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NJT engineer has suspended driver's license


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#1 CNJRoss

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Posted 22 May 2016 - 05:58 PM

WABC-TV New York, 5/20:
 

Exclusive Investigation: NJ Transit engineer has suspended driver's license

 

NEW JERSEY (WABC) -- He is responsible for getting thousands of rail commuters to work every week, but the state of New Jersey says he's unsafe behind the wheel of a car.

He's a New Jersey Transit Engineer and even though he lost his driver's license for DWI-related issues, he is legally able to drive a train.

Engineer Thomas Broschart drives passengers on NJ Transit trains hundreds of miles every week. But at the end of his work day, Broschart can't drive a single mile behind the wheel of a car, he has to have someone pick him up to take him home.

 

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#2 KevinKorell

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Posted 22 May 2016 - 06:34 PM

One has to wonder if it will take a terrible accident, where all this will be dug up anyhow, to get this guy removed from his job.  It should be obvious he cannot control his drinking. Does anyone really believe that somebody with that many DWI-related motor vehicle violations knows when not to drink before he starts working his shift as an engineer?



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#3 CNJRoss

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Posted 23 May 2016 - 01:58 PM

Here's the relevent federal rules regarding driving record consideration for railroad engineer certification:

 

49 CFR 240.115 - Criteria for consideration of prior safety conduct as a motor vehicle operator.

 

(a) Each railroad's program shall include criteria and procedures for implementing this section.
 
(b ) When evaluating a person's motor vehicle driving record, a railroad shall not consider information concerning motor vehicle driving incidents that occurred more than 36 months before the month in which the railroad is making its certification decision and shall only consider information concerning the following types of motor vehicle incidents:
 
(1) A conviction for, or completed state action to cancel, revoke, suspend, or deny a motor vehicle drivers license for, operating a motor vehicle while under the influence of or impaired by alcohol or a controlled substance;
 
(2) A conviction for, or completed state action to cancel, revoke, suspend, or deny a motor vehicle driver's license for, refusal to undergo such testing as is required by State law when a law enforcement official seeks to determine whether a person is operating a vehicle while under the influence of alcohol or a controlled substance.
 
(c ) If such an incident is identified,
 
(1) The railroad shall provide the data to the railroad's EAP Counselor, together with any information concerning the person's railroad service record, and shall refer the person for evaluation to determine if the person has an active substance abuse disorder;
 
(2) The person shall cooperate in the evaluation and shall provide any requested records of prior counseling or treatment for review exclusively by the EAP Counselor in the context of such evaluation; and
 
(3) If the person is evaluated as not currently affected by an active substance abuse disorder, the subject data shall not be considered further with respect to certification. However, the railroad shall, on recommendation of the EAP Counselor, condition certification upon participation in any needed aftercare and/or follow-up testing for alcohol or drugs deemed necessary by the EAP Counselor consistent with the technical standards specified in § 240.119(d)(3) of this part.
 
(4) If the person is evaluated as currently affected by an active substance abuse disorder, the person shall not be currently certified and the provisions of § 240.119 will apply.

 

 
I'm sure NJT has appropriate compliance procedures in place. 
 
Additionally, railroads take Rule G very seriously; any operating employee exhibiting any sign of impairment due to intoxicant use would be sent for drug/alcohol testing; there is also a requirement for random testing. 
 
Ross


#4 CNJRoss

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Posted 23 May 2016 - 07:11 PM

Here is Rule G from the NORAC Operating Rules, 10th Edition, adopted by NJT:
 

 

G.  Drugs and Alcohol

 

Employees are prohibited from engaging in the following activities while on duty or reporting for duty:

 

1.  Using  alcoholic  beverages  or  intoxicants,  having  them  in  their  possession,  or being under their influence.

 

2.  Using or being under the influence of any drug, medication, or other controlled substance – including prescription and/or over-the-counter medication – that will in any way adversely affect their alertness, coordination, reaction, response or  safety.    Employees  having  questions  about  possible  adverse  effects  of prescribed  medication  must  consult  a  Company  medical  officer  before reporting for duty.

 

3.  Illegally possessing or selling a drug, narcotic or other controlled substance.

 

An employee may be required to take a breath test and/or provide a urine sample if the Company reasonably suspects violation of this rule.   Refusal to comply with this requirement will be considered a violation of this rule and the employee will be promptly removed from service.

