[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: 49CFR234.5]



[Page 569-570]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

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

 

                            Subpart A_General

 

Sec. 234.5  Definitions.



    As used in this part:

    Activation failure means the failure of an active highway-rail grade 

crossing warning system to indicate the approach of a train at least 20 

seconds prior to the train's arrival at the crossing, or to indicate the 

presence of a train occupying the crossing, unless the crossing is 

provided with an alternative means of active warning to highway users of 

approaching trains. (This failure indicates to the motorist that it is 

safe to proceed across the railroad tracks when, in fact, it is not safe 

to do so.) A grade crossing signal system does not indicate the approach 

of a train within the meaning of this paragraph if--more than 50% of the 

flashing lights (not gate arm lights) on any approach lane to the 

crossing are not functioning as intended, or in the case of an approach 

lane for which two or more pairs of flashing lights are provided, there 

is not at least one flashing light pair operating as intended. Back 

lights on the far side of the crossing are not considered in making 

these determinations.

    Appropriately equipped flagger means a person other than a train 

crewmember who is equipped with a vest, shirt, or jacket of a color 

appropriate for daytime flagging such as orange, yellow, strong yellow 

green or fluorescent versions of these colors or other generally 

accepted high visibility colors. For nighttime flagging, similar outside



[[Page 570]]



garments shall be retro reflective. Acceptable hand signal devices for 

daytime flagging include `` STOP/SLOW'' paddles or red flags. For 

nighttime flagging, a flashlight, lantern, or other lighted signal shall 

be used. Inasmuch as Part VI of the Federal Highway Administration's 

Manual on Uniform Traffic Control Devices addresses standards and guides 

for flaggers and flagging equipment for highway traffic control, FRA 

recommends that railroads be aware of the standards and follow them to 

the greatest extent possible. Copies of the latest MUTCD provisions 

regarding flagging will be available from FRA, as well as FMCSA, as 

changes are made in this area.

    Credible report of system malfunction means specific information 

regarding a malfunction at an identified highway-rail crossing, supplied 

by a railroad employee, law enforcement officer, highway traffic 

official, or other employee of a public agency acting in an official 

capacity.

    False activation means the activation of a highway-rail grade 

crossing warning system caused by a condition that requires correction 

or repair of the grade crossing warning system. (This failure indicates 

to the motorist that it is not safe to cross the railroad tracks when, 

in fact, it is safe to do so.)

    Highway-rail grade crossing means a location where a public highway, 

road, street, or private roadway, including associated sidewalks and 

pathways, crosses one or more railroad tracks at grade.

    Partial activation means activation of a highway-rail grade crossing 

warning system indicating the approach of a train, however, the full 

intended warning is not provided due to one of the following conditions:

    (1) At non-gated crossings equipped with one pair of lights designed 

to flash alternately, one of the two lights does not operate properly 

(and approaching motorists can not clearly see flashing back lights from 

the warning lights on the other side of the crossing);

    (2) At gated crossings, the gate arm is not in a horizontal 

position; or

    (3) At gated crossings, any portion of a gate arm is missing if that 

portion normally had a gate arm flashing light attached.

    Train means one or more locomotives, with or without cars.

    Warning system malfunction means an activation failure, a partial 

activation, or a false activation of a highway-rail grade crossing 

warning system.