[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: 49CFR222.23]

[Page 285]
 
                        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.  222.23  How does this regulation affect sounding of a horn during an 

emergency or other situations?

    (a)(1) Notwithstanding any other provision of this part, a 
locomotive engineer may sound the locomotive horn to provide a warning 
to animals, vehicle operators, pedestrians, trespassers or crews on 
other trains in an emergency situation if, in the locomotive engineer's 
sole judgment, such action is appropriate in order to prevent imminent 
injury, death, or property damage.
    (2) Notwithstanding any other provision of this part, including 
provisions addressing the establishment of a quiet zone, limits on the 
length of time in which a horn may be sounded, or installation of 
wayside horns within quiet zones, this part does not preclude the 
sounding of locomotive horns in emergency situations, nor does it impose 
a legal duty to sound the locomotive horn in such situations.
    (b) Nothing in this part restricts the use of the locomotive horn in 
the following situations:
    (1) When a wayside horn is malfunctioning;
    (2) When active grade crossing warning devices have malfunctioned 
and use of the horn is required by one of the following sections of this 
chapter: Sec. Sec.  234.105, 234.106, or 234.107;
    (3) When grade crossing warning systems are temporarily out of 
service during inspection, maintenance, or testing of the system; or
    (4) When SSMs, modified SSMs or engineering SSMs no longer comply 
with the requirements set forth in appendix A of this part or the 
conditions contained within the Associate Administrator's decision to 
approve the quiet zone in accordance with section 222.39(b) of this 
part.
    (c) Nothing in this part restricts the use of the locomotive horn 
for purposes other than highway-rail crossing safety (e.g., to announce 
the approach of a train to roadway workers in accordance with a program 
adopted under part 214 of this chapter, or where required for other 
purposes under railroad operating rules).