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MTA Engineer charged with manslaughter

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Posted by Euclid on Wednesday, February 1, 2023 9:07 AM

I conclude that the transit locomotive has an in-cab device that warns the engineer if the crossing protection fails to activate at any time during the approach and passage over the crossing.  In this case, the crossing protection did fail to activate, so engineer is guilty of failing to respond to the warning given by the in-cab device.   

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Posted by BaltACD on Wednesday, February 1, 2023 9:51 AM

Euclid
I conclude that the transit locomotive has an in-cab device that warns the engineer if the crossing protection fails to activate at any time during the approach and passage over the crossing.  In this case, the crossing protection did fail to activate, so engineer is guilty of failing to respond to the warning given by the in-cab device.

I am not aware of any such equipment on Light Rail cars.  Remember, these trains operate in the middle of Howard Street through Downtown Baltimore in the manner that streetcars did in an age gone by.  There are frequent train vs. vehicle incidents in this street operation.

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Posted by tree68 on Wednesday, February 1, 2023 11:57 AM

Euclid

I conclude that the transit locomotive has an in-cab device that warns the engineer if the crossing protection fails to activate at any time during the approach and passage over the crossing.  In this case, the crossing protection did fail to activate, so engineer is guilty of failing to respond to the warning given by the in-cab device.   

I don't think we're there yet.

https://railroads.dot.gov/program-areas/train-control/intelligent-grade-crossings

https://www.aar.org/campaigns/ptc/

Note that the AAR piece specifically excludes track or equipment failures...

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Posted by blue streak 1 on Saturday, February 11, 2023 2:29 AM

May have missed it.  Was this crossing just light rail or on section used by night freight trains ?

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Posted by zugmann on Saturday, February 11, 2023 7:06 AM

blue streak 1

May have missed it.  Was this crossing just light rail or on section used by night freight trains ?

 

I don't think there's been freight on there for 20+ years now. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by BaltACD on Saturday, February 11, 2023 7:14 AM

blue streak 1
May have missed it.  Was this crossing just light rail or on section used by night freight trains ?

The location is on the former Baltimore & Annapolis RR that was a Interurban style electric operation between its named points that stopped its passenger operations in the early 1950's.  It maintained a very small freight operation until the 1970's when that was abandoned.  Light rail has been the only thing on the line since the origination of the Baltimore Light Rail in the 1990's.

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Posted by Euclid on Sunday, February 12, 2023 10:31 AM
I am not talking about anything as complicated as “Intelligent Grade Crossings” with massive A.I. and 3D scanning of the site.  While it is essential to motor vehicles on roads, it is mostly irrelevant to grade crossing protection.
 
This is because anything that A.I. could predict of driver transgression would have to be only a few seconds into the future.  Any warning to the engineer of this type of immediate danger will be irrelevant and pointless.  If the engineer is right there when it happens, he will be too close to stop, and if it happens with enough warning time to stop, it will be over by the time the engineer gets there. 
 
The only way any kind of detection makes sense is to detect stalled vehicles. In many cases stalled vehicles can be detected early enough to give the engineer sufficient warning to stop before colliding with the stalled vehicles.  But you don’t need A.I. for that.  All you need is a sensor to see if the crossing is fouled.  
 
My point in concluding that there must have been a robust activation indicator in this crash was simply that it must have been the case in order for the police to be so certain of the gross negligence that they say justifies the charge of felony manslaughter committed by the engineer.  
 
I just, don’t think the facts can add up to a conclusion that the engineer could have done anything to prevent the collision.  That is, unless an automatic warning landed right in his face early enough to allow time to stop the train.  And even if such a long range warning existed, there was no report indicating that the driver had stalled on the track when the engineer still had time to stop.
 
Even if the signals had those tiny porthole lamps, it seems that they would not be a practical solution of preventing collisions caused activation failure.  I doubt that they are actually intended to do that. If they were, they would be much more robust and conspicuous. They would also have their compliance covered in the rules like any other signal.  I suspect the tiny porthole lights are intended as an aid to signal maintainers, and not as a means of warning an engineer to stop the train because the signals have failed to activate.
 
So, to instantly charge the engineer with felony manslaughter, with no time spent for an investigation or explanation of his negligence, seems way over the top.  It seems spiteful.   
 
