PUBLIC TRANSPORTATION SAFETY BOARD RAIL ACCIDENT CLOSE OUT FORM *******************************************************************************

1. CASE NUMBER: 8322 2. PROPERTY NAME: MTA- Rail Road

3. CRITERIA CODE: CX 4. ACCIDENT DATE: December 16, 2004 (CHOICES CX-EV-PF) 5. LINE NAME: 6. LOCATION: West Broadway, Hewlett

7. NO. OF INJURIES: 0 8. NO OF FATALITIES: 0

9. ACCIDENT CODE: 52 (CHOOSE ONE OF THE FOLLOWING)

40-Track Maintenance. Deficiency 45-Human Failure-Improper Procedure 50-Fell From Train 41-Track Component Deficiency 46-Material On Track 51-Ignored Warning Devices 42-Equipment Maintenance.Defincency 47-Inconclusive 52-Unsafe Action 43-Equipment Component Def. 48-Loss Of Power 53-Mech. Failure/Other Vehicle 44-Human Factor/Equipment Operator 49-Fire or smoke 55-Drag Related 56-Non-Passenger Fatality

10. PROBABLE CAUSE: At approximately 2:50 p.m., on Thursday, December 16, 2004, the engineer of eastbound train #2854 reported striking an occupied vehicle which was stopped in the right traffic lane past the white stop line of the West Broadway grade crossing in Hewlett. The investigation determined that the operator stopped his vehicle in traffic and, when the gates activated for the approach of train #2854, failed to back up sufficiently to clear his vehicle from fouling the track.

The engineer of the eight car train reported that he was traveling eastbound towards Far Rockaway Station on track #2 at approximately 27 mph when he observed the vehicle fouling the track at the crossing. The engineer further stated that he placed the train’s brakes in emergency, but was unable to stop in time. After striking the vehicle, the train came to rest approximately 300 feet north of Hewlett Station and the vehicle came to rest on the west side of the West Broadway crossing. The vehicle operator was reportedly shaken up, but refused medical aid. There were no injuries to the passengers or crew. The vehicle and LIRR operating car #7146 each sustained minor front end damage. There was no damage to the tracks or signal equipment.

West Broadway is a four lane street with two traffic lanes in each direction. The crossing is protected by two sets of vehicle gates with bells and two sets of pedestrian gates. There is a painted white stop line on the roadway west of the crossing for vehicular traffic traveling eastbound. Weather conditions at the time of the accident were clear with a temperature of approximately 40 degrees and the road pavement was dry. Passengers remained on board the train during the police investigation and at approximately 3:43 p.m., the train was released by the police and continued eastbound into Hewlett Station where the passengers were discharged to await the following eastbound train.

Post accident signal tests revealed that the crossing protection at West Broadway was operating as intended and was in compliance with all state and federal regulations. Police issued the vehicle operator a traffic summons for obstructing a railroad-highway grade crossing.

The Public Transportation Safety Board staff finds that the most probable cause of this accident was the unsafe action of the vehicle operator stopping his vehicle beyond the painted white stop line at the railroad crossing and failing to recognize that the vehicle was still fouling the tracks after backing up. Based on the circumstances surrounding this accident, PTSB staff makes no recommendations.

11. DID THE PROPERTY CONTRIBUTE TO THIS ACCIDENT? NO

12. ARE THERE ANY RECOMMENDATIONS TO BE MADE? NO

INVESTIGATOR: John L. Compitello DATE: January 3, 2005

SUBMITTAL

The above case has been thoroughly investigated and meets all the conditions identified in PTSB Resolution #1220 and does not require a written report.

Date: January 4, 2005 Jerry Shook, Director Rail Safety Bureau