49 C.F.R. § 218.23

Blue signal display

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(a) Blue signals displayed in accordance with § 218.25, 218.27, or 218.29 signify that workers are on, under, or between rolling equipment. When so displayed—

(1) The equipment may not be coupled to;

(2) The equipment may not be moved, except as provided for in § 218.29;

(3) Other rolling equipment may not be placed on the same track so as to reduce or block the view of a blue signal, except as provided for in § 218.29 (a), (b) and (c); and

(4) Rolling equipment may not pass a displayed blue signal.

(b) Blue signals must be displayed in accordance with § 218.25, 218.27, or 218.29 by each craft or group of workers prior to their going on, under, or between rolling equipment and may only be removed by the same craft or group that displayed them.

Notes of Decisions
Cited in 6 cases, 1983–2017 · leading case: Wright v. Arkansas & Missouri R.R., 574 F.3d 612 (8th Cir. 2009).
Wright v. Arkansas & Missouri R.R., 574 F.3d 612 (8th Cir. 2009). · cites it 4× “49 C.F.R. §§ 218.23 , 218.29. The decisions in the few cases that have addressed the issue of blue flagging are mixed.”
Huntsinger v. BNSF Ry. Co., 398 P.3d 403 (Or. Ct. App. 2017). · cites it 3× “See 49 CFR § 218.23 (a) (providing that “blue signals” signify that “workers are on, under, or between rolling equipment,” and, in general, rolling equipment “may not be moved” when it is blue-flagged).”
Paul v. Genesee & Wyoming Indus., Inc., 93 F. Supp. 2d 310 (W.D.N.Y. 2000). · cites it 2× “See 49 C.F.R. § 218.23 (a), (b) (1999) (providing that when “blue signals” are displayed “[ojther rolling equipment may not be placed on the same track” and that such signals “may only be removed by the same craft or group that displayed them”).”
United Transp. Union v. Drew Lewis, Sec'y of Transp., 711 F.2d 233 (D.C. Cir. 1983). “49 C.F.R. § 218.23 . This argument is without merit for two reasons.”
Bernard Morant v. Long Island R.R., 66 F.3d 518 (2d Cir. 1995). “49 C.F.R. § 218.23 (1989) (emphasis added).”
Brian Wright v. AR & MO R.R. Co. (8th Cir. 2009). · cites it 2× “49 C.F.R. §§ 218.23 , 218.29. -15- conclusion.”
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