---
kind: "section"
citation: "49 C.F.R. § 209.303"
title: "49"
number: "209.303"
heading: "Coverage."
url: "https://uscodex.org/cfr/49/209.303"
---

# §209.303. Coverage.


This subpart applies to the following individuals:

- (a) Railroad employees who are assigned to perform service subject to the Hours of Service Act (49 U.S.C. Chapt. 211) during a duty tour, whether or not the person has performed or is currently performing such service, and any person who performs such service.
- (b) **Railroad employees or agents who—**
  - (1) Inspect, install, repair, or maintain track and roadbed;
  - (2) Inspect, repair or maintain, locomotives, passenger cars, and freight cars;
  - (3) Conduct training and testing of employees when the training or testing is required by the FRA's safety regulations; or
  - (4) Perform service subject to the Transportation of Hazardous Materials laws (49 U.S.C. Ch. 51), or any regulation or order prescribed thereunder;
- (c) **Railroad managers, supervisors, or agents when they—**
  - (1) Perform the safety-sensitive functions listed in paragraphs [(a)](#a) and [(b)](#b) of this section;
  - (2) Supervise and otherwise direct the performance of the safety-sensitive functions listed in paragraphs [(a)](#a) and [(b)](#b) of this section; or
  - (3) Are in a position to direct the commission of violations of any of the requirements of parts [213](/cfr/49/part213.md) through [299](/cfr/49/part299.md) of this title, or any of the requirements of 49 U.S.C. ch. 51, or any regulation or order prescribed thereunder.

## Notes

### Amendments

[74 FR 23334, May 19, 2009, as amended at 91 FR 22064, Apr. 24, 2026]

### Source

Source: 54 FR 42907, Oct. 18, 1989, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 42 FR 56742, Oct. 28, 1977, unless otherwise noted.

### Amendments

[74 FR 23334, May 19, 2009, as amended at 91 FR 22064, Apr. 24, 2026]