[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: 49CFR240.1] [Page 728-730] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table of Contents Subpart A_General Sec. 240.1 Purpose and scope. Subpart A_General Sec. 240.1 Purpose and scope. 240.3 Application and responsibility for compliance. 240.5 Preemptive effect and construction. 240.7 Definitions. 240.9 Waivers. 240.11 Penalties and consequences for noncompliance. 240.13 Information collection requirements. Subpart B_Component Elements of the Certification Process 240.101 Certification program required. 240.103 Approval of design of individual railroad programs by FRA. 240.104 Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer. 240.105 Criteria for selection of designated supervisors of locomotive engineers. [[Page 729]] 240.107 Criteria for designation of classes of service. 240.109 General criteria for eligibility based on prior safety conduct. 240.111 Individual's duty to furnish data on prior safety conduct as motor vehicle operator. 240.113 Individual's duty to furnish data on prior safety conduct as an employee of a different railroad. 240.115 Criteria for consideration of prior safety conduct as a motor vehicle operator. 240.117 Criteria for consideration of operating rules compliance data. 240.119 Criteria for consideration of data on substance abuse disorders and alcohol/drug rules compliance. 240.121 Criteria for vision and hearing acuity data. 240.123 Criteria for initial and continuing education. 240.125 Criteria for testing knowledge. 240.127 Criteria for examining skill performance. 240.129 Criteria for monitoring operational performance of certified engineers. Subpart C_Implementation of the Certification Process 240.201 Schedule for implementation. 240.203 Determinations required as a prerequisite to certification. 240.205 Procedures for determining eligibility based on prior safety conduct. 240.207 Procedures for making the determination on vision and hearing acuity. 240.209 Procedures for making the determination on knowledge. 240.211 Procedures for making the determination on performance skills. 240.213 Procedures for making the determination on completion of training program. 240.215 Retaining information supporting determinations. 240.217 Time limitations for making determinations. 240.219 Denial of certification. 240.221 Identification of qualified persons. 240.223 Criteria for the certificate. 240.225 Reliance on qualification determinations made by other railroads. 240.227 Reliance on qualification requirements of other countries. 240.229 Requirements for joint operations territory. 240.231 Requirements for locomotive engineers unfamiliar with physical characteristics in other than joint operations. Subpart D_Administration of the Certification Programs 240.301 Replacement of certificates. 240.303 Operational monitoring requirements. 240.305 Prohibited conduct. 240.307 Revocation of certification. 240.309 Railroad oversight responsibilities. Subpart E_Dispute Resolution Procedures 240.401 Review board established. 240.403 Petition requirements. 240.405 Processing qualification review petitions. 240.407 Request for a hearing. 240.409 Hearings. 240.411 Appeals. Appendix A to Part 240--Schedule of Civil Penalties Appendix B to Part 240--Procedures for Submission and Approval of Locomotive Engineer Qualification Programs Appendix C to Part 240--Procedures for Obtaining and Evaluating Motor Vehicle Driving Record Data Appendix D to Part 240--Identification of State Agencies that Perform National Driver Register Checks Appendix E to Part 240--Recommended Procedures for Conducting Skill Performance Tests Appendix F to Part 240--Medical Standards Guidelines Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49. Source: 56 FR 28254, June 19, 1991, unless otherwise noted. (a) The purpose of this part is to ensure that only qualified persons operate a locomotive or train. (b) This part prescribes minimum Federal safety standards for the eligibility, training, testing, certification and monitoring of all locomotive engineers to whom it applies. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. (c) The qualifications for locomotive engineers prescribed in this part are pertinent to any person who operates a locomotive, unless that person is specifically excluded by a provision of this [[Page 730]] part, regardless of the fact that a person may have a job classification title other than that of locomotive engineer. [56 FR 28254, June 19, 1991, as amended at 64 FR 60988, Nov. 8, 1999]