[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: 49CFR238.313]

[Page 742-744]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents
 
 Subpart D_Inspection, Testing, and Maintenance Requirements for Tier I 
                           Passenger Equipment
 
Sec.  238.313  Class I brake test.

    (a) Each commuter and short-distance intercity passenger train shall 
receive a Class I brake test once each calendar day that the train is 
placed or continues in passenger service.
    (b) Except as provided in paragraph (i) of this section, each long-
distance intercity passenger train shall receive a Class I brake test:
    (1) Prior to the train's departure from an originating terminal; and
    (2) Every 1,500 miles or once each additional calendar day, 
whichever occurs first, that the train remains in continuous passenger 
service.
    (c) Each passenger car and each unpowered vehicle added to a 
passenger train shall receive a Class I or Class IA brake test at the 
time it is added to the train unless notice is provided to the train 
crew that a Class I brake test was performed on the car within the 
previous calendar day and the car has not been disconnected from a 
source of compressed air for more than four hours prior to being added 
to the train. The notice required by this section shall contain the 
date, time, and location of the last Class I brake test.
    (d) Each Class I brake test shall be performed by a qualified 
maintenance person.
    (e) Each Class I brake test may be performed either separately or in 
conjunction with the exterior calendar day mechanical inspection 
required under Sec.  238.303.
    (f) Except as provided in Sec.  238.15(b), a railroad shall not use 
or haul a passenger train in passenger service from a location where a 
Class I brake test has been performed, or was required by this part to 
have been performed, with less than 100 percent operative brakes.
    (g) A Class I brake test shall be performed at the air pressure at 
which the train's air brakes will be operated, but not less than 90 psi, 
and shall be made to determine and ensure that:
    (1) The friction brakes apply and remain applied on each car in the 
train until a release of the brakes has been initiated on each car in 
response to train line electric, pneumatic, or other signals. This test 
shall include a verification that each side of each car's brake system 
responds properly to application and release signals;

[[Page 743]]

    (2) The brake shoes or pads are firmly seated against the wheel or 
disc with the brakes applied;
    (3) Piston travel is within prescribed limits, either by direct 
observation, observation of a piston travel indicator, or in the case of 
tread or disc brakes by determining that the brake shoe or pad provides 
pressure to the wheel. For vehicles equipped with 8\1/2\-inch or 10-inch 
diameter brake cylinders, piston travel shall be within 7 to 9 inches. 
If piston travel is found to be less than 7 inches or more than 9 
inches, it must be adjusted to nominally 7\1/2\ inches. Proper release 
of the brakes can be determined by observation of the clearance between 
the brake shoe and the wheel or between the brake pad and the brake 
disc.
    (4) The communicating signal system is tested and known to be 
operating as intended; a tested and operating two-way radio system meets 
this requirement;
    (5) Each brake shoe or pad is securely fastened and correctly 
aligned in relation to the wheel or to the disc;
    (6) The engineer's brake valve or controller will cause the proper 
train line commands for each position or brake level setting;
    (7) Brake pipe leakage does not exceed 5 pounds per square inch per 
minute if leakage will affect service performance;
    (8) The emergency brake application and deadman pedal or other 
emergency control devices function as intended;
    (9) Each brake shoe or pad is not below the minimum thickness 
established by the railroad. This thickness shall not be less than the 
minimum thickness necessary to safely travel the maximum distance 
allowed between Class I brake tests;
    (10) Each angle cock and cutout cock is properly positioned;
    (11) The brake rigging or the system mounted on the car for the 
transmission of the braking force operates as intended and does not bind 
or foul so as to impede the force delivered to a brake shoe, impede the 
release of a brake shoe, or otherwise adversely affect the operation of 
the brake system;
    (12) If the train is equipped with electropneumatic brakes, an 
electropneumatic application of the brakes is made and the train is 
walked to determine that the brakes on each car in the train properly 
apply;
    (13) Each brake disc is free of any crack in accordance with the 
manufacturer's specifications or, if no specifications exist, free of 
any crack to the extent that the design permits;
    (14) If the equipment is provided with a brake indicator, the brake 
indicator operates as intended; and
    (15) The communication of brake pipe pressure changes at the rear of 
the train is verified, which may be accomplished by observation of an 
application and release of the brakes on the last car in the train.
    (h) Records. A record shall be maintained of each Class I brake test 
performed.
    (1) This record may be maintained in writing or electronically, 
provided FRA has access to the record upon request.
    (2) The written or electronic record must contain the following 
information:
    (i) The date and time that the Class I brake test was performed;
    (ii) The location where the test was performed;
    (iii) The identification number of the controlling locomotive of the 
train;
    (iv) The total number of cars inspected during the test; and
    (v) The signature or electronic identification of the inspector.
    (3) This record shall be maintained at the place where the 
inspection is conducted or at one central location and shall be retained 
for at least 92 days.
    (i) A long-distance, intercity passenger train that misses a 
scheduled calendar day Class I brake test due to a delay en route may 
proceed to the point where the Class I brake test was scheduled to be 
performed. A Class I brake test shall be completed at that point prior 
to placing the train back in service.
    (j) In addition to complying with all the Class I brake test 
requirements performed by a qualified maintenance person as contained in 
paragraphs (a) through (i) of this section, railroads operating 
passenger equipment that is not designed to permit the visual 
observation of the brake actuation and release without the inspector 
going on,

[[Page 744]]

under, or between the equipment in accordance with Sec.  238.231(b) 
shall perform an additional inspection. At a minimum, the additional 
inspection requirement for such equipment shall include all of the 
following:
    (1) An additional inspection by a qualified maintenance person of 
all items and components contained in paragraphs (g)(1) through (g)(15) 
of this section;
    (2) The additional inspection shall be conducted at an interval not 
to exceed five (5) in-service days and shall be conducted while the 
equipment is over an inspection pit or on a raised inspection track; and
    (3) A record of the additional inspection shall be maintained 
pursuant to the requirements contained in paragraph (h) of this section. 
This record can be combined with the Class I brake test record.

[64 FR 25660, May 12, 1999, as amended at 65 FR 41309, July 3, 2000; 71 
FR 61862, Oct. 19, 2006]