[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: 49CFR240.229]



[Page 768-769]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

 

          Subpart C_Implementation of the Certification Process

 

Sec.  240.229  Requirements for joint operations territory.



    (a) Except for minimal joint operations provided for in paragraph 

(f) of this section, no railroad that is responsible for controlling the 

conduct of joint operations with another railroad shall permit or 

require any person to operate a locomotive in any class of train or 

engine service unless that person has been certified as a qualified 

locomotive engineer for the purposes of joint operations and issued a 

certificate that complies with Sec.  240.223.

    (b) Each railroad that is responsible for controlling the conduct of 

joint operations with another railroad shall certify a person as a 

qualified locomotive engineer for the purposes of joint operations 

either by making the determinations required under subpart C of this 

part or by relying on the certification issued by another railroad under 

this part.

    (c) A railroad that controls joint operations may rely on the 

certification issued by another railroad under the following conditions:

    (1) The controlling railroad shall determine:

    (i) That the person has been certified as a qualified engineer under 

the provisions of this part by the railroad which employs that 

individual;

    (ii) That the person certified as a locomotive engineer by the other 

railroad has demonstrated the necessary knowledge concerning the 

controlling railroad's operating rules, if the rules are different;

    (iii) That the person certified as a locomotive engineer by the 

other railroad has the necessary operating skills concerning the joint 

operations territory; and

    (iv) That the person certified as a locomotive engineer by the other 

railroad has the necessary familiarity with the physical characteristics 

for the joint operations territory; and,

    (2) The railroad which employs the individual shall determine that 

the person called to operate on the controlling railroad is a certified 

engineer who



[[Page 769]]



is qualified to operate on that track segment; and

    (3) Each locomotive engineer who is called to operate on another 

railroad shall:

    (i) Be qualified on the segment of track upon which he or she will 

operate in accordance with the requirements set forth by the controlling 

railroad; and,

    (ii) Immediately notify the railroad upon which he or she is 

employed if he or she is not qualified to perform that service.

    (d) A railroad that controls joint operations and certifies 

locomotive engineers from a different railroad may comply with the 

requirements of paragraph (a) of this section by noting its supplemental 

certification decision on the original certificate as provided for in 

Sec.  240.223(c).

    (e) A railroad responsible for controlling the conduct of joint 

operations with another railroad shall be deemed to be in compliance 

with paragraph (a) of this section when it provides a qualified person 

to accompany a locomotive engineer who lacks joint operations 

certification during that engineer's operations in joint operations 

territory. As used in this section qualified person means either a 

designated supervisor of locomotive engineers or a certified train 

service engineer determined by the controlling railroad to have the 

necessary knowledge concerning the controlling railroad's operating 

rules and to have the necessary operating skills including familiarity 

with its physical characteristics concerning the joint operations 

territory.

    (f) A railroad that is responsible for controlling the conduct of 

joint operations with another railroad may permit a certified locomotive 

engineer to operate a locomotive in any class of train or engine service 

without determining that the person has been certified as a qualified 

locomotive engineer for the purposes of joint operations when a minimal 

joint operation is involved. For the purposes of this section a minimal 

joint operation exists when a locomotive or train belonging to one 

railroad is being operated on the same track on which operations are 

conducted by the railroad controlling operations, under the following 

conditions:

    (1) The maximum authorized speed for operations on the track does 

not exceed 20 miles per hour;

    (2) The track is other than a main track;

    (3) Operations are conducted under operating rules that require 

every locomotive and train to proceed at a speed that permits stopping 

within one half the range of vision of the locomotive engineer; and

    (4) The maximum distance for joint operations on the track does not 

exceed one mile.



[56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 64 

FR 60993, Nov. 8, 1999]