cfr_sections
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51 rows where part_number = 218 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:4.1.1.1.13.1.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.1 Purpose. | FRA | This part prescribes minimum requirements for railroad operating rules and practices. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other special instructions. | |||||
| 49:49:4.1.1.1.13.1.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.3 Application. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 53 FR 28599, July 28, 1988] | (a) Except as provided in paragraph (b) of this section, this part applies to railroads that operate rolling equipment on standard gage track which is part of the general railroad system of transportation. (b) This part does not apply to— (1) A railroad that operates only on track inside an installation which is not part of the general railroad system of transportation, or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation. | ||||
| 49:49:4.1.1.1.13.1.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.4 Preemptive effect. | FRA | [73 FR 8498, Feb. 13, 2008] | Normal State negligence standards apply where there is no Federal action covering the subject matter. Under 49 U.S.C. 20106 (section 20106), issuance of the regulations in this part preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local railroad safety or railroad security hazard; that is not incompatible with a law, regulation, or order of the United States Government; and that does not unreasonably burden interstate commerce. Section 20106 permits State tort actions arising from events or activities occurring on or after January 18, 2002, for the following: Violation of the Federal standard of care established by regulation or order issued the Secretary of Transportation (with respect to railroad safety, such as these regulations) or the Secretary of Homeland Security (with respect to railroad security); a party's violation of, or failure to comply with, its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the two Secretaries; and a party's violation of a State standard that is necessary to eliminate or reduce an essentially local safety or security hazard, is not incompatible with a law, regulation, or order of the United States Government, and does not unreasonably burden interstate commerce. Nothing in section 20106 creates a Federal cause of action on behalf of an injured party or confers Federal question jurisdiction for such State law causes of action. | ||||
| 49:49:4.1.1.1.13.1.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.5 Definitions. | FRA | [58 FR 43292, Aug. 16, 1993, as amended at 60 FR 11049, Mar. 1, 1995; 73 FR 8498, Feb. 13, 2008; 89 FR 25108, Apr. 9, 2024] | Absolute block means a block in which no train is permitted to enter while it is occupied by another train. Associate Administrator for Safety means the Associate Administrator for Railroad Safety and Chief Safety Officer of the Federal Railroad Administration or that person's delegate as designated in writing. Blue signal means a clearly distinguishable blue flag or blue light by day and a blue light at night. When attached to the operating controls of a locomotive, it need not be lighted if the inside of the cab area of the locomotive is sufficiently lighted so as to make the blue signal clearly distinguishable. Camp car means any on-track vehicle, including outfit, camp, or bunk cars or modular homes mounted on flat cars used to house rail employees. It does not include wreck trains. Car shop repair track area means one or more tracks within an area in which the testing, servicing, repair, inspection, or rebuilding of railroad rolling equipment is under the exclusive control of mechanical department personnel. Controlling locomotive means a locomotive arranged as having the only controls over all electrical, mechanical and pneumatic functions for one or more locomotives, including controls transmitted by radio signals if so equipped. It does not include two or more locomotives coupled in multiple which can be moved from more than one set of locomotive controls. Designated crew member means an individual designated under the railroad's operating rules as the point of contact between a train or yard crew and a utility employee working with that crew. Effective locking device when used in relation to a manually operated switch or a derail means one which is: (1) Vandal resistant; (2) Tamper resistant; and (3) Capable of being locked and unlocked only by the class, craft or group of employees for whom the protection is being provided. Flagman's signals means a red flag by day and a white light at night, and fusees as prescribed in the railroad's operating rules. FTA means the Federal Transit … | ||||
| 49:49:4.1.1.1.13.1.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.7 Waivers. | FRA | (a) A railroad may petition the Federal Railroad Administration for a waiver of compliance with any requirement prescribed in this part. (b) Each petition for a waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that waiver of compliance is in the public interest and is consistent with railroad safety, he may grant the waiver subject to any conditions he deems necessary. Notice of each waiver granted, including a statement of the reasons, therefore, is published in the Federal Register. | |||||
| 49:49:4.1.1.1.13.1.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.9 Civil penalty. | FRA | [90 FR 28144, July 1, 2025] | (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.1.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.11 Filing, testing, and instruction. | FRA | The operating rules prescribed in this part, and any additional or more stringent requirements issued by a railroad in relation to the operating rules prescribed in this part, shall be subject to the provisions of part 217 of this chapter, Railroad Operating Rules: Filing, Testing, and Instruction. | |||||
| 49:49:4.1.1.1.13.2.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.21 Scope. | FRA | This subpart prescribes minimum requirements for the protection of railroad employees engaged in the inspection, testing, repair, and servicing of rolling equipment whose activities require them to work on, under, or between such equipment and subjects them to the danger of personal injury posed by any movement of such equipment. | |||||
| 49:49:4.1.1.1.13.2.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.22 Utility employee. | FRA | [58 FR 43293, Aug. 16, 1993, as amended at 60 FR 11050, Mar. 1, 1995; 85 FR 80569, Dec. 11, 2020] | (a) A utility employee shall be subject to the Hours of Service Act, and the requirements for training and testing, control of alcohol and drug use, and hours of service record keeping provided for in parts 217, 219, and 228 of this chapter. (b) A utility employee shall perform service as a member of only one train or yard crew at any given time. Service with more than one crew may be sequential, but not concurrent. (c) A utility employee may be assigned to and serve as a member of a train or yard crew without the protection otherwise required by subpart B of part 218 of this chapter only under the following conditions: (1) The train or yard crew is assigned a controlling locomotive that is under the actual control of the assigned locomotive engineer of that crew; (2) The locomotive engineer is in the cab of the controlling locomotive, or, while the locomotive is stationary be replaced in the cab by another member of the same crew; (3) The utility employee established communication with the crew by contacting the designated crew member on arriving at the train (as defined for the purpose of this section as one or more locomotives coupled, with or without cars) and before commencing any duties with the crew. (4) Before each utility employee commences duties, the designated crew member shall provide notice to each crew member of the presence and identity of the utility employee. Once all crew members have acknowledged this notice, the designated crew member shall advise the utility employee that he or she is authorized to work as part of the crew. Thereafter, communication shall be maintained in such a manner that each member of the train or yard crew understands the duties to be performed and whether those duties will cause any crew member to go on, under, or between the rolling equipment; and (5) The utility employee is performing one or more of the following functions: Set or release handbrakes; couple or uncouple air hoses and other electrical or mechanical connections; prepare rail cars for coupling; se… | ||||
