[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: 49CFR240.7]



[Page 730-733]

 

                        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. 240.7  Definitions.



    As used in this part--

    Administrator means the Administrator of the Federal Railroad 

Administration or the Administrator's delegate.

    Alcohol means ethyl alcohol (ethanol) and includes use or possession 

of any beverage, mixture, or preparation containing ethyl alcohol.

    Controlled Substance has the meaning assigned by 21 U.S.C. 802 and 

includes all substances listed on Schedules I through V as they may be 

revised from time to time (21 CFR parts 1301-1316).

    Current Employee is any employee with at least one year of 

experience in transportation service on a railroad.

    Designated Supervisor of Locomotive Engineers is a person designated 

as such by a railroad in accordance with the provisions of Sec. 240.105 

of this part.

    Drug means any substance (other than alcohol) that has known mind or 

function-altering effects on a human subject, specifically including any



[[Page 731]]



psychoactive substance and including, but not limited to, controlled 

substances.

    Dual purpose vehicle means a piece of on-track equipment that is 

capable of moving railroad rolling stock and may also function as 

roadway maintenance equipment.

    EAP Counselor means a person qualified by experience, education, or 

training to counsel people affected by substance abuse problems and to 

evaluate their progress in recovering from or controlling such problems. 

An EAP Counselor can be a qualified full-time salaried employee of a 

railroad, a qualified practitioner who contracts with the railroad on a 

fee-for-service or other basis, or a qualified physician designated by 

the railroad to perform functions in connection with alcohol or 

substance abuse evaluation or counseling. As used in this rule, the EAP 

Counselor owes a duty to the railroad to make an honest and fully 

informed evaluation of the condition and progress of an employee.

    File, filed and filing mean submission of a document under this part 

on the date when the Docket Clerk receives it, or if sent by mail on or 

after September 4, 2001, the date mailing was completed.

    FRA means the Federal Railroad Administration.

    FRA Representative means the Associate Administrator for Safety, 

FRA, and the Associate Administrator's delegate, including any safety 

inspector employed by the Federal Railroad Administration and any 

qualified state railroad safety inspector acting under part 212 of this 

chapter.

    Instructor Engineer means a person who

    (1) Is a qualified locomotive engineer under this part,

    (2) Has been selected by the railroad to teach others proper train 

handling procedures, and

    (3) Has demonstrated an adequate knowledge of the subjects under 

instruction.

    Joint Operations means rail operations conducted by more than one 

railroad on the same track regardless of whether such operations are the 

result of--

    (1) Contractual arrangement between the railroads,

    (2) Order of a governmental agency or a court of law, or

    (3) Any other legally binding directive.

    Knowingly means having actual knowledge of the facts giving rise to 

the violation or that a reasonable person acting in the circumstances, 

exercising due care, would have had such knowledge.

    Locomotive means a piece of on-track equipment (other than 

specialized roadway maintenance equipment or a dual purpose vehicle 

operating in accordance with Sec. 240.104(a)(2)):

    (1) With one or more propelling motors designed for moving other 

equipment;

    (2) With one or more propelling motors designed to carry freight or 

passenger traffic or both; or

    (3) Without propelling motors but with one or more control stands.

    Locomotive engineer means any person who moves a locomotive or group 

of locomotives regardless of whether they are coupled to other rolling 

equipment except:

    (1) A person who moves a locomotive or group of locomotives within 

the confines of a locomotive repair or servicing area as provided for in 

49 CFR 218.5(f) and 218.29(a)(1); or

    (2) A person who moves a locomotive or group of locomotives for 

distances of less than 100 feet and this incidental movement of a 

locomotive or locomotives is for inspection or maintenance purposes.

    Main track means a track upon which the operation of trains is 

governed by one or more of the following methods of operation: 

timetable; mandatory directive; signal indication; or any form of 

absolute or manual block system.

    Medical examiner means a person licensed as a doctor of medicine or 

doctor of osteopathy. A medical examiner can be a qualified full-time 

salaried employee of a railroad, a qualified practitioner who contracts 

with the railroad on a fee-for-service or other basis, or a qualified 

practitioner designated by the railroad to perform functions in 

connection with medical evaluations of employees. As used in this rule, 

the medical examiner owes a



[[Page 732]]



duty to the railroad to make an honest and fully informed evaluation of 

the condition of an employee.

    Newly hired employee is any person who is hired with no prior 

railroad experience, or one with less than one year of experience in 

transportation service on that railroad or another railroad.

