C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS › Subpart A—General

49 C.F.R. § 215.13

Pre-departure inspection

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(a) At each location where a freight car is placed in a train, the freight car shall be inspected before the train departs. This inspection may be made before or after the car is placed in the train.

(b) At a location where an inspector designated under § 215.11 is on duty for the purpose of inspecting freight cars, the inspection required by paragraph (a) of this section shall be made by that inspector to determine whether the car is in compliance with this part.

(c) At a location where a person designated under § 215.11 is not on duty for the purpose of inspecting freight cars, the inspection required by paragraph (a) shall, as a minimum, be made for those conditions set forth in appendix D to this part.

(d) Performance of the inspection prescribed by this section does not relieve a railroad of its liability under § 215.7 for failure to comply with any other provision of this part.

[45 FR 26710, Apr. 21, 1980]
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2000–2023 · leading case: Hill v. Burlington N. & Santa Fe Ry. Co., 416 F.3d 787 (8th Cir. 2005).
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Hill v. Burlington N. & Santa Fe Ry. Co., 416 F.3d 787 (8th Cir. 2005). “49 C.F.R. § 215.13 . Railroads must designate inspectors who “have demonstrated to the railroad a knowledge and ability to inspect railroad freight cars for compliance with the [FRA regulations].”
Mehl v. Canadian Pac. Ry., Ltd., 417 F. Supp. 2d 1104 (D.N.D. 2006). “citing 49 C.F.R. §§ 215.13 , 215.11, 215.123, 215.”
Bradford v. Union Pac. R.R., 491 F. Supp. 2d 831 (W.D. Ark. 2007). · cites it 2× “citing 49 C.F.R. §§ 215.13 , 215.11, 215.123, 215.”
Charles Harris v. Norfolk S. Ry. Co., 784 F.3d 954 (4th Cir. 2015). “49 C.F.R. § 215.13 (2009) (requiring pre-departure inspection of freight cars but providing that performance of such inspections does not prevent a railroad from being liable for civil penalties for cars’ noncompliance with freight-car safety standards).”
Duprey v. Huron & E. Ry. Co., 604 N.W.2d 702 (Mich. Ct. App. 2000). · cites it 4× “13 requires that freight cars be inspected before the train departs, 49 CFR 215.13(a); that the inspection be performed by a designated inspector to determine whether the car is in compliance with part 215, 49 CFR 215.”
Wells v. BNSF Ry. Co. (D. Mont. 2023). “) BNSF also contends that “Plaintiffs’ allegations that BNSF is negligent in failing to prevent dust from escaping its railcars are preempted by FRSA regulations concerning train speed” and that FRA regulations require inspection of freight cars at each location where they are…”
Hawley v. Delaware & Hudson Ry. Co., 514 F. Supp. 2d 650 (M.D. Penn. 2007). “49 C.F.R. § 215.13 . Appendix D to § 215 lists the hazardous conditions readily discoverable by a train crew during a customary inspection.”
Larry Hill v. Burlington N. (8th Cir. 2005). “49 C.F.R. § 215.13 . Railroads must designate inspectors who “have demonstrated to the railroad a knowledge and ability to inspect railroad freight cars for compliance with the [FRA regulations].”
— 49 C.F.R. § 215.13(a) — 1 case
Duprey v. Huron & E. Ry. Co., 604 N.W.2d 702 (Mich. Ct. App. 2000). “13 requires that freight cars be inspected before the train departs, 49 CFR 215.13(a); that the inspection be performed by a designated inspector to determine whether the car is in compliance with part 215, 49 CFR 215.”
— 49 C.F.R. § 215.13(b) — 1 case
Duprey v. Huron & E. Ry. Co., 604 N.W.2d 702 (Mich. Ct. App. 2000). “13 requires that freight cars be inspected before the train departs, 49 CFR 215.13(a); that the inspection be performed by a designated inspector to determine whether the car is in compliance with part 215, 49 CFR 215.”
— 49 C.F.R. § 215.13(c) — 1 case
Duprey v. Huron & E. Ry. Co., 604 N.W.2d 702 (Mich. Ct. App. 2000). “13 requires that freight cars be inspected before the train departs, 49 CFR 215.13(a); that the inspection be performed by a designated inspector to determine whether the car is in compliance with part 215, 49 CFR 215.”
— 49 C.F.R. § 215.13(d) — 1 case
Duprey v. Huron & E. Ry. Co., 604 N.W.2d 702 (Mich. Ct. App. 2000). “13 requires that freight cars be inspected before the train departs, 49 CFR 215.13(a); that the inspection be performed by a designated inspector to determine whether the car is in compliance with part 215, 49 CFR 215.”
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