The stupid do not deserve respect. If you have concern for public safety, then why take the one person who is qualified to move the train off the train?
well again the biggest point i want to make is…details…could the train move? why was the matter not resolved from the “call to Cotton Belt”? WE as fans and readers of this forum should not make a "judgement " that some small town mayor is wrong and the mighty iron horse is right…especially not having “details”…to me that kinda makes ya…well…ignorant
From what I’ve read before, railroads pay traffic tickets incurred by train crews on duty. I wonder though if the ticket will appear on the engineer or conductor’s record?
while conductoring for CSX in MI “we” would get tickets from the city of Holland Mi for blocking crossings while taking coal to West Olive power plant…according to the Detroit Service Lane Timetable special instructions…" …state law prohibits crossing blockage beyond 5 minutes for a standing train, if conditions permit cutting of crossings as per rulebook is required ,if conditions do not allow for the cutting of crossings the DSPR will alert the local authorities…"
the city of Holland would contact the Trainmaster in Wyoming Mi for the train ID and the ticket would be assigned to the “train” and CSX payed it locally thru the Trainmaster after a “proper” investigation this also happens sometimes in the city of Wayne moving autoracks around…IF the train crew would act “unprofessionally” in reguards to local authorities…i.e. being ignorant like saying " im an engineer and your state laws dont affect me…" the loud mouth crew member would get a ticket for obstucting justice…which takes me to the point i tried to make before…it dont matter if your a UP engineer or the Pope…if you break the law and\or dont respect local authority your get arrested simple as that
The RR will get the ticket for blocking the crossing…simple. No big deal for the engineer or conductor. But if either begin to get obnoxious and have no regard for proper authority (Local/State laws don’t apply to me as I’m a big-bad railroader kind of BS) then they will receive a citation to court (not just a ticket) for all kinds of different charges, depending on how much of an A$$ the offending person is.
Try to remember, the officer is just doing his job, just like the train crew. Don’t take it personally, and don’t get an attitude. It only makes things worse.
So, what exactly did they “arrest” the engineer for?
If I remember correctly, blocking a crossing is a class three misdemeanor, punishable by citation and fines not arrest and incarceration.
The engineer is not required to sign or accept a ticket, unless he is empowered to act as a legal agent for the railroad.
So the mayor sent his troops up to “get the engineer off the train”…under what pretext do they have the authority to remove an employee from private property and or interfere with interstate commerce?
What was the reason given, besides contempt of Mayor?
again…DETAILS…what are the details…i would side with the crew ( crew and RR are 2 different things here) if the details warrented it… but …railroad “law” means nothing to joe smalltown cop…just because you “work on the railroad” does not repeat DOES NOT exempt you from any laws or respect for said laws…its sounding more and more like this crew acted “unprofessonally” to proper law enforcement officers…and yet the foamers here ( yes i know what a foamer is) continue to “defend” the acts of the crew…as far as “private propery” and “interfering with interstate commerce” the point remains…YOU HAVE NO RIGHT OR AUTHORITY TO DISREGAURD THE RULE OF LAW…no matter how “small town” or local that law may be…sure ICC\ntsb “rules” apply but they are just RULES not law…UP can contest and the crew can “defend” thier actions but…BUT that does not expunge them from following the law or respecting those enforcing the law…period
and to be redundant…i am a former RR traincrew employee that has gotten tickets ( addressed to the railroad not as its agent ) for blocked crossings…RR employees are not “special” and “exempt” from any la
Im not going to speculate but… if switching was taking place I would assume the call to the Cotton Belt…to quote this smalltown hick mayor…would have resolved the issue…or if it was parked then moving the 6 cars and/or cutting the crossing would have resolved the issue…" yea we are switching cars crossing will be clear in a minute" simurlaly…“yea that train is hoglawed and we have a crew on the way…please be patient with us sir”…since this call got noone nowhere I would assume that either the DSPR or crew or both were not nice to the local smalltown law enforcement…if that is the case…more power to ya brother…throw em in irons and let the lawyers finger it out…ok fine…im gonna speculate…im betting the crew said …im not cuttin that crossin…hell there aint but 20 people in this hick town…ya aint worth it…for that i say throw em in irons
If that is the case, then I agree 100%, the engineer should not have acted the way he did. If, however there was nothing they (the crew) could do, I hope that he is let off the hook.
