While the NTSB sought to determine if the engineer of a Metrolink commuter train was text messaging before a crash with a Union Pacific freight train, the head of the California Public Utilities Commission said he would seek an emergency ban of cell phone use by California train operators. 25 people were killed in the accident.

There is, as yet, no evidence --- except for statements by two teenagers, who say they were texting with the engineer up to a minute prior to the crash --- that the engineer was text messaging prior to the crash. It is true, however, that he ran a stop signal before the crash, and investigators said on Tuesday that the signals were operating properly at the time.

In a press release, Michael Peevey, president of the California Public Utilities Commission said:

“On behalf of the CPUC, I would like to express our condolences to the family and friends of those involved in the Metrolink accident. The CPUC is the principal state agency for rail safety and we are leaving no stone unturned in our investigation of this accident, including interviewing the former spokesperson for Metrolink who resigned from the agency, allegedly after her candor in assessing responsibility for the accident was questioned by her superiors. Further, I will ask my fellow Commissioners on Thursday to approve an emergency order prohibiting the personal use of cellular communication devices while operating a freight or passenger train anywhere in California. Some railroad operators may have policies prohibiting the personal use of such devices, but they’re widely ignored. Our order would make it the law and we’ll go after violators. We owe it to the public.”

At the same time, Peevey said that he will ask the Federal Railroad Administration (FRA) to require Automatic Train Stop (ATS) systems immediately on all freight and passenger trains that share tracks in California. With ATS installed, trains automatically stop when required at signals.

The NTSB has requested the engineer's cell phone records from Verizon Wireless, and has given Verizon five days to respond. The Coroner's Office has identified the engineer as Robert Martin Sanchez, 46, of La Crescenta.

While only four states have banned texting while driving (Alaska, Minnesota, New Jersey and Washington), 16 other states are considering such a ban, and in August the California Legislature sent Gov. Arnold Schwarzenegger a bill that would outlaw texting while driving.