| 49:49:4.1.1.1.13.2.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.23 Blue signal display. | FRA | (a) Blue signals displayed in accordance with § 218.25, 218.27, or 218.29 signify that workers are on, under, or between rolling equipment. When so displayed— (1) The equipment may not be coupled to; (2) The equipment may not be moved, except as provided for in § 218.29; (3) Other rolling equipment may not be placed on the same track so as to reduce or block the view of a blue signal, except as provided for in § 218.29 (a), (b) and (c); and (4) Rolling equipment may not pass a displayed blue signal. (b) Blue signals must be displayed in accordance with § 218.25, 218.27, or 218.29 by each craft or group of workers prior to their going on, under, or between rolling equipment and may only be removed by the same craft or group that displayed them. | |||||
| 49:49:4.1.1.1.13.2.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.24 One-person crew. | FRA | [60 FR 11050, Mar. 1, 1995] | (a) An engineer working alone as a one-person crew shall not perform duties on, under, or between rolling equipment, without blue signal protection that complies with § 218.27 or § 218.29, unless the duties to be performed are listed in § 218.22(c)(5) and the following protections are provided: (1) Each locomotive in the locomotive engineer's charge is either: (i) Coupled to the train or other railroad rolling equipment to be assisted; or (ii) Stopped a sufficient distance from the train or rolling equipment to ensure a separation of at least 50 feet; and (2) Before a controlling locomotive is left unattended, the one-member crew shall secure the locomotive as follows: (i) The throttle is in the IDLE position; (ii) The generator field switch is in the OFF position; (iii) The reverser handle is removed (if so equipped); (iv) The isolation switch is in the ISOLATE position; (v) The locomotive independent (engine) brake valve is fully applied; (vi) The hand brake on the controlling locomotive is fully applied (if so equipped); and (vii) A bright orange engineer's tag (a tag that is a minimum of three by eight inches with the words ASSIGNED LOCOMOTIVE—DO NOT OPERATE) is displayed on the control stand of the controlling locomotive. (b) When assisting another train or yard crew with the equipment the other crew was assigned to operate, a single engineer must communicate directly, either by radio in compliance with part 220 of this chapter or by oral telecommunication of equivalent integrity, with the crew of the train to be assisted. The crews of both trains must notify each other in advance of all moves to be made by their respective equipment. Prior to attachment or detachment of the assisting locomotive(s), the crew of the train to be assisted must inform the single engineer that the train is secured against movement. The crew of the train to be assisted must not move the train or permit the train to move until authorized by the single engineer. | ||||
| 49:49:4.1.1.1.13.2.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.25 Workers on a main track. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983] | When workers are on, under, or between rolling equipment on a main track: (a) A blue signal must be displayed at each end of the rolling equipment; and (b) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive. (c) When emergency repair work is to be done on, under, or between a locomotive or one or more cars coupled to a locomotive, and blue signals are not available, the engineman or operator must be notified and effective measures must be taken to protect the workers making the repairs. | ||||
| 49:49:4.1.1.1.13.2.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.27 Workers on track other than main track. | FRA | When workers are on, under, or between rolling equipment on track other than main track— (a) A blue signal must be displayed at or near each manually operated switch providing access to that track; (b) Each manually operated switch providing access to the track on which the equipment is located must be lined against movement to that track and locked with an effective locking device; and (c) The person in charge of the workers must have notified the operator of any remotely controlled switch that work is to be performed and have been informed by the operator that each remotely controlled switch providing access to the track on which the equipment is located has been lined against movement to that track and locked as prescribed in § 218.30. (d) If rolling equipment requiring blue signal protection as provided for in this section is on a track equipped with one or more crossovers, both switches of each crossover must be lined against movement through the crossover toward that rolling equipment, and the switch of each crossover that provides access to the rolling equipment must be protected in accordance with the provisions of paragraphs (a) and (b), or (c) of this section. (e) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive. | |||||
| 49:49:4.1.1.1.13.2.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.29 Alternate methods of protection. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983] | Instead of providing blue signal protection for workers in accordance with § 218.27, the following methods for blue signal protection may be used: (a) When workers are on, under, or between rolling equipment in a locomotive servicing track area: (1) A blue signal must be displayed at or near each switch providing entrance to or departure from the area; (2) Each switch providing entrance to or departure from the area must be lined against movement to the area and locked with an effective locking device; and (3) A blue signal must be attached to each controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive; (4) If the speed within this area is restricted to not more than 5 miles per hour a derail, capable of restricting access to that portion of a track within the area on which the rolling equipment is located, will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the equipment to be protected by the blue signal, when locked in a derailing position with an effective locking device, and when a blue signal is displayed at the derail; (5) A locomotive may be moved onto a locomotive servicing area track after the blue signal has been removed from the entrance switch to the area. However, the locomotive must be stopped short of coupling to another locomotive; (6) A locomotive may be moved off of a locomotive servicing area track after the blue signal has been removed from the controlling locomotive to be moved and from the area departure switch; (7) If operated by an authorized employee under the direction of the person in charge of the workers, a locomotive protected by blue signals may be repositioned within this area after the blue signal has been removed from the locomotive to be repositioned and the workers on the affected track have been notified of the movement; and (8) Blue signal protection removed for the movement of locomoti… | ||||
| 49:49:4.1.1.1.13.2.11.8 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.30 Remotely controlled switches. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983] | (a) After the operator of the remotely controlled switches has received the notification required by § 218.27(c), he must line each remotely controlled switch against movement to that track and apply an effective locking device to the lever, button, or other device controlling the switch before he may inform the employee in charge of the workers that protection has been provided. (b) The operator may not remove the locking device unless he has been informed by the person in charge of the workers that it is safe to do so. (c) The operator must maintain for 15 days a written record of each notification which contains the following information: (1) The name and craft of the employee in charge who provided the notification; (2) The number or other designation of the track involved; (3) The date and time the operator notified the employee in charge that protection had been provided in accordance with paragraph (a) of this section; and (4) The date and time the operator was informed that the work had been completed, and the name and craft of the employee in charge who provided this information. | ||||
