49 C.F.R. § 216.15

Special notice for repairs—track class

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(a) When an FRA Track Inspector or State Track Inspector determines that track does not comply with the requirements for the class at which the track is being operated, as defined in the Track Safety Standards (49 CFR part 213), he notifies the railroad in writing that the track is being lowered in class and that operations over that track must comply with the speed limitations prescribed in part 213 of this chapter. The notice describes the conditions requiring the track to be lowered in class, specifies the exact location of the affected track segment, and states the highest class and corresponding maximum speeds at which trains may be operated over that track. After receipt of such notice, the speeds at which trains operate over that track shall not exceed the stated maximum permissible speeds, until such time as the track conforms to applicable standards for a higher class.

(b) The railroad shall notify the FRA Track and Structures Division in writing when the track is restored to a condition permitting operations at speeds authorized for a higher class, specifying the repairs completed.

[41 FR 43153, Sept. 30, 1976, as amended at 90 FR 28142, July 1, 2025]

Notes of Decisions

Cited in 4 cases, 2000–2004 · leading case: Hightower v. Kansas City S. Ry. Co., 2003 OK 45 (Okla. 2003).

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Hightower v. Kansas City S. Ry. Co., 2003 OK 45 (Okla. 2003). “If the defect had been of a nature that would warrant indication of violation and lowering of the track classification, not only would the inspection report so state, but the Railroad would have been required to provide written notification to the FRA Regional Administrator…”

Anderson v. Wisconsin Cent. Transp. Co., 327 F. Supp. 2d 969 (E.D. Wis. 2004). “49 C.F.R. § 216.15 (a). Additionally, if track does not comply with the requirements for the class at which it is being operated, a railroad must bring it into compliance, halt operations over the track or operate trains over the track under special conditions.”

Stevenson v. Union Pac. R.R., 110 F. Supp. 2d 1086 (E.D. Ark. 2000). “49 C.F.R. § 216.15 (a). The FRA inspector in this case inspected the tracks regularly before the accident and found that they complied with the Class IV requirements.”

Sipes v. Union Pac. R.R., 925 F. Supp. 2d 1051 (E.D. Ark. 2002). · cites it 2× “See 49 C.F.R. § 216.15 (a). After this initial round of briefing, the Court believed it was necessary to find out more about the relationship of the crossing inventory reports and the classification of track.”

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