[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: 49CFR240.111]



[Page 752]

 

                        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.  240.111  Individual's duty to furnish data on prior safety 



conduct as motor vehicle operator.



    (a) Except for initial certifications under paragraph (b), (h), or 

(i) of Sec.  240.201 or for persons covered by Sec.  240.109(h), each 

person seeking certification or recertification under this part shall, 

within 366 days preceding the date of the railroad's decision on 

certification or recertification:

    (1) Take the actions required by paragraphs (b) through (f) or 

paragraph (g) of this section to make information concerning his or her 

driving record available to the railroad that is considering such 

certification or recertification; and

    (2) Take any additional actions, including providing any necessary 

consent required by State or Federal law to make information concerning 

his or her driving record available to that railroad.

    (b) Each person seeking certification or recertification under this 

part shall:

    (1) Request, in writing, that the chief of each driver licensing 

agency identified in paragraph (c) of this section provide a copy of 

that agency's available information concerning his or her driving record 

to the railroad that is considering such certification or 

recertification; and

    (2) Request, in accordance with the provisions of paragraph (d) or 

(e) of this section, that a check of the National Driver Register be 

performed to identify additional information concerning his or her 

driving record and that any resulting information be provided to that 

railroad.

    (c) Each person shall request the information required under 

paragraph (b)(1) of this section from:

    (1) The chief of the driver licensing agency which last issued that 

person a driver's license; and

    (2) The chief of the driver licensing agency of any other state or 

states that issued or reissued him or her a driver's license within the 

preceding five years.

    (d) Each person shall request the information required under 

paragraph (b)(2) of this section from the Chief, National Driver 

Register, National Highway Traffic Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590 in accordance with the procedures 

contained in appendix C unless the person's motor vehicle driving 

license was issued by one of the driver licensing agencies identified in 

appendix D.

    (e) If the person's motor vehicle driving license was issued by one 

of the driver licensing agencies identified in appendix D, the person 

shall request the chief of that driver licensing agency to perform a 

check of the National Driver Register for the possible existence of 

additional information concerning his or her driving record and to 

provide the resulting information to the railroad.

    (f) If advised by the railroad that a driver licensing agency or the 

National Highway Traffic Safety Administration has informed the railroad 

that additional information concerning that person's driving history may 

exist in the files of a state agency not previously contacted in 

accordance with this section, such person shall:

    (1) Request in writing that the chief of the state agency which 

compiled the information provide a copy of the available information to 

the prospective certifying railroad; and

    (2) Take any additional action required by State or Federal law to 

obtain that additional information.

    (g) Any person who has never obtained a motor vehicle driving 

license is not required to comply with the provisions of paragraph (b) 

of this section but shall notify the railroad of that fact in accordance 

with procedures of the railroad that comply with Sec.  240.109(d).

    (h) Each certified locomotive engineer or person seeking initial 

certification shall report motor vehicle incidents described in Sec.  

240.115 (b)(1) and (2) to the employing railroad within 48 hours of 

being convicted for, or completed state action to cancel, revoke, 

suspend, or deny a motor vehicle drivers license for, such violations. 

For the purposes of engineer certification, no railroad shall require 

reporting earlier than 48 hours after the conviction, or completed state 

action to cancel, revoke, or deny a motor vehicle drivers license.



[56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999]



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