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SCOTUS locomotive case

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Posted by adkrr64 on Sunday, April 10, 2022 8:13 AM

Would an newer locomotive with a broken air conditioner be allowed in a consist as a trailing, unoccupied unit in a consist? And while on the topic, can units lacking PTC be used as trailing/ DPU units in PTC territory?

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Posted by n012944 on Sunday, April 10, 2022 12:13 PM

adkrr64

 And while on the topic, can units lacking PTC be used as trailing/ DPU units in PTC territory?

 

 

Yes they can.

An "expensive model collector"

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Posted by jeffhergert on Sunday, April 10, 2022 8:20 PM

An engine with a broken air conditioner can still lead.  In some areas a railroad might restrict it's use as a leader during hot weather.

An engine with some noncomplying defects, like a cracked windshield, can still be used for power, but only in a trailing position.  A noncomplying engine, one that can't even be used for power in a trailing position, can still be in the consist.  It has to be isolated or dead. 

Jeff   

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Posted by jeffhergert on Tuesday, June 21, 2022 8:04 PM

I'm a little late on this.  I found out a couple of weeks ago that the Supreme Court deadlocked 3 to 3, one justice recusing herself.  The lower court decision stands, the locomotive was not in service.  Even though it was.

Jeff

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Posted by BaltACD on Tuesday, June 21, 2022 9:18 PM

jeffhergert
I'm a little late on this.  I found out a couple of weeks ago that the Supreme Court deadlocked 3 to 3, one justice recusing herself.  The lower court decision stands, the locomotive was not in service.  Even though it was.

Jeff

Thought the SCOTUS consisted of 9 Justices - 3-3 and 1 abstension doesn't add up.

Never too old to have a happy childhood!

              

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Posted by York1 on Tuesday, June 21, 2022 9:30 PM

The vote was 4-4, with Barrett abstaining since she sat on the 7th Court for the original case.

 

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/train-conductor-loses-case-before-supreme-court.aspx

York1 John       

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