event Recorders
(1) Different types of units but all generally record the same information - speed, throttle position, amperage. Note: Sounding of horn/whistle - event recorder may not be equipped to record this information.
(2) Different types of printouts
(a) Data tables and graphs from floppy diskettes - newer with more information (Exhibit H)
(b) Strip Charts from eight tracks - older but can be converted to floppy diskettes
(3) Beware the event recorder information may not be accurate (bad order equipment)
e. Speed Indicator
f. Throttle position
g. Schedules
(1) Was this particular train on a regulated schedule
(2) Freight trains are usually not run on a schedule but passenger trains are
h. Time Return and Delay Reports
i. Hot Box Detectors/Track Side Detectors
(1) Records speed of trains but that is not their purpose and they are not necessarily accurate in recording speed. The railroads do not use these instruments to determine speed. Their purpose is to alert a train crew if something is abnormal about the train, such as something dragging from a car.
(2) A printout of the information recorded by the hot box detector can be obtained; however, the recording instrumentation recycles itself by a set number of trains that pass. For example Harmon detectors recycle every 64 trains and STC detectors recycle every 235 trains. If the printout is not obtained before the recycling process it is no longer retrievable.
j. Allowable speed overages - See 49 C.F.R. 229.117. Allows for some speed overage (+/- 3-5 m.p.h.) to compensate for event recorder deficiencies. (Exhibit I)
3. Train traffic control a. Direct Traffic Control (DTC), known on the railroad as 'poor man's control' - There are signs out on the track showing that the train is exiting one particular block and entering another block. The engineer must stop the train at that sign and radio into the dispatcher to get block authority to proceed. As a practical matter the engineer will radio ahead to get that authority so that he does not have to constantly stop the train.
b. Centralized Traffic Control (CTC) - signals and switches are controlled by the dispatcher and the train proceeds accordingly.
c. Automatic Block Signals (ABS) - lights on the main track are triggered by train movements or lack thereof. If a train is stopped on the track, the train following will get a red signal. If the train is clear to continue his movement he will get a green signal light. Sometimes this system is used in connection with DTC but not always.
4. Maintaining proper lookout
a. Duty of both the engineer and the conductor
b. Visibility issues due to engine configuration
5. Whistle/Horn issues
a. Sounding sequence
b. Whistle boards
c. Consecutive crossings
6. Noticing the 'unyielding' motorist
a. When was motorist first noticed by train crew?
b. What were the movements and speed of the vehicle prior to the collision?
c. Did the motorist appear to recognize the approach of the train?
d. Attempts to brake if any in response to motorists failure to yield
7. Conversations between engineer and conductor immediately prior to collision
8. Braking applications and 'throwing it into emergency'
a. Emergency braking - maximum braking
b. Dynamic braking - brake is only on the engine, not on the cars. It switches over and makes the traction motor on the wheels generate electricity. It puts resistence on the head end of the train to slow it down.
c. Bailing off the brakes - only releases the locomotive brake but keeps the brakes on the cars. It stretches out the slack and helps minimize derailment potential.
d. Engineer - past experiences of emergency braking
e. Training/simulations of emergency braking
f. Conductor's emergency brake and prior use
9. Stopping Distance
a. Every train is different and will react differently to the braking situation at hand
b. Was the train moved after it came to its final resting point?
c. Compare police reports with claims representative investigation - sometimes these are inconsistent
d. Tons per operative brake
e. How should engineer handle questions concerning stopping distance calculations and/or technicalities?
III. AT THE ACCIDENT SCENE
A. Conversations with dispatchers/dispatch center
1. Usually the conductor will radio to the dispatcher that there has been an accident so that emergency assistance can be called to the scene.
2. Dispatch tapes are usually kept for approximately 30 days but are thereafter destroyed.
3. Establish that only routine conversations took place - avoid spoilation argument.
B. Statements to police officials
C. Witnessing the download of event recorder information
D. Alcohol and drug testing
1. See 49 C.F.R. 219.201 (Exhibit J)
2. Police do not have right to demand that crew submit to testing.
IV. TROUBLESOME AREAS FOR OPERATING CREW
A. Hours of service (Exhibit K)
B. Malfunctioning speed indicator
C. Stopping distance questions to train crew
D. Hazardous crossing
1. Has the railroad educated them regarding what constitutes a hazardous crossing? What training have they received in this regard?
