[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: 49CFR238.9]



[Page 652]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 238.9  Responsibility for compliance.



    (a) A railroad subject to this part shall not--

    (1) Use, haul, permit to be used or hauled on its line, offer in 

interchange, or accept in interchange any train or passenger equipment, 

while in service,

    (i) That has one or more conditions not in compliance with a safety 

appliance or power brake provision of this part; or

    (ii) That has not been inspected and tested as required by a safety 

appliance or power brake provision of this part; or

    (2) Use, haul, offer in interchange, or accept in interchange any 

train or passenger equipment, while in service,

    (i) That has one or more conditions not in compliance with a 

provision of this part, other than the safety appliance and power brake 

provisions of this part, if the railroad has actual knowledge of the 

facts giving rise to the violation, or a reasonable person acting in the 

circumstances and exercising reasonable care would have that knowledge; 

or

    (ii) That has not been inspected and tested as required by a 

provision of this part, other than the safety appliance and power brake 

provisions of this part, if the railroad has actual knowledge of the 

facts giving rise to the violation, or a reasonable person acting in the 

circumstances and exercising reasonable care would have that knowledge; 

or

    (3) Violate any other provision of this part.

    (b) For purposes of this part, passenger equipment will be 

considered in use prior to departure but after it has received, or 

should have received, the inspection required under this part for 

movement and is deemed ready for passenger service.

    (c) Although the duties imposed by this part are generally stated in 

terms of the duty of a railroad, any person as defined in Sec. 238.5, 

including a contractor for a railroad, who performs any function covered 

by this part must perform that function in accordance with this part.