49 C.F.R. § 213.235
Inspection of switches, track crossings, and lift rail assemblies or other transition devices on moveable bridges
(a) Except as provided in paragraph (c) of this section, each switch, turnout, track crossing, and moveable bridge lift rail assembly or other transition device shall be inspected on foot at least monthly.
(b) Each switch in Classes 3 through 5 track that is held in position only by the operating mechanism and one connecting rod shall be operated to all of its positions during one inspection in every 3 month period.
(c) In the case of track that is used less than once a month, each switch, turnout, track crossing, and moveable bridge lift rail assembly or other transition device shall be inspected on foot before it is used.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2020–2024 · leading case: Gary Miller v. Union Pac. R.R. Co., 972 F.3d 979 (8th Cir. 2020).
Gary Miller v. Union Pac. R.R. Co., 972 F.3d 979 (8th Cir. 2020). “” 49 C.F.R. § 213.235 . IV. Miller alleges UP was negligent per se for violating the regulation requiring that the main track switch be lined and locked for main line movement per UP’s policy.”
Martin Jaranowski v. Indiana Harbor Belt R.R. Co., 72 F.4th 744 (7th Cir. 2023). “See 49 C.F.R. § 213.235 . Switch MA 27 was inspected on October 15, 2020, eleven days before Jaranowski was injured.”
Crayton v. Wisconsin Cent., Ltd., 667 F. Supp. 3d 896 (N.D. Ind. 2023). “Over the next twenty- six days, despite the KN 8 switch being operated frequently, no one reported any problems with the switch until January 4, 2017, when the Plaintiff was injured.”
Schmoock v. Kansas City S. Ry. Co., No. 3:20-cv-00309 (M.D. La. Mar. 26, 2024). “Pursuant to 49 C.F.R. § 213.235 , an on-foot inspection must be conducted at least once per month.”
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