2. What training have they received regarding vegetation encroachment?
3. Are they aware of any standards that would determine the appropriate visibility for a motorist as they approach a crossing? What is adequate visibility? Has the railroad told them what adequate visibility is? Are they supposed to identify and rectify?
4. What training have they received with respect to sight triangles?
5. What training have they received regarding crossing construction (i.e. angles and elevation) and how this might effect a crossing/motorist?
6. What have they been advised of regarding differences (if any) at crossings with active signalization versus passive signalization and adequate warning time?
7. What steps are taken by the railroad to minimize hazards at a crossing?
8. If your sight was limited, do you believe the motorist's sight was also limited?
9. If you didn't sound the whistle, does the motorist have an obligation to stop?
10. Did you slow down for this crossing?
11. Could you tell the motorist was not going to stop?
E. Meaning of statutes that state 'clearly visible and/or clearly audible' train and its implications if motorist did not hear train or did not see train.
F. Active warning device versus passive warning devices - which is better, which allows motorist more of a warning.
G. When the crew is questioned on areas that require a particular expertise - where is the line drawn to differentiate between past knowledge/experience and expert opinion. See 28 U.S.C.A. ' 409, 701-702.
H. Areas of questioning dealing with sight distances
1. 50 foot center line of track 2. 500 feet down each approach/track
I. Areas of questioning dealing with human factors
J. Wheel size measurement in relation to event recorder speed
V. TROUBLESOME AREAS FOR ROAD FOREMAN OF ENGINES AND TRAINMASTER
A. Downloading of event recorders and chain of custody issues
B. Accurate wheel size measurement for accurate speed recording
C. Federal regulations regarding alcohol and drug testing
D. Railroad's policies in dealing with police and other investigative officials
E. Are all railroad crossing accidents the fault of the motorist?
F. Have they ever known an engineer not to blow the whistle at a crossing?
G. General Operating Rules for the crew and specific rules for this train
H. Hazardous crossing
1. Has the railroad educated them regarding what constitutes a hazardous crossing? What training have they received in this regard?
2. What training have they received regarding vegetation encroachment?
3. Are they aware of any standards that would determine the appropriate visibility for a motorist as they approach a crossing? What is adequate visibility? Has the railroad told them what adequate visibility is? Are they supposed to identify and rectify?
4. What training have they received with respect to sight triangles?
5. What training have they received regarding crossing construction (i.e. angles and elevation) and how this might effect a crossing/motorist?
6. What have they been advised of regarding differences (if any) at crossings with active signalization versus passive signalization and adequate warning time?
7. What steps are taken by the railroad to minimize hazards at a crossing?
8. If engineer's sight was limited, do you believe the motorist's sight was also limited?
9. If engineer didn't sound the whistle, does the motorist have an obligation to stop?
VI. TROUBLESOME AREAS FOR MAINTENANCE OF WAY PERSONNEL - CHIEF ENGINEER, ROADMASTER, MAINTENANCE MANAGER AND TRACK INSPECTORS
A. Are all railroad crossing accidents the fault of the motorist?
B. Maintenance of Way Rules specific to this crossing
C. Hazardous crossing
1. Has the railroad educated them regarding what constitutes a hazardous crossing? What training have they received in this regard? (Exhibit L)
2. What training have they received regarding vegetation encroachment? (Exhibit M)
3. Are they aware of any standards that would determine the appropriate visibility for a motorist as they approach a crossing? What is adequate visibility? Has the railroad told them what adequate visibility is? Are they supposed to identify and rectify?
4. What training have they received with respect to sight triangles?
5. What training have they received regarding crossing construction (i.e. angles and elevation) and how this might effect a crossing/motorist?
6. What steps are taken by the railroad to minimize hazards at a crossing?
7. If engineer's sight was limited, do you believe the motorist's sight was also limited?