    Person means an entity of any type covered under 1 U.S.C. 1, 

including but not limited to the following: a railroad; a manager, 

supervisor, official, or other employee or agent of a railroad; any 

owner, manufacturer, lessor, or lessee of railroad equipment, track, or 

facilities; any independent contractor providing goods or services to a 

railroad; and any employee of such owner, manufacturer, lessor, lessee, 

or independent contractor.

    Qualified means a person who has passed all appropriate training and 

testing programs required by the railroad and this part and who, 

therefore, has actual knowledge or may reasonably be expected to have 

knowledge of the subject on which the person is qualified.

    Railroad means any form of nonhighway ground transportation that 

runs on rails or electromagnetic guideways and any entity providing such 

transportation, including

    (1) Commuter or other short-haul railroad passenger service in a 

metropolitan or suburban area and commuter railroad service that was 

operated by the Consolidated Rail Corporation on January 1, 1979; and

    (2) High speed ground transportation systems that connect 

metropolitan areas, without regard to whether those systems use new 

technologies not associated with traditional railroads; but does not 

include rapid transit operations in an urban area that are not connected 

to the general railroad system of transportation.

    Railroad Officer means any supervisory employee of a railroad.

    Railroad rolling stock is on-track equipment that is either a 

freight car (as defined in Sec. 215.5 of this chapter) or a passenger 

car (as defined in Sec. 238.5 of this chapter).

    Roadway maintenance equipment is on-track equipment powered by any 

means of energy other than hand power which is used in conjunction with 

maintenance, repair, construction or inspection of track, bridges, 

roadway, signal, communications, or electric traction systems.

    Segment means any portion of a railroad assigned to the supervision 

of one superintendent or equivalent transportation officer.

    Service has the meaning given in Rule 5 of the Federal Rules of 

Civil Procedure as amended. Similarly, the computation of time 

provisions in Rule 6 of the Federal Rules of Civil Procedure as amended 

are also applicable in this part. See also the definition of ``filing'' 

in this section.

    Specialized roadway maintenance equipment is roadway maintenance 

equipment that does not have the capability to move railroad rolling 

stock. Any alteration of such equipment that enables it to move railroad 

rolling stock will require that the equipment be treated as a dual 

purpose vehicle.

    Substance abuse disorder refers to a psychological or physical 

dependence on alcohol or a drug or another identifiable and treatable 

mental or physical disorder involving the abuse of alcohol or drugs as a 

primary manifestation. A substance abuse disorder is ``active'' within 

the meaning of this part if the person (1) is currently using alcohol 

and other drugs, except under medical supervision consistent with the 

restrictions described in Sec. 219.103 of this chapter or (2) has 

failed to successfully complete primary treatment or successfully 

participate in aftercare as directed by an EAP Counselor.

    Type I Simulator means a replica of the control compartment of a 

locomotive with all associated control equipment that:

    (1) Functions in response to a person's manipulation and causes the 

gauges associated with such controls to appropriately respond to the 

consequences of that manipulation;

    (2) Pictorially, audibly and graphically illustrates the route to be 

taken;

    (3) Graphically, audibly, and physically illustrates the 

consequences of control manipulations in terms of their effect on train 

speed, braking capacity, and in-train force levels throughout the train; 

and



[[Page 733]]



    (4) Is computer enhanced so that it can be programmed for specific 

train consists and the known physical characteristics of the line 

illustrated.

    Type II Simulator means a replica of the control equipment for a 

locomotive that:

    (1) Functions in response to a person's manipulation and causes the 

gauges associated with such controls to appropriately respond to the 

consequences of that manipulation;

    (2) Pictorially, audibly, and graphically illustrates the route to 

be taken;

    (3) Graphically and audibly illustrates the consequences of control 

manipulations in terms of their effect on train speed braking capacity, 

and in-train force levels throughout the train; and

    (4) Is computer enhanced so that it can be programmed for specific 

train consists and the known physical characteristics of the line 

illustrated.

    Type III Simulator means a replica of the control equipment for a 

locomotive that:

    (1) Functions in response to a person's manipulation and causes the 

gauges associated with such controls to appropriately respond to the 

consequences of that manipulation;

    (2) Graphically illustrates the route to be taken;

    (3) Graphically illustrates the consequences of control 

manipulations in terms of their effect on train speed braking capacity, 

and in-train force levels throughout the train; and

    (4) Is computer enhanced so that it can be programmed for specific 

train consists and the known physical characteristics of the line 

illustrated.



[56 FR 28254, June 19, 1991, as amended at 58 FR 19002, Apr. 9, 1993; 60 

FR 53136, Oct. 12, 1995; 64 FR 60989, Nov. 8, 1999; 65 FR 58483, Sept. 

29, 2000; 67 FR 24, Jan. 2, 2002]