49 C.F.R. § 210.27

New locomotive certification

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(a) A railroad shall not operate a locomotive built after December 31, 1979, unless the locomotive has been certified to be in compliance with the Standards.

(b) The certification prescribed in this section shall be determined for each locomotive model, by either—

(1) Load cell testing in accordance with the criteria prescribed in the Standards; or

(2) Passby testing in accordance with the criteria prescribed in the Standards.

(c) If passby testing is used under paragraph (b)(2) of this section, it shall be conducted with the locomotive operating at maximum rated horsepower output.

[48 FR 56758, Dec. 23, 1983, as amended at 84 FR 15145, Apr. 15, 2019]

Notes of Decisions

Cited in 3 cases, 1997–2005 · leading case: Nippon Yusen Kaisha v. Burlington & N. Santa Fe Ry. Co., 367 F. Supp. 2d 1292 (C.D. Cal. 2005).

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Nippon Yusen Kaisha v. Burlington & N. Santa Fe Ry. Co., 367 F. Supp. 2d 1292 (C.D. Cal. 2005). “BNSF points to four regulations, but none provide a standard of care, 49 C.F.R. § 210.27 (requiring new locomotives to print information of sound decibels at various throttle settings), 49 C.”

Law v. Gen. Motors Corp., 114 F.3d 908 (9th Cir. 1997). “oad Administration, in consultation with the Occupational Safety and Health Administration, has exclusive authority to determine whether locomotive operators may wear protective headgear; a decision wisely reserved to an expert federal agency qualified to weigh the value of…”

Oglesby v. Delaware & Hudson Ry. Co., 964 F. Supp. 57 (N.D.N.Y. 1997). “49 C.F.R. § 210.27 (d) involves a tag which states the restdts of a noise level test; § 215.”

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