[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: 49CFR240.209]



[Page 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. 240.209  Procedures for making the determination on knowledge.



    (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 train or 

locomotive service, shall determine that the person has, in accordance 

with the requirements of Sec. 240.125 of this part, demonstrated 

sufficient knowledge of the railroad's rules and practices for the safe 

operation of trains.

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

railroad shall have written documentation showing that the person either

    (i) Exhibited his or her knowledge by achieving a passing grade in 

testing that complies with this part or

    (ii) Did not achieve a passing grade in such testing.

    (c) If a person fails to achieve a passing score under the testing 

procedures required by this part no railroad shall permit or require 

that person to operate a locomotive as a locomotive or train service 

engineer prior to that person's achieving a passing score during a 

reexamination of his or her knowledge.