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If the highway vehicle was not moving, the vehicle speed must be “0”; the position code in Item
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16 cannot be “3” (“Moving over crossing”), and Item 19 must be “1,” indicating that the rail
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consist struck the highway user.
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If the rail consist was moving at the time of the impact, Item 17 must be either “1,” “2,” “4,” “6,”
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or “8,” (or “A,” “B,” “D,” or “E”) and the speed in Item 30 cannot be “0.” If the rail consist was
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not moving, then Item 17 must contain “3,” “5,” “7,” or “8” (or “C,” “D,” or “E”); the consist
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speed in Item 30 must be “0”; and Item 19 must be coded “2,” indicating that the highway user
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struck the rail consist.
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If the rail consist struck the highway user, code “1” must be entered in Item 19, and the position
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of the car/unit in the consist given in Item 18 must be “1.” This position is determined by
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counting from the leading car/unit in the consist, identified as the first car/unit to enter the
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crossing. Therefore, whenever a rail consist strikes the highway user, it will always be the
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leading unit that makes the initial contact.
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Item 41 cannot indicate that a highway user went around or through gates if gates were not
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present at the crossing, as shown in Item 32.
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Failure to File Other Accident/Incident Forms or Filing Contradictory Data On Different
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Reports.
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When Part 225 requires that a single accident be reported on more than one kind of form, be sure
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to verify that similar information contained on the various reports is consistent. The following
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are a few of the items that should be reviewed prior to forwarding the monthly reports.
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If reportable casualties occurred in the accident, these must be reported individually on Form
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FRA F 6180.55a.
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If reportable damage (rail equipment and track) exceeded the threshold for train accidents, Form
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FRA F 6180.54 must be completed. Carefully compare all related information between these
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forms to ensure consistency.
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The casualties reported on Form FRA F 6180.55a must have the same State code as that shown
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on Form FRA F 6180.57.
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10.7 Requirements for Form FRA F 6180.150
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The railroad is required to contact any highway user potentially injured in a highway-rail grade
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crossing accident/incident, or their representative, in writing and, if unsuccessful in obtaining the
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needed information, by telephone. Except that a railroad is not required to contact a highway
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user who has died as a result of the accident. The written correspondence should contain the
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FRA Guide for Preparing Accident/Incident Reports
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161
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F 6180.57
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Form FRA F 6180.150, “Highway User Injury Inquiry Form,” a cover letter (see Appendix N for
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a sample cover letter) and a return envelope with postage and return address. The railroad shall
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complete Part I of Form FRA F 6180.150 and send the form with a cover letter to the potentially
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injured highway user.
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With regard to the cover letter, the instructions contained in the final rule require that the letter
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contain the following:
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• An explanation of why the railroad is contacting the highway user;
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• An explanation of part 225’s accident/incident reporting requirements;
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• An explanation of how the form and any response will be used for part 225’s
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accident/incident reporting requirements;
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• An explanation that the highway user is not required to respond and that an response is
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voluntary;
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• An opportunity to correct incorrect information in Part I;
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• Identify and provide contact information for a person at the railroad who can answer
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questions with regard to the form;
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• Provide instructions on how to complete Part II; and
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• An explanation of how any medical records, if requested, personal identifying
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information or information will be handled.
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The cover letter and Form FRA F 6180.150 are meant to be tools that allow the railroad to gather
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information and comply with part 225’s accident/incident reporting and recording requirements.
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As such, a railroad shall not require the highway user to provide any medical or personal
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information in order to report a casualty. The cover letter may ask the highway user to provide
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additional information but the cover letter should not mandate that the individual provide certain
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information in order for a railroad to comply with Federal reporting requirements. The purpose
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of this letter and the form is to collect enough information for the railroad to determine whether
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an individual suffered a reportable injury. Moreover, the cover letter and any communication for
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the purposes of part 225 shall remain separate from and not reference the railroad’s claims
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process in order to avoid confusion.
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The railroad shall hand deliver or send by first class mail the letter and form (along with a
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prepaid and preaddressed return envelope) within a reasonable time period following the date of
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the highway-rail grade crossing accident/incident. A railroad shall keep a record of its efforts to
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contact a highway user and this record and documentation of any information obtained shall be
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available for review and copying by an FRA representative under the same criteria as set forth in
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§ 225.35(b). This record includes, but is not limited to, retaining a copy of the Form FRA F
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6180.150 and the accompanying cover letter, any response from the highway user and, when
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appropriate, a record documenting the date, time and content of the follow-up call. Moreover,
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the railroad must retain a copy of this record for a period of 5 years. See § 225.27.
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For the highway user, Form FRA F 6180.150 is voluntary, not mandatory. FRA acknowledges
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that there will be situations in which a passenger cannot be reached even though a railroad
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contacts the person in writing and by telephone. Other times a passenger will refuse to provide
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FRA Guide for Preparing Accident/Incident Reports
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162
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F 6180.57
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any information even though a railroad clearly explains the Federal reporting requirements and
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the reason for soliciting information. In those cases, a railroad is still responsible for deciding
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whether, considering all of the circumstances, the passenger suffered a reportable injury. The
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railroad’s ability to make a reporting decision is not contingent upon the highway user’s
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response. The railroad must reconsider that determination if new or additional information is
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later acquired. Moreover, if a highway user completes Part II, or provides additional information
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during a telephone call, the railroad will be responsible for determining whether based on the
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circumstances that the person suffered a reportable injury or illness.
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A railroad may terminate their investigation after calling and mailing the individual. The inquiry
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requirement does not place a timeframe on the amount of follow-up the railroad is required to
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perform. Except that the railroad should initiate the inquiry within a reasonable time period after
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the highway-rail grade crossing accident/incident.
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10.8 Instructions for Completing Form FRA F 6180.150
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Item Instruction
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PART I - Highway Rail-Grade Crossing Accident/Incident
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1a. Date of Accident/Incident
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Enter the date the accident/incident occurred. This should come from Form FRA
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F 6180.57, Item 5.
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1b. Time of Accident/Incident
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