| 49:49:4.1.1.1.13.3.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.31 Scope. | FRA | [42 FR 5065, Jan. 27, 1977] | This subpart prescribes minimum operating rule requirements for the protection of railroad employees engaged in the operation of trains, locomotives and other rolling equipment. | ||||
| 49:49:4.1.1.1.13.3.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.35 Yard limits. | FRA | [42 FR 5065, Jan. 27, 1977] | (a) After August 1, 1977, yard limits must be designated by— (1) Yard limit signs, and (2) Timetable, train orders, or special instructions. (b) After August 1, 1977, each railroad must have in effect an operating rule which complies with the requirements set forth below: (1) The main tracks within yard limits may be used, clearing the time an approaching designated class train is due to leave the nearest station where time is shown. In case of failure to clear the time of designated class trains, protection must be provided as § 218.37. In yard limits where main tracks are governed by block signal system rules, protection as prescribed by § 218.37 is not required. (2) Trains and engines, except designated class trains, within yard limits must move prepared to stop within onehalf the range of vision but not exceeding 20 m.p.h. unless the main track is known to be clear by block signal indications. (3) Within yard limits, movements against the current of traffic on the main tracks must not be made unless authorized and protected by train order, yardmaster, or other designated official and only under the operating restrictions prescribed in § 218.35(b)(2). (c) Each railroad shall designate in the operating rule prescribed under paragraph (b) of this section the class or classes of trains which shall have superiority on the main track within yard limits. | ||||
| 49:49:4.1.1.1.13.3.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.37 Flag protection. | FRA | [42 FR 5065, Jan. 27, 1977, as amended at 42 FR 38362, July 28, 1977; 73 FR 8498, Feb. 13, 2008] | (a) After August 1, 1977, each railroad must have in effect an operating rule which complies with the requirements set forth below: (1) Except as provided in paragraph (a)(2) of this section, flag protection shall be provided— (i) When a train is moving on the main track at less than one-half the maximum authorized speed (including slow order limits) in that territory, flag protection against following trains on the same track must be provided by a crew member by dropping off single lighted fusees at intervals that do not exceed the burning time of the fusee. (ii) When a train is moving on the main track at more than one-half the maximum authorized speed (including slow order limits) in that territory under circumstances in which it may be overtaken, crew members responsible for providing protection will take into consideration the grade, curvature of track, weather conditions, sight distance and relative speed of his train to following trains and will be governed accordingly in the use of fusees. (iii) When a train stops on main track, flag protection against following trains on the same track must be provided as follows: A crew member with flagman's signals must immediately go back at least the distance prescribed by timetable or other instructions for the territory and display one lighted fusee. The crew member may then return one-half of the distance to the crew member's train where the crew member must remain until the crew member has stopped the approaching train or is recalled. When recalled, the crew member must leave one lighted fusee and while returning to the crew member's train, the crew member must also place single lighted fusees at intervals that do not exceed the burning time of the fusee. When the train departs, a crew member must leave one lighted fusee and until the train resumes speed not less than one-half the maximum authorized speed (including slow order limits) in that territory, the crew member must drop off single lighted fusees at intervals that do not exceed the burning time of the… | ||||
| 49:49:4.1.1.1.13.3.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.39 Hump operations. | FRA | [49 FR 6497, Feb. 22, 1984] | After June 30, 1984, each railroad that operates a remote control hump yard facility must have in effect an operating rule that adopts the following provisions in substance: (a) When a train or engine service employee is required to couple an air hose or to adjust a coupling device and that activity will require that the employee place himself between pieces of rolling equipment located on a bowl track, the operator of any remotely controlled switch that provides access from the apex of the hump to the track on which the rolling equipment is located shall be notified; (b) Upon such notification, the operator of such remotely controlled switch shall line it against movement to the affected bowl track and shall apply a locking or blocking device to the control for that switch; and (c) The operator shall then notify the employee that the requested protection has been provided and shall remove the locking or blocking device only after being notified by the employee that protection is no longer required on that track. | ||||
| 49:49:4.1.1.1.13.3.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.41 Noncompliance with hump operations rule. | FRA | [90 FR 28144, July 1, 2025] | A person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad) who fails to comply with a railroad's operating rule issued pursuant to § 218.39 is subject to a penalty. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.51 Purpose. | FRA | [54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993] | (a) The purpose of this subpart is to prevent accidents and casualties that can result from the operation of trains when safety devices intended to improve the safety of their movement have been disabled. (b) This subpart does not prohibit intervention with safety devices that is permitted: (1) Under the provisions of § 236.566 or § 236.567 of this chapter; (2) Under the provisions of § 218.61 of this part; or (3) Under the provisions of § 229.9 of this chapter, provided that when a locomotive is being operated under the provision of § 229.9(b) a designated officer has been notified of the defective alerter or deadman pedal at the first available point of communication. | ||||
| 49:49:4.1.1.1.13.4.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.53 Scope and definitions. | FRA | [54 FR 5492, Feb. 3, 1989, as amended at 88 FR 70760, Oct. 12, 2023] | (a) This subpart establishes standards of conduct for railroads and individuals who operate or permit to be operated locomotives equipped with one or more of the safety devices identified in paragraph (c) of this section. (b) Disable means to unlawfully render a device incapable of proper and effective action or to materially impair the functioning of that device. (c) Safety Device means any locomotive-mounted equipment used either to assure the locomotive engineer is alert, not physically incapacitated, and aware of and complying with the indications of a signal system or other operational control system, or a system used to record data concerning the operations of that locomotive or the train it is powering. See appendix C to this part for a statement of agency policy on this subject. (d) The provisions in §§ 218.59 and 218.61 do not apply to locomotive-mounted image or audio recording equipment on freight locomotives. | ||||
