Rule mandating

Since 1938, drivers have been allowed to self-report their on-duty/off-duty time this way.The paper logs are often called "comic books" because they are easy to falsify to hide the fact that drivers have been on the road longer than federal rules allow without rest.PTC will be in operation for 60,000 out of the nation's 140,000-mile freight rail system."Notwithstanding an extensive body of evidence showing that two-person crews are no safer than one-person crews, the nation's Class 1 freight railroads currently operate with two-person crews, and have committed to continuing that practice for trains without PTC systems in place," Hamberger stated.(a) Procedures for Discovery.(1) Automatic Discovery.(A) Mandatory Discovery for the Defendant.The prosecution shall disclose to the defense, and permit the defense to discover, inspect and copy, each of the following items and information at or prior to the pretrial conference, provided it is relevant to the case and is in the possession, custody or control of the prosecutor, persons under the prosecutor's direction and control, or persons who have participated in investigating or evaluating the case and either regularly report to the prosecutor's office or have done so in the case:(i) Any written or recorded statements, and the substance of any oral statements, made by the defendant or a co-defendant.(ii) The grand jury minutes, and the written or recorded statements of a person who has testified before a grand jury.(iii) Any facts of an exculpatory nature.(iv) The names, addresses, and dates of birth of the Commonwealth's prospective witnesses other than law enforcement witnesses.However, if in the judgment of either party good cause exists for declining to make any of the disclosures set forth above, it may move for a protective order pursuant to subdivision (a)(6) and production of the item shall be stayed pending a ruling by the court.(D) Record of Convictions of the Defendant, Codefendants, and Prosecution Witnesses.

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A truck driver reviews his handwritten daily logbook of work hours at a rest area in Maryland.

"PTC is designed to provide continuous monitoring of train operations to protect against human error in controlling train speeds and movements.

This is exactly the kind of safety redundancy through technology for which the FRA has long advocated." Hamberger also noted with irony that the proposed rule comes from the Department of Transportation (DOT) at the same time as that agency is enthusiastically promoting autonomous vehicle technology, which would facilitate platoons of un-manned trucks on our nation's highways.

"Even the FRA concedes they have no 'reliable or conclusive statistical data' to suggest that two-person crews are safer.

I encourage the FRA to reexamine the facts and exercise sound regulatory judgment before finalizing a rule that lacks empirical support." Hamberger pointed out Class 1 freight railroads remain committed to two people in the cab for trains operating on mainline track that is not equipped with Positive Train Control (PTC).

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