[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: 49CFR215.9]



[Page 174-175]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 215_RAILROAD FREIGHT CAR SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 215.9  Movement of defective cars for repair.



    (a) A railroad freight car which has any component described as 

defective in this part may be moved to another location for repair only 

after the railroad has complied with the following:

    (1) A person designated under Sec. 215.11 shall determine:

    (i) That it is safe to move the car; and

    (ii) The maximum speed and other restrictions necessary for safely 

conducting the movement;

    (2)(i) The person in charge of the train in which the car is to be 

moved shall be notified in writing and inform all other crew members of 

the presence of the defective car and the maximum speed and other 

restrictions determined under paragraph (a)(1)(ii) of this section.

    (ii) A copy of the tag or card described in paragraph (a)(3) of this 

section may be used to provide the notification required by paragraph 

(a)(2)(i) of this section.

    (3) A tag or card bearing the words ``bad order'' or ``home shop for 

repairs'' and containing the following information, shall be securely 

attached to each side of the car--

    (i) The reporting mark and car number;

    (ii) The name of the inspecting railroad;

    (iii) The inspection location and date;

    (iv) The nature of each defect;

    (v) Movement restrictions;

    (vi) The destination for shopping or repair; and

    (vii) The signature of a person designated under Sec. 215.11.

    (b)(1) The tag or card required by paragraph (a)(3) of this section 

may only be removed from the car by a person designated under Sec. 

215.11 of this part.

    (2) A record or copy of each tag or card attached to or removed from 

a car shall be retained for 90 days and, upon request, shall be made 

available within 15 calendar days for inspection by FRA or State 

inspectors.

    (3) Each tag or card removed from a car shall contain a notification 

stating the date, location, reason for its removal, and the signature of 

the person who removed it from the car. These recordkeeping requirements 

have been approved by the Office of Management and Budget in accordance 

with the Federal Reports Act of 1942.

    (c) Movement of a freight car under paragraph (a) of this section 

may be made only for the purpose of effecting repairs. If the car is 

empty, it may not be placed for loading. If the car is loaded, it may 

not be placed for unloading



[[Page 175]]



unless unloading is consistent with determinations made and restrictions 

imposed under paragraph (a)(1) of this section and--

    (1) The car is consigned for a destination on the line of haul 

between the point where the car was found defective and the point where 

repairs are made; or

    (2) Unloading is necessary for the safe repair of the car.

    (d) Nothing in this section authorizes the movement of a freight car 

subject to a Special Notice for Repairs unless the movement is made in 

accordance with the restrictions contained in the Special Notice.



[44 FR 77340, Dec. 31, 1979; 45 FR 26710, Apr. 21, 1980]