[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: 49CFR232.9]



[Page 527]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER 

NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table 

of Contents

 

                            Subpart A_General

 

Sec. 232.9  Responsibility for compliance.



    (a) A railroad subject to this part shall not use, haul, permit to 

be used or hauled on its line, offer in interchange, or accept in 

interchange any train, railroad car, or locomotive with one or more 

conditions not in compliance with this part; however, a railroad shall 

not be liable for a civil penalty for such action if such action is in 

accordance with Sec. 232.15. For purposes of this part, a train, 

railroad car, or locomotive will be considered in use prior to departure 

but after it has received, or should have received, the inspection 

required for movement and is deemed ready for service.

    (b) Although many of the requirements of this part are stated in 

terms of the duties of a railroad, when any person performs any function 

required by this part, that person (whether or not a railroad) is 

required to perform that function in accordance with this part.

    (c) Any person performing any function or task required by this part 

shall be deemed to have consented to FRA inspection of the person's 

operation to the extent necessary to determine whether the function or 

task is being performed in accordance with the requirements of this 

part.