[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: 49CFR220.38] [Page 254] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 220_RAILROAD COMMUNICATIONS--Table of Contents Subpart B_Radio and Wireless Communication Procedures Sec. 220.38 Communication equipment failure. (a) Any radio or wireless communication device found not to be functioning as intended when tested pursuant to Sec. 220.37 shall be removed from service and the dispatcher or other employee designated by the railroad shall be so notified as soon as practicable. (b) If a radio or wireless communication device fails on the controlling locomotive en route, the train may continue until the earlier of-- (1) The next calendar day inspection, or (2) The nearest forward point where the radio or wireless communication device can be repaired or replaced.