So I am starting to think the criminal charge is not based on any logical proof of negligence by the engineer.  I now suspect that this vindictive, hasty criminal charge is driven only by the spontaneous emotion surrounding the death of the victim and not on any evidence that the engineer had the ability to prevent the collision. 
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Posted by zugmann on Sunday, February 12, 2023 10:35 AM

Also a great way to boost a political career.   

 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by BaltACD on Sunday, February 12, 2023 12:27 PM

zugmann
Also a great way to boost a political career. 

Ann Colt Leitess - State's Attorney for Anne Arundel County

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Posted by tree68 on Sunday, February 12, 2023 1:56 PM

Euclid
Even if the signals had those tiny porthole lamps, it seems that they would not be a practical solution of preventing collisions caused activation failure.  I doubt that they are actually intended to do that. If they were, they would be much more robust and conspicuous.

This is why some railroads are adding another indicator (as simple as a turn signal) to indicate that at least the lights are working.  

You'd be surprised how visible those portholes (and the LEDs that are replacing them) actually are.

Euclid
So I am starting to think the criminal charge is not based on any logical proof of negligence by the engineer.  I now suspect that this vindictive, hasty criminal charge is driven only by the spontaneous emotion surrounding the death of the victim and not on any evidence that the engineer had the ability to prevent the collision. 

As Balt implies, this looks to be the motivation for the charges.  The case can now get lost in the court system and quietly go away, unless there is a true basis for the case.

We haven't been treated to any information regarding previous failures at that crossing, or just how visible the crossing is to oncoming trains.  

Which leads back to my earlier suggestion that the engineer simply wasn't paying attention.   If the driver in question simply drove across the tracks at speed (whatever is appropriate for that section of road), the engineer likely would have had few options other than backing off the throttle if he realized the protection was not working.

Recall an incident in Michigan several years ago where five teens died when their car was hit by an Amtrak train at speed.  Video from a nearby business showed the car racing toward the crossing.  I don't recall that activation of crossing protection was a factor in that incident, but the engineer had virtually zero ability to sense the approach of the teen's vehicle.  

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Posted by Euclid on Sunday, February 12, 2023 3:12 PM

BaltACD

 

 
zugmann
Also a great way to boost a political career. 

 

Ann Colt Leitess - State's Attorney for Anne Arundel County

 

Oh, I think there is obviously a political agenda behind this. When was the last time that a train engineer was prosecuted for not yielding to a motorist at a grade crossing?

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Posted by BaltACD on Sunday, February 12, 2023 4:59 PM

Euclid
 
BaltACD 
zugmann
Also a great way to boost a political career.  

Ann Colt Leitess - State's Attorney for Anne Arundel County

 Oh, I think there is obviously a political agenda behind this. When was the last time that a train engineer was prosecuted for not yielding to a motorist at a grade crossing?

You are conflating Train with Light Rail.  They both operate on rails, that is their only likeness.  To my knowledge, Light Rail motormen are not required to have at FRA issued Engineers card.  To my knowledge Light Rail motormen must possess a valid drivers license.  

Engineers on RAILROAD trains are not required to have a valid drivers license, just their valid FRA Engineers Card.

Zug and Jeff can explain in more detail.

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Posted by zugmann on Sunday, February 12, 2023 5:05 PM

BaltACD
To my knowledge, Light Rail motormen are not required to have at FRA issued Engineers card.  To my knowledge Light Rail motormen must possess a valid drivers license.  

 

Light rails are under FTA (Fed. Transit Admin.), and not FRA, as far as I know.  What they need to operate a LRV?  I haven't a clue. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by zugmann on Sunday, February 12, 2023 5:06 PM

BaltACD
Engineers on RAILROAD trains are not required to have a valid drivers license, just their valid FRA Engineers Card.

I found mine in a CrackerJack Box! 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

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Posted by matthewsaggie on Sunday, February 12, 2023 8:00 PM

 "So, to instantly charge the engineer with felony manslaughter, with no time spent for an investigation or explanation of his negligence, seems way over the top.  It seems spiteful".

No "instant charge".  The accident was over a year ago. I would have to think that during that time there was a clear investigation.

