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Originally Posted by FlaTinkRAMESAM
A witness to the monorail accident that killed a train operator at Walt Disney World over the weekend described it as "a head-on collision" between two trains in a 911 call released Monday.
Basically this is an easy mistake to make since the trains look identical in the front and back. Chances are had it been "head-on" both drivers would have been killed based on the pictures and video I have seen.
As for the NTSB getting involved it seems like they are over stepping their authority unless it depends on the number of people carried by a system that determines their jurisdiction.
Jeff (aka JPL)
Former VMK alias figgiefig
Intercot Staff
Disney Tech - Software, Games & Web
The Locker Room
Disney Vacation Club
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"Remember it all started with a Mouse"
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I'm with John on this, i agree that there should be a full accounting/investigation, but I'm a bit bothered by the NTSB's stepping in as well. My first thought was that they don't really have jurisdiction, and I'm still not completely sure they do. However, according to the code under which they fall, they can step in when they see fit.
If you're interested, you can look it up on their site. Or, PM me and I will send you the link. I read thru it and nowhere could I find anything specific or exclusive of private property. It reads as follows:
excerpts from:
United States Code Annotated
Title 49. Transportation
Subtitle II. Other Government Agencies
Chapter 11. National Transportation Safety Board
Subchapter I. General
1131. General authority (a) General.--(1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of--
(C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;
(F) any other accident related to the transportation of individuals or property when the Board decides--
(i) the accident is catastrophic;
(ii) the accident involves problems of a recurring character; or
(iii) the investigation of the accident would carry out this chapter.
1134. Inspections and autopsies (a) Entry and inspection.--An officer or employee of the National Transportation Safety Board--
(1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record, process, control, or facility related to an accident investigation under this chapter.
It kinda sounds like their authority is pretty broad, if not somewhat ambiguous.
Everybody else is thinking it, I'm just saying it. - Mr Gibbs
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2/00-OKW/BW
9/00-YC
7/01-BW
12/01-Doubletree Suites (DTD)
4/02-WL
4/03-BW
2/04-Mariott Horizons
7/04-POP
2/06-POP
9/06-POP
9/07-POP
6/08-Dolphin/POP
10/09-POP
10/10-POP
3/10-CSR
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The National Transportation Safety Board shall investigate or have investigated ... and establish the facts, circumstances, and cause or probable cause of--
(C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;
This doesn't seem ambiguous to me and seems to be within the NTSB's jurisdiction. There was a fatality and it was a passenger train. I'm assuming the NTSB never before took an interest in the monorail because there had never before been a fatality.
Many visits over 35+ years!
DVC member since 2004 (SSR)
Stayed at: Bay Lake Tower, Polynesian, Contemporary, Wilderness Lodge, Boardwalk, Beach Club, Dolphin, PO Riverside, AS Sports, AS Movies, Saratoga, Vero Beach, Hilton Head, Aulani, Disneyland Hotel, and Grand Californian.
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whatever happened and whoevers investigating....its a shame that someone died.
this is terrible for the family and for Disney.
BC 2
WL CL 1
AKL 4
SOG 3
POFQ 3
POR 2
CSR 4
CBR 2
Asp 3
AS m 2
POP 7
12-13 WL CSR ASM
3-14 POR, AS s Dolphin
6-14 Us CSR
1-14 Unv
6-15 WL, SSR.
11- 15. AOA, OKw
7 16..CSR, FW, AKL, POR
7 17..ASM, CSR, WL AKL club POP
8 18 As sports, Pop
DL 9-19
DVC WL, CSR and idk 10-20
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Ntsb
First of all, I am saddened to hear of the monorail accident at WDW and of the death of a cast member. My condolences to his family.
I am happy to hear OSHA and especially happy to hear the NTSB is investigating the accident. They are doing so to protect the future safety of WDW guests and cast members. No matter how well an organization is run, there is always room for improvement, and I hope the investigations and any findings only serve to prevent any future accidents.
With this said, I am puzzled to hear there is shock and displeasure about the NTSB getting involved. Let me offer you some thoughts:
I have not yet hear anyone criticize OSHA for getting involved. If I were (hypothetically) a greedy corporate executive running a shady company, I think I would rather be investigated by the NTSB than OSHA. OSHA can fine me. OSHA can force me to change my business. OSHA might even be able to shut me down. In contrast, the NTSB cannot arrest anyone, cannot mandate a change in behavior, cannot levy fines, cannot shut down a business. NTSB findings cannot be used as evidence in criminal court. Yes, the NTSB can hold press conferences and write about the accident, but that is the worst they can do.
In the aviation world, the NTSB acts as an appeals court and can overturn FAA punishments, reinstate licenses revoked by the FAA, and the like if the punishment is judged unfair, unwarranted, or too severe. Thus, it is a good thing to have the NTSB get involved.
The NTSB has jurisdiction to investigate any transportation accident. Transportation can be via aircraft (plane, helicopter, balloon, or blimp), train, ship, car, truck, or pipeline. The transportation can be of people OR cargo. An accident is an event where the transportation vehicle is substantially damaged and/or one or more people is killed (whether employee or passenger does not matter, whether the deceased was or was not on/in the accident vehicle does not matter). At WDW, there was a death and thus there was an accident.
The NTSB has been investigating subway/trolley/light rail accidents as types of railroad. In fact, the NTSB web site talks of current investigations of both the Boston and Washington D.C. subway systems. I have no trouble saying a monorail system is as much of a railroad as a subway.
The NTSB commonly investigates accidents of privately owned vehicles not transporting paying passengers. The NTSB investigated the JFK Jr. plane crash even though that was a private plane used for a private flight. I don't remember anyone complaining about the NTSB getting involved then.
The NTSB certainly can and does commonly investigate accidents occurring on private property. Most railroads own the land under their tracks (these are "right of ways"). The same can be said for pipelines. Thus, an NTSB investigation on WDW land is no different than investigating a train accident on land owned by railroads like CSX, FEC (Florida East Coast), Union Pacific, etc.
The NTSB can be prevented from investigating accidents outside of the USA. WDW is governed by the Reedy Creek Improvement District, but that is still part of the USA.
The NTSB is only pushed aside for criminal investigations, acts of terrorism, acts of war, etc. Letting the NTSB take the lead could be seen as an indication that this being treated as an accident and not as a criminal event.
WDW could, in theory, try to argue that the monorail system is an amusement park or fair ride and not a transportation system. But, after calling it their "highway in the sky" and using other like names, I think WDW would look foolish to call it anything but a mode of transportation.
End of rant. Thank you for those that read all of this.
For the record, I am not, nor have I ever been an employee of the NTSB. Nor have I ever been investigated by, or participated in an investigation by the NTSB.
I have used the contents of NTSB reports at work, however.
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Frankly, I'm not really surprised at all with the involvement of the NTSB, in fact that was one of the first thing I thought of when I first heard of this. And like others have mentioned, I'm not really sure why there would be concern about the NTSB involvement.
Disney needs to take every step possible to discover the cause and take necessary steps to improve the system safety so as to prevent this situation from ever occuring again. They have to concern themselves with both the safety of passengers and cast members as well as avoiding liability issues.
I would not be the least bit surprised if Disney welcomed, or perhaps even invited the NTSB to assist in the investigation.
Marker from MO
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