[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: 49CFR219.3]



[Page 209-210]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents

 

                            Subpart A_General

 

Sec. 219.3  Application.



    (a) General. Except as provided in paragraphs (b) and (c) of this 

section, this part applies to--

    (1) Railroads that operate rolling equipment on standard gage track 

which is part of the general railroad system of transportation; and

    (2) Railroads that provide commuter or other short-haul rail 

passenger service in a metropolitan or suburban area (as described by 49 

U.S.C. 20102) in the United States.

    (b) Exceptions available to both domestic and foreign railroads. (1) 

This part does not apply to a railroad that operates only on track 

inside an installation which is not part of the general railroad system 

of transportation.

    (2) Subparts D, E, F and G of this part do not apply to a railroad 

that--

    (i) Has a total of 15 or fewer employees who are covered by the 

hours of service laws at 49 U.S.C. 21103, 21104, or 21105, or who would 

be subject to the hours of service laws at 49 U.S.C. 21103, 21104, or 

21105 if their services were performed in the United States; and



[[Page 210]]



    (ii) Does not operate on the tracks in the United States of another 

railroad (or otherwise engage in joint operations in the United States 

with another railroad) except as necessary for purposes of interchange.

    (3) Subpart I of this part does not apply to a railroad that has 

fewer than 400,000 total employee hours, including hours worked by all 

employees of the railroad, regardless of occupation, not only while in 

the United States but also while outside the United States. For purposes 

of this paragraph, the term ``employees of the railroad'' includes 

individuals who perform service for the railroad, including not only 

individuals who receive direct monetary compensation from the railroad 

for performing a service for the railroad, but also such individuals as 

employees of a contractor to the railroad who perform a service for the 

railroad.

    (c) Exceptions available to foreign railroads only. (1) Subparts E, 

F and G of this part do not apply to train or dispatching service in the 

United States performed by an employee of a foreign railroad whose 

primary reporting point is outside the United States, on that portion of 

a rail line in the United States extending up to10 route miles from the 

point that the line crosses into the United States from Canada or 

Mexico.

    (2) Unless otherwise provided by paragraph (b) of this section, 

subparts A, B, C, D, H, I, and J of this part apply to signal service in 

the United States of a foreign railroad performed by an employee of the 

foreign railroad if the employee's primary place of reporting is located 

outside the United States. Subparts E, F, and G of this part do not 

apply to signal service in the United States of a foreign railroad 

performed by an employee of the foreign railroad if the employee's 

primary place of reporting is located outside the United States.

    (3) Unless otherwise excepted under paragraph (c)(1) of this 

section, on and after June 11, 2004, a foreign railroad shall conduct a 

pre-employment drug test on each of its final applicants for, and each 

of its employees seeking to transfer for the first time to, duties 

involving train or dispatching service in the United States while having 

his or her primary reporting point outside of the United States. The 

test shall be conducted in accordance with this part prior to the 

applicant or employee's performance of train or dispatching service in 

the United States.



[69 FR 19286, Apr. 12, 2004]