By Liz Henderson
“I heard a bomb-like explosion… then the train was right in front of me. It was chaotic. It was pretty horrifying,” recounted Mike Larson, NJ Transit employee. The morning of Thursday September 6, 2016, a packed commuter train rammed into the Hoboken, New Jersey rail station killing one person and injuring over a hundred more. This crash has now sparked attention about the available technology that could have prevented this trauma.
The currently available technology, although not present on this train, is called “positive train control” or PTC. This technology saves lives by compensation for common human error. Essentially PTC automatically slows a train to proper speed. PTC was regarded as “the single most important rail safety development in more than a century,” according to the U.S. Department of Transportation.
This particular train involved in the crash did not have PTC available, nor did any of the track segments, towers, or 1,000 employees have any PTC training or readiness. In fact, NJ Transportation has yet to submit a plan for future implementation. PTC is currently set to be updated in NJ sometime in 2018. NJ Transportation has yet to determine, if PTC was active, whether it would have prevented the crash.
However, a Congressional mandate could have demanded the implementation of PTC, as they planned in 2008, due to thirty-four deaths and over 600 injuries that could have been prevented by PTC. This original deadline was December 31, 2015, but as that final day approached, Congress extended the deadline to December 31, 2018. However, this was not a fixed deadline and allows for more extensions.
A similar train crash occurred in Philadelphia with eight deaths and over 200 injuries. The victims’ lawyers urged lawmakers and regulators to implement nationwide PTC. However, are there any legal ramifications for failing to implement these changes?
Tort charges can be brought for negligence and related torts against companies directly involved. This does not solve the problem of a nationwide PTC implementation. For an implementation of PTC across the nation to become law, Congress would need to stop extending the deadline.
In the United States Constitution, Article I, Section 6, Clause 1, is the Speech or Debate clause which allows Congress members immunity from arrest during their attendance in their respective sessions except in cases of treason, felony, and breach of the peace. The first two exceptions are clear, and not implementing PTC is neither treasonous or felonious. However, could these actions breach these peace?
Generally speaking, disturbing the peace refers to words or conduct that compromises the safety, health, morals, or overall peace and quiet of the public. A train crash seems to squarely fit into compromising health and safety of the public. In NJ alone over 100 peoples’ health and safety were violated. There is no case law on train crashes being a disturbing the peace violation. This would be a riveting argument to make on a case of first impression. Congress may have very well disturbed the peace in session making it an arrestable offense.
Student Bio: Liz is a Staff Writer on the Journal of High Technology Law. Liz is also the Vice President of Women of Color Law Student Association, Massachusetts Bar Liaison, and on the current Massachusetts Bar Association Law Student Section Council. She is currently a 2L at Suffolk Law. She possesses a B.A. in Political Science and Economics from the University of Pittsburgh.
Link:
http://www.cbsnews.com/news/hoboken-train-crash-ptc-technology-prevent-accidents/
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
