49 C.F.R. § 234.103

Timely response to report of malfunction

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(a) Upon receipt of a credible report of a warning system malfunction, a railroad having maintenance responsibility for the warning system shall promptly investigate the report and determine the nature of the malfunction. The railroad shall take appropriate action as required by § 234.207.

(b) Until repair or correction of the warning system is completed, the railroad shall provide alternative means of warning highway traffic and railroad employees in accordance with §§ 234.105, 234.106 or 234.107 of this part.

(c) Nothing in this subpart requires repair of a warning system, if, acting in accordance with applicable State law, the railroad proceeds to discontinue or dismantle the warning system. However, until repair, correction, discontinuance, or dismantling of the warning system is completed, the railroad shall comply with this subpart to ensure the safety of the traveling public and railroad employees.

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: Platt v. CSX Transp., Inc., 665 S.E.2d 631 (S.C. Ct. App. 2008).

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Platt v. CSX Transp., Inc., 665 S.E.2d 631 (S.C. Ct. App. 2008). · cites it 4× “However, until repair, correction, discontinuance, or dismantling of the warning system is completed, the railroad shall comply with this subpart to ensure the safety of the traveling public and railroad employees 49 C.F.R. § 234.103 . Further, when a railroad company "receives…”

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