[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR232.9]

[Page 444]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 232--BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table of Contents
 
                           Subpart A--General
 
Sec. 232.9  Responsibility for compliance.

    (a) A railroad subject to this part shall not use, haul, permit to 
be used or hauled on its line, offer in interchange, or accept in 
interchange any train, railroad car, or locomotive with one or more 
conditions not in compliance with this part; however, a railroad shall 
not be liable for a civil penalty for such action if such action is in 
accordance with Sec. 232.15. For purposes of this part, a train, 
railroad car, or locomotive will be considered in use prior to departure 
but after it has received, or should have received, the inspection 
required for movement and is deemed ready for service.
    (b) Although many of the requirements of this part are stated in 
terms of the duties of a railroad, when any person performs any function 
required by this part, that person (whether or not a railroad) is 
required to perform that function in accordance with this part.
    (c) Any person performing any function or task required by this part 
shall be deemed to have consented to FRA inspection of the person's 
operation to the extent necessary to determine whether the function or 
task is being performed in accordance with the requirements of this 
part.