[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: 49CFR238.305]

[Page 611-612]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents
 
 Subpart D_Inspection, Testing, and Maintenance Requirements for Tier I 
                           Passenger Equipment
 
Sec. 238.305  Interior calendar day mechanical inspection of passenger 
cars.

    (a) Except as provided in paragraph (d) of this section, each 
passenger car shall receive an interior mechanical inspection at least 
once each calendar day that it is placed in service.
    (b) The interior calendar day mechanical inspection shall be 
performed by a qualified person or a qualified maintenance person.
    (c) As part of the interior calendar day mechanical inspection, the 
railroad shall verify conformity with the following conditions, and 
nonconformity with any such condition renders the car defective whenever 
discovered in service, except as provided in paragraphs (c)(5) through 
(c)(10), and paragraph (d) of this section:
    (1) All fan openings, exposed gears and pinions, exposed moving 
parts of mechanisms, pipes carrying hot gases and high-voltage 
equipment, switches, circuit breakers, contactors, relays, grid 
resistors, and fuses are installed in non-hazardous locations or 
equipped with guards to prevent personal injury.
    (2) Floors of passageways and compartments are free from oil, water, 
waste, or any obstruction that creates a slipping, tripping, or fire 
hazard, and floors are properly treated to provide secure footing.
    (3) All D rings, pull handles, or other means to access manual door 
releases are in place based on a visual inspection.
    (4) All emergency equipment, including a fire extinguisher, pry bar, 
auxiliary portable lighting, and first aid kits, as applicable, are in 
place.
    (5) The words ``Emergency Brake Valve'' are legibly stenciled or 
marked near each brake pipe valve or shown on an adjacent badge plate.
    (6) All doors and cover plates guarding high voltage equipment are 
marked ``Danger--High Voltage'' or with the word ``Danger'' and the 
normal voltage carried by the parts so protected.
    (7) All safety-related signage is in place and legible.
    (8) All trap doors safely operate and securely latch in place in 
both the up and down position. A non-complying car may continue in 
passenger service

[[Page 612]]

pursuant to paragraph (d) of this section, if the trap door can be 
secured by locking out the door for which it is used.
    (9) All vestibule steps are illuminated. A non-complying car may 
continue in passenger service pursuant to paragraph (d) of this section, 
if the car will be used solely in high-platform service.
    (10) All end doors and side doors operate safely and as intended. A 
non-complying car may continue in passenger service pursuant to 
paragraph (d) of this section, if at least one operative and accessible 
door is available on each side of the car; and a notice is prominently 
displayed directly on the defective door indicating that the door is 
defective.
    (d) Any passenger car found not to be in compliance with the 
requirements contained in paragraphs (c)(5) through (c)(10) of this 
section at the time of its interior calendar day mechanical inspection 
may remain in passenger service until the car's next interior calendar 
day mechanical inspection where it must be repaired or removed from 
passenger service; provided, all of the specific conditions contained in 
paragraphs (c)(8) through (c)(10) of this section are met and all of the 
following requirements are met:
    (1) A qualified person or a qualified maintenance person determines 
that the repairs necessary to bring the car into compliance cannot be 
performed at the time that the current day's interior mechanical 
inspection is conducted;
    (2) A qualified person or a qualified maintenance person determines 
that it is safe to move the equipment in passenger service; and
    (3) A record is maintained of the non-complying condition with the 
date and time that the condition was first discovered.
    (e) A long-distance intercity passenger train that misses a 
scheduled calendar day interior mechanical inspection due to a delay en 
route may continue in service to the location where the inspection was 
scheduled to be performed. At that point, an interior calendar day 
mechanical inspection shall be performed prior to returning the 
equipment to service.
    (f) Records. A record shall be maintained of each interior calendar 
day mechanical inspection performed.
    (1) This record may be maintained in writing or electronically 
provided FRA has access to the record upon request.
    (2) The written or electronic record must contain the following 
information:
    (i) The identification number of the unit;
    (ii) The place, date, and time of the inspection;
    (iii) Any non-complying conditions found; and
    (iv) The signature or electronic identification of the inspector.
    (3) This record may be part of a single master report covering an 
entire group of cars and equipment.
    (4) This record shall be maintained at the place where the 
inspection is conducted or at one central location and shall be retained 
for at least 92 days.

[64 FR 25660, May 12, 1999, as amended at 65 FR 41308, July 3, 2000]