"I heard a report that an engineer on the other train was also texting, but was not "in control" of the locomotive. Apparently using any communications device in the cab, besides the radio, is a no-no."
Cellphones are certainly forbidden NOW, but they weren't at the time.
The engineer operates the train while it is moving. The conductor operates the radio to talk to Ft. Worth dispatch, does the paperwork, and handles the worl that needs to be done on the ground (separating cars, checking air, etc). If that train was moving, that engineer WAS in control. Period.
I've had a few of the younger RR crew members get into my van without a word, pull out their electronic toys the moment they've fastened their seatbelt, ride two hours without saying a word, then get out without saying a word, grab their gear and go.
Sue