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Arrest The Engineer- Retire with the law suit
Author: Nudge
Date: 02-03-2018 - 18:33
Doc & Craig said the right thing.
The law that is on the books dates back to the early 70s. It was the BLE that got that law passed in Calif. because of cops could not understand why we didn't have to jump when they ordered us to. It was because of many problems as described but the major ones that I know first hand, was Gilroy and on the NWP up around Willits, I think.
Remember, the questions you did have to answer? Was your headlight on? Was your bell on? Was the whistle blowing? How fast were you going? and "Yes, I placed the train into emergency." That should have been enough. Not for a lot of cops. (The only ones that seemed to know what the score was the CHP)
First of all, law enforcement is not allowed on a locomotive. The engine is a part of interstate commerce and not under their laws. Beside they are trespassing on company property.
We had an engineer that was deadheaded from San Jose to Gilroy, to patch a crew that had died on the law. (I think it was in 72). Well, McCalliff got his orders, got on the engine and started to pull west to pick up the conductor on the caboose. Right about the time the engine was going over the Highway 152 crossing, a motorcycle came around the corner of 101 & 152 and hit a car about 5 cars behind the engine. (before the 101 bypass) The train was placed in emergency and came to a quick stop because of the 8-10 mph.
The head man goes back and tells Gilroy to call for medical help and tells him what happened. Well, being about 7:30 AM on a Sunday morning Gilroy's finest show up. The go straight to the engine, climb up and want to see McCallif's drivers license. He said he can't do do that. They will have to contact the SP in SF for that info. They demand him to move the engine. He tells them he can't do that until the conductor finds out what happened and it is safe to move the train. Well this know it all cop tells Mac to move it or he will arrest him and take him to jail. He orders Mac up, cuffs him,and hauls him off the engine. On his way out the door, the conductor arrived. He gave him the reverser. They put Mac in a cop car and off they went. 15" later, the CHP show up and tell the conductor, who is now sitting on the bottom step, he will have to move the train or he will give him a ticket for blocking the crossing. The conductor told the CHP, "I would love to do that but a Gilroy cop took the engineer to jail. By that time 101 and 152 was plugged. The CHP went to the radio. Long story short, they had to get the Chief out of bed to release Mac and bring him back to the train. He finally moved the train but wasn't in a big hurry.
He relieved me one day in SLO as the outgoing engineer on #99. He was taking his pension and it would be his last trip on the long haul. I asked him if he did anything about Gilroy. He grinned and said he would not have any financial worries the rest of his days.
The other case I knew of, was an engineer hit a cement truck at a marked crossing up on the NWP. It was the truck drivers fault. Well, it wasn't a big thing at the time, the wreck cleared and everyone went their own way. Well over 6 months later, he gets a notice in the mail that his home, his autos and bank accounts had been seized by the courts. He was evicted from his own home. It turned out the driver of the truck had sued him and for some reason he was never notified. He went to the SP and their lawyers went to court to stop it. Some local judge told the SP to pound salt. The engineer had to sue the driver and here came the big guns. It took over a year to get things right and was because the cop entered it into his report as Vehicle 1, Cement Truck. Vehicle 2, Train.
I think the laws we got passed in Ca at the time, are pretty much the same around the country now.
I had one CHP show up one night when I hit and killed a guy in a car at Gonzales. I was on the Zipper, #374 and the front of the engine was covered in gas. We came to a stop, called Salinas telegraph and told them to start a fire truck for a wash down and a coroner. The CHP showed up, took me back to where the wreck was laying. He looked and said the guy was dead and took me back to the engine. After the fire department was finished, the head man and I hammered on the brake rigging, took off a set of front shoes and left the lead truck cut out. Still no coroner and the CHP officer was asking me all kinds of questions about the engine, running train, etc. I could tell he was a foamer and asked him if he would like to come up on the engine. (I know, the fed law but he knew about it and asked) He was up there
just loving it. Well 300 " later, they turned us loose and off we went for SLO. We had to cut off the lead unit off to the house so they could go over it. Outbound added a new motor and off they went to LA.
