John Bruce Wrote:
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> Based on what we know from newspaper
> reports, the crew of the Metrolink train saw and
> called to the conductor over the radio that there
> was a solid yellow, about two miles before they
> encountered the red.

And had received a Flashing Yellow prior to the solid Yellow.

> The crew and the conductor
> would both have been aware of the BNSF freight
> pulling into the siding, the certain reason for
> the red.

I'm not sure if the conductor would've been aware of the BNSF train.

> Info that went to the LA Times (I would guess from
> an NTSB source familiar with the event recorder
> data)

It's apparently from Ted Turpin, NTSB's lead investigator in this incident. He's very experienced and specializes in railroad accidents.

> says the train was traveling at nearly 70
> mph down the main as the BNSF train pulled into
> the siding. The conductor would have been pretty
> sure of a likely red down at the CP where the
> sideswipe did in fact take place, and he was aware
> of the yellow. He was also aware the crew wasn't
> slowing to 40 as provided in the rules (whether
> the slight rewording made this totally, absolutely
> clear or not).

Well, I've worked with many conductors over the years that display, shall we say, a lack of situational awareness.

> What should the conductor have done?

SCRRA subscribes to the General Code of Operating Rules, but I don't work for SCRRA and don't know what, if any, modifcations they've made to the GCOR. Here's an link to an online version of the Third Edition (we're currently on the Fifth Edition, but you'll still be able to get an idea). You can go down the rules list and find all that might apply.

[www.cwrr.com]

> Would he
> have been within his rights to pull the emergency
> cord?

Sure.

> Assuming no mechanical failure (at least
> one test conducted at the site of the accident
> said the brakes were working), what penalty would
> the conductor face in this accident, if any?

Veolia Transportation (SCRRA's contractor for T&E employees) is responsible for rules compliance for its employees, whom are unionized and fall under the provisions of the Railway Labor Act. There are specific disciplinary procedures that are followed in response to rules violations. Typically, in a situation such as this, an unpaid suspension is the result, along with a suspension of the enginer's FRA license.