[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: 49CFR240.229]

[Page 811-812]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table of 
 
          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

[[Page 812]]

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 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]