[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: 49CFR240.207]



[Page 748-749]

 

                        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. 240.207  Procedures for making the determination on vision and 

hearing acuity.



    (a) After the pertinent date specified in paragraph (e), (f), or (g) 

of Sec. 240.201, each railroad, prior to initially certifying or 

recertifying any person as an engineer for any class of service, shall 

determine that the person meets the standards for visual acuity and 

hearing acuity prescribed in Sec. 240.121.

    (b) In order to make the determination required under paragraph (a), 

a railroad shall have on file either:

    (1) A medical examiner's certificate that the individual has been 

medically examined and meets these acuity standards; or

    (2) A written document from its medical examiner documenting his or 

her professional opinion that the person does not meet one or both 

acuity standards and stating the basis for his or her determination that

    (i) The person can nevertheless be certified under certain 

conditions or

    (ii) The person's acuity is such that he or she cannot safely 

operate a locomotive even with conditions attached.

    (c) Any examination required for compliance with this section shall 

be performed by or under the supervision of a medical examiner or a 

licensed physician's assistant such that:

    (1) A licensed optometrist or a technician responsible to that 

person may perform the portion of the examination that pertains to 

visual acuity; and



[[Page 749]]



    (2) A licensed or certified audiologist or a technician responsible 

to that person may perform the portion of the examination that pertains 

to hearing acuity.

    (d) If the examination required under this section discloses that 

the person needs corrective lenses or a hearing aid, or both, either to 

meet the threshold acuity levels established in Sec. 240.121 or to meet 

a lower threshold determined by the railroad's medical examiner to be 

sufficient to safely operate a locomotive or train on that railroad, 

that fact shall be noted on the certificate issued in accordance with 

the provisions of this part.

    (e) Any person with such a certificate notation shall use the 

relevant corrective device(s) while operating a locomotive in locomotive 

or train service unless the railroad's medical examiner subsequently 

determines in writing that the person can safely operate without using 

the device.