[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: 49CFR229.9]



[Page 384-385]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 229_RAILROAD LOCOMOTIVE SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 229.9  Movement of non-complying locomotives.



    (a) Except as provided in paragraphs (b), (c) and Sec. 229.125(h), 

a locomotive with one or more conditions not in compliance with this 

part may be moved only as a lite locomotive or a dead locomotive after 

the carrier has complied with the following:

    (1) A qualified person shall determine--

    (i) That it is safe to move the locomotive; and

    (ii) The maximum speed and other restrictions necessary for safely 

conducting the movement;

    (2)(i) The engineer in charge of the movement of the locomotive 

shall be notified in writing and inform all other crew members in the 

cab of the presence of the non-complying locomotive and the maximum 

speed and other restrictions determined under paragraph (a)(1)(ii) of 

this section.

    (ii) A copy of the tag described in paragraph (a)(3) of this section 

may be used to provide the notification required by paragraph (a)(2)(i) 

of this section.

    (3) A tag bearing the words ``non-complying locomotive'' and 

containing the following information, shall be securely attached to the 

control stand on each MU or control cab locomotive and to the isolation 

switch or near the engine start switch on every other type of 

locomotive--

    (i) The locomotive number;

    (ii) The name of the inspecting carrier;

    (iii) The inspection location and date;

    (iv) The nature of each defect;

    (v) Movement restrictions, if any;

    (vi) The destination; and

    (vii) The signature of the person making the determinations required 

by this paragraph.

    (b) A locomotive that develops a non-complying condition enroute may 

continue to utilize its propelling motors, if the requirements of 

paragraph (a) are otherwise fully met, until the earlier of--

    (1) The next calendar day inspection, or

    (2) The nearest forward point where the repairs necessary to bring 

it into compliance can be made.

    (c) A non-complying locomotive may be moved lite or dead within a 

yard, at speeds not in excess of 10 miles per hour, without meeting the 

requirements of paragraph (a) of this section if the movement is solely 

for the purpose of repair. The carrier is responsible to insure that the 

movement may be safely made.

    (d) A dead locomotive may not continue in use following a calendar 

day



[[Page 385]]



inspection as a controlling locomotive or at the head of a train or 

locomotive consist.

    (e) A locomotive does not cease to be a locomotive because its 

propelling motor or motors are inoperative or because its control jumper 

cables are not connected.

    (f) Nothing in this section authorizes the movement of a locomotive 

subject to a Special Notice for Repair unless the movement is made in 

accordance with the restrictions contained in the Special Notice.

    (g) Paragraphs (a), (b), and (c) of this section shall not apply to 

sanitation conditions covered by Sec. Sec. 229.137 and 229.139. 

Sections 229.137 and 229.139 set forth specific requirements for the 

movement and repair of locomotives with defective sanitation 

compartments.



[45 FR 21109, Mar. 31, 1980, as amended at 61 FR 8887, Mar. 6, 1996; 67 

FR 16050, Apr. 4, 2002]