[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR222.21]



[Page 271-272]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE 

 

                    Subpart B_Use of Locomotive Horns

 

Sec.  222.21  When must a locomotive horn be used?





    (a) Except as provided in this part, the locomotive horn on the lead 

locomotive of a train, lite locomotive consist, individual locomotive or 

lead cab car shall be sounded when such locomotive or lead cab car is 

approaching a public highway-rail grade crossing. Sounding of the 

locomotive horn with two long blasts, one short blast and one long blast 

shall be initiated at a location so as to be in accordance with 

paragraph (b) of this section and shall be repeated or prolonged until 

the locomotive occupies the crossing. This pattern may be varied as 

necessary where crossings are spaced closely together.

    (b)(1) Railroads to which this part applies shall comply with all 

the requirements contained in this paragraph (b) beginning on December 

15, 2006. On and after June 24, 2005, but prior to December 15, 2006, a 

railroad shall, at its option, comply with this section or shall sound 

the locomotive horn in the manner required by State law, or in the 

absence of State law, in the manner required by railroad operating rules 

in effect immediately prior to June 24, 2005.

    (2) Except as provided in paragraphs (b)(3) and (d) of this section, 

or when the locomotive horn is defective and the locomotive is being 

moved for repair consistent with section 229.9 of this chapter, the 

locomotive horn shall begin to be sounded at least 15 seconds, but no 

more than 20 seconds, before the locomotive enters the crossing. It 

shall not constitute a violation of this section if, acting in good 

faith, a locomotive engineer begins sounding the locomotive horn not 

more than 25 seconds before the locomotive enters the crossing, if the 

locomotive engineer is unable to precisely estimate the time of arrival 

of the train at the crossing for whatever reason.



[[Page 272]]



    (3) Trains, locomotive consists and individual locomotives traveling 

at speeds in excess of 60 mph shall not begin sounding the horn more 

than one-quarter mile (1,320 feet) in advance of the nearest public 

highway-rail grade crossing, even if the advance warning provided by the 

locomotive horn will be less than 15 seconds in duration.

    (c) As stated in Sec.  222.3(c) of this part, this section does not 

apply to any Chicago Region highway-rail grade crossing at which 

railroads were excused from sounding the locomotive horn by the Illinois 

Commerce Commission, and where railroads did not sound the horn, as of 

December 18, 2003.

    (d) Trains, locomotive consists and individual locomotives that have 

stopped in close proximity to a public highway-rail grade crossing may 

approach the crossing and sound the locomotive horn for less than 15 

seconds before the locomotive enters the highway-rail grade crossing, if 

the locomotive engineer is able to determine that the public highway-

rail grade crossing is not obstructed and either:

    (1) The public highway-rail grade crossing is equipped with 

automatic flashing lights and gates and the gates are fully lowered; or

    (2) There are no conflicting highway movements approaching the 

public highway-rail grade crossing.

    (e) Where State law requires the sounding of a locomotive audible 

warning device other than the locomotive horn at public highway-rail 

grade crossings, that locomotive audible warning device shall be sounded 

in accordance with paragraphs (b) and (d) of this section.