[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: 49CFR240.217]



[Page 751]

 

                        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. 240.217  Time limitations for making determinations.



    (a) After the pertinent date in paragraph (e), (f) or (g) of Sec. 

240.201, a railroad shall not certify or recertify a person as a 

qualified locomotive engineer in any class of train or engine service, 

if the railroad is making:

    (1) A determination concerning eligibility and the eligibility data 

being relied on were furnished more than 366 days before the date of the 

railroad's certification decision;

    (2) A determination concerning visual and hearing acuity and the 

medical examination being relied on was conducted more than 366 days 

before the date of the railroad's recertification decision;

    (3) A determination concerning demonstrated knowledge and the 

knowledge examination being relied on was conducted more than 366 days 

before the date of the railroad's certification decision; or

    (4) A determination concerning demonstrated performance skills and 

the performance skill testing being relied on was conducted more than 

366 days before the date of the railroad's certification decision;

    (b) The time limitations of paragraph (a) of this section do not 

apply to a railroad that is making a certification decision in reliance 

on determinations made by another railroad in accordance with paragraph 

(c)(2) of this section, Sec. 240.227, or Sec. 240.229.

    (c) Except as provided in Sec. 240.201 concerning implementation 

dates for initial certification decisions and paragraph (b) of this 

section, no railroad shall:

    (1) Certify a person as a qualified locomotive engineer for an 

interval of more than 36 months; or

    (2) Rely on a certification issued by another railroad that is more 

than 36 months old.

    (d) Except as provided for in Sec. 240.201 concerning initial 

implementation of the program, a railroad shall issue each person 

designated as a certified locomotive engineer a certificate that 

complies with Sec. 240.223 no later than 30 days from the date of its 

decision to certify or recertify that person.



[56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 60 

FR 53137, Oct. 12, 1995; 64 FR 60992, Nov. 8, 1999]