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Cell Phone Use by Railroad Workers – New Rules Coming in 2011

On March 28, 2011 much of the Federal Railroad Administration Emergency Order No. 26 will become permanent. Emergency Order No. 26 restricts the use of cell phones and other types of electronic devices by on duty railroad crews in an attempt to reduce railroad distracted driving accidents.

What is Banned by the New Rule?

The new rule includes limitations on things such as cell phones, GPS devices, MP3 players, and cameras. The rule states that railroad employees can, “not use an electronic device if that use would interfere with the employee's or another railroad operating employee's performance of safety-related duties."* Generally, it means that an on duty railroad employee cannot use a personal cell phone, personal GPS or other electronic device.

What are the Consequences for Breaching the New Rule?

Under Emergency Order No. 26, a railroad engineer or conductor who used a personal cell phone or other electronic device could have his or her certification revoked. The rule which will go into effect in late March 2011 does not immediately include such a revocation of certification. However, the FRA has not ruled out the possibility that such a revocation may be appropriate in the future, in order to protect railroad workers and passengers from the dangers of distracted train operators.

What Should You Do if You’ve Been Hurt in a Train Accident?

If you are a railroad worker or train passenger who has been injured in a train accident that was caused by someone else’s negligence, then you may be entitled to damages. Please contact the experienced New Jersey and New York railroad injury attorneys of Hofmann & Schweitzer for more information about your rights. We can be reached at 1-800-362-9329 or via our online contact form.

*Source: Federal Register Volume 75, Number 186 (Monday, September 27, 2010) Rules and Regulations Pages 59580-59604

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