| 49:49:4.1.1.1.13.4.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.55 Tampering prohibited. | FRA | [90 FR 28144, July 1, 2025] | Any individual who willfully disables a safety device is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found unfit for such duties under the procedures provided for in 49 CFR part 209. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.57 Responsibilities of individuals. | FRA | [90 FR 28144, July 1, 2025] | Any individual who knowingly operates a train, or permits it to be operated, when the controlling locomotive of that train is equipped with a disabled safety device, is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found to be unfit for such duties. See appendix B to this part for a statement of agency enforcement policy concerning violations of this section. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.59 Responsibilities of railroads. | FRA | [84 FR 23734, May 23, 2019, as amended at 90 FR 28144, July 1, 2025] | Any railroad that operates a train when the controlling locomotive of a train is equipped with a disabled safety device is subject to a civil penalty. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.61 Authority to deactivate safety devices. | FRA | [54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993; 88 FR 70760, Oct. 12, 2023] | (a) For the purpose of this chapter, it is lawful to temporarily render a safety device incapable of proper or effective action or to materially impair its function if this action is taken as provided for in paragraph (b) or (c) of this section. (b) If a locomotive is equipped with a device to assure that the operator is alert or not physically incapacitated, that device may be deactivated when: (1) The locomotive is not the controlling locomotive; (2) The locomotive is performing switching operations and not hauling cars in a manner that constitutes a train movement under part 232 of this chapter: (3) The locomotive is dead-in-tow; or (4) The locomotive is a mid-train slave unit being controlled by radio from a remote location. (c) If a locomotive in commuter or intercity passenger service is equipped with a device to record data concerning the operation of that locomotive or the train it is powering, that device may be deactivated only under the provisions of § 229.135 of this chapter. Inward- and outward-facing image recording devices on commuter or intercity passenger locomotives may be deactivated only under the provisions of § 229.136 of this chapter. This section does not apply to inward- or outward-facing image recording devices that are installed on freight locomotives. | ||||
| 49:49:4.1.1.1.13.5.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.71 Purpose and scope. | FRA | This subpart prescribes minimum requirements governing protection of camp cars that house railroad employees. The rule does not apply to such cars while they are in a train. | |||||
| 49:49:4.1.1.1.13.5.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.73 Warning signal display. | FRA | (a) Warning signals, i.e., a white disk with the words “Occupied Camp Car” in black lettering during daylight hours and an illuminated white signal at night, displayed in accordance with § 218.75, § 218.77, or § 218.79 signify that employees are in, around, or in the vicinity of camp cars. Once the signals have been displayed— (1) The camp cars may not be moved for coupling to other rolling equipment or moved to another location; (2) Rolling equipment may not be placed on the same track so as to reduce or block the view of a warning signal; and (3) Rolling equipment may not pass a warning signal. (b) Warning signals indicating the presence of occupied camp cars, displayed in accordance with §§ 218.75 and 218.79, shall be displayed by a designated occupant of the camp cars or that person's immediate supervisor. The signal(s) shall be displayed as soon as such cars are placed on the track, and such signals may only be removed by those same individuals prior to the time the cars are moved to another location. | |||||
| 49:49:4.1.1.1.13.5.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.75 Methods of protection for camp cars. | FRA | When camp cars requiring protection are on either main track or track other than main track: (a) A warning signal shall be displayed at or near each switch providing access to that track; (b) The person in charge of the camp car occupants shall immediately notify the person responsible for directing train movements on that portion of the railroad where the camp cars are being parked; (c) Once notified of the presence of camp cars and their location on main track or other than main track, the person responsible for directing train movements on that portion of the railroad where the camp cars are being parked shall take appropriate action to alert affected personnel to the presence of the cars; (d) Each manually operating switch providing access to track on which the camp cars are located shall be lined against movement to that track and secured with an effective locking device and spiked; and (e) Each remotely controlled switch providing access to the track on which the camp cars are located shall be protected in accordance with § 218.77. | |||||
| 49:49:4.1.1.1.13.5.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.77 Remotely controlled switches. | FRA | (a) After the operator of the remotely controlled switch is notified that a camp car is to be placed on a particular track, he shall line such switch against movement to that track and apply an effective locking device applied to the lever, button, or other device controlling the switch before informing the person in charge of the camp car occupants that protection has been provided. (b) The operator may not remove the locking device until informed by the person in charge of the camp car occupants that protection is no longer required. (c) The operator shall maintain for 15 days a written record of each notification that contains the following information: (1) The name and craft of the employee in charge who provided the notification; (2) The number or other designation of the track involved; (3) The date and time the operator notified the employee in charge that protection had been provided in accordance with paragraph (a) of this section; and (4) The date and time the operator was informed that the work had been completed, and the name and craft of the employee in charge who provided this information. (d) When occupied camp cars are parked on main track, a derail, capable of restricting access to that portion of the track on which such equipment is located, shall be positioned no less than 150 feet from the end of such equipment and locked in a derailing position with an effective locking device, and a warning signal must be displayed at the derail. | |||||
| 49:49:4.1.1.1.13.5.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.79 Alternative methods of protection. | FRA | Instead of providing protection for occupied camp cars in accordance with § 218.75 or § 218.77, the following methods of protection may be used: (a) When occupied camp cars are on track other than main track: (1) A warning signal must be displayed at or near each switch providing access to or from the track; (2) Each switch providing entrance to or departure from the area must be lined against movement to the track and locked with an effective locking device; and (3) If the speed within this area is restricted to not more than five miles per hour, a derail, capable of restricting access to that portion of track on which the camp cars are located, will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the camp cars to be protected by the warning signal, when locked in a derailing position with an effective locking device, and when a warning signal is displayed at the derail. (b) Except as provided in paragraph (a) of this section, when occupied camp cars are on track other than main track: (1) A derail, capable of restricting access to that portion of the track on which such equipment is located, will fulfill the requirements of a manually operated switch when positioned no less than 150 feet from the end of such equipment; and (2) Each derail must be locked in a derailing position with an effective locking device and a warning signal must be displayed at each derail. | |||||
| 49:49:4.1.1.1.13.5.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.80 Movement of occupied camp cars. | FRA | Occupied cars may not be humped or flat switched unless coupled to a locomotive. | |||||
| 49:49:4.1.1.1.13.6.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.91 Purpose and scope. | FRA | (a) The purpose of this subpart is to prevent accidents and casualties that can result from the mishandling of equipment, switches, and fixed derails. (b) This subpart prescribes minimum operating rule requirements for the handling of equipment, switches, and fixed derails. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other instructions. | |||||
