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