[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: 49CFR240.305]



[Page 755-756]

 

                        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. 240.305  Prohibited conduct.



    After December 31, 1991,

    (a) It shall be unlawful to:

    (1) Operate a locomotive or train past a signal indication, 

excluding a hand or a radio signal indication or a switch, that requires 

a complete stop before passing it; or

    (2) Operate a locomotive or train at a speed which exceeds the 

maximum authorized limit by at least 10 miles per hour. Where restricted 

speed is in effect, only those violations of the conditional clause of 

restricted speed rules (i.e., the clause that requires stopping within 

one half of the locomotive engineer's range of vision), or the 

operational equivalent thereof, which cause reportable accidents or 

incidents under part 225 of this chapter, shall be considered instances 

of failure to adhere to this section; or

    (3) Operate a locomotive or train without adhering to procedures for 

the safe use of train or engine brakes when



[[Page 756]]



the procedures are required for compliance with the initial terminal, 

intermediate terminal, or transfer train and yard test provisions of 49 

CFR part 232 or when the procedures are required for compliance with the 

class 1, class 1A, class II, or running brake test provisions of 49 CFR 

part 238;

    (4) Fail to comply with any mandatory directive concerning the 

movement of a locomotive or train by occupying main track or a segment 

of main track without proper authority or permission;

    (5) Fail to comply with prohibitions against tampering with 

locomotive mounted safety devices, or knowingly operate or permit to be 

operated a train with an unauthorized disabled safety device in the 

controlling locomotive. (See 49 CFR part 218, subpart D, and appendix C 

to part 218);

    (6) Be a Designated Supervisor of Locomotive Engineers, a certified 

locomotive engineer pilot or an instructor engineer who is monitoring, 

piloting or instructing a locomotive engineer and fails to take 

appropriate action to prevent a violation of paragraphs (a)(1) through 

(a)(5) of this section. Appropriate action does not mean that a 

supervisor, pilot or instructor must prevent a violation from occurring 

at all costs; the duty may be met by warning an engineer of a potential 

or foreseeable violation. A Designated Supervisor of Locomotive 

Engineers will not be held culpable under this section when this 

monitoring event is conducted as part of the railroad's operational 

compliance tests as defined in Sec. Sec. 217.9 and 240.303 of this 

chapter.

    (b) Each locomotive engineer who has received a certificate required 

under this part shall:

    (1) Have that certificate in his or her possession while on duty as 

an engineer; and

    (2) Display that certificate upon the receipt of a request to do so 

from

    (i) A representative of the Federal Railroad Administration,

    (ii) An officer of the issuing railroad, or

    (iii) An officer of another railroad when operating a locomotive or 

train in joint operations territory.

    (c) Any locomotive engineer who is notified or called to operate a 

locomotive or train and such operation would cause the locomotive 

engineer to exceed certificate limitations, set forth in accordance with 

subpart B of this part, shall immediately notify the railroad that he or 

she is not qualified to perform that anticipated service and it shall be 

unlawful for the railroad to require such service.

    (d) During the duration of any certification interval, a locomotive 

engineer who has a current certificate from more than one railroad shall 

immediately notify the other certifying railroad(s) if he or she is 

denied recertification by a railroad or has his or her certification 

revoked by a railroad.

    (e) Nothing in this section shall be deemed to alter a certified 

locomotive engineer's duty to comply with other provisions of this 

chapter concerning railroad safety.



[56 FR 28254, June 19, 1991, as amended at 58 FR 19004, Apr. 9, 1993; 64 

FR 60993, Nov. 8, 1999]