[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: 49CFR238.317]



[Page 686-687]

 

                        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. 238.317  Class II brake test.



    (a) A Class II brake test shall be performed on a passenger train 

when any of the following events occurs:

    (1) Whenever the control stand used to control the train is changed; 

except if the control stand is changed to facilitate the movement of a 

passenger train from one track to another within a terminal complex 

while not in passenger service. In these circumstances, a Class II brake 

test shall be performed prior to the train's departure from the terminal 

complex with passengers;

    (2) Prior to the first morning departure of each commuter or short-

distance intercity passenger train where a Class I brake test remains 

valid as provided in Sec. 238.315(a)(1);

    (3) When previously tested units (i.e., cars that received a Class I 

brake test within the previous calendar day and have not been 

disconnected from a source of compressed air for more than four hours) 

are added to the train;

    (4) When cars or equipment are removed from the train; and

    (5) When an operator first takes charge of the train, except for 

face-to-face relief.

    (b) A Class II brake test shall be performed by a qualified person 

or a qualified maintenance person.

    (c) Except as provided in Sec. 238.15, a railroad shall not use or 

haul a passenger train in passenger service from a terminal or yard 

where a Class II brake test has been performed, or was



[[Page 687]]



required by this part to have been performed, with any of the brakes 

cut-out, inoperative, or defective.

    (d) In performing a Class II brake test on a train, a railroad shall 

determine that:

    (1) The brakes on the rear unit of the train apply and release in 

response to a signal from the engineer's brake valve or controller of 

the leading or controlling unit, or a gauge or similar device located at 

the rear of the train or in the cab of the rear unit indicates that 

brake pipe pressure changes are properly communicated at the rear of the 

train;

    (2) For MU locomotives that utilize an electric signal to 

communicate a service brake application and only a pneumatic signal to 

propagate an emergency brake application, the emergency brake 

application functions as intended.

    (3) The communicating signal system is tested and known to be 

operating as intended; a tested and operating two-way radio system meets 

this requirement.



[64 FR 25660, May 12, 1999, as amended at 65 FR 41310, July 3, 2000; 67 

FR 19991, Apr. 23, 2002]