Labay, John Elias M.
March 21, 2019
ME52FA2 Engr. Alan Padilla
ENGINEERING CASE:
The Bay Area Rapid Transit (BART) Case. BART went into service in 1972. Holger Hjortsvang, a
mechanical engineer, and Max Blankenzee, a programmer analyst, became concerned that there was no
systems engineering group to oversee the development of the control and propulsion systems. When they
communicated these concerns to management, both orally and in writing, they were told not to make trouble.
At approximately the same time, an electrical engineer, Robert Bruder, reported inadequate work on the
installation and testing of control and communications equipment. In November of 1971, the three engineers
presented their concerns in a confidential way to Daniel Helix, a member of the BART board of directors.
When BART managers identified the three engineers, they were fired.
On October 2, 1972, 3 weeks after BART began carrying passengers, one of the BART trains
crashed at the Fremont station due to a short circuit in a transistor. Fortunately, there were no deaths and
only a few injuries. The three engineers finally won out-of-court settlements, although their careers were
disrupted for almost 2 years but their license remained at their names --- no suspensions of licenses
happened and no penalties were charged. The case generated legal precedents that have been used in
subsequent cases, and it had a major impact on the development of engineering ethics.
MECHANICAL ENGINEERING ACT JURISDICTION:
Article III, Section 25. Non-issuance of Certificate for Certain Grounds.
The Board shall not issue a certificate of registration to any person convicted by court of competent
jurisdiction of any crime involving moral turpitude, or immoral or dishonorable conduct or any person of
unsound mind declared by a court of competent jurisdiction, furnishing the party concerned a written
statement containing the reasons for such action, which statement shall be incorporated in the records of
the Board.
Article III, Section 26. Revocation and Suspension of Certificate
The Board shall have the power, upon proper notice and hearing, to suspend or revoke any certificate of
registration of any registrant for any cause specified in the preceding section, or for the use in whatever way
of any fraud or deceit in obtaining a certificate of registration, or for gross negligence or incompetence or for
unprofessional or dishonorable conduct and for violation of the code of ethics for mechanical engineers and
certified plant mechanics: Provided, That the action of the Board shall be subject to appeal to the Commission
within fifteen (15) days from notice, whose decision on the matter shall be final.
Article III, Section 27. Grounds for Suspension and Revocation of Licenses.
The Board shall have the power, upon due notice and hearing, to revoke or suspend the license of mechanical
engineers, or to cancel a temporary/special permit for any cause specified in the preceding sections, including
but not limited to: the use or perpetuation of any fraud or deceit in obtaining a certificate of registration, or for
incompetence, negligence, or for abatement of the illegal practice of mechanical engineering, violation of the
provisions of this Act, its implementing Rules and Regulations and/or violations of Policies of the Board
including the Code of Ethics for Mechanical Engineering: Provide, however, That such action of the Board
shall be subject to appeal without prejudice to the right of the aggrieved party to apply with the proper
Regional Trial Court for appropriate relief.
Article V. Section 42. Penalties
In addition to the administrative sanctions imposed under this Act any person who violates any of the
provisions of this Act and its rules and regulations shall, upon conviction be penalized by a fine of not less
than Fifty thousand pesos (P50,000.00) nor more than Two hundred thousand pesos (P200,000.00), or
imprisonment of not less than six (6) months nor more than three (3) years, or both fine and imprisonment at
the discretion of the court.
