49 C.F.R. § 229.46

Brakes: general

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(a) Before each trip, the railroad shall know the following:

(1) The locomotive brakes and devices for regulating pressures, including but not limited to the automatic and independent brake control systems, operate as intended; and

(2) The water and oil have been drained from the air brake system of all locomotives in the consist.

(b) A locomotive with an inoperative or ineffective automatic or independent brake control system will be considered to be operating as intended for purposes of paragraph (a) of this section, if all of the following conditions are met:

(1) The locomotive is in a trailing position and is not the controlling locomotive in a distributed power train consist;

(2) The railroad has previously determined, in conjunction with the locomotive and/or airbrake manufacturer, that placing such a locomotive in trailing position adequately isolates the non-functional valves so as to allow safe operation of the brake systems from the controlling locomotive;

(3) If deactivation of the circuit breaker for the air brake system is required, it shall be specified in the railroad's operating rules;

(4) A tag shall immediately be placed on the isolation switch of the locomotive giving the date and location and stating that the unit may only be used in a trailing position and may not be used as a lead or controlling locomotive;

(5) The tag required in paragraph (b)(4) of this section remains attached to the isolation switch of the locomotive until repairs are made; and

(6) The inoperative or ineffective brake control system is repaired prior to or at the next periodic inspection.

[77 FR 21346, Apr. 9, 2012]

Notes of Decisions

Cited in 2 cases, 2010–2015 · leading case: Est. of Sandra Brust & Philip Brust, Etc. v. Acf, 127 A.3d 729 (N.J. Super. Ct. App. Div. 2015).

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Est. of Sandra Brust & Philip Brust, Etc. v. Acf, 127 A.3d 729 (N.J. Super. Ct. App. Div. 2015). “309 (2015), and safety and design, 49 C.F.R. §§ 229.46 to 229.59 (2015). Federal regulations define a locomotive and also define an MU locomotive.”

Klem v. Consol. Rail Corp., 947 N.E.2d 687 (Ohio Ct. App. 2010). “REFUSAL TO INCLUDE JURY INSTRUCTION {¶ 52} In his second assignment of error, Klem contends: {¶ 53} “The trial court erred in failing to instruct the jury relative to a violation of a locomotive inspection act regulation, 49 C.F.R. § 229.46 .” {¶ 54} Klem asserts that he was…”

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