Funny how the mayor knew the correct RR on the town;'s website:
Welcome from the Mayor## Welcome to Fordyce - South Arkansas’ best located little city and Home of the Redbugs!## We’re located here in the heart of south Arkansas in the midst of tall pine trees and majestic oaks, the perfect place for hunting deer, and other game. Our people are friendly and family-oriented. Traditions runs deep here, and we’re proud to be the home town of such greats as Paul “Bear” Bryant and World War II hero, Admiral John H. Thatch. The first direct dial long distance telephone call in the world was made from Fordyce, and we’re the only school in the world to have the Redbug as a mascot. Fordyce has more native sons in the Arkansas Sports Hall of Fame than any city in Arkansas. Included are Paul “Bear” Bryant, Jim Benton, Jim “Red” Parker and Larry Lacewell. Our Tri-County Lake was the first Game & Fish Commission lake in Arkansas. Our largest employer, Georgia-Pacific Corporation, began the world’s first southern pine plywood mill here in Fordyce.## We celebrate our heritage, but we are also prepared for the future. The Dallas County Industrial Park is a 90 acre facility with all utilities, including three-phase wiring, and paved streets. Our Hopkins Airport is ready for landings and take-offs twenty-four hours a day, with a lighted runway and a rotating beacon. Rail service is available here from Union Pacific Railroad and switching service from Fordyce &
Funny how the mayor knew the correct RR on the town;'s website:
Welcome from the Mayor## Welcome to Fordyce - South Arkansas’ best located little city and Home of the Redbugs!## We’re located here in the heart of south Arkansas in the midst of tall pine trees and majestic oaks, the perfect place for hunting deer, and other game. Our people are friendly and family-oriented. Traditions runs deep here, and we’re proud to be the home town of such greats as Paul “Bear” Bryant and World War II hero, Admiral John H. Thatch. The first direct dial long distance telephone call in the world was made from Fordyce, and we’re the only school in the world to have the Redbug as a mascot. Fordyce has more native sons in the Arkansas Sports Hall of Fame than any city in Arkansas. Included are Paul “Bear” Bryant, Jim Benton, Jim “Red” Parker and Larry Lacewell. Our Tri-County Lake was the first Game & Fish Commission lake in Arkansas. Our largest employer, Georgia-Pacific Corporation, began the world’s first southern pine plywood mill here in Fordyce.## We celebrate our heritage, but we are also prepared for the future. The Dallas County Industrial Park is a 90 acre facility with all utilities, including three-phase wiring, and paved streets. Our Hopkins Airport is ready for landings and take-offs twenty-four hours a day, with a lighted runway and a rotating beacon. Rail service is available here from Union Pacific Railroad and switching
(b) The jurisdiction of the [Surface Transportation] Board over-
(1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and
(2) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State, is exclusive.
There is absolutely nothing in that jurisdictional statute pre-empting local traffic laws. In any federal jurisdictional statute, silence “with reference to local governments … cannot suffice to establish a clear and manifest purpose to pre-empt local authority.” Wisconsin Public Intervenor v. Mortier,501 U. S. 597 (1991).
As Justice White stated for the Court in Mortier, "[w]hen considering pre-emption, we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless
Funny how the mayor knew the correct RR on the town;'s website:
Welcome from the Mayor## Welcome to Fordyce - South Arkansas’ best located little city and Home of the Redbugs!## We’re located here in the heart of south Arkansas in the midst of tall pine trees and majestic oaks, the perfect place for hunting deer, and other game. Our people are friendly and family-oriented. Traditions runs deep here, and we’re proud to be the home town of such greats as Paul “Bear” Bryant and World War II hero, Admiral John H. Thatch. The first direct dial long distance telephone call in the world was made from Fordyce, and we’re the only school in the world to have the Redbug as a mascot. Fordyce has more native sons in the Arkansas Sports Hall of Fame than any city in Arkansas. Included are Paul “Bear” Bryant, Jim Benton, Jim “Red” Parker and Larry Lacewell. Our Tri-County Lake was the first Game & Fish Commission lake in Arkansas. Our largest employer, Georgia-Pacific Corporation, began the world’s first southern pine plywood mill here in Fordyce.## We celebrate our heritage, but we are also prepared for the future. The Dallas County Industrial Park is a 90 acre facility with all utilities, including three-phase wiring, and paved streets. Our Hopkins Airport is ready for landings and take-offs twenty-four hours a day, with a lighted runway and a rotating beacon. Rail service is available here from Union Pacific
(b) The jurisdiction of the [Surface Transportation] Board over-
(1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and
(2) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State, is exclusive.
There is absolutely nothing in that jurisdictional statute pre-empting local traffic laws. In any federal jurisdictional statute, silence “with reference to local governments … cannot suffice to establish a clear and manifest purpose to pre-empt local authority.” Wisconsin Public Intervenor v. Mortier,501 U. S. 597 (1991).
As Justice White stated for the Court in Mortier, "[w]hen considering pre-emption, we start with the assumption that the historic police powers of the States were not to be superseded
Today I was listening to the Chicago Public Radio show “Wait, Wait, Don’t Tell Me”, and their special guest was Republican Presidential Nominee, ex-Arkansas Governor Mike Huckabee. One of his claims to fame was that at the end of his term of office he pardoned a member of the Rolling Stones, Keith Richards. It seems that he had been arrested years ago in an Arkansas town for drunken driving (he’d allegedly been “weaving in traffic”), got thrown in the slammer for a day, and eventually pled guilty to a lesser charge, for which jail time wasn’t appropriate. The governor’s pardon (urged by a friend of his connected with the Stones) cleared his record.
The town where he’d been arrested: Fordyce.
Can you blame me for falling out of my chair?
Edit: Thanks, DMoore, for providing the names I’d forgotten–isn’t that a neat quiz show?