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

49 C.F.R. § 229.45

General condition

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All systems and components on a locomotive shall be free of conditions that endanger the safety of the crew, locomotive or train. These conditions include: insecure attachment of components, including third rail shoes or beams, traction motors and motor gear cases, and fuel tanks; fuel, oil, water, steam, and other leaks and accumulations of oil on electrical equipment that create a personal injury hazard; improper functioning of components, including slack adjusters, pantograph operating cylinders, circuit breakers, contactors, relays, switches, and fuses; and cracks, breaks, excessive wear and other structural infirmities of components, including quill drives, axles, gears, pinions, pantograph shoes and horns, third rail beams, traction motor gear cases, and fuel tanks.

Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1985–2023 · leading case: Straub v. BNSF Ry. Co.
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Straub v. BNSF Ry. Co. (2018) ca10 · cites it 3× “7 In a later order directed to BNSF's motion for summary judgment on Straub's negligence-based FELA claim, the district court concluded 49 C.F.R. § 229.45 was inapplicable to Straub's claims because the regulation "specifically enumerate[s] the specific conditions that are…”
Coleman v. Norfolk S. Ry. Co. (2018) kyed · cites it 11× “§ 20701 and claims asserting alleged violations of the federal regulations codified at 49 CFR § 229.45 and 49 CFR § 229.119 (c).”
George M. Diede v. Burlington Northern Railroad Company (1985) ca9 · cites it 4× “45 , promulgated by the Federal Railroad Administration pursuant to the Boiler Safety Inspection Act, provides in pertinent part: All systems and components on a locomotive shall be free of conditions that endanger the safety of the crew, locomotive or train.”
Grogg v. CSX Transportation, Inc. (2009) innd · cites it 3× “7 and 49 C.F.R. § 229.45 . Section 229.7 states, in pertinent part, as follows: (a) The Locomotive Inspection Act .”
Frank T. Coffey v. Northeast Illinois Regional Commuter Railroad Corporation (Metra) (2007) ca7 “233 (e), but this regulation didn’t go into effect until long after the cab car was placed in service, and so it is inapplicable, “Section 238.233 Interior Fittings and Surfaces,” 64 Fed.”
Elston v. Union Pacific Railroad (2003) coloctapp “13, and all systems and components of the locomotive must be free of conditions that would endanger the safety of the crew or the train, 49 C.F.R. § 229.45 . 1. Plaintiff offered evidence that: (1) pursuant to the LIA, defendant knew or should have known that because the lead…”
Munns v. CSX Transportation, Inc. (2008) ohnd “Failure to Maintain The LIA regulations also contain a broad duty to maintain equipment in good and safe working order. See 49 C.F.R. § 229.7 (requiring a locomotive and its appurtenances to be “in proper condition and safe to operate in the service to which they are put without…”
Gregory v. Missouri Pacific Railroad (1994) ca5 “Gregory also cites a more general regulation, 49 C.F.R. § 229.45 , which provides: General Condition.”
Hans Harris v. BNSF Railway Company (2012) texapp · cites it 6× “This provision of the Code of Federal Regulations addresses the general condition of locomotive safety standards, requiring that: All systems and components on a locomotive shall be free of conditions that endanger the safety of the crew, locomotive or train. These conditions…”
Harper v. Norfolk Southern Railway Co. (2014) ohsd “119 (a), and 49 C.F.R. § 229.45 ). With the propriety of Plaintiffs claim established, the Court turns now to the merits.”
Cowden v. BNSF Ry. Co. (2010) moed “23 by permitting the use of an engine which had not been properly inspected; and (3) violated 49 C.F.R. § 229.45 by permitting the use of an engine which was not free of conditions that endangered the safety of the crew.”
Gilliam v. Norfolk Southern Railway Company (2020) ohsd · cites it 5× “In addition to arguing that the step was not “in proper condition and safe to operate without unnecessary danger of personal injury” under the statute, Plaintiff cites three supporting regulations: 49 C.F.R. §§229.45 , 229.7, and 229.119. A violation of an LIA regulation, like a…”
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