[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: 49CFR240.303]

[Page 687]
 
                        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. 240.303  Operational monitoring requirements.

    (a) After December 31, 1991, each railroad to which this part 
applies shall, prior to FRA approval of its program in accordance with 
Sec. 240.201, have a program to monitor the conduct of its certified 
locomotive engineers by performing both operational monitoring 
observations and by conducting unannounced operating rules compliance 
tests.
    (b) The program shall be conducted so that each locomotive engineer 
shall be given at least one operational monitoring observation by a 
qualified supervisor of locomotive engineers in each calendar year.
    (c) The program shall be conducted so that each locomotive engineer 
shall be given at least one unannounced compliance test each calendar 
year.
    (d) The unannounced test program shall:
    (1) Test engineer compliance with one or more provisions of the 
railroad's operating rules that require response to signals that display 
less than a ``clear'' aspect, if the railroad operates with a signal 
system that must comply with part 236 of this chapter;
    (2) Test engineer compliance with one or more provisions of the 
railroad's operating rules, timetable or other mandatory directives that 
require affirmative response by the locomotive engineer to less 
favorable conditions than that which existed prior to initiation of the 
test;
    (3) Test engineer compliance with provisions of the railroad's 
operating rules, timetable or other mandatory directives the violations 
of which by engineers were cited by the railroad as the cause of train 
accidents or train incidents in accident reports filed in compliance 
with part 225 of this chapter for the preceding year;
    (4) Be conducted that so that the administration of these tests is 
effectively distributed throughout whatever portion of a 24-hour day 
that the railroad conducts its operations;
    (5) Be conducted so that individual tests are administered without 
prior notice to the locomotive engineer being tested; and
    (6) Be conducted so that the results of the test are recorded on the 
certificate and entered on the record established under Sec. 240.215 
within 30 days of the day the test is administered.