U.S. Department                        Region VIII                        
of Transportation 

July 9, 2001                                                                                     L2001 -BNSF-8-0019

Mr. Richard B. Etienne
Local Chairman, Div. 758
Brotherhood of Locomotive Engineers

Dear Mr. Etienne:

This is in response to your letter of May 3, 2001 regarding a possible violation of the Railroad Locomotive Safety Standards by the Burlington Northern and Santa Fe Railway Company (BNSF). Your letter references an incident that occurred April 11, 2001 involving BNSF Train MPASLYD 1. The lead controlling locomotive (BNSF 750) was dispatched from Pasco with windshield wipers that did not function as designed and completely failed to operate while the train was en route.

Our investigation revealed that the incident occurred essentially as you outlined in your letter. It is apparent that a violation took place and that a recommendation for civil penalties could be submitted against BNSF. In this case, since the violation was not witnessed by a FRA inspector, it is necessary to base the recommendation for civil penalties on a statement from the engineer who was a witness to the incident. However, the engineer declined to provide us with a statement.

In your letter, you ask four specific questions. The four questions are addressed below:

Question:     Are defective wipers considered a FRA defect?

 Answer:    49 CFR 229.119-Cabs, floors, and passageways, states in paragraph (b) Cab windows of the lead locomotive shall provide an undistorted view of the right-of-way for the crew from their normal position in the cab... Wipers are placed in a locomotive cab by manufacturers to comply with this regulation during inclement weather, etc. Inoperative windshield wipers are considered to be a defect as per 49 CFR Part 229.45-General Conditions which states in part... All systems and components on a locomotive shall be free of conditions that endanger the safety of the crew, locomotive or train...

Question:     Was the carrier in error in ordering the crew to take the train as it was?

Answer:     The carrier was in error, the locomotive was dispatched from a repair facility with windshield wipers, during a rain storm, that did not function as designed and subsequently failed en route. While technically this may not have been a violation (since the wipers did function) the FRA does not condone the dispatching of locomotives with safety devices that have not been properly repaired. At the Pasco terminal the BNSF could have made the proper repairs necessary or placed another locomotive in the lead with proper operating windshield wipers.

Question:     Isn’t this an unsafe act?

Answer:     Yes this was unsafe. In Part 49 CFR 229.119-Cabs, floors, and passageways, states in paragraph (b) Cab windows of the lead locomotive shall provide an undistorted view of the right-of-way for the crew from their normal position in the cab... Locomotives are equipped with windshield wipers to comply with this regulation during adverse weather conditions. When the wipers failed to operate en route, the crew no longer had an undistorted view of the right of way. The railroad could have taken another locomotive with operable windshield wipers to place in the lead.

Question:     What recourse will FRA have, and what actions will be taken?

Answer:     The investigation revealed that the BNSF was in violation when the windshield wipers completely failed en route and locomotive BNSF 750 was not replaced with another locomotive with operable wipers as lead locomotive. However, since the violation was not personally observed by the FRA, and the engineer did not wish to provide a witness statement, it will not be possible to submit a recommendation for civil penalties. The FRA will continue to monitor the Pasco, Washington locomotive facility ensuring that proper repairs are made as discussed in question number two above.

Our inspector confronted the Pasco General Mechanical Foreman and the Pasco Terminal Superintendent about the incident. They responded by saying that they did not condone the dispatching of locomotives with known safety defects and would take steps to prevent this type of incident from happening again.

We understand that our investigating inspector has contacted you about the findings of our investigation. The wipers have since been repaired. Thank you for your interest in railroad safety.