49 C.F.R. § 212.101

Program principles

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(a) The purpose of the national railroad safety program is to promote safety in all areas of railroad operations in order to reduce deaths, injuries and damage to property resulting from railroad accidents.

(b)(1) The national railroad safety program is carried out in part through the issuance of mandatory Federal safety requirements and through inspection efforts designed to monitor compliance with those requirements. FRA and State inspections determine the extent to which the railroads, shippers, and manufacturers have fulfilled their obligations with respect to inspection, maintenance, training, and supervision. The FRA and participating States do not conduct inspections of track, equipment, signal systems, operating practices, and hazardous materials handling for the railroads, shippers, and manufacturers.

(2) The national railroad safety program is also carried out through routine inspections, accident investigations, formal and informal educational efforts, complaint investigations, safety assessments, special inquiries, regulatory development, research and similar initiatives.

(c) It is the policy of the FRA to maintain direct oversight of railroad, shipper, and manufacturer conditions and practices relevant to safety by conducting inspections and investigations in concert with participating State agencies.

(d) The principal role of the State Safety Participation Program in the national railroad safety effort is to provide an enhanced investigative and surveillance capability through assumption, by participating State agencies, of responsibility for planned routine compliance inspections. The FRA encourages further State contributions to the national railroad safety program consistent with overall program needs, individual State capabilities, and the willingness of the States to undertake additional investigative and surveillance activities.

(e) It is the policy of the FRA to promote the growth and vitality of the State Safety Participation Program through liaison with State government, coordination of Federal and State investigative and surveillance activities, and training of inspection personnel.

[47 FR 41051, Sept. 16, 1982, as amended at 57 FR 28115, June 24, 1992]

Notes of Decisions

Cited in 3 cases, 1987–2012 · leading case: Missouri Pac. R.R. Co. v. R.R. Comm'n of Texas, 833 F.2d 570 (5th Cir. 1987).

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Missouri Pac. R.R. Co. v. R.R. Comm'n of Texas, 833 F.2d 570 (5th Cir. 1987). “The House Report on the bill recognized and explicitly preserved the state’s participation in enforcement of the federal scheme as a vital element in administration of the Act. House Report at 4109.”

Thompson v. Ne. Illinois Reg'l Commuter R.R., 854 N.E.2d 744 (Ill. App. Ct. 2006). · cites it 2× “” 49 C.F.R. §212.101 (a) (2005). Federal regulations have been passed regarding track inspection (see, e.”

Skrovig v. BNSF Ry. Co., 855 F. Supp. 2d 933 (D.S.D. 2012). “” 49 C.F.R. § 212.101 (a). The track safety standards proclaim the regulations: [P]rescribe[] minimum safety requirements for railroad track that is part of the general railroad system of transportation.”

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