[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: 49CFR238.3]



[Page 643-644]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 238.3  Applicability.



    (a) Except as provided in paragraph (c) of this section, this part 

applies to all:

    (1) Railroads that operate intercity or commuter passenger train 

service on standard gage track which is part of



[[Page 644]]



the general railroad system of transportation; and

    (2) Railroads that provide commuter or other short-haul rail 

passenger train service in a metropolitan or suburban area as described 

by 49 U.S.C. 20102(1), including public authorities operating passenger 

train service.

    (b) Railroads that permit to be used or hauled on their lines 

passenger equipment subject to this part, in violation of a power brake 

provision of this part or a safety appliance provision of this part, are 

subject to the power brake and safety appliance provisions of this part 

with respect to such operations.

    (c) This part does not apply to:

    (1) Rapid transit operations in an urban area that are not connected 

to the general railroad system of transportation;

    (2) A railroad that operates only on track inside an installation 

that is not part of the general railroad system of transportation;

    (3) Tourist, scenic, historic, or excursion operations, whether on 

or off the general railroad system of transportation; or

    (4) Circus trains.