[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: 49CFR218.37]



[Page 201-202]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 218_RAILROAD OPERATING PRACTICES--Table of Contents

 

             Subpart C_Protection of Trains and Locomotives

 

Sec. 218.37  Flag protection.



    (a) After August 1, 1977, each railroad must have in effect an 

operating rule which complies with the requirements set forth below:

    (1) Except as provided in paragraph (a)(2) of this section, flag 

protection shall be provided--

    (i) When a train is moving on the main track at less than one-half 

the maximum authorized speed (including slow order limits) in that 

territory, flag protection against following trains on the same track 

must be provided by a crew member by dropping off single



[[Page 202]]



lighted fusees at intervals that do not exceed the burning time of the 

fusee.

    (ii) When a train is moving on the main track at more than one-half 

the maximum authorized speed (including slow order limits) in that 

territory under circumstances in which it may be overtaken, crew members 

responsible for providing protection will take into consideration the 

grade, curvature of track, weather conditions, sight distance and 

relative speed of his train to following trains and will be governed 

accordingly in the use of fusees.

    (iii) When a train stops on main track, flag protection against 

following trains on the same track must be provided as follows: A crew 

member with flagman's signals must immediately go back at least the 

distance prescribed by timetable or other instructions for the 

territory, place at least two torpedoes on the rail at least 100 feet 

apart and display one lighted fusee. He may then return one-half of the 

distance to his train where he must remain until he has stopped the 

approaching train or is recalled. When recalled, he must leave one 

lighted fusee and while returning to his train, he must also place 

single lighted fusees at intervals that do not exceed the burning time 

of the fusee. When the train departs, a crew member must leave one 

lighted fusee and until the train resumes speed not less than one-half 

the maximum authorized speed (including slow order limits) in that 

territory, he must drop off single lighted fusees at intervals that do 

not exceed the burning time of the fusee.

    (iv) When required by the railroad's operating rules, a forward crew 

member with flagman's signals must protect the front of his train 

against opposing movements by immediately going forward at least the 

distance prescribed by timetable or other instructions for the territory 

placing at least two torpedoes on the rail at least 100 feet apart, 

displaying one lighted fusee, and remaining at that location until 

recalled.

    (v) Whenever a crew member is providing flag protection, he must not 

permit other duties to interfere with the protection of his train.

    (2) Flag protection against following trains on the same track is 

not required if--

    (i) The rear of the train is protected by at least two block 

signals;

    (ii) The rear of the train is protected by an absolute block;

    (iii) The rear of the train is within interlocking limits; or

    (iv) A train order specifies that flag protection is not required.

    (v) A railroad operates only one train at any given time.

    (b) Each railroad shall designate by timetable or other instruction 

for each territory the specific distance which a crew member providing 

flag protection must go out in order to provide adequate protection for 

his train.

    (c) Whenever the use of fusees is prohibited by a Federal, State or 

local fire regulation, each railroad operating within that jurisdiction 

shall provide alternate operating procedures to assure full protection 

of trains in lieu of flag protection required by this section.



[42 FR 5065, Jan. 27, 1977, as amended at 42 FR 38362, July 28, 1977]