[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: 49CFR214.321]



[Page 156-157]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 214_RAILROAD WORKPLACE SAFETY--Table of Contents

 

                   Subpart C_Roadway Worker Protection

 

Sec. 214.321  Exclusive track occupancy.



    Working limits established on controlled track through the use of 

exclusive track occupancy procedures shall comply with the following 

requirements:

    (a) The track within working limits shall be placed under the 

control of one roadway worker by either:

    (1) Authority issued to the roadway worker in charge by the train 

dispatcher or control operator who controls train movements on that 

track,

    (2) Flagmen stationed at each entrance to the track within working 

limits and instructed by the roadway worker in charge to permit the 

movement of trains and equipment into the working limits only as 

permitted by the roadway worker in charge, or

    (3) The roadway worker in charge causing fixed signals at each 

entrance to the working limits to display an aspect indicating ``Stop.''

    (b) An authority for exclusive track occupancy given to the roadway 

worker in charge of the working limits shall be transmitted on a written 

or printed document directly, by relay through a designated employee, in 

a data transmission, or by oral communication, to the roadway worker by 

the train dispatcher or control operator in charge of the track.

    (1) Where authority for exclusive track occupancy is transmitted 

orally, the authority shall be written as received by the roadway worker 

in charge and repeated to the issuing employee for verification.

    (2) The roadway worker in charge of the working limits shall 

maintain possession of the written or printed authority for exclusive 

track occupancy while the authority for the working limits is in effect.

    (3) The train dispatcher or control operator in charge of the track 

shall make a written or electronic record of all authorities issued to 

establish exclusive track occupancy.

    (c) The extent of working limits established through exclusive track 

occupancy shall be defined by one of the following physical features 

clearly identifiable to a locomotive engineer or other person operating 

a train or railroad equipment:

    (1) A flagman with instructions and capability to hold all trains 

and equipment clear of the working limits;

    (2) A fixed signal that displays an aspect indicating ``Stop'';

    (3) A station shown in the time-table, and identified by name with a 

sign, beyond which train movement is prohibited by train movement 

authority or the provisions of a direct train control system.

    (4) A clearly identifiable milepost sign beyond which train movement 

is prohibited by train movement authority or the provisions of a direct 

train control system; or

    (5) A clearly identifiable physical location prescribed by the 

operating



[[Page 157]]



rules of the railroad that trains may not pass without proper authority.

    (d) Movements of trains and roadway maintenance machines within 

working limits established through exclusive track occupancy shall be 

made only under the direction of the roadway worker having control over 

the working limits. Such movements shall be restricted speed unless a 

higher speed has been specifically authorized by the roadway worker in 

charge of the working limits.