[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: 49CFR238.303]



[Page 676-679]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

 Subpart D_Inspection, Testing, and Maintenance Requirements for Tier I 

                           Passenger Equipment

 

Sec. 238.303  Exterior calendar day mechanical inspection of passenger 

equipment.



    (a) General.

    (1) Except as provided in paragraph (f) of this section, each 

passenger car and each unpowered vehicle used in a passenger train shall 

receive an exterior mechanical inspection at least once each calendar 

day that the equipment is placed in service.

    (2) Except as provided in paragraph (f) of this section, all 

passenger equipment shall be inspected as required in this section at 

least once each calendar day that the equipment is placed in service to 

ensure that the equipment conforms with the requirement contained in 

paragraph (e)(15) of this section.

    (3) If a passenger care is also classified as a locomotive under 

part 229 of this chapter, the passenger car shall also receive a daily 

inspection pursuant to the requirements of Sec. 229.21 of this chapter.

    (b) Each passenger car and each unpowered vehicle added to a 

passenger train shall receive an exterior calendar day mechanical 

inspection in accordance with the following:

    (1) Except as provided in paragraph (b)(2) of this section, each 

passenger car and each unpowered vehicle added to a passenger train 

shall receive an exterior calendar day mechanical inspection at the time 

it is added to the train unless notice is provided to the train crew 

that an exterior mechanical inspection was performed on the car or 

vehicle on the last day it was used in passenger service. The notice 

required by this section shall contain the date, time, and location of 

the last exterior mechanical inspection;

    (2) Each express car, freight car, and each unit of intermodal 

equipment (e.g., RoadRailers [reg]) added to a passenger 

train shall receive an exterior calendar day mechanical inspection at 

the time it is added to the train, unless



[[Page 677]]



notice is provided to the train crew that an exterior mechanical 

inspection was performed on the car within the previous calendar day. 

The notice required by this section shall contain the date, time, and 

location of the last exterior mechanical inspection.

    (c) The exterior calendar day mechanical inspection shall be 

performed by a qualified maintenance person.

    (d) The exterior calendar day mechanical inspection required by this 

section shall be conducted to the extent possible without uncoupling the 

trainset and without placing the equipment over a pit or on an elevated 

track.

    (e) As part of the exterior calendar day mechanical inspection, the 

railroad shall verify conformity with the following conditions, and 

nonconformity with any such condition renders the passenger car or 

unpowered vehicle used in a passenger train defective whenever 

discovered in service:

    (1) Products of combustion are released entirely outside the cab and 

other compartments.

    (2) Each battery container is vented and each battery is kept from 

gassing excessively.

    (3) Each coupler is in the following condition:

    (i) Sidewall or pin bearing bosses and the pulling face of the 

knuckles are not broken or cracked;

    (ii) The coupler assembly is equipped with anti-creep protection;

    (iii) The coupler carrier is not broken or cracked; and

    (iv) The yoke is not broken or cracked.

    (4) A device is provided under the lower end of all drawbar pins and 

articulated connection pins to prevent the pin from falling out of place 

in case of breakage.

    (5) The suspension system, including the spring rigging, is in the 

following condition:

    (i) Protective construction or safety hangers are provided to 

prevent spring planks, spring seats, or bolsters from dropping to the 

track structure in event of a hanger or spring failure;

    (ii) The top (long) leaf or any of the other three leaves of the 

elliptical spring is not broken, except when a spring is part of a nest 

of three or more springs and none of the other springs in the nest has 

its top leaf or any of the other three leaves broken;

    (iii) The outer coil spring or saddle is not broken;

    (iv) The equalizers, hangers, bolts, gibs, or pins are not cracked 

or broken;

    (v) The coil spring is not fully compressed when the car is at rest;

    (vi) The shock absorber is not broken or leaking oil or other fluid; 

and

    (vii) Each air bag or other pneumatic suspension system component 

inflates or deflates, as applicable, correctly and otherwise operates as 

intended.

    (6) Each truck is in the following condition:

    (i) Each tie bar is not loose;

    (ii) Each motor suspension lug, equalizer, hanger, gib, or pin is 

not cracked or broken; and

    (iii) The truck frame is not broken and is not cracked in a stress 

area that may affect its structural integrity.

    (7) Each side bearing is in the following condition:

    (i) Each friction side bearing with springs designed to carry weight 

does not have more than 25 percent of the springs in any one nest 

broken;

    (ii) Each friction side bearing does not run in contact unless 

designed to operate in that manner; and

    (iii) The maximum clearance of each side bearing does not exceed the 

manufacturer's recommendation.

    (8) Each wheel does not have any of the following conditions:

    (i) A single flat spot that is 2\1/2\ inches or more in length, or 

two adjoining spots that are each two or more inches in length;

    (ii) A gouge or chip in the flange that is more than 1\1/2\ inches 

in length and \1/2\ inch in width;

    (iii) A broken rim, if the tread, measured from the flange at a 

point \5/8\ of an inch above the tread, is less than 3\3/4\ inches in 

width;

    (iv) A shelled-out spot 2\1/2\ inches or more in length, or two 

adjoining spots that are each two or more inches in length;

    (v) A seam running lengthwise that is within 3\3/4\ inches of the 

flange;

    (vi) A flange worn to a \7/8\ inch thickness or less, gauged at a 

point \3/8\ of an inch above the tread;



[[Page 678]]



    (vii) A tread worn hollow \5/16\ of an inch or more;

    (viii) A flange height of 1\1/2\ inches or more measured from the 

tread to the top of the flange;

    (ix) A rim less than 1 inch thick;

    (x) Except as provided in paragraph (e)(8)(iii) of this section, a 

crack or break in the flange, tread, rim, plate, or hub;

    (xi) A loose wheel; or

    (xii) A weld.

