[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: 49CFR234.107]



[Page 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. 234.107  False activation.



    Upon receipt of a credible report of a false activation, a railroad 

having maintenance responsibility for the highway-rail grade crossing 

warning system shall promptly initiate efforts to warn highway users and 

railroad employees at the crossing by taking the following actions:

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

crew of the report of false activation 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

    (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 is providing 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 there is not an appropriately equipped flagger providing 

warning for each direction of highway traffic, or if there is not at 

least one uniformed law enforcement officer providing warning, trains 

with the locomotive or cab car leading, 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. In 

the case of a shoving move, a crewmember shall be on the ground to flag 

the train through the crossing.

    (3) In lieu of complying with paragraphs (c) (1) or (2) of this 

section, a railroad may temporarily take the warning system out of 

service if the railroad complies with all requirements of Sec. 234.105, 

``Activation failure.''

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

accordance with railroad rules regarding the approach to a grade 

crossing.



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