C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS › Subpart B—Inspections and Tests

49 C.F.R. § 229.21

Daily inspection

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Except for MU locomotives, each locomotive in use shall be inspected at least once during each calendar day. A written report of the inspection shall be made. This report shall contain the name of the carrier; the initials and number of the locomotive; the place, date and time of the inspection; a description of the non-complying conditions disclosed by the inspection; and the signature of the employee making the inspection. Except as provided in §§ 229.9, 229.136, 229.137, and 229.139, any conditions that constitute non-compliance with any requirement of this part shall be repaired before the locomotive is used. Except with respect to conditions that do not comply with §§ 229.136, 229.137, or 229.139, a notation shall be made on the report indicating the nature of the repairs that have been made. Repairs made for conditions that do not comply with §§ 229.136, 229.137, or 229.139 may be noted on the report, or in electronic form. The person making the repairs shall sign the report. The report shall be filed and retained for at least 92 days in the office of the carrier at the terminal at which the locomotive is cared for. A record shall be maintained on each locomotive showing the place, date and time of the previous inspection.

(b) Each MU locomotive in use shall be inspected at least once during each calendar day and a written report of the inspection shall be made. This report may be part of a single master report covering an entire group of MU locomotives. If any non-complying conditions are found, a separate, individual report shall be made containing the name of the carrier; the initials and number of the locomotive; the place, date, and time of the inspection; the non-complying conditions found; and the signature of the inspector. Except as provided in §§ 229.9, 229.136, 229.137, and 229.139, any conditions that constitute non-compliance with any requirement of this part shall be repaired before the locomotive is used. Except with respect to conditions that do not comply with §§ 229.136, 229.137, or 229.139, a notation shall be made on the report indicating the nature of the repairs that have been made. Repairs made for conditions that do not comply with §§ 229.136, 229.137, or 229.139 may be noted on the report, or in electronic form. A notation shall be made on the report indicating the nature of the repairs that have been made. The person making the repairs shall sign the report. The report shall be filed in the office of the carrier at the place where the inspection is made or at one central location and retained for at least 92 days.

(c) Each carrier shall designate qualified persons to make the inspections required by this section.

[45 FR 21109, Mar. 31, 1980, as amended at 50 FR 6953, Feb. 19, 1985; 67 FR 16050, Apr. 4, 2002; 88 FR 70761, Oct. 12, 2023]
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1991–2024 · leading case: Ricky Edwards v. CSX Transportation Inc.
Sort: Relevance Newest Treatment
Ricky Edwards v. CSX Transportation Inc. (2016) ca6 · cites it 3× “See 49 C.F.R. § 229.21 . The district court held that CSX complied with the regulations as a matter of law, precluding liability for Edwards’ injuries.”
Gary Miller v. Union Pacific Railroad Company (2020) ca8 “(citing 49 C.F.R. § 229.21 ). The facts were -8- uncontested that the bathroom was unsanitary at the time of plaintiff’s accident, and that the railroad had cleaned the bathroom less than 24 hours prior.”
Aloi v. Union Pacific Railroad Corp. (2006) colo “49 C.F.R. § 229.21 (2005). 3 Pursuant to this regulation, UP em *1001 ploys a 92-day document retention policy.”
Wagner v. Union Pacific Railroad (2002) nebctapp “7(a), and failing to make the required daily inspection report as required by 49 C.F.R. § 229.21 (1997). In its answer to Wagner’s amended petition, the Railroad asserted that the locomotive at issue was not “in use” and that the BIA did not apply.”
Ricky Edwards v. CSX Transportation Inc. (2014) ca6 · cites it 2× “823 had been inspected the day before as required by 49 CFR § 229.21 .[ 1 ] That report indicated that the toilet on No.”
Haager v. Chicago Rail Link, LLC (2005) ilnd “In Opinion 8, Byrnes states that “[p]ursuant to 49 CFR § 229.21 (a), CSXT should have repaired the inoperable cab door after it was first reported on the daily inspection form before using or allowing the 4767 to be used again.”
John J. O'COnnell v. National Railroad Passenger Corporation (1991) ca2 “Primarily in contention were the regulations requiring daily inspections of locomotives, 49 C.F.R. § 229.21 (1990) 1 , and prohibiting the use of “[bjroken or badly chafed [cable shaft] insulation.”
Gilliam v. Norfolk Southern Railway Company (2020) ohsd · cites it 4× “7 (a), and that the defendant had failed to conduct a daily inspection under 49 C.F.R. §229.21 . Rather than relying upon the duties of maintenance and inspection, the trial court cited § 229.”
Carter v. Bnsf Railway (2024) arizctapp “49 C.F.R. § 229.21 (a). Part of the inspection is to ensure that the floors and passageways of the locomotive are kept free from oil that creates a slipping hazard.”
TRUPPO v. NORFOLK SOUTHERN RAILWAY COMPANY (2021) insd “In his testimony, Truppo agreed that it was his "job to inspect the locomotive before [he] took it and note any defects," see 49 C.F.R. § 229.21 (c) ("Each carrier shall designate qualified persons to make the inspections required by this section"), and, on the day in question,…”
Jaeger v. BNSF Railway Company (2024) wawd “See 49 CFR 229.21(a) 14 (“Except for MU locomotives, each locomotive in use shall be inspected at least once 15 during each calendar day.”
— 49 C.F.R. § 229.21(a) — 2 cases
Gilliam v. Norfolk Southern Railway Company (2020) ohsd “7 (a), and that the defendant had failed to conduct a daily inspection under 49 C.F.R. §229.21 . Rather than relying upon the duties of maintenance and inspection, the trial court cited § 229.”
Jaeger v. BNSF Railway Company (2024) wawd “See 49 CFR 229.21(a) 14 (“Except for MU locomotives, each locomotive in use shall be inspected at least once 15 during each calendar day.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.