---
kind: "section"
citation: "49 C.F.R. § 213.339"
title: "49"
number: "213.339"
heading: "Inspection of rail in service."
url: "https://uscodex.org/cfr/49/213.339"
---

# §213.339. Inspection of rail in service.

- (a) A continuous search for internal defects shall be made of all rail in track at least twice annually with not less than 120 days between inspections.
- (b) Inspection equipment shall be capable of detecting defects between joint bars, in the area enclosed by joint bars.
- (c) Each defective rail shall be marked with a highly visible marking on both sides of the web and base.
- (d) If the person assigned to operate the rail defect detection equipment being used determines that, due to rail surface conditions, a valid search for internal defects could not be made over a particular length of track, the test on that particular length of track cannot be considered as a search for internal defects under [§ 213.337(a)](/cfr/49/213.337.md?p=a).
- (e) If a valid search for internal defects cannot be conducted for reasons described in [paragraph (d)](#d) of this section, the track owner shall, before the expiration of time limits—
  - (1) Conduct a valid search for internal defects;
  - (2) Reduce operating speed to a maximum of 25 miles per hour until such time as a valid search for internal defects can be made; or
  - (3) **Remove the rail from service.**

## Notes

### Authority

Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 63 FR 34029, June 22, 1998, unless otherwise noted.