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Chairman's Archives Page 3 |
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CONTRACT VAN LEGISLATION Today’s tragedy serves to point up the importance of good quality service by Contract Van providers. While this is not to confirm or imply, that the accident in North Bergen on Nov. 6, 2002 was the fault of the van driver, it does serve as a reminder that safe habits may be the only thing that will save your life. We are all at the mercy of fate when required to ride in Contract Vans. Make sure you use your seat belt and position yourself in a seat that is least likely to sustain contact during an accident. Over the years, we have seen some deplorable excuses for vehicles, as well as drivers who seem to have little or no common sense when operating their vehicles. Take other precautions as well. If you are a member of a crew, which frequently is transported by Contract Vans, get to know the driver. You will be better able to determine if they are adequately rested to perform service. Getting to know the driver will also allow you to ask them how many trips they have made since their tour began. You might be surprise to learn that they have made several trips totaling several hundred miles. Make a cursory inspection of the van before getting in. Are all the lens covers of lights intact? Do the tires appear safe? Are there any broken windows, does the exhaust system sound tight? Inside, are the seats secure, are there any loose objects such as tire irons which may become flying objects during an accident? While not written down in any Collective Bargaining Agreement as one of your responsibilities, These habits may ultimately save your life. Unfortunately, there is not too much you can do about the quality of those driving the vehicles with one exception. YOU CAN DECLINE TO RIDE WITH ANYONE WHO YOU FEEL IS AN UNSAFE DRIVER. YOU CAN REFUSE TO RIDE IN A VEHICLE WHICH HAS MECHANICAL DEFICIENCIES. Currently, there is legislation in Congress, H.R. 4761, which addresses some of these issues. H.R. 4761, Sec. 604; (f) “Transport Motor Vehicles. – A railroad carrier shall not require or allow a transport motor vehicle to be used to transport employees to or from a work site, whether that transport motor vehicle is owned or operated by the railroad carrier or by an independent contractor to the railroad carrier, unless the transport motor vehicle has been tested and inspected at appropriate intervals, in accordance with regulations promulgated by the Secretary, to ensure that it has been properly maintained and can safely transport railroad employees” Further, H.R. 4761 Sec. 108, is amended to read, (a) GENERAL – Except as provided in subsection (c) of this section, a railroad carrier and its managers, supervisors, officers, and agents may not require or allow a transport vehicle driver to remain or go on duty _ “(1) unless that transport vehicle driver has had at least 8 consecutive hours off duty, during which the transport vehicle driver receives no communication from such employing railroad carrier or its managers….. during the 24 hour period”…. This
is Federal legislation, which has not yet passed. several states have
laws which require minimum standards of insurance by Contract Vans.
New Jersey does not. It is an issue, which deserves attention.
Enactment however can only be successful when the need is demonstrated.
This is one tragic example. However, there is no reason to wait for
these types of consequences. When you experience any of the above
mentioned circumstances, poor driver ability, intentional disregard of the
Driving Codes, driver fatigue, faulty or substandard vehicles, take just a
moment to make a note of the vehicle number, the driver if they are the
issue, and the facts. Forward them to this office either by phone,
fax, or email.
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CONDUCTOR DIES IN CONTRACT VAN ACCIDENT NORTH BERGEN: CSX Conductor Jim McMahan died from injuries suffered in a crash while riding in a contract van. Engineer John Moore BLE Div 46, remains in serious but stable condition. Moore and McMahan, both from the Albany NY area were on their way to their on-duty location of North Bergen for the homeward bound portion of their round trip. They were being transported from the crew lodgings in Elizabeth to the North Bergen Yard at the time of the crash. It is not yet determined where the responsibility for the accident lies. The van had been traveling North on routes 1 & 9, in North Bergen and was attempting to make a left hand turn into the facility at a light at 51st St. when it was struck broadside by a vehicle traveling South. John Moore, the Engineer a member of the BLE since hiring on the PennCentral in the late 60’s is being held at Jersey City Medical Center pending further tests and treatment. He has been a member of Division 46 since 1988. He has held the office of Secretary Treasurer for several years. Jim McMahan age 48, was a 27 year employee and member of the UTU and was the Vice Local Chairman for the River Line in Albany. He leaves behind a wife and two grown children. The driver of the van is also hospitalized with various minor injuries.
VISIT THE NJSLB WEB SITE www.blenjleg.org.
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