Reply to "Tooting the horn"

On the subject of FRA Inspectors and railroad operating rules:

1. FRA Inspectors do not independently test for compliance with operating rules.  They always arrange for a railroad official to be present and they test the official, as well as the train crew.  The official chooses the location and type of testing to be done.  The FRA Inspector might suggest that he would like to see testing done on a certain activity, but the railroad official calls the shots on what, when and where.
2. The reason for this is that the Federal government makes laws which the railroad must then incorporate into its own rules.  Compliance with -- and, if required, enforcement of -- railroad rules (regardless of whether or not a Federal law affects certain rules) is the responsibility of the railroad.  The FRA tests to see how well the official knows the rules, understands how to perform the authorized and standardized tests, and what the railroad official does in order to correct any rules violations observed.  
3. FRA Inspectors observing rampant noncompliance with rules can cause an audit to be performed, in which numerous FRA Inspectors come to that territory and do audits of test records, perform extensive operations tests (with railroad, officials, of course) and review their findings with the Division management.  If the Division management does not have an acceptable plan for improving compliance, then the FRA goes to the System management, such as the Vice President - Operations.  I don't know of it ever having been necessary to go beyond Division management.
4. FRA does not deal directly with errant employees.  That is the responsibility of the railroad.  FRA does not testify, or even attend, formal investigations held to determine responsibility, if any, of individual employees.  FRA does not assess discipline, as that, again, is the responsibility of the railroad.
5. The FRA does fine railroad companies for mechanical defects or improper placarding of hazmat cars found (with a railroad Mechanical Department official accompanying the Inspector), but operating rules violations are treated differently, except for hazmat violations such as improperly placing of hazmat cars in the train, and for hours of service violations.  These fines are against the railroad, not against individuals, and FRA negotiates with railroads for reduction or cancellation of individual fines.
6. The Code of Federal Regulations provides for fines which can be assessed against individual employees, but they never fine an individual unless that individual has repeatedly violated that rule.
7. So, all the tough talk about the Federal Railroad Administration fining railroad employees who do not comply with a rule or rules during operations testing is bluster.  I know of only one employee -- just one -- somewhere up in the Great Lakes area, who was fined by FRA for hours of service violations, after having been warned twice for the same offense on two previous occasions.  The employee was a Road Foreman of Engines -- yes, a supervisor -- who had the authority to prevent rule violations, but repeatedly caused rule violations.