49 C.F.R. § 232.9

Responsibility for compliance

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(a) A railroad subject to this part shall not use, haul, permit to be used or hauled on its line, offer in interchange, or accept in interchange any train, railroad car, or locomotive with one or more conditions not in compliance with this part; however, a railroad shall not be liable for a civil penalty for such action if such action is in accordance with § 232.15. For purposes of this part, a train, railroad car, or locomotive will be considered in use prior to departure but after it has received, or should have received, the inspection required for movement and is deemed ready for service.

(b) Although many of the requirements of this part are stated in terms of the duties of a railroad, when any person performs any function required by this part, that person (whether or not a railroad) is required to perform that function in accordance with this part.

(c) Any person performing any function or task required by this part shall be deemed to have consented to FRA inspection of the person's operation to the extent necessary to determine whether the function or task is being performed in accordance with the requirements of this part.

Notes of Decisions

Cited in 2 cases, 2020–2020 · leading case: Simpson v. Norfolk S. Ry. Co. (W.D. Va. 2020).

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Simpson v. Norfolk S. Ry. Co. (W.D. Va. 2020). · cites it 3× “49 C.F.R. § 232.9 (a). In its motion for summary judgment, NSRC contended that this regulation defines “in use” to mean that for purposes of the SAA, a rail car is not in use until after it has received, or should have received, the required inspections and has been deemed ready…”

Simpson v. Norfolk S. Ry. Co. (W.D. Va. 2020). · cites it 2× “The Effect of 49 C.F.R. § 232.9 (a) In 2001, after Deans was decided, the Federal Railroad Administration (FRA) published a new section of the Brake System Safety Standards and NSRC argues that it abrogates the “in use” analysis set forth in Deans.”

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