---
kind: "section"
citation: "49 C.F.R. § 213.4"
title: "49"
number: "213.4"
heading: "Excepted track."
url: "https://uscodex.org/cfr/49/213.4"
---

# §213.4. Excepted track.


A track owner may designate a segment of track as excepted track provided that—

- (a) The segment is identified in the timetable, special instructions, general order, or other appropriate records which are available for inspection during regular business hours;
- (b) The identified segment is not located within 30 feet of an adjacent track which can be subjected to simultaneous use at speeds in excess of 10 miles per hour;
- (c) The identified segment is inspected in accordance with 213.233(c) and 213.235 at the frequency specified for Class 1 track;
- (d) The identified segment of track is not located on a bridge including the track approaching the bridge for 100 feet on either side, or located on a public street or highway, if railroad cars containing commodities required to be placarded by the Hazardous Materials Regulations ([49 CFR part 172](/cfr/49/part172.md)), are moved over the track; and
- (e) **The railroad conducts operations on the identified segment under the following conditions—**
  - (1) No train shall be operated at speeds in excess of 10 miles per hour;
  - (2) No occupied passenger train shall be operated;
  - (3) No freight train shall be operated that contains more than five cars required to be placarded by the Hazardous Materials Regulations ([49 CFR part 172](/cfr/49/part172.md)); and
  - (4) The gage on excepted track shall not be more than 4 feet 10 1/4 inches. This [paragraph (e)(4)](#e-4) is applicable September 21, 1999.
- (f) A track owner shall advise the Track and Structures Division of FRA's Office of Railroad Safety (Track and Structures Division) at least 10 days prior to removal of a segment of track from excepted status.

## Notes

### Amendments

[63 FR 34029, June 22, 1998, as amended at 90 FR 28136, July 1, 2025]

### 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.

### Amendments

[63 FR 34029, June 22, 1998, as amended at 90 FR 28136, July 1, 2025]