A Metropolitan Atlanta Rapid Transit Authority (MARTA) train conductor was accused of using his cell phone and texting while operating a passenger train, according to JusticeNewsFlash.com.

The operator, Damien Whatley, was hired by MARTA in 2000 and became a train operator within the past two years. A transit customer reported Whatley to MARTA officials, claiming he was certain the train operator was not only holding his phone while driving the train, but also using it.

The MARTA rider used his own cell phone to take photos of Whatley texting and gave them to transit officials.

With such limited evidence against the employee, the maximum punishment MARTA could impose on Whatley was a three-day unpaid suspension. More evidence may become available in the accusation.

JusticeNewsFlash.com also reported that Atlanta is not the only city to experience problems with transit employees using their cell phones on the job and causing public transportation accidents. Within the last 12 months, vehicles in both Boston and California have crashed because the transit operator was text messaging on a cell phone.

According to the New York Times, Boston’s Transit Authority banned transit operators from carrying cell phones during their shifts after the texting trolley crash resulted in nearly 50 injured transit customers.

The ban also follows the fatal California commuter train crash that killed 35 people and left more than 100 passengers injured.

No national cell phone ban for public transportation workers has been suggested or implemented, though such laws for government employees as well as private citizens are being put in place in cities nationwide. Personal injury lawyers can help if you are a victim of a public transit accident.