[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: 49CFR213.7]



[Page 95-96]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 213_TRACK SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 213.7  Designation of qualified persons to supervise certain 

renewals and inspect track.



    (a) Each track owner to which this part applies shall designate 

qualified persons to supervise restorations and renewals of track under 

traffic conditions. Each person designated shall have--

    (1) At least--

    (i) 1 year of supervisory experience in railroad track maintenance; 

or

    (ii) A combination of supervisory experience in track maintenance 

and training from a course in track maintenance or from a college level 

educational program related to track maintenance;

    (2) Demonstrated to the owner that he or she--

    (i) Knows and understands the requirements of this part;

    (ii) Can detect deviations from those requirements; and

    (iii) Can prescribe appropriate remedial action to correct or safely 

compensate for those deviations; and

    (3) Written authorization from the track owner to prescribe remedial 

actions to correct or safely compensate for deviations from the 

requirements in this part.

    (b) Each track owner to which this part applies shall designate 

qualified persons to inspect track for defects. Each person designated 

shall have--

    (1) At least--

    (i) 1 year of experience in railroad track inspection; or

    (ii) A combination of experience in track inspection and training 

from a course in track inspection or from a college level educational 

program related to track inspection;

    (2) Demonstrated to the owner that he or she--

    (i) Knows and understands the requirements of this part;

    (ii) Can detect deviations from those requirements; and

    (iii) Can prescribe appropriate remedial action to correct or safely 

compensate for those deviations; and

    (3) Written authorization from the track owner to prescribe remedial 

actions to correct or safely compensate for deviations from the 

requirements of this part, pending review by a qualified person 

designated under paragraph (a) of this section.

    (c) Persons not fully qualified to supervise certain renewals and 

inspect track as outlined in paragraphs (a) and (b) of this section, but 

with at least one year of maintenance-of-way or signal



[[Page 96]]



experience, may pass trains over broken rails and pull aparts provided 

that--

    (1) The track owner determines the person to be qualified and, as 

part of doing so, trains, examines, and re-examines the person 

periodically within two years after each prior examination on the 

following topics as they relate to the safe passage of trains over 

broken rails or pull aparts: rail defect identification, crosstie 

condition, track surface and alinement, gage restraint, rail end 

mismatch, joint bars, and maximum distance between rail ends over which 

trains may be allowed to pass. The sole purpose of the examination is to 

ascertain the person's ability to effectively apply these requirements 

and the examination may not be used to disqualify the person from other 

duties. A minimum of four hours training is adequate for initial 

training;

    (2) The person deems it safe and train speeds are limited to a 

maximum of 10 m.p.h. over the broken rail or pull apart;

    (3) The person shall watch all movements over the broken rail or 

pull apart and be prepared to stop the train if necessary; and

    (4) Person(s) fully qualified under Sec. 213.7 of this part are 

notified and dispatched to the location promptly for the purpose of 

authorizing movements and effecting temporary or permanent repairs.

    (d) With respect to designations under paragraphs (a), (b), and (c) 

of this section, each track owner shall maintain written records of--

    (1) Each designation in effect;

    (2) The basis for each designation; and

    (3) Track inspections made by each designated qualified person as 

required by Sec. 213.241. These records shall be kept available for 

inspection or copying by the Federal Railroad Administration during 

regular business hours.