Train crew legal responsibilities. Can any professional railroaders shed light?

[Anonymous]

I posted this question on the Model Railroader forum and one of the respondents suggested I might be more likely to find my answer on the Trains forum, so here goes:

I've been thinking recently about the roles of train crew members and it occurred to me I don't know who has the ultimate responsibility for a train. I know the engineer is responsible for obeying signal indications and following instructions in the time table and train orders, and I know the conductor concerned with switching strategy and signaling the engineer to proceed when a train is ready to move, but who has the overall responsibility for the train?

In the aviation and marine worlds there is a captain who has the ultimate legal authority and responsibility. Is there a "captain" of the train? If so, who is it?

Charlie

[kenneo]

The Conductor. The only time that the engineer can override the conductor is when the conductor is intending to do something against the rules.

[edblysard]

Eric gave you the answer.
There are areas of joint responsibility, but in the end, the conductor has the final say, and the responsibility.

From the GCOR, General Code of Operating Rules.

1.47 Duties of Trainmen and Enginemen
The conductor and the engineer are responsible for the safety and protection of their train and observance of the rules. If any conditions are not covered by the rules, they must take every precaution for protection.
A. Conductor Responsibilities


The conductor supervises the operation and administration of the train (if trains are combined with more than one conductor on board, the conductor with the most seniority takes charge). All persons employed on the train must obey the conductor's instructions, unless the instructions endanger the train's safety or violate the rules. If any doubts arise concerning the authority for proceeding or safety, the conductor must consult with the engineer who will be equally responsible for the safety and proper handling of the train.
The conductor must advise the engineer and train dispatcher of any restriction placed on equipment being handled.
When the conductor is not present, other crew members must obey the instructions of the engineer concerning rules, safety, and protection of the train.
Freight conductors are responsible for the freight carried by their train. They are also responsible for ensuring that the freight is delivered with any accompanying documents to its destination or terminals. Freight conductors must maintain any required records.
B. Engineer Responsibilities

The engineer is responsible for safely and efficiently operating the engine. Crew members must obey the engineer's instructions that concern operating the engine. A student engineer or other qualified employee may operate the engine under close supervision of the engineer. Any employee that operates an engine must have a current certificate in his possession.
The engineer must check with the conductor to determine if any cars or units in the train require special handling.
C. Conductor and Engineer Responsibilities

Conductors and engineers must ensure that their subordinates are familiar with their duties, determine the extent of their experience and knowledge of the rules, and instruct them, when necessary, how to perform their work properly and safely.
D. Other Crew Members Responsibilities

To ensure the train is operated safely and rules are observed, other crew members must assume as much responsibility as possible to prevent accidents or rule violations.
When the conductor or engineer fails to stop the train, or emergency requires, other crew members must stop the train immediately.


Here is a link...
http://www.railroadcontrols.com/gcor/
Ed

[rich747us]

Under our rules at CSX, the conductor is in charge of the train just as in the case of GCOR rules. Additionally, the engineer would take over that role in the absense of the conductor. Of course, that would really not be much of an issue unless you have a three man crew in which case a switchman assigned to the crew would take orders from the engineer.

[Anonymous]

The catch is though, that in the event of an incident, usually the whole crew is found to be legally responsible because obviously the conductor was not fulfilling his responsibilities according to these rules, and no one else on the crew took appropriate precaution to remedy that shortfall, also violating their seperate reponsibilities under these rules too.

The only one that MAY come out clean from an incident in some cases may be the trainman / brakeman / conductor trainee, only if he did not directly cause the incident and can be shown to be inexperienced enough to not have known to take action to stop the movement or what not.

Most of the stories I hear from our connecting Class I's (NS and CSXT) are usually the whole crew is fired or disciplined in the event of an incident. So while the conductor may be the "captain" of the train, all of the crew members are still jointly responsible for ensuring safe movement according to the rules.