[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: 49CFR240.303]



[Page 755]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

         Subpart D_Administration of the Certification Programs

 

Sec. 240.303  Operational monitoring requirements.



    (a) After December 31, 1991, each railroad to which this part 

applies shall, prior to FRA approval of its program in accordance with 

Sec. 240.201, have a program to monitor the conduct of its certified 

locomotive engineers by performing both operational monitoring 

observations and by conducting unannounced operating rules compliance 

tests.

    (b) The program shall be conducted so that each locomotive engineer 

shall be given at least one operational monitoring observation by a 

qualified supervisor of locomotive engineers in each calendar year.

    (c) The program shall be conducted so that each locomotive engineer 

shall be given at least one unannounced compliance test each calendar 

year.

    (d) The unannounced test program shall:

    (1) Test engineer compliance with one or more provisions of the 

railroad's operating rules that require response to signals that display 

less than a ``clear'' aspect, if the railroad operates with a signal 

system that must comply with part 236 of this chapter;

    (2) Test engineer compliance with one or more provisions of the 

railroad's operating rules, timetable or other mandatory directives that 

require affirmative response by the locomotive engineer to less 

favorable conditions than that which existed prior to initiation of the 

test;

    (3) Test engineer compliance with provisions of the railroad's 

operating rules, timetable or other mandatory directives the violations 

of which by engineers were cited by the railroad as the cause of train 

accidents or train incidents in accident reports filed in compliance 

with part 225 of this chapter for the preceding year;

    (4) Be conducted that so that the administration of these tests is 

effectively distributed throughout whatever portion of a 24-hour day 

that the railroad conducts its operations;

    (5) Be conducted so that individual tests are administered without 

prior notice to the locomotive engineer being tested; and

    (6) Be conducted so that the results of the test are recorded on the 

certificate and entered on the record established under Sec. 240.215 

within 30 days of the day the test is administered.