[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR212.223]



[Page 90]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 212_STATE SAFETY PARTICIPATION REGULATIONS--Table of Contents

 

                  Subpart C_State Inspection Personnel

 

Sec. 212.223  Operating practices compliance inspector.



    (a) The operating practices compliance inspector is required, at a 

minimum, to be able to conduct independent inspections for the purpose 

of determining compliance with the requirements of the following:

    (1) Operating Rules--blue flag (49 CFR part 218);

    (2) Control of Alcohol and Drug Use (49 CFR part 219);

    (3) Rear End Marking Device Regulations (49 CFR part 221);

    (4) Railroad accidents/incidents: reports classification and 

investigations (49 CFR part 225); and

    (5) Hours of Service Act (45 U.S.C. 61-64b) and implementing 

regulations (49 CFR part 228); to make reports of those inspections and 

to recommend the institution of enforcement actions when appropriate to 

promote compliance.

    (b) The operating practices compliance inspector is required, at a 

minimum, to have at least two years of recent experience in developing 

or administering railroad operating rules. Successful completion of the 

apprentice training program may be substituted for the two year 

experience requirement.

    (c) The compliance inspector shall demonstrate the following 

specific qualifications.

    (1) A basic knowledge of railroad operations, duties of railroad 

employees and general railroad safety as it relates to the protection of 

railroad employees;

    (2) A basic knowledge of railroad rules and practices;

    (3) The ability to understand and detect deviations from the 

requirements cited in paragraph (a) of this section; and

    (4) Specialized knowledge of the requirements of the Federal 

operating practices regulations listed in paragraph (a) of this section, 

including the remedial action required to bring defective conditions 

into compliance with the applicable Federal standards.



[47 FR 41051, Sept. 16, 1982, as amended at 50 FR 31578, Aug. 2, 1985]