[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: 49CFR214.331]



[Page 158-159]

 

                        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. 214.331  Definite train location.



    A roadway worker may establish on-track safety by using definite 

train location only where permitted by and in accordance with the 

following provisions:

    (a) A Class I railroad or a commuter railroad may only use definite 

train location to establish on-track safety at points where such 

procedures were in use on January 15, 1997.

    (b) Each Class I or commuter railroad shall include in its on-track 

safety program for approval by FRA in accordance with Sec. 214.307 of 

this part a schedule for phase-out of the use of definite train location 

to establish on-track safety.

    (c) A railroad other than a Class I or commuter railroad may use 

definite train location to establish on-track safety on subdivisions 

only where:

    (1) Such procedures were in use on January 15, 1997, or

    (2) The number of trains operated on the subdivision does not 

exceed:

    (i) Three during any nine-hour period in which roadway workers are 

on duty, and

    (ii) Four during any twelve-hour period in which roadway workers are 

on duty.

    (d) Definite train location shall only be used to establish on-track 

safety according to the following provisions:

    (1) Definite train location information shall be issued only by the 

one train dispatcher who is designated to authorize train movements over 

the track for which the information is provided.

    (2) A definite train location list shall indicate all trains to be 

operated on the track for which the list is provided,



[[Page 159]]



during the time for which the list is effective.

    (3) Trains not shown on the definite train location list shall not 

be operated on the track for which the list is provided, during the time 

for which the list is effective, until each roadway worker to whom the 

list has been issued has been notified of the train movement, has 

acknowledged the notification to the train dispatcher, and has canceled 

the list. A list thus canceled shall then be invalid for on-track 

safety.

    (4) Definite train location shall not be used to establish on-track 

safety within the limits of a manual interlocking, or on track over 

which train movements are governed by a Traffic Control System or by a 

Manual Block System.

    (5) Roadway workers using definite train location for on-track 

safety shall not foul a track within ten minutes before the earliest 

time that a train is due to depart the last station at which time is 

shown in approach to the roadway worker's location nor until that train 

has passed the location of the roadway worker.

    (6) A railroad shall not permit a train to depart a location 

designated in a definite train location list before the time shown 

therein.

    (7) Each roadway worker who uses definite train location to 

establish on-track safety must be qualified on the relevant physical 

characteristics of the territory for which the train location 

information is provided.