[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: 49CFR225.31]



[Page 361-362]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 225_RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND 

INVESTIGATIONS--Table of Contents

 

Sec. 225.31  Investigations.



    (a) It is the policy of the FRA to investigate rail transportation 

accidents/incidents which result in the death of a railroad employee or 

the injury of five or more persons. Other accidents/incidents are 

investigated when it appears that an investigation would substantially 

serve to promote railroad safety.

    (b) FRA representatives are authorized to investigate accidents/

incidents and have been issued credentials authorizing them to inspect 

railroad records and properties. They are authorized to obtain all 

relevant information concerning accidents/incidents under investigation, 

to make inquiries of persons having knowledge of the facts, conduct 

interviews and inquiries, and attend as an observer, hearings conducted 

by railroads. When necessary to carry out an investigation,



[[Page 362]]



the FRA may authorize the issuance of subpoenas to require the 

production of records and the giving of testimony.

    (c) Whenever necessary, the FRA will schedule a public hearing 

before an authorized hearing officer, in which event testimony will be 

taken under oath, a record made, and opportunity provided to question 

witnesses.

    (d) When necessary in the conduct of an investigation, the Federal 

Railroad Administrator may require autopsies and other tests of the 

remains of railroad employees who die as a result of an accident/

incident.

    (e) Information obtained through FRA accident investigations may be 

published in public reports or used for other purposes FRA deems to be 

appropriate.

    (f) Section 20903 of title 49 of the United States Code provides 

that no part of a report of an accident investigation under section 

20902 of title 49 of the United States Code may be admitted as evidence 

or used for any purpose in any suit or action for damages growing out of 

any matter mentioned in the accident investigation report.



[39 FR 43224, Dec. 11, 1974, as amended at 61 FR 30971, June 18, 1996]