Linking DWI driving license losss to train driving

Politicians in New Jersey are passing a law to ban engineers who lose their driver's license account dwi from running trains.
http://abc7ny.com/news/investigators-ex ... n/1355422/" onclick="window.open(this.href);return false;
http://www.northjersey.com/news/nj-tran ... -1.1607032" onclick="window.open(this.href);return false;

If they overrule federal law and ban him from running trains he will be eligible for Disability pension and the tax payers end up paying his salary.
they can apply their new law to new cases, but if they change rules on existing case it will cost them.

Just what we need, more people who know nothing about railroading acting like they know something about railroading

DutchRailnut wrote:If they overrule federal law and ban him from running trains he will be eligible for Disability pension and the tax payers end up paying his salary.
they can apply their new law to new cases, but if they change rules on existing case it will cost them.

The FRA has already stated that it sets minimum standards for hours of service personnel and the states are free to impose more strict standards for railroads owned by the states, such as NJT. Were NJ (or NJT) to adopt the proposed measure there is no violation of federal law. Also, I don't believe that a violation of state motor vehicle law constitutes a disability for pension purposes, it does potentially establish a legal basis for involuntary termination of employment.

I appreciate the worthwhile information. New Jersey''s two senators are persuing the same objective on tbe federal llevel.

The point is punishing someone that went trough all motions to keep his job, years after fact.
so what is next disqualify engineers for past speeding tickets or stop sign violations.
fire bankers for writing a bad check on their home account.
How about we get rid of politicians violating any laws like traffic, lying, stealing etc.

DutchRailnut wrote: How about we get rid of politicians violating any laws like traffic, lying, stealing etc.

We wouldn't have many leaders if we did that.

Railroads already exercise vigilance regarding use of alcohol by employees on duty. If an engineer has some DWI violations on his record as a driver but not in the performance of his duties, that would seem to indicate that he stays sober on duty, which is all that should concern NJ Transit. Or, as mentioned above, if he runs a red traffic light but doesn't run a Stop signal when running a train, that should concern the local police, not the railroad.

The root of this was the Ricky Gates stop signal violation that wrecked the Colonial at Chase. He had IIRC 5 DWI's and when congress figured out they could tie the auto license to the new engineers certificate they went for it. I believe for some reason although it was on the books it was not enforced. Joe Biden liked to ride the motor back and forth from Wilmington to WAS a few times a month he told one of my fellow engineers if the Chase wreck had occurred in Montana there would have been very little repercussions but Monday morning after the wreck a bunch of Senators and top congress pols went up to the site and were appalled at the carnage. After that deal all of the draconian measures were legislated into place.

Alcohol has always been a problem, no surprise there. Rule G has always been around. The Conrail engineer had marijuana in him. Sixteen people died.
Wiki article on Chase. https://en.wikipedia.org/wiki/1987_Mary ... _collision" onclick="window.open(this.href);return false;
Photo of the Chase wreck.

ExCon90 wrote:Railroads already exercise vigilance regarding use of alcohol by employees on duty. If an engineer has some DWI violations on his record as a driver but not in the performance of his duties, that would seem to indicate that he stays sober on duty, which is all that should concern NJ Transit. Or, as mentioned above, if he runs a red traffic light but doesn't run a Stop signal when running a train, that should concern the local police, not the railroad.

It should raise some possible red flags for the railroad, but it shouldn't be cause for immediate concern. At least in the relation to substance abuse problems that may or may not exist, sure he might be sober running trains the majority of the time, but I'm sure the individual in question has slipped up on one or two occasions and not gotten caught. This scenario reminds me of the movie "Flight" with Denzel Washington, who played a pilot with major substance abuse problems ( this all comes to light after an airplane accident caused by a faulty piece of equipment, in which he miraculously saves the lives of most on-board in a crash landing ). All it would take is one derailment however minor and the engineer in question to have the slightest bit of alcohol in his system to raise red flags and a renewed push for tighter regulations.

You're sure he's slipped up? That's messed up.

Not particularly, I'm not accusing him of anything nor am I hanging him under the bus. It's general statistics and odds, while the individual might not have been DWI he may have had say .01-.03 when operating and not gotten caught. You can't test someone for alcohol every single day of the year, unless you install breathalyzers in every cab and that's somewhat intrusive. It's also no different from those we share the road with, some of whom are problem drunk as skunks but aren't caught until an incident comes up.

This is nothing new for those who have Commercial Driver's Licenses (i.e. a license to drive trucks or buses).

From the NJ CDL manual from 2006: "Causes for disqualification or suspension of the "P" (passenger) endorsement include, but are not limited to... accumulation of 12 of more motor vehicle points, convictions for operating a motor vehicle under the influence of alcohol or drugs, offenses involving deviant or illicit social behavior, the use or threat of bodily force, or any crime or offense indicative of bad moral character."

I am not surprised the state would make the link between offenses such as DUI's and operating a train (with many more passengers than a bus). I am not sure I would feel safe if my NJT bus driver to Port Authority had a DUI. There are some crazy bus drivers as it is, though they may have cracked down. They generally drive well these days.

It is not in state's best interest to make rule changes to laws already covered by Federal law, railroads are federally regulated.
how a railroad is funded has no bearing on rules.