[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: 49CFR240.109]



[Page 751]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

 

        Subpart B_Component Elements of the Certification Process

 

Sec.  240.109  General criteria for eligibility based on prior safety 



conduct.



    (a) Each railroad's program shall include criteria and procedures to 

implement this section.

    (b) A railroad shall evaluate the prior safety conduct of any person 

it is considering for qualification as a locomotive engineer and the 

program shall require that a person is ineligible if the person has an 

adverse record of prior safety conduct as provided for in Sec.  240.115, 

Sec.  240.117, or Sec.  240.119.

    (c) The program shall require evaluation of data which reflect the 

person's prior safety conduct as a railroad employee and the person's 

prior safety conduct as an operator of a motor vehicle, provided that 

there is relevant prior conduct. The information to be evaluated shall 

include:

    (1) The relevant data furnished from the evaluating railroad's own 

records, if the person was previously an employee of that railroad;

    (2) The relevant data furnished by any other railroad formerly 

employing the person; and

    (3) The relevant data furnished by any governmental agency with 

pertinent motor vehicle driving records.

    (d) The railroad's process for evaluating information concerning 

prior safety conduct shall be designed to conform wherever necessary 

with the procedural requirements of Sec.  240.111, Sec.  240.113, Sec.  

240.115, Sec.  240.117, Sec.  240.119, and Sec.  240.217.

    (e) When eva1uating a person's motor vehicle driving record or a 

person's railroad employment record, a railroad shall not consider 

information concerning motor vehicle driving incidents or prior railroad 

safety conduct that

    (1) Occurred prior to the effective date of this rule; or

    (2) Occurred at a time other than that specifically provided for in 

Sec.  240.115, Sec.  240.117 or Sec.  240.119 of this subpart.

    (f) A railroad's program shall provide a candidate for certification 

or recertification a reasonable opportunity to review and comment in 

writing on any record which contains information concerning the person's 

prior safety conduct, including information pertinent to determinations 

required under Sec.  240.119 of this subpart, if the railroad believes 

the record contains information that could be sufficient to render the 

person ineligible for certification under this subpart.

    (g) The opportunity for comment shall be afforded to the person 

prior to the railroad's rendering its eligibility decision based on that 

information. Any responsive comment furnished shall be retained by the 

railroad in accordance with Sec.  240.215 of this part.

    (h) The program shall include a method for a person to advise the 

railroad that he or she has never been a railroad employee or obtained a 

license to drive a motor vehicle. Nothing in this section shall be 

construed as imposing a duty or requirement that a person have prior 

railroad employment experience or obtain a motor vehicle driver's 

license in order to become a certified locomotive engineer.

    (i) Nothing in this section, Sec.  240.111, or Sec.  240.113 shall 

be construed to prevent persons subject to this part from entering into 

an agreement that results in a railroad's obtaining the information 

needed for compliance with this subpart in a different manner than that 

prescribed in Sec.  240.111 or Sec.  240.113.



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