(a) The purpose of this subpart is to prevent accidents and casualties caused by moving railroad cars, locomotives or roadway maintenance machines striking roadway workers or roadway maintenance machines.
(b) This subpart prescribes minimum safety standards for roadway workers. Each railroad and railroad contractor may prescribe additional or more stringent operating rules, safety rules, and other special instructions that are consistent with this subpart.
(c) This subpart prescribes safety standards related to the movement of roadway maintenance machines where such movements affect the safety of roadway workers. Except as provided for in § 214.320, this subpart does not otherwise affect movements of roadway maintenance machines that are conducted under the authority of a train dispatcher, a control operator, or the operating rules of the railroad.
[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37885, June 10, 2016]
Notes of Decisions
Henderson v. Nat'l R.R. Passenger Corp., 87 F. Supp. 3d 610 (S.D.N.Y. 2015).
· cites it 4× “” 49 C.F.R. § 214.301 (a). In furtherance of this purpose, Subpart C “prescribes minimum safety standards for roadway workers,” while expressly permitting “[e]ach railroad and railroad contractor [to] prescribe additional or more stringent operating rules, safety rules, and…”
Baker v. Canadian Nat'l/Illinois Cent. Ry. Co., 397 F. Supp. 2d 803 (S.D. Miss. 2005).
“49 C.F.R. § 214.301 (express purpose of rules is “prevent[ing] accidents and casualties caused by moving railroad cars, locomotives or roadway maintenance machines striking roadway workers or roadway maintenance machines.”
Zimmerman v. Long Island R.R., 2 F. App'x 172 (2d Cir. 2001).
· cites it 2× “Citing 49 C.F.R. § 214.301 , the “Purpose and Scope” provision of the RWPR, the court noted that “the purpose of [the regulations] is to prevent accidents and casualties caused by moving railroad cars, locomotives or roadway maintenance machines striking roadway workers.”
Woods v. Burlington N. & Santa Fe Ry., 2004 MT 332 (Mont. 2004).
“¶21 The purpose and scope of the FRA “Roadway Worker Protection” regulations is set forth at 49 C.F.R. 214.301. The regulation provides: (a) The purpose of this subpart is to prevent accidents and casualties caused by moving railroad cars, locomotives or roadway maintenance…”
Woods v. Burlington North. & Santa Fe Ry., 2004 MT 332 (Mont. 2004).
“¶ 21 The purpose and scope of the FRA "Roadway Worker Protection" regulations is set forth at 49 C.F.R. § 214.301 . The regulation provides: (a) The purpose of this subpart is to prevent accidents and casualties caused by moving railroad cars, locomotives or roadway maintenance…”
Lessert v. BNSF Ry. Co. (D.S.D. 2020).
“49 C.F.R. § 214.301 . Uncoupling the safety briefing from the assignment of a task could encourage a railroad to leave safety considerations out of the assignment process.”
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