 



#5 CNJRoss

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Posted 26 May 2016 - 09:54 AM

AP via NorthJersey.com,
 

Sweeney pushes bill in wake of NJ Transit train engineer's DWI past

 

NEWARK, N.J. (AP) — A top state lawmaker said Wednesday he will push for a vote this week on legislation that would prevent engineers from operating trains if their driver's licenses are revoked or suspended for drunken driving violations.

 

The move came after a TV station's investigation revealed that New Jersey Transit engineer Thomas Broschart has been operating commuter trains despite losing his license to drive a car for 10 years for repeated drunken driving.

 

SNIP

 

NJ Transit has said that rules governing engineers were strictly followed in Broschart's case and that he is certified to operate locomotives under federal law.  .  .  .

 

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#6 KevinKorell

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Posted 27 May 2016 - 04:44 PM

Newark, NJ Star-Ledger, 5/27/16:

 


NJ Transit to check engineer driving records to answer DUI safety concerns

 

NJ Transit officials will now check engineers driving records on a daily basis to answer safety questions brought up by lawmakers and riders after an engineer was found to have lost his license for 10 years following convictions for driving under the influence.

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#7 KevinKorell

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Posted 27 May 2016 - 05:14 PM

And now our engineer no longer works for NJT.  From WABC-TV, ABC-7 in New York, NY, 5/27/16:

Investigators: Engineer with DWIs off the rails; Senators want federal action

 

The backlash following an exclusive Eyewitness News investigation into a NJ Transit train engineer who has a suspended license for multiple drunk driving offenses continued Friday.
 

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#8 CNJRoss

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Posted 04 September 2016 - 04:28 PM

NJ.com, 8/31:
 

New law bans NJ Transit engineers with DUI's from operating trains

 

Railroad engineers who've lost their driver's license for driving under the influence will be banned from operating NJ Transit commuter trains under a bill signed into law by Gov. Chris Christie on Wednesday.

The bill was proposed in May after ABC-TV news reports of an NJ Transit locomotive engineer who was still operating trains while his driver's license was suspended for 10 years following DUI convictions.

 

SNIP

 

U.S Senators Cory Booker and Robert Menendez, D-NJ, said they plan to pursue federal legislation to require passenger railroads to suspend engineers from operating trains if they've lost their driver's license for a driving under the influence conviction.

 

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#9 CNJRoss

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Posted 10 January 2017 - 10:50 PM

BLET news release:

 

Unions seek to overturn punitive New Jersey substance abuse law

 

 

INDEPENDENCE, Ohio, January 9 — Two railroad labor unions have jointly filed a lawsuit to overturn a punitive New Jersey law that prohibits New Jersey Transit locomotive engineers from operating trains if their personal motor vehicle driver’s license is suspended.

The unions argue that the state law, signed by Governor Chris Christie in late August of 2016, is preempted by Federal law, specifically, the Rail Safety Improvement Act of 2008, and also by existing Federal Railroad Administration (FRA) certification requirements for locomotive engineers.

The lawsuit was filed jointly on January 9 by the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD).

“Current federal law and existing federal rail safety regulations already thoroughly address the treatment of railroad workers who have their personal motor vehicle licenses revoked for operating under the influence of alcohol or other banned substances,” BLET National President Dennis R. Pierce said. “The New Jersey state law is incompatible with the federal law and is a solution in search of a problem. It does nothing to make the railroad safer.”

Federal law provides for safety checks and regular re-checks on locomotive engineers’ personal driving records, and mandates counseling and/or treatment for locomotive engineers who are diagnosed as having an active substance abuse disorder. Workers who refuse or fail to comply with the federal law have their certification suspended. Those who comply with the federal law and the terms of federally-mandated substance abuse program are permitted to continue working in a safe manner.

The state law reads in part: “A person whose driver’s license is suspended or revoked for a violation of R.S.39:4- 50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or a law of a substantially similar nature in another jurisdiction shall not operate, during the period of suspension or revocation, a locomotive or train provided by the New Jersey Transit Corporation, or any public or private entity under contract to the corporation.”

"Safety of our members and the traveling public is our top priority,” said SMART-TD President John Previsich. “But this matter is heavily regulated in the Federal arena, with science-based programs and systems already established to address such issues. Introducing another layer of bureaucracy, with overly punitive measures that conflict with Federal law, will only serve to disrupt and interfere with the very effective programs already in place.”

 

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