—Just before 10 a.m., Perry Richardson, 46, tried to drive across the tracks near his home when his van was struck by a CSX freight train traveling from Richmond, Va., to Cincinnati, Ohio. He was taken to a local hospital, but his condition was not immediately available. Sheriff Mark Smith says he believes Richardson simply made a bad judgment call - thinking he could beat the train.
But Smith also said the train’s engineer, Michael Steven Spade, 53, of Sand Fork in Gilmer County, was arrested for refusing to give basic information such as his name and address. Spade was arraigned and released on bond. No hearing date has been set. CSX spokeswoman Jane Covington said the engineer should have cooperated, but she pointed out that it was a very stressful situation for him. Ghent is 73 miles southeast of Charleston, W.Va.—
Something seems weird here to me??? Your thoughts?
if the law wants my name they can have it and the yard office i work out of not my real address. anything else they want will be directed to the roadforman or trainmaster.
That’s correct, they are entitled to my name and position in the company, but I am not required to give out my home address, phone number, drivers licence, or an ID other than a company ID.
In regards to anything else, as stated by wabash, I just direct it to my supervisors.
As wabash and macguy have said, all the police can ask for is the basic info, and if they require any photo ID, all we are required to provide is our company ID, if fact, it is illegal for the police to demand your state drivers license, or even ask for the driver license number…the two are exclusive of each other, and nothing can be added to your driving record in regards to a locomotive accident.
I dont carry my wallet for that reason, my company ID is on a beaded chain around my neck, inside my shirt.
If the cops need any other info besides my name and company position, and the basics , I direct them to the trainmaster on duty.
All I can guess is this engineer was panic stricken, or POed at the cops and the guy he hit…after all, we only have one side of the story, we really dont know how the engineer was treated, so he may have felt not cooperating was the way to go…
Ed
While it does happen on occassion, depending on the location where the incident happens, the cop who hauled off the engineer may be in hot water as well. His jurisdiction may have ended at the R/W line. The same issue may also extend to possession of the onboard event recorder. (Have seen Highway Patrol and sheriff’s deputies demand the thing only to to have the railroad police tell them to back off. If they don’t have a way of reading the data and interpretting what it means, why do they even bother to insist? I have also seen a city cop destroy the only recorder evidence, a PulseTape cassette in his zeal to gather evidence…probably works for the New York Times now.)[:-,]
As the other railroaders have said, only limited information need be given to local authorities. Railroads are Federal jurisdiction and only company officials or FRA or State DOT Rail officials can demand more than the very basics.
As MC points out, in extreme circumstances the cops involved might even be on the hook for false arrest or false imprisonment…
Engineers must have their CERTIFICATION under 49CFR240 in their possession when operating a locomotive.
The CERTIFICATION is completely different from a state issued driver’s LICENSE which has nothing to do with operating a locomotive (but can cause all sorts of confusion and problems for the engineer if used by the cops).
So, in answer to your question, No, an engineer is not required to carry a “LICENSE”.
Thanks LC, I knew it had nothing to do with the state drivers license. I thought I had read several years ago that engineers must have a Federal license but it must have been the certification.
There is no requirement to provide a driver’s license to a police officer or a sheriff’s deputy if you aren’t operating a motor vehicle at the time you are questioned. I don’t know what information rail road company ID’s provide, but I assume they have the basics- name, and date of birth. That’s enough to verify identity. It’s also enough, most of the time, to insure there are no warrants outstanding against the individual questioned. (Locomotive engineers are not any different from other human beings… sometimes even they have something to hide.)
In the accident investigations I have participated in, I have seen people provide false identitites- usually because they are hiding something, like a suspended license or an outstanding warrant.
Criminals do this on a routine basis.
Frankly, in train vs. automobile accidents, I know enough to draw much the same conclusion this Sheriff did. Yet, to protect everyone in this case, it’s important to have full and complete information on all participants. I would not be surprised if the engineer was not requested to take a Drager breathalyser test to determine if he was under the influence of alcohol at the time of the accident. (It’s standard procedure.) He could refuse to take the test, of course; but his driving priveleges (as in automobile driving) would be suspended in this state (Alabama).
I empathize with locomotive engineers in most cases. I also empathize with truck drivers involved in fatalities where the fault is clearly the other participant in the accident. As a cop, it’s not going to stop me from asking questions about causes of the accident. It’s not going to stop me from attempting to rule out all contributory factors to an accident. One of those contributory factors would be the state of mind (impaired or not?) of the participants.
Investigators ask insensitive questions. Cops act insensitively at times. The reason is usually because the quicker information is obtained, the faster a ca
I am not challenging you on this one, but this does come as a bit of a surprise to me. I know a State reg or action cannot interfere with federal regs or decisions; but, I didn’t know Feds had exclusive jurisdiction over rail property (as a State prosecutor, I convicted IDIOTS who vandalized rail cars every other day—the judge always said I had a particular zeal for that crime).
If an engineer gets in a fight with his trainmaster and deliberately runs him over (I know that is a difficult to imagine hypo, but it is too early for me to think of a better one), surely the State court would have jurisdiction, no?
I would also think the cops would need a verifiable address to reach someone who is a witness to an accident (or the crime of running a grade crossing). Criminals aren’t the only ones who can be arrested; witnesses can too if their presence at trail is in question.
Anyway, I am just curious if you have any more information on your statement. I have always found dual-sovereignty interesting.
Gabe: Have seen two separate incidents where “holier than thou” local constabulary has been forcibly removed from railroad property by railroad police (CA & CO)…Railway police are licensed federal level marshals with badges and guns. In both cases the railroad police were vindicated in their actions and there is at least one local CA cop out of a job. Usually the agencies work together, but relationships get strained and truth can be stranger than fiction. (Grandstanding Politicians barking orders at underlings at grade crossing incidents come to mind)
I have no doubt of the accuracy of your anecdotal evidence. However, I would be willing to bet that those were incidences when the local law conflicted with some form of federal ordinance. This is not uncommon. It is, however, uncommon for a state not to have any authority in its jurisdiction where there is no such conflict.
There is no requirement to provide a driver’s license to a police officer or a sheriff’s deputy if you aren’t operating a motor vehicle at the time you are questioned. I don’t know what information rail road company ID’s provide, but I assume they have the basics- name, and date of birth. That’s enough to verify identity. It’s also enough, most of the time, to insure there are no warrants outstanding against the individual questioned. (Locomotive engineers are not any different from other human beings… sometimes even they have something to hide.)
In the accident investigations I have participated in, I have seen people provide false identitites- usually because they are hiding something, like a suspended license or an outstanding warrant.
Criminals do this on a routine basis.
Frankly, in train vs. automobile accidents, I know enough to draw much the same conclusion this Sheriff did. Yet, to protect everyone in this case, it’s important to have full and complete information on all participants. I would not be surprised if the engineer was not requested to take a Drager breathalyser test to determine if he was under the influence of alcohol at the time of the accident. (It’s standard procedure.) He could refuse to take the test, of course; but his driving priveleges (as in automobile driving) would be suspended in this state (Alabama).
I empathize with locomotive engineers in most cases. I also empathize with truck drivers involved in fatalities where the fault is clearly the other participant in the accident. As a cop, it’s not going to stop me from asking questions about causes of the accident. It’s not going to stop me from attempting to rule out all contributory factors to an accident. One of those contributory factors would be the state of mind (impaired or not?) of the participants.
Investigators ask insensitive questions. Cops act insensitively at times. The reason is usu