[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: 49CFR234.5]

[Page 485-486]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 234--GRADE CROSSING SIGNAL SYSTEM SAFETY--Table of Contents
 
                           Subpart A--General
 
Sec. 234.5  Definitions.

    As used in this part:
    Activation failure means the failure of an active highway-rail grade 
crossing warning system to indicate the approach of a train at least 20 
seconds prior to the train's arrival at the crossing, or to indicate the 
presence of a train occupying the crossing, unless the crossing is 
provided with an alternative means of active warning to highway users of 
approaching trains. (This failure indicates to the motorist

[[Page 486]]

that it is safe to proceed across the railroad tracks when, in fact, it 
is not safe to do so.) A grade crossing signal system does not indicate 
the approach of a train within the meaning of this paragraph if--more 
than 50% of the flashing lights (not gate arm lights) on any approach 
lane to the crossing are not functioning as intended, or in the case of 
an approach lane for which two or more pairs of flashing lights are 
provided, there is not at least one flashing light pair operating as 
intended. Back lights on the far side of the crossing are not considered 
in making these determinations.
    Appropriately equipped flagger means a person other than a train 
crewmember who is equipped with a vest, shirt, or jacket of a color 
appropriate for daytime flagging such as orange, yellow, strong yellow 
green or fluorescent versions of these colors or other generally 
accepted high visibility colors. For nighttime flagging, similar outside 
garments shall be retro reflective. Acceptable hand signal devices for 
daytime flagging include `` STOP/SLOW'' paddles or red flags. For 
nighttime flagging, a flashlight, lantern, or other lighted signal shall 
be used. Inasmuch as Part VI of the Federal Highway Administration's 
Manual on Uniform Traffic Control Devices addresses standards and guides 
for flaggers and flagging equipment for highway traffic control, FRA 
recommends that railroads be aware of the standards and follow them to 
the greatest extent possible. Copies of the latest MUTCD provisions 
regarding flagging will be available from FRA, as well as FMCSA, as 
changes are made in this area.
    Credible report of system malfunction means specific information 
regarding a malfunction at an identified highway-rail crossing, supplied 
by a railroad employee, law enforcement officer, highway traffic 
official, or other employee of a public agency acting in an official 
capacity.
    False activation means the activation of a highway-rail grade 
crossing warning system caused by a condition that requires correction 
or repair of the grade crossing warning system. (This failure indicates 
to the motorist that it is not safe to cross the railroad tracks when, 
in fact, it is safe to do so.)
    Highway-rail grade crossing means a location where a public highway, 
road, street, or private roadway, including associated sidewalks and 
pathways, crosses one or more railroad tracks at grade.
    Partial activation means activation of a highway-rail grade crossing 
warning system indicating the approach of a train, however, the full 
intended warning is not provided due to one of the following conditions:
    (1) At non-gated crossings equipped with one pair of lights designed 
to flash alternately, one of the two lights does not operate properly 
(and approaching motorists can not clearly see flashing back lights from 
the warning lights on the other side of the crossing);
    (2) At gated crossings, the gate arm is not in a horizontal 
position; or
    (3) At gated crossings, any portion of a gate arm is missing if that 
portion normally had a gate arm flashing light attached.
    Train means one or more locomotives, with or without cars.
    Warning system malfunction means an activation failure, a partial 
activation, or a false activation of a highway-rail grade crossing 
warning system.