[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.21]

[Page 284]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS--Table 
 
                    Subpart B_Use of Locomotive Horns
 
Sec.  222.21  When must a locomotive horn be used?


    (a) Except as provided in this part, the locomotive horn on the lead 
locomotive of a train, lite locomotive consist, individual locomotive or 
lead cab car shall be sounded when such locomotive or lead cab car is 
approaching a public highway-rail grade crossing. Sounding of the 
locomotive horn with two long blasts, one short blast and one long blast 
shall be initiated at a location so as to be in accordance with 
paragraph (b) of this section and shall be repeated or prolonged until 
the locomotive occupies the crossing. This pattern may be varied as 
necessary where crossings are spaced closely together.
    (b)(1) Railroads to which this part applies shall comply with all 
the requirements contained in this paragraph (b) beginning on December 
15, 2006. On and after June 24, 2005, but prior to December 15, 2006, a 
railroad shall, at its option, comply with this section or shall sound 
the locomotive horn in the manner required by State law, or in the 
absence of State law, in the manner required by railroad operating rules 
in effect immediately prior to June 24, 2005.
    (2) Except as provided in paragraphs (b)(3) and (d) of this section, 
or when the locomotive horn is defective and the locomotive is being 
moved for repair consistent with section 229.9 of this chapter, the 
locomotive horn shall begin to be sounded at least 15 seconds, but no 
more than 20 seconds, before the locomotive enters the crossing. It 
shall not constitute a violation of this section if, acting in good 
faith, a locomotive engineer begins sounding the locomotive horn not 
more than 25 seconds before the locomotive enters the crossing, if the 
locomotive engineer is unable to precisely estimate the time of arrival 
of the train at the crossing for whatever reason.
    (3) Trains, locomotive consists and individual locomotives traveling 
at speeds in excess of 60 mph shall not begin sounding the horn more 
than one-quarter mile (1,320 feet) in advance of the nearest public 
highway-rail grade crossing, even if the advance warning provided by the 
locomotive horn will be less than 15 seconds in duration.
    (c) As stated in Sec.  222.3(c) of this part, this section does not 
apply to any Chicago Region highway-rail grade crossing at which 
railroads were excused from sounding the locomotive horn by the Illinois 
Commerce Commission, and where railroads did not sound the horn, as of 
December 18, 2003.
    (d) Trains, locomotive consists and individual locomotives that have 
stopped in close proximity to a public highway-rail grade crossing may 
approach the crossing and sound the locomotive horn for less than 15 
seconds before the locomotive enters the highway-rail grade crossing, if 
the locomotive engineer is able to determine that the public highway-
rail grade crossing is not obstructed and either:
    (1) The public highway-rail grade crossing is equipped with 
automatic flashing lights and gates and the gates are fully lowered; or
    (2) There are no conflicting highway movements approaching the 
public highway-rail grade crossing.
    (e) Where State law requires the sounding of a locomotive audible 
warning device other than the locomotive horn at public highway-rail 
grade crossings, that locomotive audible warning device shall be sounded 
in accordance with paragraphs (b) and (d) of this section.

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