49 C.F.R. § 229.43

Exhaust and battery gases

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(a) Products of combustion shall be released entirely outside the cab and other compartments. Exhaust stacks shall be of sufficient height or other means provided to prevent entry of products of combustion into the cab or other compartments under usual operating conditions.

(b) Battery containers shall be vented and batteries kept from gassing excessively.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1992–2022 · leading case: Taylor v. CSX Transp., Inc., 264 F.R.D. 281 (N.D. Ohio 2007).

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Taylor v. CSX Transp., Inc., 264 F.R.D. 281 (N.D. Ohio 2007). · cites it 4× “(LIA); 2 and (3) Defendants violated 49 C.F.R. § 229.43 (a), implemented under LIA, which provides: Products of combustion shall be released entirely outside the cab and other compartments.”

Norfolk S. Ry. Co. v. Baker, 514 S.E.2d 448 (Ga. Ct. App. 1999). · cites it 3× “, and with violating the Locomotive Boiler Inspection Act’s (“LBIA”), 45 USC § 23 , regulation that products of combustion shall be released outside locomotive crew-cabins, 49 CFR § 229.”

Missouri Pac. R.R. v. Brown, 862 S.W.2d 636 (Tex. App. 1993). · cites it 2× “49 C.F.R. § 229.43 . The Boiler Inspection Act and the rules promulgated to enforce it should be liberally construed in light of its primary purpose, which is the protection of employees and others by requiring the use of safe equipment.”

Hager v. Norfolk W., Unpublished Decision (12-14-2006), 2006 Ohio 6580 (Ohio Ct. App. 2006). · cites it 2× “Courts have held that exposure to diesel fumes in locomotive cabs is a direct violation of 49 C.F.R. 229.43 , and thus a violation of the LIA.”

Dixson v. Burlington N. R.R., 795 F. Supp. 939 (D. Neb. 1992). · cites it 2× “As stated by an agency official, that regulation applies only to the operating locomotive, notwithstanding recent industry changes eliminating cabooses on many trains and making it necessary for crew members to ride in trailing locomotives.”

Gillett v. BNSF Ry. Co. (D. Neb. 2022). · cites it 2× “45 , which requires that all systems and components on a locomotive shall be free of conditions that endanger the safety of the crew; and 49 C.F.R. § 229.43 , which requires combustion products to be "released entirely outside the cab and other compartments" and requires that…”

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