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:: Saturday, November 21st, 2009Police and Fire News
The latest local police and fire newsJeffrey A. Daluz arrested for BUI; Shuttle bus caught by railroad crossing gate
Man arrested for taking his boat into a fireworks zone, 7th OUI arrest
Jeffrey A. Daluz had already lost his license for life
Daluz and boat. Photos courtesy of Yarmouth Police
YARMOUTH - According to the Yarmouth Police Department, 53-year-old Jeffrey A. Daluz drove his boat into a firework display area security zone in the Lewis Bay area of West Yarmouth. Officers from the Yarmouth Division of Natural Resources stopped the boat and gave Daluz a series of field sobriety tests after noticing several signs of intoxication. Police then took him into custody for operating a boat under the influence of alcohol.
Daluz had been arrested at least seven times in the past for OUI and had five convictions. Due to the prior convictions, Daluz's Massachusetts operator's license has been revoked for life. Daluz was held at the Yarmouth police station on a $5,000 bail over the weekend, and he will be arraigned Monday charged with a felony boating OUI liquor 5th offense. The charge is the highest OUI charge recognized in Massachusetts.
[This report was sent to cc2day by blogger Jon Mayo.]
HYANNIS - When I approached the intersection I noticed that the lights and bells were activated, the Westbound gate( toward the Airport Rotary) was down, and it appeared that the eastbound gate( toward Yarmouth) had closed atop the shuttle bus and had broke off. Whether the driver proceeded improperly, or was stuck in that location when the gate closed is unclear.
I noticed a CC Railroad employee exiting the train and presumably summoning help on his radio. It did not appear that there were injuries. (Photos by Jon Mayo.)
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"A. Special provisions govern buses carrying passengers.
- Under 49 C.F.R. sec. 392.10, the operators of such vehicles shall not cross railroad tracks at grade unless they first: 1) stop their vehicles within 50 feet of, and not closer than 15 feet to, the tracks, 2) thereafter listen and look in each direction along the tracks for an approaching train, 3) ascertain that no train is in fact approaching. When it is safe to do so, the vehicle may be driven across the tracks in a gear which permits it to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks."
http://www.bz-law.com/railroad_crossing.htm
The way the statute reads to me, a bus may only cross when it's safe to "complete the crossing". in other words, that bus would need to have an available place to go in order to cross safely as required by Federal Law. Merely pulling onto the tracks does not seem to fit the bill, IMHO.
I may be wrong.
We shall see.
Passenger vehicles sare not bound that same rule.
Incidentally, the statute does say "across the tracks" not "onto the tracks".
I'd say the law is pretty clear.
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