Nudge
The law that is on the books dates back to the early 70s. It was the BLE that got that law passed in Calif. because of cops could not understand why we didn't have to jump when they ordered us to. It was because of many problems as described but the major ones that I know first hand, was Gilroy and on the NWP up around Willits, I think.
Remember, the questions you did have to answer? Was your headlight on? Was your bell on? Was the whistle blowing? How fast were you going? and "Yes, I placed the train into emergency." That should have been enough. Not for a lot of cops. (The only ones that seemed to know what the score was the CHP)
First of all, law enforcement is not allowed on a locomotive. The engine is a part of interstate commerce and not under their laws. Beside they are trespassing on company property.
We had an engineer that was deadheaded from San Jose to Gilroy, to patch a crew that had died on the law. (I think it was in 72). Well, McCalliff got his orders, got on the engine and started to pull west to pick up the conductor on the caboose. Right about the time the engine was going over the Highway 152 crossing, a motorcycle came around the corner of 101 & 152 and hit a car about 5 cars behind the engine. (before the 101 bypass) The train was placed in emergency and came to a quick stop because of the 8-10 mph.
The head man goes back and tells Gilroy to call for medical help and tells him what happened. Well, being about 7:30 AM on a Sunday morning Gilroy's finest show up. The go straight to the engine, climb up and want to see McCallif's drivers license. He said he can't do do that. They will have to contact the SP in SF for that info. They demand him to move the engine. He tells them he can't do that until the conductor finds out what happened and it is safe to move the train. Well this know it all cop tells Mac to move it or he will arrest him and take him to jail. He orders Mac up, cuffs him,and hauls him off the engine. On his way out the door, the conductor arrived. He gave him the reverser. They put Mac in a cop car and off they went. 15" later, the CHP show up and tell the conductor, who is now sitting on the bottom step, he will have to move the train or he will give him a ticket for blocking the crossing. The conductor told the CHP, "I would love to do that but a Gilroy cop took the engineer to jail. By that time 101 and 152 was plugged. The CHP went to the radio. Long story short, they had to get the Chief out of bed to release Mac and bring him back to the train. He finally moved the train but wasn't in a big hurry.
He relieved me one day in SLO as the outgoing engineer on #99. He was taking his pension and it would be his last trip on the long haul. I asked him if he did anything about Gilroy. He grinned and said he would not have any financial worries the rest of his days.
The other case I knew of, was an engineer hit a cement truck at a marked crossing up on the NWP. It was the truck drivers fault. Well, it wasn't a big thing at the time, the wreck cleared and everyone went their own way. Well over 6 months later, he gets a notice in the mail that his home, his autos and bank accounts had been seized by the courts. He was evicted from his own home. It turned out the driver of the truck had sued him and for some reason he was never notified. He went to the SP and their lawyers went to court to stop it. Some local judge told the SP to pound salt. The engineer had to sue the driver and here came the big guns. It took over a year to get things right and was because the cop entered it into his report as Vehicle 1, Cement Truck. Vehicle 2, Train.
I think the laws we got passed in Ca at the time, are pretty much the same around the country now.
I had one CHP show up one night when I hit and killed a guy in a car at Gonzales. I was on the Zipper, #374 and the front of the engine was covered in gas. We came to a stop, called Salinas telegraph and told them to start a fire truck for a wash down and a coroner. The CHP showed up, took me back to where the wreck was laying. He looked and said the guy was dead and took me back to the engine. After the fire department was finished, the head man and I hammered on the brake rigging, took off a set of front shoes and left the lead truck cut out. Still no coroner and the CHP officer was asking me all kinds of questions about the engine, running train, etc. I could tell he was a foamer and asked him if he would like to come up on the engine. (I know, the fed law but he knew about it and asked) He was up there
just loving it. Well 300 " later, they turned us loose and off we went for SLO. We had to cut off the lead unit off to the house so they could go over it. Outbound added a new motor and off they went to LA.
Nudge
