C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 218—RAILROAD OPERATING PRACTICES › Subpart F—Handling Equipment, Switches, and Fixed Derails

49 C.F.R. § 218.101

Leaving rolling and on-track maintenance-of-way equipment in the clear

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(a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.

(b) Rolling and on-track maintenance-of-way equipment shall not be left where it will foul a connecting track unless:

(1) The equipment is standing on a main track and a siding track switch that the equipment is fouling is lined for the main track on which the equipment is standing; or

(2) The equipment is standing on a siding and a main track switch that the equipment is fouling is lined for the siding on which the equipment is standing; or

(3) The equipment is standing on a yard switching lead track, and the yard track switch that the equipment is fouling is lined for the yard switching lead track on which the equipment is standing; or

(4) The equipment is on an industry track beyond the clearance point of the switch leading to the industry.

(c) Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: United Transp. Union, Pennsylvania State Legislative Bd. v. Pennsylvania Pub. Util. Comm'n, 68 A.3d 1026 (Pa. Commw. Ct. 2013).
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United Transp. Union, Pennsylvania State Legislative Bd. v. Pennsylvania Pub. Util. Comm'n, 68 A.3d 1026 (Pa. Commw. Ct. 2013). · cites it 2× “Moreover, it cannot be disputed that the FRA enforces the Regulation and 49 C.F.R. § 218.101 (b) as they relate to securing equipment and run outs from the Yard.”
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