Restricted speed accidents are a major problem in the industry. FRA data points to restricted speed violations as the cause of a number of train accidents every year. For example, a review of data for 1991 revealed that about 52 percent of all impact accidents that year resulted from restricted speed violations.
A total of 2 fatalities, 38 personal injuries, and about 12 million dollars property damage resulted from those accidents. There has been little improvement since 1991. This is a serious concern for FRA due to the simple fact that there should be no restricted speed collisions given the requirements of the rule.
FRA believes restricted speed accidents continue to occur for two basic reasons:
1. Rule Misunderstanding. FRA has found that many railroad operating employees and many operating officers do not understand restricted speed. Many feel that as long as the train is under the specified speed (e.g., 20 mph), then they are in compliance with restricted speed. This is reinforced by railroad operational testing for restricted speed that grants a "pass" if the train is under 20 mph, ignoring the need to stop "...within one-half range of vision...short of obstruction...."
During a recent survey of operating crews in one FRA region, we recorded about 80 percent of the employees and officers improperly responding to the question, "Define restricted speed." Their primary answer: "...20 mph...."
FRA further confirmed umfamiliarity with the rule through review of human factor supplements submitted after certain collisions. Several employee commentators said in their defense: "...it was dark...there were curves...I was only going 20 mph...by the time I saw the other train it was too late to stop...."
2. Poor Operational Testing. As mentioned, some railroadstest for restricted speed with a radar gun alone. Such test are incomplete and fail to fully test rule compliance. The speed requirement is but one standard -- trains must be able to stop short.
FRA has successfully collected civil penalties from railroads that do not require a stop when conducting restricted speed test. Such testing does not represent actual operating conditions on the railroad. A standard required under Part 217.
As a result of the safety risk posed by noncompliance with restricted speed, FRA believes there should be certain decertification sanctions for noncompliance. Unfortunately, the issue was not addressed in the regulation with sufficient clarity.
We intend to address restricted speed noncompliance with specific verbiage in the final rule currently under draft. However, in the interim, FRA offers the following specific interpretation relative to restricted speed and implications for decertification:
Violation of the railroad "restricted speed: rule which results in any of the following, is per se violation of 49 CFR 240.117 (e) (2): (train speed).
* collision with railroad rolling equipment that results in property damage exceeding the FRA reporting threshold (currently $6300) or a reportable injury.
* Movement through improperly lined switch or over a derail resulting in derailment of equipment which exceeds the reporting threshold (currently $6300).
The rationale for this interpretation is based upon the fact that the speed of the train should have been zero prior to impact/improperly lined switch.
Therefore, any speed in excess of zero is more than one half the authorized speed. We have focused the Federal decertification for instances of more serious consequences leaving the less serious incidents to handling under railroad discipline policy.
FRA believes that the railroad have the obligation to ensure operating employees and officers understand restricted speed and we expect the them to emphasize the rule in training and rules classes.
We expect to see railroad operational tests that require stopping in addition to any speed standard.
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