[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: 49CFR240.111]

[Page 615-616]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table of Contents
 
       Subpart B--Component Elements of the Certification Process
 
Sec. 240.111  Individual's duty to furnish data on prior safety conduct as motor vehicle operator.

    (a) Except for initial certifications under paragraph (b), (h), or 
(i) of Sec. 240.201 or for persons covered by Sec. 240.109(h), each 
person seeking certification or recertification under this part shall, 
within 366 days preceding the date of the railroad's decision on 
certification or recertification:
    (1) Take the actions required by paragraphs (b) through (f) or 
paragraph (g) of this section to make information concerning his or her 
driving record

[[Page 616]]

available to the railroad that is considering such certification or 
recertification; and
    (2) Take any additional actions, including providing any necessary 
consent required by State or Federal law to make information concerning 
his or her driving record available to that railroad.
    (b) Each person seeking certification or recertification under this 
part shall:
    (1) Request, in writing, that the chief of each driver licensing 
agency identified in paragraph (c) of this section provide a copy of 
that agency's available information concerning his or her driving record 
to the railroad that is considering such certification or 
recertification; and
    (2) Request, in accordance with the provisions of paragraph (d) or 
(e) of this section, that a check of the National Driver Register be 
performed to identify additional information concerning his or her 
driving record and that any resulting information be provided to that 
railroad.
    (c) Each person shall request the information required under 
paragraph (b)(1) of this section from:
    (1) The chief of the driver licensing agency which last issued that 
person a driver's license; and
    (2) The chief of the driver licensing agency of any other state or 
states that issued or reissued him or her a driver's license within the 
preceding five years.
    (d) Each person shall request the information required under 
paragraph (b)(2) of this section from the Chief, National Driver 
Register, National Highway Traffic Safety Administration, 400 Seventh 
Street, SW., Washington, DC 20590 in accordance with the procedures 
contained in appendix C unless the person's motor vehicle driving 
license was issued by one of the driver licensing agencies identified in 
appendix D.
    (e) If the person's motor vehicle driving license was issued by one 
of the driver licensing agencies identified in appendix D, the person 
shall request the chief of that driver licensing agency to perform a 
check of the National Driver Register for the possible existence of 
additional information concerning his or her driving record and to 
provide the resulting information to the railroad.
    (f) If advised by the railroad that a driver licensing agency or the 
National Highway Traffic Safety Administration has informed the railroad 
that additional information concerning that person's driving history may 
exist in the files of a state agency not previously contacted in 
accordance with this section, such person shall:
    (1) Request in writing that the chief of the state agency which 
compiled the information provide a copy of the available information to 
the prospective certifying railroad; and
    (2) Take any additional action required by State or Federal law to 
obtain that additional information.
    (g) Any person who has never obtained a motor vehicle driving 
license is not required to comply with the provisions of paragraph (b) 
of this section but shall notify the railroad of that fact in accordance 
with procedures of the railroad that comply with Sec. 240.109(d).
    (h) Each certified locomotive engineer or person seeking initial 
certification shall report motor vehicle incidents described in 
Sec. 240.115 (b)(1) and (2) to the employing railroad within 48 hours of 
being convicted for, or completed state action to cancel, revoke, 
suspend, or deny a motor vehicle drivers license for, such violations. 
For the purposes of engineer certification, no railroad shall require 
reporting earlier than 48 hours after the conviction, or completed state 
action to cancel, revoke, or deny a motor vehicle drivers license.

[56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999]