[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: 49CFR240.115]



[Page 753]

 

                        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.  240.115  Criteria for consideration of prior safety conduct as 



a motor vehicle operator.



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

for implementing this section.

    (b) When evaluating a person's motor vehicle driving record, a 

railroad shall not consider information concerning motor vehicle driving 

incidents that occurred more than 36 months before the month in which 

the railroad is making its certification decision and shall only 

consider information concerning the following types of motor vehicle 

incidents:

    (1) A conviction for, or completed state action to cancel, revoke, 

suspend, or deny a motor vehicle drivers license for, operating a motor 

vehicle while under the influence of or impaired by alcohol or a 

controlled substance;

    (2) A conviction for, or completed state action to cancel, revoke, 

suspend, or deny a motor vehicle driver's license for, refusal to 

undergo such testing as is required by State law when a law enforcement 

official seeks to determine whether a person is operating a vehicle 

while under the influence of alcohol or a controlled substance.

    (c) If such an incident is identified,

    (1) The railroad shall provide the data to the railroad's EAP 

Counselor, together with any information concerning the person's 

railroad service record, and shall refer the person for evaluation to 

determine if the person has an active substance abuse disorder;

    (2) The person shall cooperate in the evaluation and shall provide 

any requested records of prior counseling or treatment for review 

exclusively by the EAP Counselor in the context of such evaluation; and

    (3) If the person is evaluated as not currently affected by an 

active substance abuse disorder, the subject data shall not be 

considered further with respect to certification. However, the railroad 

shall, on recommendation of the EAP Counselor, condition certification 

upon participation in any needed aftercare and/or follow-up testing for 

alcohol or drugs deemed necessary by the EAP Counselor consistent with 

the technical standards specified in Sec.  240.119(d)(3) of this part.

    (4) If the person is evaluated as currently affected by an active 

substance abuse disorder, the person shall not be currently certified 

and the provisions of Sec.  240.119(b) will apply.