| 49:49:4.1.1.1.13.6.11.10 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.109 Hand-operated fixed derails. | FRA | (a)(1) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (2) Each railroad shall specify minimum requirements necessary for an adequate job briefing. (b) General. (1) The normal position of fixed derails is in the derailing position except as provided in part 218, subpart B of this chapter, or the railroad's operating rules or special instructions. (2) Fixed derails shall be kept in the derailing position whether or not any rolling and on-track maintenance-of-way equipment is on the tracks they protect, except as provided in paragraph (b)(1) of this section or when changed to permit movement. (3) Movement must not be made over a fixed derail in the derailing position. (c) Employees operating or verifying the position of a fixed derail shall: (1) Conduct job briefings, before work is begun, each time a work plan is changed, and at completion of the work; (2) Be qualified on the railroad's operating rules relating to the operation of the derail; (3) Be individually responsible for the position of the derail in use; (4) Determine that the target, if so equipped, corresponds with the derail's position; (5) Determine that the derail is secured by: (i) Placing the throw lever in the latch stand, if so equipped; (ii) Placing the lock or hook in the hasp, if so equipped; and (iii) Testing such latches, locks or hooks; and (6) Ensure that when not in use, derails are locked, hooked, or latched in the normal position if so equipped. | |||||
| 49:49:4.1.1.1.13.6.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.93 Definitions. | FRA | [73 FR 8498, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008; 89 FR 25108, Apr. 9, 2024] | As used in this subpart— Clearance point means the location near a turnout beyond which it is unsafe for passage on an adjacent track(s). Where a person is permitted by a railroad's operating rules to ride the side of a car, a clearance point shall accommodate a person riding the side of a car. Correspondence of crossover switches means both crossover switches are lined for the crossover or both are lined for the straight tracks. Crossover means, for purposes of this subpart only, a track connection between two adjacent, but not necessarily parallel, tracks, consisting of two switches, which is intended to be used primarily for the purpose of crossing over from one track to another. Departure track means a track located in a classification yard where rolling equipment is placed and made ready for an outgoing train movement. Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad to perform any of the duties defined in this subpart. Foul or fouling a track means rolling equipment or on-track maintenance-of-way equipment is located such that the end of the equipment is between the clearance point and the switch points leading to the track on which the equipment is standing. FRA means the Federal Railroad Administration. Hand-operated switch means any type of switch when operated by manual manipulation. For purposes of this subpart, a hand-operated switch does not include switches operated by push button or radio control when such switch is protected by distant switch indicators, switch point indicators, or other visual or audio verification that the switch points are lined for the intended route and fit properly. Highway-rail grade crossing means, for purposes of this subpart only, an at-grade crossing where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade, and is identified by a U.S. DOT National Highway-Rail Grade Crossing Inventory Number, or is marked b… | ||||
| 49:49:4.1.1.1.13.6.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.95 Instruction, training, and examination. | FRA | [73 FR 8498, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008] | (a) Program. Beginning January 1, 2009, each railroad shall maintain a written program of instruction, training, and examination of employees for compliance with operating rules implementing the requirements of this subpart to the extent these requirements are pertinent to the employee's duties. If all requirements of this subpart are satisfied, a railroad may consolidate any portion of the instruction, training or examination required by this subpart with the program of instruction required under § 217.11 of this chapter. An employee who successfully completes all instruction, training, and examination required by this written program shall be considered qualified. (1) The written program of instruction, training, and examination shall address the requirements of this subpart, as well as consequences of noncompliance. (2) The written program of instruction, training, and examination shall include procedures addressing how the railroad qualifies employees in any technology necessary to accomplish work subject to the requirements of this subpart. Such procedures shall include, but are not limited to, those which explain: (i) The purpose for using the technology; (ii) How an employee will be expected to use the technology; (iii) How to detect malfunctioning equipment or deviations from proper procedures; (iv) How to respond when equipment malfunctions or deviations from proper procedures are detected; and (v) How to prevent unintentional interference with the proper functioning of the technology. (3) Implementation schedule for employees, generally. Each employee performing duties subject to the requirements in this subpart shall be initially qualified prior to July 1, 2009. (4) Beginning July 1, 2009, no employee shall perform work requiring compliance with the operating rules implementing the requirements of this subpart unless qualified on these rules within the previous three years. (5) The records of successful completion of instruction, examination and training required by this section shall doc… | ||||
| 49:49:4.1.1.1.13.6.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.97 Good faith challenge procedures. | FRA | (a) Employee responsibility. An employee shall inform the railroad or employer whenever the employee makes a good faith determination that the employee has been directed to either take actions that would violate FRA regulations regarding the handling of equipment, switches, and fixed derails as required by this subpart, or to take actions that would violate the railroad's operating rules implementing the requirements of this subpart. (b) General procedures. Each railroad or employer is responsible for the training of and compliance by its employees with the requirements of this subpart. (1) Each railroad or employer shall adopt and implement written procedures which guarantee each employee the right to challenge in good faith whether the procedures that will be used to accomplish a specific task comply with the requirements of this subpart or any operating rule relied upon to fulfill the requirements of this subpart. Each railroad or employer's written procedures shall provide for prompt and equitable resolution of challenges made in accordance with this subpart. (2) The written procedures required by this section shall indicate that the good faith challenge described in paragraph (b)(1) of this section is not intended to abridge any rights or remedies available to the employee under a collective bargaining agreement, or any Federal law including, but not limited to, 29 U.S.C. 651 et seq., 6 U.S.C. 1142, or 49 U.S.C. 20109. (3) Each affected employee shall be instructed on the written procedures required by this paragraph as part of the training prescribed by § 217.11 of this chapter. (4) A copy of the current written procedures shall be provided to each affected employee and made available for inspection and copying by representatives of the FRA during normal business hours. (c) The written procedures shall— (1) Grant each employee the right to challenge any directive which, based on the employee's good faith determination, would cause the employee to violate any requirement of this subpart or any o… | |||||
