[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: 49CFR240.201]



[Page 746-747]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

          Subpart C_Implementation of the Certification Process

 

Sec. 240.201  Schedule for implementation.





    (a) After October 30, 1991, each railroad in operation on that date 

shall designate in writing any person(s) it deems qualified as a 

designated supervisor of locomotive engineers. Each person so designated 

shall have demonstrated to the railroad through training, testing or 

prior experience that he or she has the knowledge, skills, and ability 

to be a designated supervisor of locomotive engineers.



[[Page 747]]



    (b) No later than November 1, 1991, each railroad shall designate in 

writing all persons that it will deem to be qualified as certified 

locomotive engineers for the purpose of initial compliance with 

paragraph (d) of this section, except as provided for in paragraph (h) 

of this section.

    (1) Each person so designated shall have demonstrated to the 

railroad through training, testing or prior experience that he or she 

has the knowledge and skills to be a certified locomotive engineer.

    (2) Each railroad shall issue, no later than December 31, 1991, a 

certificate that complies with Sec. 240.223 to each person that it 

designates as qualified under the provisions of paragraph (b) of this 

section.

    (c) No railroad shall permit or require a person, designated as 

qualified for certification under the provisions of paragraph (b) of 

this section, to perform service as a certified locomotive or train 

service engineer for more than the 36-month period beginning on the 

pertinent date for compliance with the mandatory procedures for testing 

and evaluation set forth in the applicable provisions of paragraph (e), 

(f) or (g) of this section unless that person has been determined to be 

qualified in accordance with procedures that comply with subpart C.

    (d) After December 31, 1991, no railroad shall permit or require any 

person to operate a locomotive in any class of locomotive or train 

service unless that person has been certified as a qualified locomotive 

engineer and issued a certificate that complies with Sec. 240.223.

    (e) After December 31, 1991, no Class I railroad (including the 

National Railroad Passenger Corporation) or railroad providing commuter 

service shall designate any person it deems qualified as a designated 

supervisor of locomotive engineers or initially certify or recertify a 

person as a locomotive engineer in either locomotive or train service 

unless that person has been tested, evaluated, and determined to be 

qualified in accordance with procedures that comply with subpart C.

    (f) After May 31, 1992 no Class II railroad shall designate any 

person it deems qualified as a designated supervisor of locomotive 

engineers or initially certify or recertify a person as a locomotive 

engineer in any class of locomotive or train service unless that person 

has been tested, evaluated and determined to be qualified in accordance 

with procedures that comply with subpart C.

    (g) After November 30, 1992 no Class III railroad (including a 

switching and terminal or other railroad not otherwise classified) shall 

designate any person it deems qualified as a designated supervisor of 

locomotive engineers or initially certify or recertify a person as a 

locomotive engineer in any class of locomotive or train service unless 

that person has been tested, evaluated and determined to be qualified in 

accordance with procedures that comply with subpart C.

    (h) A railroad may continue to designate any person it deems 

qualified as a designated supervisor of locomotive engineers or as a 

certified engineer, on the basis of paragraph (b) determinations, prior 

to the pertinent date by which a railroad of its class must comply with 

the procedures for testing and evaluating persons required under subpart 

C. Each person designated as a locomotive engineer shall be issued a 

certificate that complies with Sec. 240.223 prior to being required or 

permitted to operate a locomotive.

    (i) A railroad commencing operations prior to the pertinent date for 

compliance by a railroad of its class may designate any person it deems 

qualified as a designated supervisor of locomotive engineers or as a 

certified locomotive engineer on the basis of paragraph (b) until the 

pertinent date for compliance with the procedures for testing and 

evaluating required under subpart C. Each person designated as a 

locomotive engineer shall be issued a certificate that complies with 

Sec. 240.223 prior to being required or permitted to operate a 

locomotive.