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Posted by OldEngineman on Monday, February 13, 2023 12:43 PM

google street view:

https://earth.google.com/web/search/maple+road,+linthicum+heights,+md/@39.2053405,-76.65332532,42.76557541a,0d,60y,236.99064208h,88.11804621t,0r/data=CigiJgokCd2hgjQTQz5AEaNIUfDEQT5AGVmQuTJFWVTAIRrDpFMVWlTAIhoKFm54ak5xNXlTUjNGeEtVYm9kcGFuckEQAg

I see fixed signals on either side of the crossing. Do they have any "linkage" to the crossing protection? (that is, in the event of a crossing apparatus failure, would that drop the signals to a more restrictive indication?)

The crossing flashers seem to be mounted high up, cannot see if they have those small white "side lights" as ground-mounted flashers would have.

If this were "heavy rail" (REAL railroad), the union would be on top of this right away. But not so sure about transit-related union representation.

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Posted by Euclid on Monday, February 13, 2023 1:00 PM

matthewsaggie

 "So, to instantly charge the engineer with felony manslaughter, with no time spent for an investigation or explanation of his negligence, seems way over the top.  It seems spiteful".

No "instant charge".  The accident was over a year ago. I would have to think that during that time there was a clear investigation.

 

Thanks for clarifying that.  I did not realize that the crash happed a year ago.  So I agree that there was probably nothing hasty about the decision to blame the engineer.  The story covers the odd twist of first blaming the victim, and then realizing that was an investigative error.  So they changed their conclusion to find that the engineer caused the collision by his extreme negligence.  But I have yet to find any explanation of what constituted that negligence.  So, overall, I cannot conceive of any circumstances that are likely to have placed the blame on the engineer.
 
From what I have read, I conclude that the signals failed to be operating at the moment of the crash, but there is no indication of how the signals functioned during their total activation cycle as the train approached the crossing.  From the news, I must conclude that the victim was unable to see any signal activation.  
 
Possibly the engineer was negligent for not observing that the signals had failed to activate at the point where he had time to stop; if he had observed the signal failure.  But maybe the signals were operating fine right up to the instant that they were first observed by the victim during his approach.  Maybe the signals failed right at that point, so the victim never saw them activated.  Maybe the engineer had observed them to be activated during his approach, but after confirming that point, he failed to notice the signals de-activate.  If so, both he and the victim approached on a collision course with the engineer believing the signals were activated, and the driver believing they were not activated.
 
Both heavy rail and LRT have grade crossings with nearly identical protection for motorists.  It is possible that this crossing was being worked on, and thus under flag protection, and that the engineer failed to respond properly to that protection after the right of way had been granted to the motorist. If that were the case, I can certainly understand blaming the crash on the engineer.  Other than that type of situation, with either type rail system, I have never heard of a grade crossing collision being blamed on the engineer for failing to yield to motor vehicle road traffic. 
 
Then there is this point:      
 

According to Operation Lifesaver, the law requires motorists to look both ways and to be prepared to yield to trains at all grade crossings (including LRT), no matter whether they are passive; or crossings equipped with automatic protection such as bells, flashing lights, and gates.  Therefore, if the automatic protection failed to activate, and road vehicle driver was struck by a train, it was nevertheless the driver’s fault for not yielding to the train.  So I must conclude that this Maryland grade crossing collision had to have been the victim’s fault.  Obviously, if he was struck by the train, he did not yield to it. 

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Posted by tree68 on Monday, February 13, 2023 2:26 PM

OldEngineman
The crossing flashers seem to be mounted high up, cannot see if they have those small white "side lights" as ground-mounted flashers would have.

There are "ground level" flashers on both sides of the track.  All of them have the side lights.  AFAIK, all such signal heads are the same in that respect, no matter the manufacturer.

It might be worth noting, however, that because of the angle of the mounting of the heads, some of those "portholes" would not be visible to an oncoming train.  This is because the main light is aimed at oncoming vehicle traffic.

I don't know what the intended purpose of the convex mirrors is - ie, are they to provide visibility of trains for motorists, or vice versa.

This post/sale on EBay has some nice illustrations:  https://www.ebay.com/itm/175351501794

I have nothing to do with the vendor - this is just for illustration.  Note that there are "portholes" on both sides of the fixture.  Western Cullen Hayes is a well-known purveyor of such equipment.

