[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: 49CFR240.305]

[Page 648-649]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table of Contents
 
         Subpart D--Administration of the Certification Programs
 
Sec. 240.305  Prohibited conduct.

    After December 31, 1991,
    (a) It shall be unlawful to:
    (1) Operate a locomotive or train past a signal indication, 
excluding a hand or a radio signal indication or a switch, that requires 
a complete stop before passing it; or
    (2) Operate a locomotive or train at a speed which exceeds the 
maximum authorized limit by at least 10 miles per hour. Where restricted 
speed is in effect, only those violations of the conditional clause of 
restricted speed rules (i.e., the clause that requires stopping within 
one half of the locomotive engineer's range of vision), or the 
operational equivalent thereof, which cause reportable accidents or 
incidents under part 225 of this chapter, shall be considered instances 
of failure to adhere to this section; or
    (3) Operate a locomotive or train without adhering to procedures for 
the safe use of train or engine brakes when the procedures are required 
for compliance with the initial terminal, intermediate terminal, or 
transfer train and yard test provisions of 49 CFR part 232

[[Page 649]]

or when the procedures are required for compliance with the class 1, 
class 1A, class II, or running brake test provisions of 49 CFR part 238;
    (4) Fail to comply with any mandatory directive concerning the 
movement of a locomotive or train by occupying main track or a segment 
of main track without proper authority or permission;
    (5) Fail to comply with prohibitions against tampering with 
locomotive mounted safety devices, or knowingly operate or permit to be 
operated a train with an unauthorized disabled safety device in the 
controlling locomotive. (See 49 CFR part 218, subpart D, and appendix C 
to part 218);
    (6) Be a Designated Supervisor of Locomotive Engineers, a certified 
locomotive engineer pilot or an instructor engineer who is monitoring, 
piloting or instructing a locomotive engineer and fails to take 
appropriate action to prevent a violation of paragraphs (a)(1) through 
(a)(5) of this section. Appropriate action does not mean that a 
supervisor, pilot or instructor must prevent a violation from occurring 
at all costs; the duty may be met by warning an engineer of a potential 
or foreseeable violation. A Designated Supervisor of Locomotive 
Engineers will not be held culpable under this section when this 
monitoring event is conducted as part of the railroad's operational 
compliance tests as defined in Secs. 217.9 and 240.303 of this chapter.
    (b) Each locomotive engineer who has received a certificate required 
under this part shall:
    (1) Have that certificate in his or her possession while on duty as 
an engineer; and
    (2) Display that certificate upon the receipt of a request to do so 
from
    (i) A representative of the Federal Railroad Administration,
    (ii) An officer of the issuing railroad, or
    (iii) An officer of another railroad when operating a locomotive or 
train in joint operations territory.
    (c) Any locomotive engineer who is notified or called to operate a 
locomotive or train and such operation would cause the locomotive 
engineer to exceed certificate limitations, set forth in accordance with 
subpart B of this part, shall immediately notify the railroad that he or 
she is not qualified to perform that anticipated service and it shall be 
unlawful for the railroad to require such service.
    (d) During the duration of any certification interval, a locomotive 
engineer who has a current certificate from more than one railroad shall 
immediately notify the other certifying railroad(s) if he or she is 
denied recertification by a railroad or has his or her certification 
revoked by a railroad.
    (e) Nothing in this section shall be deemed to alter a certified 
locomotive engineer's duty to comply with other provisions of this 
chapter concerning railroad safety.

[56 FR 28254, June 19, 1991, as amended at 58 FR 19004, Apr. 9, 1993; 64 
FR 60993, Nov. 8, 1999]