| 49:49:4.1.1.1.13.6.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.99 Shoving or pushing movements. | FRA | [73 FR 8498, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008; 89 FR 25108, Apr. 9, 2024] | (a)(1) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (2) The following requirements for shoving or pushing movements do not apply to rolling equipment intentionally shoved or pushed to permit the rolling equipment to roll without power attached, i.e., free rolling equipment, during switching service activities known as kicking, humping, or dropping cars. (b) General movement requirements —(1) Job briefing. Rolling equipment shall not be shoved or pushed until the locomotive engineer participating in the move has been briefed by the employee who will direct the move. The job briefing shall include the means of communication to be used between the locomotive engineer and the employee directing the move and how point protection will be provided. (2) No unrelated tasks. During the shoving or pushing movement, the employee directing the movement shall not engage in any task unrelated to the oversight of the shoving or pushing movement. (3) Point protection. When rolling equipment or a lite locomotive train with two or more locomotives that is operated from a single control stand is shoved or pushed, point protection shall be provided by a crewmember or other qualified employee by: (i) Visually determining that the track is clear. The determination that the track is clear may be made with the aid of monitored cameras or other technological means, provided that it and the procedures for use provide an equivalent level of protection to that of a direct visual determination by a crewmember or other qualified employee properly positioned to make the observation as prescribed in this section and appendix D to this part; and (ii) Giving signals or instructions … | ||||
| 49:49:4.1.1.1.13.6.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.101 Leaving rolling and on-track maintenance-of-way equipment in the clear. | FRA | (a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Rolling and on-track maintenance-of-way equipment shall not be left where it will foul a connecting track unless: (1) The equipment is standing on a main track and a siding track switch that the equipment is fouling is lined for the main track on which the equipment is standing; or (2) The equipment is standing on a siding and a main track switch that the equipment is fouling is lined for the siding on which the equipment is standing; or (3) The equipment is standing on a yard switching lead track, and the yard track switch that the equipment is fouling is lined for the yard switching lead track on which the equipment is standing; or (4) The equipment is on an industry track beyond the clearance point of the switch leading to the industry. (c) Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car. | |||||
| 49:49:4.1.1.1.13.6.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.103 Hand-operated switches, including crossover switches. | FRA | (a)(1) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (2) Each railroad shall specify minimum requirements necessary for an adequate job briefing. (b) General. Employees operating or verifying the position of a hand-operated switch shall: (1) Conduct job briefings, before work is begun, each time a work plan is changed, and at completion of the work; (2) Be qualified on the railroad's operating rules relating to the operation of the switch; (3) Be individually responsible for the position of the switch in use; (4) Visually determine that switches are properly lined for the intended route and that no equipment is fouling the switches; (5) Visually determine that the points fit properly and the target, if so equipped, corresponds with the switch's position; (6) After operating a switch and before making movements in either direction over the switch, ensure that the switch is secured from unintentional movement of the switch points; (7) Ensure that a switch is not operated while rolling and on-track maintenance-of-way equipment is fouling the switch, or standing or moving over the switch; and (8) After operating a switch, ensure that when not in use, each switch is locked, hooked, or latched, if so equipped. (c) Rolling and on-track maintenance-of-way equipment shall not foul a track until all hand-operated switches connected with the movement are properly lined, or in the case of hand-operated switches designed and permitted to be trailed through, until the intended route is seen to be clear or the train has been granted movement authority. When a conflicting movement is approaching a hand-operated switch, the track shall not be fouled or the switch oper… | |||||
| 49:49:4.1.1.1.13.6.11.8 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.105 Additional operational requirements for hand-operated main track switches. | FRA | (a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Designating switch position. The normal position of a hand-operated main track switch shall be designated by the railroad in writing and the switch shall be lined and locked in that position when not in use except when: (1) The train dispatcher directs otherwise with respect to the position of a hand-operated main track switch and the necessary protection is provided; or (2) The hand-operated switch is left in the charge of a crewmember of another train, a switchtender, or a roadway worker in charge. (c) Additional job briefing requirements for hand-operated main track switches. (1) Before a train or a train crew leaves the location where any hand-operated main track switch was operated, all crewmembers shall have verbal communication to confirm the position of the switch. (2) In the case of exclusive track occupancy authority established under § 214.321, foul time under § 214.323, or train coordination under § 214.325, when a roadway worker qualified to operate hand-operated main track switches is granted permission by the roadway worker in charge to occupy or otherwise use the limits of the exclusive track occupancy, such employee receiving permission to occupy the working limits shall report the position of any such switches operated upon expiration of the authority limits to the roadway worker in charge or to a designated intermediary employee who shall convey the switch position to the roadway worker in charge. (d) Releasing authority limits. In non-signaled territory, before an employee releases the limits of a main track authority and a hand-operated switch is used to clear the main track, an… | |||||
| 49:49:4.1.1.1.13.6.11.9 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.107 Additional operational requirements for hand-operated crossover switches. | FRA | (a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Hand-operated crossover switches, generally. Both hand-operated switches of a crossover shall be properly lined before rolling and on-track maintenance-of-way equipment begins a crossover movement. A crossover movement shall be completed before either hand-operated crossover switch is restored to normal position. (c) Correspondence of hand-operated crossover switches. Hand-operated crossover switches shall be left in corresponding position except when: (1) Used to provide blue signal protection under § 218.27 of this part; or (2) Used for inaccessible track protection under § 214.327 of this chapter; or (3) Performing maintenance, testing or inspection of crossover switches in traffic control system (TCS) territory; or (4) One crew is using both tracks connected by the crossover during continuous switching operations. | |||||
| 49:49:4.1.1.1.13.7.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.121 Purpose and scope. | FRA | (a) The purpose of this subpart is to ensure that each train is adequately staffed and has appropriate safeguards in place for safe train operations under all operating conditions. (b) This subpart prescribes minimum requirements for the size of different train crews depending on the type of operation and operating conditions. The minimum crew size requirements reflect the safety risks posed to railroad employees, the public, and the environment. This subpart also prescribes minimum requirements for the location of a second crewmember on a moving train and promotes safe and effective teamwork. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other instructions. (c) The requirements in this subpart are not applicable to a train operation controlled by a remote control operator as defined in § 229.5 of this chapter. | |||||
