[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR646.109]

[Page 237]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 646_RAILROADS--Table of Contents
 
             Subpart A_Railroad-Highway Insurance Protection
 
Sec.  646.109  Types of coverage.

    (a) Coverage shall be limited to damage suffered by the railroad on 
account of occurrences arising out of the work of the contractor on or 
about the railroad right-of-way, independent of the railroad's general 
supervision or control, except as noted in Sec.  646.109(b) (4).
    (b) Coverage shall include:
    (1) Death of or bodily injury to passengers of the railroad and 
employees of the railroad not covered by State workmen's compensation 
laws;
    (2) Personal property owned by or in the care, custody or control of 
the railroads;
    (3) The contractor, or any of his agents or employees who suffer 
bodily injury or death as the result of acts of the railroad or its 
agents, regardless of the negligence of the railroad;
    (4) Negligence of only the following classes of railroad employees:
    (i) Any supervisory employee of the railroad at the job site;
    (ii) Any employee of the railroad while operating, attached to, or 
engaged on, work trains or other railroad equipment at the job site 
which are assigned exclusively to the contractor; or
    (iii) Any employee of the railroad not within (b)(4) (i) or (ii) who 
is specifically loaned or assigned to the work of the contractor for 
prevention of accidents or protection of property, the cost of whose 
services is borne specifically by the contractor or governmental 
authority.