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Posted by rdamon on Monday, February 13, 2023 4:20 PM

There appears to be a white light on the green signal box.

I do not see a connection to commercial power, but it may be fed some other way.  There are a lot of solar panels as well.

 

 

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Posted by tree68 on Monday, February 13, 2023 6:10 PM

rdamon
There appears to be a white light on the green signal box. I do not see a connection to commercial power, but it may be fed some other way.  There are a lot of solar panels as well.

Many crossing boxes have a light seen through a "port hole" that indicates that the crossing has power.  Also note the battery box adjacent to the signal box.  It may or may not be active.  

Can't really see enough of the poles to determine if a feed is running down the pole.

There is also something running down the ROW between the tracks.  An on-the-ground version of a code line?  Could be power there, just as there was on lineside poles at one time.

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Posted by BaltACD on Monday, February 13, 2023 6:28 PM

rdamon
There appears to be a white light on the green signal box.

I do not see a connection to commercial power, but it may be fed some other way.  There are a lot of solar panels as well.

 

 

 

One can discern that the crossing warning lights are at a angle to the tracks.  Where the port to view if the lights are flashing may not be easily viewable by an operator on either track.

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Posted by rdamon on Monday, February 13, 2023 7:20 PM

I wonder why they installed the mirrors. 

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Posted by Erik_Mag on Monday, February 13, 2023 10:29 PM

tree68

There is also something running down the ROW between the tracks.  An on-the-ground version of a code line?  Could be power there, just as there was on lineside poles at one time.

My first thought was a negative feeder, but could well be something else.

Advances in power electronics have come to the point where the crossing signals could easily be powered from the 600VDC overhead, with the configuration being a galvanically isolated DC/DC converter keeping a battery charged, though the crossing was mst likely built before the appropriate DC/DC converters were available.

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Posted by BaltACD on Tuesday, February 14, 2023 8:59 AM

rdamon
I wonder why they installed the mirrors. 

The road crossing IS NOT perpendicular to the tracks - it crosses the tracks at what I would estimate at a 15 degree angle.  If one considers the tracks run in a N-S direction the road is crossing the tracks at about a WSW to ENE direction.  That I can find, we have no idea of the direction either of the vehicles involved were moving at the time of the incident.

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Posted by tree68 on Tuesday, February 14, 2023 1:33 PM

BaltACD
That I can find, we have no idea of the direction either of the vehicles involved were moving at the time of the incident.

The car and the train both ended up north of the crossing, based on news images and satellite images.

Without knowing the victim's intended route, including where he was coming from, it's hard to know which way he may have been travelling.  The school is near downtown Baltimore and there appear to be several routes he could have taken to get there.

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Posted by BaltACD on Tuesday, February 14, 2023 2:39 PM

tree68
 
BaltACD
That I can find, we have no idea of the direction either of the vehicles involved were moving at the time of the incident. 

The car and the train both ended up north of the crossing, based on news images and satellite images.

Without knowing the victim's intended route, including where he was coming from, it's hard to know which way he may have been travelling.  The school is near downtown Baltimore and there appear to be several routes he could have taken to get there.

From that we can deduce that the Light Rail train was headed geographically North.  IF and I repeat IF, the vehicle was headed nominally Eastward over the crossing the driver would have been contending with the morning Sun being low on the horizon into his face at the time of the incident.  The light rail train would have had the Sun coming from his right front.  The auto driver likely would not have been able to see anything from the mirrors at the crossing as he would have been looking into the sun.

If the automotive vehicle was headed Westward, he should have had direct visual contact with the Northward light rail.

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Posted by Euclid on Tuesday, February 14, 2023 3:31 PM

According to the news, the signals were not activated when the driver approached.  A lot of people rely on the signals and thus do not look for trains.  

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Posted by CSSHEGEWISCH on Wednesday, February 15, 2023 10:00 AM

Euclid

According to the news, the signals were not activated when the driver approached.  A lot of people rely on the signals and thus do not look for trains.  

 
This is not an uncommon situation, even on heavily used railroad lines.  Many grade crossings in urban areas have poor sight lines for motorists due to structures along the street so it can be difficult to slow down to look before crossing the tracks.
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