[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: 49CFR240.5]



[Page 730]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

                            Subpart A_General

 

Sec. 240.5  Preemptive effect and construction.



    (a) Under 49 U.S.C. 20106, issuance of the regulations in this part 

preempts any State law, regulation, or order covering the same subject 

matter, except an additional or more stringent law, regulation, or order 

that is necessary to eliminate or reduce an essentially local safety 

hazard; is not incompatible with a law, regulation, or order of the 

United States Government; and does not impose an unreasonable burden on 

interstate commerce.

    (b) FRA does not intend by issuance of these regulations to preempt 

provisions of State criminal law that impose sanctions for reckless 

conduct that leads to actual loss of life, injury, or damage to 

property, whether such provisions apply specifically to railroad 

employees or generally to the public at large.

    (c) FRA does not intend, by use of the term locomotive engineer in 

this part, to preempt or otherwise alter the terms, conditions, or 

interpretation of existing collective bargaining agreements that employ 

other job classification titles when identifying persons authorized by a 

railroad to operate a locomotive.

    (d) FRA does not intend by issuance of these regulations to preempt 

or otherwise alter the authority of a railroad to initiate disciplinary 

sanctions against its employees, including managers and supervisors, in 

the normal and customary manner, including those contained in its 

collective bargaining agreements.

    (e) Nothing in this part shall be construed to create or prohibit an 

eligibility or entitlement to employment in other service for the 

railroad as a result of denial, suspension, or revocation of 

certification under this part.

    (f) Nothing in this part shall be deemed to abridge any additional 

procedural rights or remedies not inconsistent with this part that are 

available to the employee under a collective bargaining agreement, the 

Railway Labor Act, or (with respect to employment at will) at common law 

with respect to removal from service or other adverse action taken as a 

consequence of this part.



[56 FR 28254, June 19, 1991, as amended at 58 FR 19002, Apr. 9, 1993; 64 

FR 60988, Nov. 8, 1999]