Re: Indian Pacific hits freight train - Who's the Responsible Investigating body?

[James Robinson <NOSPAM@ERIE.NET>]

Grahame Ferguson wrote:

> In the US, the National Transportation Safety Board (NTSB) is the Authority
> given the power to investigate, prosecute, and enforce the necessary
> changes.  The NTSB is a part of the Federal Department of Transport, and
> acts independently of any railroad operator or owner.

There is a misconception of the role of the US NTSB.  It is strictly an
independent investigating body, and down not have any authority to
prosecute or enforce any regulations.  It is also not a part of the
Federal Department of Transportation, which does have the authority to
create regulations and enforce them.  

The NTSB only has the authority to investigate accidents and safety
issues, and report on their findings.  It has been given extensive
powers to accomplish that role, similar to that of the courts of law,
such as the power of detention, search and seizure, and the power of
requiring testimony under oath.  Beyond that, their power over the modal
regulators and operators is strictly limited to their influence from the
publication of their findings.  It is intended that it be an
investigating body independent of both the regulators and the operating
companies.

The Department of Transportation is the regulatory body that can create
regulations, inspect the operations of transport companies, and enforce
the regulations through fines or by initiating criminal prosecution. 
The DOT actually has no authority to investigate accidents.

The Canadian Transportation Accident Investigation and Safety Board has
been set up under a similar framework to the US NTSB.