So, in their lawsuit, a DUI is equated with an active substance abuse disorder.Two national railroad unions sued New Jersey on Monday over a law that forbids engineers from operating trains if they have had their motor vehicle driver's license revoked or suspended for drunken driving.
The federal lawsuit, filed in Trenton, said federal railroad laws already cover such circumstances and the state law is unnecessary.
According to the lawsuit, federal law already requires railroads to consider an engineer's driving record when making certification decisions and bars those with active substance abuse disorders from being certified.
The lawsuit said federal laws also outline what steps to take for re-certification and continued employment once an engineer has had his or her driver's license suspended or revoked.
The reason for the law? This guy:
He is responsible for getting thousands of rail commuters to work every week, but the state of New Jersey says he's unsafe behind the wheel of a car.
He's a New Jersey Transit Engineer and even though he lost his driver's license for DWI-related issues, he is legally able to drive a train.
In 1995, Broschart's license is suspended for two years for failing to take a breathalyzer test. Four years later, his license was suspended for one year for DWI. In 2001, the state suspends Broschart's license for the third time for failure to comply with a mandatory alcohol program. Then in 2007, he again refuses to take a breathalyzer, this time the state had enough and suspended his license for 10 years.
"You don't need a driver's license. One has nothing to do with the other," Broschart said.
And he's right, federal regulations do not require a motor vehicle driver's license to operate a locomotive.
[New Jersey Transit spokeswoman Nancy] Snyder said Thomas Broschart, the engineer whose driving record sparked the state law, is still employed by NJ Transit but is not currently driving trains.