Dr Zarkoff Wrote:
>
> Once the HOS catches up with you, you're done,
> which includes tying hand brakes. The solution is
> to stop your train with enough time to tie those
> brakes. Keep in mind that if the Company instructs
> you to violate the HOS, they get fined. If you do
> in on your own volition, you can get fined.
> Translated: if you tie hand brakes after becoming
> dead on the law, and the comapny didn't istruct
> you to do so, you will be subjecting yourself to
> getting fined.

I believe you are SP/UP (retired) from what I've read in your previous posts so I can understand why you'd have this attitude. Should a crew, through no fault of their own, find themselves out of time but with an unsecured train and no relief crew they should secure their train before leaving it unattended. To not do so and risk grave danger to other employees and the public (again, Lac Megantic) would be subjecting themselves to liability as well as being morally deficient. I have no idea why UP prefers to risk disaster to an excusable technical violation of the HOS law. Someday they will have a train get away because an employees fears management and it may be ugly. The law even allows train crews to work 16 hours in an emergency. I would call securing a train that might otherwise cause a disaster an emergency.

We're probably talking about apples and oranges here since the most common case is to remain on a train until relieved even if after the hours of service. In that case one is expected to secure the train should it start to move and that certainly would be after the hours. This really is a pretty illogical interpretation of the law but admittedly one that is currently used by the FRA and the carriers. So in that sense you are right. But let's try another example. I've worked nearly 12 hours but my train gets an air hose and goes into emergency leaving my crew without time to make the repair and get the train to a location that is accessible by road. Therefore we remain on the train and wait for some type of relief (Hirail is one method). But while waiting my conductor becomes ill. Now I have some choices. Secure the train and help him walk to an ambulance. Secure the train and cut the power off and take him to a crossing. Take the entire train to a crossing. Perhaps a motorist agrees to take my conductor to the hospital and I wish to accompany him but there is no relief crew expected in the near term. Do I secure the train? Do I risk another Lac Megantic? The choice is easy for me. I secure my train and do the explaining later. Should the railroad/FRA prevail against me I'd fight it to the Supreme Court if need be. A railroader's responsibility is the safety of the public first and foremost. The UP and its unfortunate employees can't see the forest for the trees. In the words of Spike Lee, "Do the right thing"