[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: 49CFR238.307]



[Page 680-682]

 

                        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. 238.307  Periodic mechanical inspection of passenger cars and 

unpowered vehicles used in passenger trains.



    (a) General.

    (1) Railroads shall conduct periodic mechanical inspections of all 

passenger cars and all unpowered vehicles used in a passenger train as 

required by this section or as warranted and justified by data developed 

pursuant to paragraph (a)(2) of this section. A periodic inspection 

conducted under part 229 of this chapter satisfies the requirement of 

this section with respect to the features inspected.

    (2) A railroad may, upon written notification to FRA's Associate 

Administrator for Safety, adopt and comply with alternative periodic 

mechanical inspection intervals for specific components or equipment in 

lieu of the requirements of this section. Any alternative interval must 

be based upon a documented reliability assessment conducted under a 

system safety plan subject to periodic peer audit. (See Appendix E to 

this part for a discussion of



[[Page 681]]



the general principles of reliability-based maintenance programs.) The 

periodic inspection intervals provided in this section may be changed 

only when justified by accumulated, verifiable data that provides a high 

level of confidence that the component(s) will not fail in a manner 

resulting in harm to persons. FRA may monitor and review a railroad's 

implementation and compliance with any alternative interval adopted. 

FRA's Associate Administrator for Safety may prohibit or revoke a 

railroad's ability to utilize an alternative inspection interval if FRA 

determines that the adopted interval is not supported by credible data 

or does not provide adequate safety assurances. Such a determination 

will be made in writing and will state the basis for such action.

    (b) Each periodic mechanical inspection required by this section 

shall be performed by a qualified maintenance person.

    (c) The periodic mechanical inspection shall specifically include 

the following interior and exterior mechanical components, which shall 

be inspected not less frequently than every 184 days. At a minimum, this 

inspection shall determine that:

    (1) Seats and seat attachments are not broken or loose. If a car is 

found with a seat that is not in compliance with this requirement while 

being used between periodic mechanical inspections, the equipment may 

continue to be used in passenger service until the performance of an 

interior calendar day mechanical inspection pursuant to Sec. 238.305 on 

the day following the discovery of the defective condition provided the 

seat is rendered unuseable, a notice is prominently displayed on the 

seat, and a record is maintained with the date and time that the non-

complying condition was discovered.

    (2) Luggage racks are not broken or loose.

    (3) All beds and bunks are not broken or loose, and all restraints 

or safety latches and straps are in place and function as intended.

    (4) A representative sample of emergency window exits on the 

railroad's passenger cars properly operate, in accordance with the 

requirements of Sec. 239.107 of this chapter.

    (5) Emergency lighting systems are operational.

    (6) With regard to switches:

    (i) All hand-operated switches carrying currents with a potential of 

more than 150 volts that may be operated while under load are covered 

and are operative from the outside of the cover;

    (ii) A means is provided to display whether the switches are open or 

closed; and

    (iii) Switches not designed to be operated safely while under load 

are legibly marked with the voltage carried and the words ``must not be 

operated under load''.

    (7) Each coupler is in the following condition:

    (i) The distance between the guard arm and the knuckle nose is not 

more than 5\1/8\ inches on standard type couplers (MCB contour 1904), or 

not more than 5\5/16\ inches on D&E couplers;

    (ii) The free slack in the coupler or drawbar not absorbed by 

friction devices or draft gears is not more than \1/2\ inch; and

    (iii) The draft gear is not broken, to the extent possible without 

dropping cover plates.

    (8) All trucks are equipped with a device or securing arrangement to 

prevent the truck and car body from separating in case of derailment.

    (9) All center castings on trucks are not cracked or broken, to the 

extent possible without jacking the car and rolling out the trucks. 

However, an extensive inspection of all center castings shall be 

conducted by jacking the equipment and rolling out the trucks at each 

COT&S cycle provided in Sec. 238.309 for the equipment.

    (10) All mechanical systems and components of the equipment are free 

of all the following general conditions that endanger the safety of the 

crew, passengers, or equipment:

    (i) A continuous accumulation of oil or grease;

    (ii) Improper functioning of a component;

    (iii) A crack, break, excessive wear, structural defect, or weakness 

of a component;

    (iv) A leak;

    (v) Use of a component or system under a condition that exceeds that 

for



[[Page 682]]



which the component or system is designed to operate; and

    (vi) Insecure attachment of a component.

    (11) All of the items identified in the exterior calendar day 

mechanical inspection contained at Sec. 238.303 are in conformity with 

the conditions prescribed in that section.

    (12) All of the items identified in the interior calendar day 

mechanical inspection contained at Sec. 238.305 are in conformity with 

the conditions prescribed in that section.

    (d) The periodic mechanical inspection shall specifically include 

the manual door releases, which shall be inspected not less frequently 

than every 368 days. At a minimum, this inspection shall determine that 

all manual door releases operate as intended.

    (e) Records. (1) A record shall be maintained of each periodic 

mechanical inspection required to be performed by this section. This 

record may be maintained in writing or electronically, provided FRA has 

access to the record upon request. The record shall be maintained either 

in the railroad's files, the cab of the locomotive, or a designated 

location in the passenger car. The record shall be retained until the 

next periodic mechanical inspection of the same type is performed and 

shall contain the following information:

    (i) The date of the inspection;

    (ii) The location where the inspection was performed;

    (iii) The signature or electronic identification of the inspector; 

and

    (iv) The signature or electronic identification of the inspector's 

supervisor.

    (2) Detailed documentation of any reliability assessments depended 

upon for implementing an alternative inspection interval under paragraph 

(a)(2) of this section, including underlying data, shall be retained 

during the period that the alternative inspection interval is in effect. 

Data documenting inspections, tests, component replacement and renewals, 

and failures shall be retained for not less than three (3) inspection 

intervals.

    (f) Nonconformity with any of the conditions set forth in this 

section renders the car or vehicle defective whenever discovered in 

service.



[64 FR 25660, May 12, 1999, as amended at 65 FR 41308, July 3, 2000]