[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.23]

[Page 267]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS
--Table of Contents
 
                    Subpart B_Use of Locomotive Horns
 
Sec. 222.23  How does this regulation affect sounding of a horn during 
an emergency or other situations?

    (a)(1) Notwithstanding any other provision of this part, a 
locomotive engineer may sound the locomotive horn to provide a warning 
to vehicle operators, pedestrians, trespassers or crews on other trains 
in an emergency situation if, in the locomotive engineer's sole 
judgment, such action is appropriate in order to prevent imminent 
injury, death or property damage.
    (2) Notwithstanding any other provision of this part, including 
provisions addressing the establishment of quiet zones, limits on the 
length of time in which a horn may be sounded, or installation of 
wayside horns within quiet zones, this part does not preclude the 
sounding of locomotive horns in emergency situations, nor does it impose 
a legal duty to sound the locomotive horn in such situations.
    (b) Nothing in this part restricts the use of the locomotive horn 
where active warning devices have malfunctioned and use of the horn is 
required by one of the following sections of this Chapter: Sec. Sec. 
234.105; 234.106; or 234.107, or where warning systems are temporarily 
out of service during inspection, maintenance, or testing. Nothing in 
this part restricts the use of the locomotive horn for purposes other 
than highway-rail crossing safety (e.g., to announce the approach of the 
train to roadway workers in accordance with a program adopted under part 
214 of this Chapter, or where required for other purposes under the 
railroad's operating rules).