[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: 49CFR238.317]

[Page 618-619]
 
                        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. 238.317  Class II brake test.

    (a) A Class II brake test shall be performed on a passenger train 
when any of the following events occurs:
    (1) Whenever the control stand used to control the train is changed; 
except if the control stand is changed to facilitate the movement of a 
passenger train from one track to another within a terminal complex 
while not in passenger service. In these circumstances, a Class II brake 
test shall be performed prior to the train's departure from the terminal 
complex with passengers;
    (2) Prior to the first morning departure of each commuter or short-
distance intercity passenger train where a Class I brake test remains 
valid as provided in Sec. 238.315(a)(1);
    (3) When previously tested units (i.e., cars that received a Class I 
brake test within the previous calendar day and have not been 
disconnected from a source of compressed air for more than four hours) 
are added to the train;
    (4) When cars or equipment are removed from the train; and
    (5) When an operator first takes charge of the train, except for 
face-to-face relief.
    (b) A Class II brake test shall be performed by a qualified person 
or a qualified maintenance person.
    (c) Except as provided in Sec. 238.15, a railroad shall not use or 
haul a passenger train in passenger service from a terminal or yard 
where a Class II brake test has been performed, or was required by this 
part to have been performed, with any of the brakes cut-out, 
inoperative, or defective.

[[Page 619]]

    (d) In performing a Class II brake test on a train, a railroad shall 
determine that:
    (1) The brakes on the rear unit of the train apply and release in 
response to a signal from the engineer's brake valve or controller of 
the leading or controlling unit, or a gauge or similar device located at 
the rear of the train or in the cab of the rear unit indicates that 
brake pipe pressure changes are properly communicated at the rear of the 
train;
    (2) For MU locomotives that utilize an electric signal to 
communicate a service brake application and only a pneumatic signal to 
propagate an emergency brake application, the emergency brake 
application functions as intended.
    (3) The communicating signal system is tested and known to be 
operating as intended; a tested and operating two-way radio system meets 
this requirement.

[64 FR 25660, May 12, 1999, as amended at 65 FR 41310, July 3, 2000; 67 
FR 19991, Apr. 23, 2002]