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Safety Recommendation Details

Safety Recommendation R-87-065
Details
Synopsis: ON OCTOBER 9, 1986, EASTBOUND NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) PASSENGER TRAIN 8 DERAILED IN FALL RIVER, WISCONSIN. EACH OF THE FREIGHT TRAINS PRECEDING TRAIN 8 RECEIVED INFORMATION THAT PREPARED THEM EITHER TO CROSS OVER FROM ONE TRACK TO ANOTHER AT FALL RIVER BECAUSE OF TRACK WORK IN THE AREA OR TO STOP AT FALL RIVER FOR IN STRUCTIONS. HOWEVER, THE ENGINEER OF TRAIN 8 DID NOT HAVE ANY ADVANCE NOTIFICATION OR TRAIN ORDER TO INDICATE THAT HIS TRAIN WAS TO CROSS OVER FROM THE EASTWARD TO THE WESTWARD TRACK IN FALL RIVER. AS A RESULT, TRAIN 8 ENTERED THE CROSSOVER AT 70 MPH AND THE LOCOMOTIVE UNITS OVERTURNED. THE AUTHORIZED SPEED FOR THE CROSSOVER WAS 10 MPH. TWO LOCOMOTIVE UNITS AND 10 PASSENGER CARS DERAILED; THE FIREMAN WAS KILLED, TWO CREWMEMBERS WERE INJURED SERIOUSLY, AND TWO RECEIVED MODERATE INJURIES. OF THE 215 PASSENGERS ON BOARD, 26 WERE INJURED.
Recommendation: THE NTSB RECOMMENDS THAT THE FEDERAL RAILROAD ADMINISTRATION: REVISE THE HOURS OF SERVICE REGULATIONS FOR TRAIN DISPATCHERS AND OPERATORS TO PROVIDE AT A MINIMUM ONE OFF DUTY PERIOD OF 24 HOURS DURING ANY 7-DAY CONSECUTIVE WORK PERIOD, A MANDATORY LUNCH BREAK, AND AN ADDITIONAL BREAK IN THE FIRST HALF OF THE SHIFT AND ONE BREAK IN THE SECOND HALF OF THE SHIFT IN ANY 8-HOUR TOUR OF DUTY.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Reconsidered
Mode: Railroad
Location: FALL RIVER, WI, United States
Is Reiterated: Yes
Is Hazmat: No
Is NPRM: No
Accident #: DCA87MR001
Accident Reports: Derailment of Amtrak Passenger Train 8 Operating on the Soo Line Railroad
Report #: RAR-87-05
Accident Date: 10/9/1986
Issue Date: 2/8/1988
Date Closed: 2/10/1992
Addressee(s) and Addressee Status: FRA (Closed - Reconsidered)
Keyword(s): Fatigue

Safety Recommendation History
From: NTSB
To: FRA
Date: 2/10/1992
Response: The Safety Board notes that the FRA is committed to the legislative reform of the Hours of Service Act. Your testimony before Congress is evidence of your commitment to the intent of the recommendation. Recognizing the FRA's statutpry limitations with regard to revisions of the Hours of Service regulations, the Safety Board has classified Safety Recommendation R-87-65 as "Closed--Reconsidered."

From: FRA
To: NTSB
Date: 9/26/1991
Response: FRA ADVISED THAT THEY DO NOT HAVE AUTHORITY TO ESTABLISH THE NUMBER OF HOURS RAILROAD EMPLOYEES MAY WORK. CONGRESS ESTABLISHED THAT CRITERION IN THE HOURS OF SERVICE ACT. THE ADMINISTRATOR DID STATE HIS SUPPORT FOR LEGISLATIVE REFORM AND CITED INSTANCES WHERE HE HAS SPOKEN IN SUPPORT OF THE REVISION. HE THANKED THE SAFETY BOARD FOR THEIR SUPPORT.

From: NTSB
To: FRA
Date: 5/7/1991
Response:

From: FRA
To: NTSB
Date: 9/21/1990
Response: THE LEGAL FRAMEWORK FOR ADDRESSING THE MAXIMUM HOURS OF DUTY FOR TRAIN DISPATCHERS IS STATUTORY. THE HOURS OF SERVICE ACT, UNLIKE MANY OTHER RAIL SAFETY LAWS, DOES NOT GRANT FRA THE AUTHORITY TO REGULATE ON-DUTY OR OFF-DUTY TIME BEYOND THE PARAMETERS SET BY THE STATUTE. THE ISSUE OF WHETHER AMENDMENTS TO THAT STATUTE SHOULD OCCUR AND FRA SHOULD BE GRANTED REGULATORY AUTHORITY TO ADDRESS THE TOPICS MENTIONED IN THIS RECOMMENDATION, IS UNDER REVIEW. UNDER THE PRESENT CIRCUMSTANCES, FRA BELIEVES THIS RECOMMENDATION SHOULD BE CLOSED.

From: FRA
To: NTSB
Date: 10/30/1989
Response:

From: NTSB
To: FRA
Date: 4/27/1989
Response:

From: FRA
To: NTSB
Date: 3/10/1989
Response: THE FOLLOWING IS A SUMMARY OF THE FRA RESPONSE. THE NUMBER OF HOURS RAILROAD EMPLOYEES--INCLUDING TRAIN DISPATCHERS- MAY WORK IS NOT CONTROLLED BY FRA REGULATION. IT IS CON TROLLED INSTEAD BY THE PROVISIONS OF THE HOURS OF SERVICE ACT, WHICH THE FRA ENFORCES. THE ACT DOES NOT AUTHORIZE THE ISSUANCE OF IMPLEMENTING REGULATIONS, AND THE FRA HAS NO AUTHORITY TO ALTER STATUTORY PROVISIONS. THE FRA HAS LONG BEEN OF THE VIEW THAT OVERSIGHT HEARINGS SHOULD BE HELD TO DETERMINE WHETHER THE HOURS OF SERVICE ACT PROVIDES ADE QUATE REST PERIODS. WE CANNOT UNILATERALLY "REVISE THE HOURS OF SERVICE REGULATIONS" AS SUGGESTED BY THIS RECOM MENDATION.

From: NTSB
To: FRA
Date: 2/14/1989
Response: From the accident report of the head-end collision of Consolidated Rail Corporation freight trains UBT-506 and TV-61 near Thompsontown, Pennsylvania on January 14, 1988. The Board adopted this report on 2/14/1989. Also, the Safety Board reiterated the following safety recommendation to the Federal Railroad Administration: R-87-65 and R-87-66.

From: NTSB
To: FRA
Date: 6/15/1988
Response: