[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: 49CFR222.23]



[Page 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.  222.23  How does this regulation affect sounding of a horn during 



an emergency or other situations?



    (a)(1) Notwithstanding any other provision of this part, a 

locomotive engineer may sound the locomotive horn to provide a warning 

to animals, vehicle operators, pedestrians, trespassers or crews on 

other trains in an emergency situation if, in the locomotive engineer's 

sole judgment, such action is appropriate in order to prevent imminent 

injury, death, or property damage.

    (2) Notwithstanding any other provision of this part, including 

provisions addressing the establishment of a quiet zone, limits on the 

length of time in which a horn may be sounded, or installation of 

wayside horns within quiet zones, this part does not preclude the 

sounding of locomotive horns in emergency situations, nor does it impose 

a legal duty to sound the locomotive horn in such situations.

    (b) Nothing in this part restricts the use of the locomotive horn in 

the following situations:

    (1) When a wayside horn is malfunctioning;

    (2) When active grade crossing warning devices have malfunctioned 

and use of the horn is required by one of the following sections of this 

chapter: Sec. Sec.  234.105, 234.106, or 234.107;

    (3) When grade crossing warning systems are temporarily out of 

service during inspection, maintenance, or testing of the system; or

    (4) When SSMs, modified SSMs or engineering SSMs no longer comply 

with the requirements set forth in appendix A of this part or the 

conditions contained within the Associate Administrator's decision to 

approve the quiet zone in accordance with section 222.39(b) of this 

part.

    (c) Nothing in this part restricts the use of the locomotive horn 

for purposes other than highway-rail crossing safety (e.g., to announce 

the approach of a train to roadway workers in accordance with a program 

adopted under part 214 of this chapter, or where required for other 

purposes under railroad operating rules).