[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR230.12]

[Page 323]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS--Table of Contents
 
                           Subpart A--General
 
Sec. 230.12  Movement of non-complying steam locomotives.

    (a) General limitations on movement. A steam locomotive with one or 
more non-complying conditions may be moved only as a lite steam 
locomotive or a steam locomotive in tow, except as provided in paragraph 
(b) of this section. Cars essential to the movement of the steam 
locomotive and tender(s), including tool cars and a bunk car, may 
accompany lite movements.
    (b) Conditions for movement. Prior to movement, the steam locomotive 
owner and/or operator shall determine that it is safe to move the 
locomotive, determine the maximum speed and other restrictions necessary 
for safely conducting the movement, and notify in writing the engineer 
in charge of the defective steam locomotive and, if towed, the engineer 
in charge of the towing locomotive consist, as well as all other crew 
members in the cabs, of the presence of the non-complying steam 
locomotive and the maximum speed and other movement restrictions. In 
addition, a tag bearing the words ``non-complying locomotive'' shall be 
securely attached to each defective steam locomotive and shall contain 
the following information:
    (1) The steam locomotive number;
    (2) The name of the inspecting entity;
    (3) The inspection location and date;
    (4) The nature of the defect;
    (5) Movement restrictions, if any;
    (6) The destination; and
    (7) The signature of the person making the determinations required 
by this paragraph (b).
    (c) Yard movements. A non-complying steam locomotive may be moved 
lite or dead within a yard at speeds not in excess of 10 miles per hour 
without meeting the requirements of paragraph (b) of this section if the 
movement is solely for the purpose of repair. The locomotive owner and/
or operator is responsible for ensuring that the movement may be safely 
made.
    (d) Non-complying conditions developed en route. The locomotive 
owner and/or operator may continue in use a steam locomotive that 
develops a non-complying condition en route until the next daily 
inspection or the nearest forward point where the repairs necessary to 
bring it into compliance can be made, whichever is earlier. Before 
continuing en route, the steam locomotive owner and/or operator shall 
determine that it is safe to move the steam locomotive, determine the 
maximum speed and other restrictions necessary for safely conducting the 
movement, and notify in writing the engineer in charge of the defective 
steam locomotive and, if towed, the engineer in charge of the towing 
steam locomotive consist, as well as all other crew members in the cabs, 
of the presence of the non-complying steam locomotive and the maximum 
speed and other movement restrictions.
    (e) Special notice for repair. Nothing in this section authorizes 
the movement of a steam locomotive subject to a Special Notice for 
Repair unless the movement is made in accordance with the restrictions 
contained in the Special Notice.