| 49:49:4.1.1.1.13.7.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.123 General train crew size safety requirements. | FRA | (a) General. Each railroad shall comply with the requirements of this subpart and may adopt its own rules or practices consistent with the requirements of this subpart. If any person, as defined in § 218.9 (including, but not limited to, each railroad, railroad officer, supervisor, and employee), violates any requirement of a railroad rule or practice implementing the requirements of this subpart, that person shall be considered to have violated the requirements of this subpart. (b) Two-person train crew size safety requirement. Except as provided in this subpart, each train shall be assigned a minimum of two crewmembers. (c) Hazardous materials. For the purposes of this paragraph (c), a tank car containing residue of a hazardous material as defined in § 171.8 of this title is not considered a loaded car. The exceptions in §§ 218.125 and 218.127 are not applicable, and the exceptions in § 218.129 apply as specified therein, when any train is: (1) A high-hazard flammable train (HHFT) as defined in § 171.8 of this title; (2) Transporting twenty (20) or more loaded tank cars or loaded intermodal portable tanks of any one or any combination of the hazardous materials identified in § 232.103(n)(6)(i)(B) of this chapter; or (3) Transporting one or more car loads of rail-security sensitive materials (RSSM) as defined in § 1580.3 of this title. (d) Location of crewmember(s) when the train is moving. A train crewmember that is not operating the train may be located anywhere outside of the operating cab of the controlling locomotive when the train is moving if: (1) The train crewmember is on the train, except when the train crewmember cannot perform the duties assigned without temporarily disembarking from the train; (2) The train crewmember and a locomotive engineer in the cab of the controlling locomotive can directly communicate with each other; (3) The train crewmember can continue to perform the duties assigned; and (4) The location does not violate any Federal railroad safety law, regulation, or ord… | |||||
| 49:49:4.1.1.1.13.7.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.125 Specific passenger and tourist train operation exceptions to crew size safety requirements. | FRA | The requirements in this subpart are not applicable to the following passenger and tourist train operations that are operated with a one-person train crew: (a) The train is a tourist train operation that is not part of the general railroad system of transportation; (b) A tourist train operation that is part of the general system of transportation or a passenger operation in which: (1) The locomotive engineer is moving cars empty of passengers; and (2) Passengers will not board the train's cars until the crew conducts a safety briefing on the safe operation and use of the train's exterior side doors, in accordance with § 238.135 of this chapter; (c) A tourist train operation that is part of the general system of transportation or a passenger operation involving a single self-propelled car or married-pair unit, e.g., an MU locomotive operation, where the locomotive engineer has direct access to the passenger seating compartment and (for passenger railroads subject to part 239 of this chapter) the passenger railroad's emergency preparedness plan for this operation is approved under § 239.201 of this chapter; (d) A rapid transit operation in an urban area, i.e., an urban rapid transit system that is connected with the general railroad system of transportation under the following conditions: (1) The operation is temporally separated from any conventional railroad operations; (2) There is an FTA-approved and designated State Safety Oversight (SSO) Agency that is qualified to provide safety oversight; and (3) The operator has an FTA/SSO-approved Public Transportation Agency Safety Plan in accordance with parts 673 and 674 of this title; or (e) Each passenger train operation with a one-person train crew established before June 10, 2024 with an approved passenger train emergency preparedness plan under part 239 of this chapter for the operation. | |||||
| 49:49:4.1.1.1.13.7.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.127 Specific freight train exceptions to crew size safety requirements. | FRA | The requirements in this subpart are not applicable to the following freight train operations that are operated with a one-person train crew: (a) Mine load out, plant dumping, or similar operation exception. A unit freight train: (1) Being loaded or unloaded in an assembly line manner; (2) Located on a track that is temporarily made inaccessible from the general railroad system of transportation; (3) Moving at a maximum authorized speed of 10 miles per hour or less; (4) Not requiring the one-person train crewmember to operate a hand-operated switch, fill out paperwork, or call signal indications during the loading or unloading process; and (5) If the operation is overseen by another person, typically in a tower or on the ground, requiring that person to have the capability of communicating with the one-person train crewmember operating the train. (b) [Reserved] | |||||
| 49:49:4.1.1.1.13.7.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.129 Conditional exceptions based on compliance dates for Class II and III legacy freight train operations, certain other Class II and III freight railroad train operations, work train operations, helper service train operations, and lite locomotive train operations staffed with a one-person train crew. | FRA | (a) Application of this section. A railroad is not required to comply with the requirements in this section for each one-person train crew operation subject to an exception covered by § 218.125 or § 218.127. The following train operations may be operated with a one-person train crew subject to the requirements in this subpart: (1) Each Class II or III railroad's legacy one-person train crew freight operation that has been established for at least two years before June 10, 2024, may continue to operate with a one-person train crew, including continuing to transport hazardous materials of the types or quantities specified in § 218.123(c), if: (i) No later than September 6, 2024, the railroad: (A) Provides FRA with written notice, as specified by the requirements in paragraph (b) of this section; and (B) Complies with the additional requirements in paragraphs (c)(1) and (2) of this section; and (ii) No later than June 9, 2026, the railroad complies with the additional requirements in paragraph (c)(3) of this section. (2) Each Class II or III freight railroad seeking to initiate a train operation staffed with a one-person train crew not transporting hazardous materials of the types or quantities specified in § 218.123(c) shall: (i) Provide FRA with written notice, as specified by the requirements in paragraph (b) of this section before commencing the operation; and (ii) Comply with the additional requirements in paragraph (c) of this section. (3) Each railroad seeking to continue or initiate work train operations with a one-person train crew, including operations involving a work train traveling to or from a work site, shall: (i) Limit this type of non-revenue service train that is used for the administration and upkeep service of the railroad so that it does not exceed 4,000 trailing tons; (ii) No later than September 6, 2024, comply with the additional requirements in paragraphs (c)(1) and (2) of this section; and (iii) No later than June 9, 2026, comply with the additional requirements in paragraph (… | |||||
