[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: 49CFR234.105]



[Page 571-572]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 234_GRADE CROSSING SIGNAL SYSTEM SAFETY--Table of Contents

 

       Subpart C_Response to Reports of Warning System Malfunction

 

Sec. 234.105  Activation failure.



    Upon receipt of a credible report of warning system malfunction 

involving an activation failure, a railroad having maintenance 

responsibility for the warning system shall promptly initiate efforts to 

warn highway users and railroad employees at the subject crossing by 

taking the following actions:

    (a) Prior to any train's arrival at the crossing, notify the train 

crew of the report of activation failure and notify any other railroads 

operating over the crossing;

    (b) Notify the law enforcement agency having jurisdiction over the 

crossing, or railroad police capable of responding and controlling 

vehicular traffic; and



[[Page 572]]



    (c) Provide for alternative means of actively warning highway users 

of approaching trains, consistent with the following requirements (see 

appendix B for a summary chart of alternative means of warning):

    (1)(i) If an appropriately equipped flagger provides warning for 

each direction of highway traffic, trains may proceed through the 

crossing at normal speed.

    (ii) If at least one uniformed law enforcement officer (including a 

railroad police officer) provides warning to highway traffic at the 

crossing, trains may proceed through the crossing at normal speed.

    (2) If an appropriately equipped flagger provides warning for 

highway traffic, but there is not at least one flagger providing warning 

for each direction of highway traffic, trains may proceed with caution 

through the crossing at a speed not exceeding 15 miles per hour. Normal 

speed may be resumed after the locomotive has passed through the 

crossing.

    (3) If there is not an appropriately equipped flagger or uniformed 

law enforcement officer providing warning to highway traffic at the 

crossing, each train must stop before entering the crossing and permit a 

crewmember to dismount to flag highway traffic to a stop. The locomotive 

may then proceed through the crossing, and the flagging crewmember may 

reboard the locomotive before the remainder of the train proceeds 

through the crossing.

    (d) A locomotive's audible warning device shall be activated in 

accordance with railroad rules regarding the approach to a grade 

crossing.