I am not contesting that the engineer wasn't texting or being otherwise negligent. What I'm trying to politely point out is that the particular cab he was in is very high off the ground, the windows are not easily seen through from the ground, and that I strongly suggest that if you have any doubts as to my assertion, please make your way to the nearest passenger platform and wait for that style of cab to roll up. When it does, please be sure to closely examine the engineer to ascertain if he or she is texting, reading a book, wearing shorts or buck-assed naked. You should note at that point that it is physically impossible to see into the cab to such a degree that one might determine what, exactly, is in the engineer's hands from that level on the ground.

As far as seeing if a passing motorist is texting, applying make up, smoking crack or picking their nose, that is far more easily ascertained- due chiefly for the fact that automobile windows are generally much, much lower to the ground.

If there is anyone else who might think it's easy to see into a locomotive cab of an F40, or other conventional cab to check on the Engineer, Fireman or Conductor's activities from platform level, I would like to hear from you. It's entirely possible that I have overlooked some aspect of the physics involved.