49 C.F.R. § 229.117
Speed indicators
(a) After December 31, 1980, each locomotive used as a controlling locomotive at speeds in excess of 20 miles per hour shall be equipped with a speed indicator which is—
(1) Accurate within ±3 miles per hour of actual speed at speeds of 10 to 30 miles per hour and accurate within ±5 miles per hour at speeds above 30 miles per hour; and
(2) Clearly readable from the engineer's normal position under all light conditions.
(b) Each speed indicator required shall be tested as soon as possible after departure by means of speed test sections or equivalent procedures.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1982–2022 · leading case: Murrell v. Union Pac. R.R., 544 F. Supp. 2d 1138 (D. Or. 2008).
Murrell v. Union Pac. R.R., 544 F. Supp. 2d 1138 (D. Or. 2008). “recorded speed was well within the federal parameters, as set forth in 49 C.F.R. § 229.117 (a). Plaintiff argues, however, 49 C.”
Lopez v. CSX Transp., Inc., 269 F. Supp. 3d 668 (W.D. Pa. 2017). “9 must also be read with 49 C.F.R. § 229.117 (a)(1), which requires that trains be, .”
Consol. Rail Corp. v. Pennsylvania Pub. Util. Comm'n, 536 F. Supp. 653 (E.D. Pa. 1982). “§ 434, and a federal regulation, 49 C.F.R. § 229.117 (1980). The railroad argues that the Locomotive Inspection Act totally preempts the field of locomotive equipment, barring any state regulation of that subject.”
Glow v. Union Pac. R.R., 652 F. Supp. 2d 1135 (E.D. Cal. 2009). “Moreover, the only relevant regulation to which the defendant directs the court is 49 C.F.R. § 229.117 (a)(2), which requires that trains traveling over twenty miles per hour contain a speed indicator that is “[cjlearly readable from the engineer’s normal position.”
Nay v. BNSF Ry. Co. (W.D. Wash. 2021). “Ogden notes that several BNSF engineers had previously indicated speedometer defects with 15 the train between May 14, 2017, and May 16, 2017, and that due to federal regulations 16 concerning speedometers under 49 C.F.R. § 229.117 , the train should not have been operated in 17…”
Nay v. BNSF Ry. Co. (W.D. Wash. 2022). “14 Nay objects to the recommended dismissal of his excessive speed claim, arguing 15 that he has both alleged and provided evidence that the train’s speedometer was 16 malfunctioning, and that under a Federal Regulation ( 49 C.F.R. § 229.117 ) and Amtrak’s 17 own rules (Train…”
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