49 C.F.R. § 240.201

Implementation

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Each railroad shall designate in writing any person(s) it deems qualified as a designated supervisor of locomotive engineers. Each person so designated shall have demonstrated to the railroad through training, testing or prior experience that he or she has the knowledge, skills, and ability to be a designated supervisor of locomotive engineers.

(b) Each railroad shall designate in writing all persons that it will deem to be qualified as certified locomotive engineers for the purpose of initial compliance with paragraph (d) of this section, except as provided for in paragraph (h) of this section.

(1) Each person so designated shall have demonstrated to the railroad through training, testing or prior experience that he or she has the knowledge and skills to be a certified locomotive engineer.

(2) Each railroad shall issue a certificate that complies with § 240.223 to each person that it designates as qualified under the provisions of paragraph (b) of this section.

(c) No railroad shall permit or require a person, designated as qualified for certification under the provisions of paragraph (b) of this section, to perform service as a certified locomotive or train service engineer for more than a 36-month period unless that person has been determined to be qualified in accordance with procedures that comply with subpart C.

(d) No railroad shall permit or require any person to operate a locomotive in any class of locomotive or train service unless that person has been certified as a qualified locomotive engineer and issued a certificate that complies with § 240.223.

(e) No Class I railroad (including the National Railroad Passenger Corporation) or railroad providing commuter service shall designate any person it deems qualified as a designated supervisor of locomotive engineers or initially certify or recertify a person as a locomotive engineer in either locomotive or train service unless that person has been tested, evaluated, and determined to be qualified in accordance with procedures that comply with subpart C.

(f) No Class II railroad shall designate any person it deems qualified as a designated supervisor of locomotive engineers or initially certify or recertify a person as a locomotive engineer in any class of locomotive or train service unless that person has been tested, evaluated and determined to be qualified in accordance with procedures that comply with subpart C.

(g) No Class III railroad (including a switching and terminal or other railroad not otherwise classified) shall designate any person it deems qualified as a designated supervisor of locomotive engineers or initially certify or recertify a person as a locomotive engineer in any class of locomotive or train service unless that person has been tested, evaluated and determined to be qualified in accordance with procedures that comply with subpart C.

(h) Each person designated as a locomotive engineer shall be issued a certificate that complies with § 240.223 prior to being required or permitted to operate a locomotive.

[74 FR 68183, Dec. 23, 2009]

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2020–2024 · leading case: Brotherhood of Locomotive Engi v. FRA

Sort: Relevance Newest Treatment

Brotherhood of Locomotive Engi v. FRA (2020) cadc “See 49 C.F.R. §§ 240.201 (d), 242.105(f). Any certificate must, among other things, “[i]dentify the railroad or parent company that is issuing it[,]” and “[i]dentify the person to whom it is being issued[.”

Perry v. Union Pacific Railroad Company (2021) cod · cites it 3× “Here, Plaintiff argues that Defendant negligently breached its duties under federal regulations, specifically 49 C.F.R. § 240.201 (d), and under the Restatement (Second) of Torts, specifically § 308 and § 390.”

Perry v. Union Pacific Railroad Company (2020) cod “Slade regarding the interpretation of 49 C.F.R. § 240.201 (d)” and § 240.7; stating regarding (8) that “Plaintiff withdraws the opinions of Mr.”

Walker v. Union Pacific Railroad Company (2024) ord “See 49 C.F.R. § 240.201 (c); 240.121(c)(3). The initial test must be one of a set of scientific tests approved by the FRA, including, as relevant here, the Ishihara 14-plate test (“Ishihara”).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.