Posts
From: Terry Briggs [mailto:terry@tslb.org]
Sent: Thursday, May 29, 2008 4:42 PM
To: 'Gore, Gil'
Cc:
Subject: RE: Notification of Symbol & Route Change Extended Haul Auto Train AOAHO 5/14/08
Brothers,
Here are the answers to your questions. I verified this information with FRA today and attached a file containing the extended haul regulations.
Q 1. Can an extended haul train once designated have is designation changed in route... IE if they want they train to do more than one pick up or set out in route, can they simply remove the extended haul designation?
A 1. Under 49CFR 232.213 an extended haul train must be designated in writing to FRA. If a train is to be removed from the list, that too must be done in writing. There is no provision for temporarily removing the extended haul designation for convenience sake. Of course we know that there will be a manager that will insist that the designation is removed, but when that happens then that location would become the initial terminal for the new train and it must immediately receive a class one initial terminal mechanical and air brake inspection. If the manger understands this requirement, I don’t believe they will want to remove the designation.
Please report any change to an extended haul designation to this office so we can forward the same to the FRA.
Q 2. How can a crew verify or tell if an extended haul train has done work in route? We have crews that are instructed to make a pick up or set out in route on extended haul trains but they have no way to verify if they are out of compliance with the extended haul waiver.
A 2. When cars are picked up or set out enroute, by UP rule, the crew is supposed to document the event and notify the next crew what work was done. However, if the paperwork is lost for example, then the next crew would have no knowledge of previous set-outs or pick-ups. Under this scenario the crew could not be held liable for a willful violation of the regulations. Only a willful violation of a FRA regulation would subject an individual to a civil penalty. Even then, civil penalties are extremely rare.
I should note that 232.213(a)(5)(i) states that before any cars are added to the extended haul train they first must be inspected by a qualified mechanical inspector. This is a car man, not the conductor. See the attached definition of a qualified mechanical inspector.
I would also suggest that all pick-ups and set-outs on extended haul trains be reported to this office. Maybe we can identify a pattern of abuse by the carrier which could result in the waiver being revoked.
I also emailed Steve Beckwith, UP manager, for his input on question two. I forward his answer if he responds.
Q 3. Is setting out and picking up power in route considered a work event by FRA on an extended haul train? Many times crews are instructed to pick up power to shuttle it to other locations and they are told that is not considered a pick up or set out under the extended haul waiver.
A 3. 232.213(a)(5) States that, except for the set-out of defective equipment, the train shall have no more than one pick-up and one set-out en route. This section does not separate locomotives and cars. They are both considered equipment (rolling stock). Therefore, FRA does consider a pick up or set out of a locomotive to be a work event. Again, report these occurrences and we will forward the information to the FRA.
I hope I have answered your questions satisfactorily. If you have any further questions, please let me know.
Fraternally,
Terry Briggs, State Legislative Chairman
Brotherhood of Locomotive Engineers and Trainmen - IBT
817-285-7668
chairman@tslb.org
-----Original Message-----
From: Gore, Gil [mailto:gilgore1@gmail.com]
Sent: Thursday, May 29, 2008 10:50 AM
To: 'terry@tslb.org'
Cc:
Subject: FW: Notification of Symbol & Route Change Extended Haul Auto Train AOAHO 5/14/08
Brother Terry,
I am visiting
1. Can an extended haul train once designated have is designation changed in route... IE if they want they train to do more than one pick up or set out in route, can they simply remove the extended haul designation?
2. How can a crew verify or tell if an extended haul train has done work in route? We have crews that are instructed to make a pick up or set out in route on extended haul trains but they have no way to verify if they are out of compliance with the extended haul waiver.
3. Is setting out and picking up power in route considered a work event by FRA on an extended haul train? Many times crews are instructed to pick up power to shuttle it to other locations and they are told that is not considered a pick up or set out under the extended haul waiver.
Thanking you in advance for your efforts on behalf of our Brotherhood, I remain.
Fraternally,
Gil Gore
