[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: 49CFR218.61]



[Page 203-204]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 218_RAILROAD OPERATING PRACTICES--Table of Contents

 

       Subpart D_Prohibition Against Tampering With Safety Devices

 

Sec. 218.61  Authority to deactivate safety devices.



    (a) For the purpose of this chapter, it is lawful to temporarily 

render a safety device incapable of proper or effective action or to 

materially impair its function if this action is taken as provided for 

in paragraph (b) or (c) of this section.



[[Page 204]]



    (b) If a locomotive is equipped with a device to assure that the 

operator is alert or not physically incapacitated, that device may be 

deactivated when:

    (1) The locomotive is not the controlling locomotive;

    (2) The locomotive is performing switching operations and not 

hauling cars in a manner that constitutes a train movement under part 

232 of this chapter:

    (3) The locomotive is dead-in-tow; or

    (4) The locomotive is a mid-train slave unit being controlled by 

radio from a remote location.

    (c) If a locomotive is equipped with a device to record data 

concerning the operation of that locomotive and/or of the train it is 

powering, that device may be deactivated only in accordance with the 

provisions of Sec. 229.135.



[54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993]