If the cell phone call was made while the train was stopped, which I could not tell by the article then there was no violation, I do agree that in the time frame given the cell phone use by the engineer cited in the article probably had nothing to do with the accident. I did find it interesting that the other train mentioned had been found to be texting which is a federal offense. I to would be more worried about the time of day and crew alertness at 4 in the morning, and complying with a track warrant. I still have younger guys whom I work with who just can't leave the cell phone alone when they get on the power. I always ask if it's worth losing your career over.