The driver was cited and fined $136 by a Washington State Patrol trooper.
Ronnie Paul Hobgood had already been convicted of intoxication manslaughter, but was back on the road.
Chun Man Tse's family and some elected officials are calling for murder charges after the fatal encounter in Queens.
Residents pulled the men out of the wreckage and put out the flames using garden hoses.
The train derailed just after midnight in southwestern Kansas.
Passengers complained about two women blaring music on a boombox. The two responded by holding the boombox up in the air.
The train derailed about a half-hour away from San Jose on Monday night.
No passengers were hurt, but their belongings were incinerated.
The agreement would let commercial flights resume for the first time in more than 50 years.
One official called it "very unusual ... a sinkhole of a magnitude that we don’t see but once every couple decades."