(a) Cab seats shall be securely mounted and braced. Cab doors shall be equipped with a secure and operable latching device.
(b) Cab windows of the lead locomotive shall provide an undistorted view of the right-of-way for the crew from their normal position in the cab. (See also, Safety Glazing Standards, 49 CFR part 223, 44 FR 77348, Dec. 31, 1979.)
(c) Floors of cabs, passageways, and compartments shall be kept free from oil, water, waste or any obstruction that creates a slipping, tripping or fire hazard. Floors shall be properly treated to provide secure footing.
(d) Any occupied locomotive cab shall be provided with proper ventilation and with a heating arrangement that maintains a temperature of at least 60 degrees Fahrenheit 6 inches above the center of each seat in the cab compartment.
(e) Similar locomotives with open-end platforms coupled in multiple control and used in road service shall have a means of safe passage between them; no passageway is required through the nose of car body locomotives. There shall be a continuous barrier across the full width of the end of a locomotive or a continuous barrier between locomotives.
(f) Containers shall be provided for carrying fusees and torpedoes. A single container may be used if it has a partition to separate fusees from torpedoes. Torpedoes shall be kept in a closed metal container.
(g) Each locomotive or remanufactured locomotive placed in service for the first time on or after June 8, 2012, shall be equipped with an air conditioning unit in the locomotive cab compartment.
(h) Each air conditioning unit in the locomotive cab on a locomotive identified in paragraph (g) of this section shall be inspected and maintained to ensure that it operates properly and meets or exceeds the manufacturer's minimum operating specifications during the periodic inspection required for the locomotive pursuant to § 229.23 of this part.
(i) Each locomotive or remanufactured locomotive ordered on or after June 8, 2012, or placed in service for the first time on or after December 10, 2012, shall be equipped with a securement device on each exterior locomotive cab door that is capable of securing the door from inside of the cab.
[45 FR 21109, Mar. 31, 1980, as amended at 77 FR 21346, Apr. 9, 2012]
Notes of Decisions
Thomas Host v. BNSF Ry. Co., 460 S.W.3d 87 (Mo. Ct. App. 2015).
· cites it 13× “Here, the trial court admitted a copy of the 49 C.F.R. section 229.119 into evidence and permitted the exhibit to be viewed by the jury during its deliberations.”
Lockley v. CSX Transp. Inc., 5 A.3d 383 (Pa. Super. Ct. 2010).
· cites it 10× “49 C.F.R. 229.119(a). Specifically, federal regulations require that cab seats be "securely mounted and braced.”
Bowers v. Norfolk S. Corp., 537 F. Supp. 2d 1343 (M.D. Ga. 2007).
· cites it 7× “Among other defects, O’Brien found that the seat was not securely mounted and braced, violating 49 C.F.R. § 229.119 (a). O’Brien further stated that this violation caused Plaintiffs alleged injuries.”
Illinois Cent. R.R. v. Brent, 133 So. 3d 760 (Miss. 2013).
· cites it 5× “49 CFR § 229.119 (d) (1999). The jury was instructed to find in favor of Brent if it found that Illinois Central violated that regulation and that such violation caused Brent’s injury.”
CSX Transp., Inc. v. Miller, 46 So. 3d 434 (Ala. 2010).
· cites it 6× “Thereafter, Miller amended his complaint on three occasions to assert additional facts; to allege an additional violation of the LIA by asserting that his injuries were caused by CSX's violation of 49 C.F.R. § 229.119 for failing to provide cab seats that were securely mounted…”
Payton v. Union Pac. R.R., 405 S.W.3d 1 (Mo. Ct. App. 2013).
· cites it 9× “On appeal from this judgment, plaintiff asserts that the trial court erred (1) in directing a verdict on the LIA count because he adduced substantial evidence that a violation of 49 C.F.R. § 229.119 caused plaintiffs injury; and (2) in allowing evidence that railroad employees…”
Martin v. BNSF Ry. Co., 2015 MT 167 (Mont. 2015).
· cites it 6× “” 49 C.F.R. § 229.119 (c). ¶15 Martin argues that because he proved the presence of ice and snow on the steps of the BNSF locomotive, which he argues is a slipping hazard and a violation of 49 C.”
Deso v. CSX Transp., Inc., 790 F. Supp. 2d 1 (N.D.N.Y. 2011).
· cites it 7× “13 Plaintiff claims that defendant violated 49 C.F.R. § 229.119 (c) which provides: Floors of cabs, passageways, and compartments shall be kept free from oil, water, waste or any obstruction that creates a slipping, tripping or fire hazard.”
Coleman v. Norfolk S. Ry. Co., 304 F. Supp. 3d 648 (E.D. Ky. 2018).
· cites it 8× “45 and 49 CFR § 229.119 (c). [Docket No. 39]. The matter has been fully briefed by the parties [Docket Nos.”
Lester D. King v. S. Pac. Transp. Co., 855 F.2d 1485 (10th Cir. 1988).
· cites it 4× “” 49 C.F.R. § 229.119 (1980). Since the seat met this requirement, SP contended there was no violation of the BIA and that neither armrests nor seatbelts were parts or appurtenances of the engine in which King was riding so that the BIA was inapplicable.”
Gregory v. Missouri Pac. R.R., 32 F.3d 160 (5th Cir. 1994).
· cites it 4× “In its peremptory instruction, the court employed language from both the BIA and a regulation adopted under it, 49 C.F.R. § 229.119 (c). It instructed that the BIA required operation “without unnecessary peril to life or limb”; and from the regulation, without referencing it,…”
— 49 C.F.R. § 229.119(D) — 1 case
— 49 C.F.R. § 229.119(a) — 1 case
Lockley v. CSX Transp. Inc., 5 A.3d 383 (Pa. Super. Ct. 2010).
“49 C.F.R. 229.119(a). Specifically, federal regulations require that cab seats be "securely mounted and braced.”
— 49 C.F.R. § 229.119(c) — 3 cases
Thomas Host v. BNSF Ry. Co., 460 S.W.3d 87 (Mo. Ct. App. 2015).
“Here, the trial court admitted a copy of the 49 C.F.R. section 229.119 into evidence and permitted the exhibit to be viewed by the jury during its deliberations.”
Deso v. CSX Transp., Inc., 790 F. Supp. 2d 1 (N.D.N.Y. 2011).
“13 Plaintiff claims that defendant violated 49 C.F.R. § 229.119 (c) which provides: Floors of cabs, passageways, and compartments shall be kept free from oil, water, waste or any obstruction that creates a slipping, tripping or fire hazard.”
— 49 C.F.R. § 229.119(d) — 3 cases
Illinois Cent. R.R. v. Brent, 133 So. 3d 760 (Miss. 2013).
“49 CFR § 229.119 (d) (1999). The jury was instructed to find in favor of Brent if it found that Illinois Central violated that regulation and that such violation caused Brent’s injury.”
— 49 C.F.R. § 229.119(g) — 1 case
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