So, I have a jurisdictional/legal question for all of you.
Le me set this up.
I belong to a local, municipal volunteer fire department. We recently had a call that involved a tractor trailer being struck by a train. The trailer was a flatbed but not a full-size flatbed. It was carrying approximately 100 pieces of one” steel bar approximately 16’ long. No one was injured in the crash. Steel bar wasscattered everywhere and truck had taken out several parked cars along with a utility pole with three transformers on it. It also severely damaged two structures.
So, after the initial assessment and the power company disconnected their lines, the train was able to move and continued on. The railroad workers were numerous and inspected their track and the crossing gates etc. and deemed their line available and wanted to resume traffic. Everyone on scene was advised that rail traffic would resume. The clean-up crew from the tow company was working within close proximity to the track trying to clean up the steel bar. The next train came trough at normal speed, which I assume was somewhere in the 40-45 mph range as this is a residential area. The fire chief on scene was startled and asked the railroad supervisor on scene if they could have the trains reduce their speed through the area as crews were working within 15’-20’ of the tracks. The supervisor blatantly said “No” it is private property and there is no reason to slow them. The fire chief became very upset and requested dispatch have the railroad contacted and stop all rail traffic on this single line. The fire chief then contacted a friend of his at the railroad that has some authority and got the rail traffic slowed.
So, my question is this: Who has jurisdiction? Does the fire chief, even if there is no immediate hazard? Do the local police have authority to stop rail traffic? Or does the railroad because they are a federal entity? Could the railroad have the fire chief arrested by railroad PD if it came to it? Just curious.
Le me set this up.
I belong to a local, municipal volunteer fire department. We recently had a call that involved a tractor trailer being struck by a train. The trailer was a flatbed but not a full-size flatbed. It was carrying approximately 100 pieces of one” steel bar approximately 16’ long. No one was injured in the crash. Steel bar wasscattered everywhere and truck had taken out several parked cars along with a utility pole with three transformers on it. It also severely damaged two structures.
So, after the initial assessment and the power company disconnected their lines, the train was able to move and continued on. The railroad workers were numerous and inspected their track and the crossing gates etc. and deemed their line available and wanted to resume traffic. Everyone on scene was advised that rail traffic would resume. The clean-up crew from the tow company was working within close proximity to the track trying to clean up the steel bar. The next train came trough at normal speed, which I assume was somewhere in the 40-45 mph range as this is a residential area. The fire chief on scene was startled and asked the railroad supervisor on scene if they could have the trains reduce their speed through the area as crews were working within 15’-20’ of the tracks. The supervisor blatantly said “No” it is private property and there is no reason to slow them. The fire chief became very upset and requested dispatch have the railroad contacted and stop all rail traffic on this single line. The fire chief then contacted a friend of his at the railroad that has some authority and got the rail traffic slowed.
So, my question is this: Who has jurisdiction? Does the fire chief, even if there is no immediate hazard? Do the local police have authority to stop rail traffic? Or does the railroad because they are a federal entity? Could the railroad have the fire chief arrested by railroad PD if it came to it? Just curious.
