NEW YORK STATE PUBLIC TRANSPORTATION SAFETY BOARD RAIL SAFETY SECTION ABBREVIATED REPORT CASE NUMBER: 8622 DATE OF ACCIDENT: August 8 2005 CARRIER: New Jersey Transit TYPE OF ACCIDENT: Collision SYNOPSIS: On Monday, August 8, 2005 at approximately 5:04 a.m., eastbound New Jersey Transit (NJT) train #42 struck an unoccupied automobile that was fouling the main line track at MP 36.6 on the Port Jervis Line, in the town of Tuxedo. The vehicle was abandoned there five minutes earlier by its intoxicated driver, who was traveling south on NYS Route 17 when he lost control of the vehicle, hit a fire hydrant, and came to rest upon on the tracks. Train #42 left Port Jervis Station bound for Hoboken NJ on the single non-electrified main line track at 3:51 a.m. Train #42 consisted of four coach cars being shoved by locomotive #4130 and had a crew which consisted of the engineer, operating from cab car #6701, a conductor and an assistant conductor. There were approximately 120 passengers on board the train at the time of the accident. Maximum allowable speed for passenger trains in this area is 45 m.p.h. Train #42 made its normally scheduled stop at the Harriman Station at 4:55 a.m. The train departed and was approximately ½ mile west of the Tuxedo Station when the engineer reported that as he came out of a left hand turn, he saw a disabled automobile on the tracks in front of his train. The engineer immediately applied brakes in full emergency, but could not stop the train in time. The train struck the automobile at a speed of approximately 30 m.p.h. The auto became trapped under the front of the head car and was shoved along the tracks approximately 415 feet before finally dislodging to the right side of the track. The train continued on another 120 feet before stopping. The automobile ended up between the undercarriage of the second coach car and the rock outcropping to the right side of the tracks. The conductor then exited the train to see if there was anybody in the automobile in need of assistance. Approximately five minutes prior to the collision, an intoxicated driver of a 1993 Honda Civic was traveling southbound on NYS Route 17 when he drifted across a solid double yellow line, across two north bound traffic lanes, and onto the soft shoulder. The automobile then struck a fire hydrant, knocking the hydrant end over end more than fifty feet across the right-of-way and down the embankment to the Ramapo River Basin. The automobile finally came to a rest stuck on the tracks roughly forty feet south of the point where it struck the fire hydrant. The automobile driver, who was unharmed, then abandoned his disabled vehicle. The driver apparently just stood next to his vehicle, making no attempts to notify the authorities. The impact of coach car #6701 into the auto caused damage to the right front corner of the cab car, as well as minor scrapes and scratch marks along the right side the first two cars (#6701 & #6795). The total estimated damage to both coach cars was approximately $5000.00. There were no reported injuries to passengers or crew on train #42. There was no other damage reported to railroad property. Shuttle buses were utilized to transport the customers from Harriman Station to Tuxedo Station around the accident scene. The totaled automobile was removed from the right-of-way and loaded onto a flatbed truck. Train #42 was reported on the move east again at 6:29 a.m. The New Jersey Transit right-of-way and New York State Route 17 run side by side through the area. NJT trains’ traveling south approaching the accident location come out of a gradual turn to the left and into a straight and tangent run (approximately 245 feet), after which the tracks begin a turn to the right. The grade of the railroad right-of-way remains level through this area. Traveling southbound on NYS Route 17 approaching the accident site, the highway ascends upgrade on the gradual turn to the left. As the roadway and the right-of-way straighten out, they are at it their closest distance apart and on nearly level ground. It was in this locality that the automobile left the roadway. There is no guide rail installed on the shoulder of the Route 17 in this area. As you continue traveling south, the highway grade continues to ascend, while the railroad right-of-way continues on the same plane. The result being that the roadway rises up higher than the right-of–way, eventually exposing a twenty foot high rocky outcropping that lies between the highway above and the railroad right of way below. New Jersey Transit trains operating in New York State on the Port Jervis Line are operated and maintained by employees of New Jersey Transit. However, the tracks, signals, structures, and maintenance of way are all maintained under the authority of Metro North Railroad, West of Hudson Division. Since the accident, the Metro North Railroad and the Public Transportation Safety Board staff have requested that the Region 8 Planning Office of the New York State Department of Transportation install approximately 245 feet of guide rail along Route 17 to connect the two separated end sections of guide rail as well as protect the right of way from unauthorized automobiles. Region 8 Planning responded by stating that a project for additional guard rail was added to the 2005-2006 DOT budget and should be completed sometime in 2006. The accident occurred at dawn and the weather conditions were clear, with an ambient temperature of about 70 degrees. PTSB does not believe weather to be a contributing cause to this accident. The automobile driver was charged by the MTA Police with one count of felony reckless endangerment. He was also charged by the Tuxedo Town Police with violations of the New York State Vehicle & Traffic Laws including operating a motor vehicle while under the influence of alcohol; driving at a speed greater than is reasonable and prudent; unsafe movement from a lane; driving to the left of highway markings; and failure to drive on right side of roadway. The Public Transportation Safety Board staff finds that the most probable cause of this accident was the failure of the intoxicated automobile driver to maintain control of his vehicle which resulted in him fouling the tracks and failing to report this accident to the authorities. Based upon these reported facts, the Public Transportation Safety Board staff makes no recommendations regarding this accident. NAME OF INVESTIGATOR: Robert Maraldo DATE SUBMITTED: September 20, 2005 SIGNATURE: Jerry Shook, Director Rail Safety Bureau .