| 49:49:4.1.1.1.13.7.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.131 Special approval petition requirements for train operations staffed with a one-person train crew. | FRA | (a) General. With the exception of operations permitted under §§ 218.125 through 218.129, and as provided in paragraph (a)(2) of this section: (1) No railroad may operate a train with a one-person train crew unless it receives special approval for the operation under this subpart. (2) For a railroad that has established a one-person train crew operation before June 10, 2024, the railroad may continue the operation in accordance with this section pending FRA's decision on the railroad's special approval petition if: (i) The railroad submits a written notice by email to FRAOPCERTPROG@dot.gov no later than June 24, 2024 that, at a minimum, provides a summary of the operation and the name, title, address, telephone number, and email address of the primary person(s) to be contacted regarding the written notice and the operation; (ii) The railroad, in coordination with FRA, eliminates, mitigates, or otherwise addresses any safety hazards related to the one-person train crew operation FRA finds in reviewing the railroad's special approval petition; and (iii) The railroad submits its special approval petition, as specified by the requirements in paragraph (b) of this section, no later than August 7, 2024. (3) Each freight railroad seeking to either initiate or continue a train operation with a one-person train crew must receive FRA's special approval for the operation under this subpart and shall comply with the requirements in § 218.129(c). (4) Each passenger railroad seeking to initiate a train operation with a one-person train crew must receive FRA's special approval for the operation under this subpart and have either: (i) An approved passenger train emergency preparedness plan under part 239 of this chapter for the operation; or (ii) An approved waiver from the passenger train emergency preparedness plan requirements as permitted under part 211 of this chapter. A passenger railroad may petition FRA for both a waiver under part 211 and special approval for a train operation staffed with a one-person trai… | |||||
| 49:49:4.1.1.1.13.7.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.133 Risk assessment content and procedures. | FRA | (a) General. A risk assessment submitted under this subpart must meet the following requirements: (1) Contain a list and descriptions of all functions, duties, and tasks associated with the proposed operation to be performed by the one-person train crewmember, other railroad employee(s), or equipment, including, at a minimum, any function performed: (i) To prepare a train for operation (including, but not limited to, pre-departure inspections, obtaining track bulletins, orders, or manifests, managing the train consist, including train makeup, obtaining and ensuring the accuracy of the train consist, arming and testing the end-of-train device, and performing brake tests); (ii) To operate a train (including, but not limited to, operating and controlling the train, interacting with non-crewmembers such as the dispatcher or roadway workers, and responding to emergencies or unexpected events); and (iii) To ensure safety once a train has stopped moving ( e.g., including, but not limited to, securing the train). (2) Describe the allocation of all functions, duties, and tasks to the one-person train crewmember, other railroad employee(s), or equipment. (3) Contain a risk-based hazard analysis for the proposed train operation's functions, duties, and tasks, that shall: (i) Identify any new hazards, changes to existing hazards and/or changes to the risk of an existing hazard associated with the proposed train operation, as compared to a two-person minimum train crew operation, taking account of all aspects of the railroad's system, including, at a minimum, infrastructure, equipment, technology, work schedules, mode of operation, operating rules and practices, training and other areas impacting railroad safety; (ii) Calculate and/or update each risk, quantitatively or qualitatively, or both, by assessing each new hazard, change to an existing hazard and/or change to the risk of a hazard, in terms of the severity and likelihood of a mishap; (iii) Recalculate each risk mitigated in accordance with § 218.131(b)(15)… | |||||
| 49:49:4.1.1.1.13.7.11.8 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.135 Special approval procedure. | FRA | (a) Petition. Each railroad submitting a petition under § 218.131 shall send the petition by email to FRAOPCERTPROG@dot.gov. FRA will make the petition publicly available at https://www.regulations.gov. (b) Federal Register notice. FRA will publish a notice in the Federal Register concerning each petition under § 218.131. (c) Comment. Not later than 60 days from the date of publication of the notice in the Federal Register under paragraph (b) of this section, any person may comment on the petition. (1) Each comment shall provide all relevant information and data in support of the commenter's position. (2) Each comment shall be submitted to FRA through https://www.regulations.gov to the docket identified in the Federal Register notice. (d) Disposition of petitions. (1) If the Administrator finds it necessary or desirable, FRA will conduct a hearing on a petition in accordance with its rules of practice in part 211 of this chapter. (2) A petition must not be implemented until approved. If FRA finds that the petition complies with the requirements of § 218.131 and that approving the petition is as safe or safer than a two-person minimum train crew operation, FRA will grant the petition, normally within 120 days of its receipt. If the petition is neither granted nor denied within 120 days, the petition remains pending for decision. FRA may attach special conditions to the approval of the petition. Following the approval of a petition, FRA may reopen consideration of the petition for cause stated. (3) If FRA finds that a petition does not comply with the requirements of this subpart or that approving the petition would not be as safe or safer than a two-person minimum train crew operation, FRA will deny the petition, normally within 120 days of its receipt. (4) When FRA decides a petition, reopens consideration of a petition, or closes a reopened petition, FRA will send written notice of the decision to the petitioner and publish that decision in the docket. (e) Modifications. (1) A rail… | |||||
| 49:49:4.1.1.1.13.7.11.9 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.137 Annual railroad responsibilities after receipt of special approval. | FRA | (a) Each railroad that receives special approval to use an operation with a one-person train crew under this subpart shall prepare an annual report, which will be a formal review and analysis each calendar year, of the one-person train crew operation. The annual report, which will include a railroad's findings and conclusions from its review, shall be submitted no later than March 31 of the following year to FRAOPCERTPROG@dot.gov. The requirements in paragraphs (b) and (c) of this section describe the components of a railroad's annual report. (b) A railroad's annual report must include the safety data and information listed in paragraphs (b)(1) and (2) of this section for any one-person train crew operation that receives special approval under this subpart. (1) The total number of: (i) FRA-reportable accidents/incidents under part 225 of this chapter, including subtotals for accidents/incidents that occurred at a highway-rail grade crossing and those that did not occur at a highway-rail grade crossing, and subtotals by State and cause. If an accident/incident was FRA-reportable for more than one reason ( e.g., the accident/incident occurred at a highway-rail grade crossing and resulted in rail equipment damages higher than the current reporting threshold), the accident/incident shall only be listed once in the total calculation; (ii) FRA-reportable employee fatalities; (iii) FRA-reportable employee injuries; (iv) Trespasser fatalities at a highway-rail grade crossing; (v) Trespasser injuries at a highway-rail grade crossing; (vi) Passenger fatalities at a highway-rail grade crossing; (vii) Passenger injuries at a highway-rail grade crossing; (viii) Instances where a railroad employee did not comply with a railroad rule or practice applicable to the one-person train crew operation receiving special approval under this subpart but not applicable to train crew operations with two or more crewmembers that travel on the train; (ix) Instances where a one-person train crewmember had a locomotive engineer o… |
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