[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: 49CFR240.104]



[Page 735]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

        Subpart B_Component Elements of the Certification Process

 

Sec. 240.104  Criteria for determining whether movement of roadway 

maintenance equipment or a dual purpose vehicle requires a certified 

locomotive engineer.



    (a) A railroad is not required to use a certified locomotive 

engineer to perform the following functions:

    (1) Operate specialized roadway maintenance equipment; or

    (2) Operate a dual purpose vehicle that is:

    (i) Being operated in conjunction with roadway maintenance and 

related maintenance of way functions, including traveling to and from 

the work site;

    (ii) Moving under authority of railroad operating rules designated 

for the movement of roadway maintenance equipment that ensure the 

protection of such equipment from train movements; and

    (iii) Being operated by an individual trained and qualified in 

accordance with Sec. Sec. 214.341, 214.343, and 214.355 of this 

chapter.

    (b) A railroad is required to use a certified locomotive engineer 

when operating a dual purpose vehicle other than in accordance with 

paragraph (a)(2) of this section.



[64 FR 60990, Nov. 8, 1999]