[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: 49CFR240.121]



[Page 743-744]

 

                        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. 240.121  Criteria for vision and hearing acuity data.



    (a) Each railroad's program shall include criteria and procedures 

implementing this section.

    (b) Fitness requirement. In order to be currently certified as a 

locomotive engineer, except as permitted by paragraph (e) of this 

section, a person's vision and hearing shall meet or exceed the 

standards prescribed in this section and appendix F to this part. It is 

recommended that each test conducted pursuant to this section should be 

performed according to any directions supplied by the manufacturer of 

such test and any American National Standards Institute (ANSI) standards 

that are applicable.

    (c) Except as provided in paragraph (e), each person shall have 

visual acuity that meets or exceeds the following thresholds:

    (1) For distant viewing either

    (i) Distant visual acuity of at least 20/40 (Snellen) in each eye 

without corrective lenses or

    (ii) Distant visual acuity separately corrected to at least 20/40 

(Snellen) with corrective lenses and distant binocular acuity of at 

least 20/40 (Snellen) in both eyes with or without corrective lenses;

    (2) A field of vision of at least 70 degrees in the horizontal 

meridian in each eye; and

    (3) The ability to recognize and distinguish between the colors of 

railroad signals as demonstrated by successfully completing one of the 

tests in appendix F to this part.

    (d) Except as provided in paragraph (e) of this section, each person 

shall have hearing acuity that meets or exceeds the following thresholds 

when tested by use of an audiometric device (calibrated to American 

National Standard Specification for Audiometers, S3.6-1969): the person 

does not have an average hearing loss in the better ear greater than 40 

decibels at 500Hz, 1,000 Hz, and 2,000 Hz with or without use of a 

hearing aid.

    (e) A person not meeting the thresholds in paragraphs (c) and (d) of 

this section shall, upon request, be subject to further medical 

evaluation by a railroad's medical examiner to determine that person's 

ability to safely operate a locomotive. In accordance with the guidance 

prescribed in appendix F to this part, a person is entitled to one 

retest without making any showing and to another retest if the person 

provides evidence substantiating that circumstances have changed since 

the last test to the extent that the person could now arguably operate a 

locomotive or train safely. The railroad shall provide its medical 

examiner with a copy of this part, including all appendices. If, after 

consultation with one of the railroad's designated supervisors of 

locomotive engineers, the medical examiner concludes that, despite not 

meeting the threshold(s) in paragraphs (c) and (d) of this section, the 

person has the ability to safely operate a locomotive, the person may be 

certified as



[[Page 744]]



a locomotive engineer and such certification conditioned on any special 

restrictions the medical examiner determines in writing to be necessary.

    (f) As a condition of maintaining certification, each certified 

locomotive engineer shall notify his or her employing railroad's medical 

department or, if no such department exists, an appropriate railroad 

official if the person's best correctable vision or hearing has 

deteriorated to the extent that the person no longer meets one or more 

of the prescribed vision or hearing standards or requirements of this 

section. This notification is required prior to any subsequent operation 

of a locomotive or train which would require a certified locomotive 

engineer.



[56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999]