[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: 49CFR216.14]



[Page 189]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 216_SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, 

LOCOMOTIVE AND EQUIPMENT--Table of Contents

 

                  Subpart B_Special Notice for Repairs

 

Sec. 216.14  Special notice for repairs--passenger equipment.



    (a) When an FRA Motive Power and Equipment Inspector or a State 

Equipment Inspector determines that railroad passenger equipment is not 

in conformity with one or more of the requirements of the FRA Passenger 

Equipment Safety Standards set forth in part 238 of this chapter and 

that it is unsafe for further service, he or she will issue a written 

Special Notice to the railroad that the equipment is not in serviceable 

condition. The Special Notice describes the defect or defects that cause 

the equipment to be in unserviceable condition. After receipt of the 

Special Notice, the railroad shall remove the equipment from service 

until it is restored to serviceable condition. The equipment may not be 

deemed in serviceable condition until it complies with all applicable 

requirements of part 238 of this chapter.

    (b) The railroad shall notify in writing the FRA Regional 

Administrator for the FRA region in which the Special Notice was issued 

when the equipment is returned to service, specifying the repairs 

completed.

    (c) Railroad passenger equipment subject to a Special Notice may be 

moved from the place where it was found to be unsafe for further service 

to the nearest available point where the equipment can be repaired, if 

such movement is necessary to make the repairs. However, the movement is 

subject to the further restrictions of Sec. Sec. 238.15 and 238.17 of 

this chapter.



[64 FR 25659, May 12, 1999]