    (9) No part or appliance of a passenger coach, except the wheels, is 

less than 2\1/2\ inches above the top of the rail.

    (10) Each unguarded, noncurrent-carrying metal part subject to 

becoming charged is grounded or thoroughly insulated.

    (11) Each jumper and cable connection is in the following condition:

    (i) Each jumpers and cable connection between coaches, between 

locomotives, or between a locomotive and a coach is located and guarded 

in a manner that provides sufficient vertical clearance. Jumpers and 

cable connections may not hang with one end free;

    (ii) The insulation is not broken or badly chafed;

    (iii) No plug, receptacle, or terminal is broken; and

    (iv) No strand of wire is broken or protruding.

    (12) Each door and cover plate guarding high voltage equipment is 

marked ``Danger--High Voltage'' or with the word ``Danger'' and the 

normal voltage carried by the parts so protected.

    (13) Each buffer plate is in place.

    (14) Each diaphragm, if any, is in place and properly aligned.

    (15) Each secondary braking system is in operating mode and does not 

have any known defective condition which prevents its proper operation. 

If the dynamic brakes on a locomotive are found not to be in operating 

mode or are known to have a defective condition which prevents their 

proper operation at the time that the exterior mechanical inspection is 

performed or at any other time while the locomotive is in service, the 

following requirements shall be met in order to continue the locomotive 

in service:

    (i) MU locomotives equipped with dynamic brakes found not to be in 

operating mode or containing a defective condition which prevents the 

proper operation of the dynamic brakes shall be handled in accordance 

with the following requirements:

    (A) A tag bearing the words ``inoperative dynamic brakes'' shall be 

securely displayed in a conspicuous location in the cab of the 

locomotive and contain the locomotive number, the date and location 

where the condition was discovered, and the signature of the individual 

who discovered the condition;

    (B) The locomotive engineer shall be informed in writing that the 

dynamic brakes on the locomotive are inoperative at the location where 

the locomotive engineer first takes charge of the train; and

    (C) The inoperative or defective dynamic brakes shall be repaired or 

removed from service by or at the locomotive's next exterior calendar 

day mechanical inspection.

    (ii) Conventional locomotives equipped with dynamic brakes found not 

to be in operating mode or containing a defective condition which 

prevents the proper operation of the dynamic brakes shall be handled in 

accordance with the following:

    (A) A tag bearing the words ``inoperative dynamic brakes'' shall be 

securely displayed in a conspicuous location in the cab of the 

locomotive and contain the locomotive number, the date and location 

where the condition was discovered, and the signature of the person 

discovering the condition;

    (B) The locomotive engineer shall be informed in writing that the 

dynamic brakes on the locomotive are inoperative at the location where 

the locomotive engineer first takes charge of the train; and

    (C) The inoperative or defective dynamic brakes shall be repaired 

within 3 calendar days of being found in defective condition or at the 

locomotive's next periodic inspection pursuant to Sec. 229.23 of this 

chapter, whichever occurs first.

    (16) All roller bearings do not have any of the following 

conditions:

    (i) A sign of having been overheated as evidenced by discoloration 

or other telltale sign of overheating, such as



[[Page 679]]



damage to the seal or distortion of any bearing component;

    (ii) A loose or missing cap screw;

    (iii) A broken, missing, or improperly applied cap screw lock; or

    (iv) A seal that is loose or damaged or permits leakage of lubricant 

in clearly formed droplets.

    (f) Exception. A long-distance intercity passenger train that misses 

a scheduled exterior calendar day mechanical inspection due to a delay 

en route may continue in service to the location where the inspection 

was scheduled to be performed. At that point, an exterior calendar day 

mechanical inspection shall be performed prior to returning the 

equipment to service. This flexibility applies only to the exterior 

mechanical safety inspections required by this section, and does not 

relieve the railroad of the responsibility to perform a calendar day 

inspection on a unit classified as a ``locomotive'' under part 229 of 

this chapter as required by Sec. 229.21 of this chapter.

    (g) Records. A record shall be maintained of each exterior calendar 

day mechanical inspection performed.

    (1) This record may be maintained in writing or electronically 

provided FRA has access to the record upon request.

    (2) The written or electronic record must contain the following 

information:

    (i) The identification number of the unit;

    (ii) The place, date, and time of the inspection;

    (iii) Any non-complying conditions found; and

    (iv) The signature or electronic identification of the inspector.

    (3) This record may be part of a single master report covering an 

entire group of cars and equipment.

    (4) This record shall be maintained at the place where the 

inspection is conducted or at one central location and shall be retained 

for at least 92 days.

    (h) Cars requiring a single car test in accordance with Sec. 

238.311 that are being moved in service to a location where the single 

car test can be performed shall have the single car test completed prior 

to, or as a part of, the exterior calendar day mechanical inspection.



[64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000]