---
kind: "section"
citation: "49 C.F.R. § 214.503"
title: "49"
number: "214.503"
heading: "Good-faith challenges; procedures for notification and resolution."
url: "https://uscodex.org/cfr/49/214.503"
---

# §214.503. Good-faith challenges; procedures for notification and resolution.

- (a) An employee operating an on-track roadway maintenance machine or hi-rail vehicle shall inform the employer whenever the employee makes a good-faith determination that the machine or vehicle does not comply with FRA regulations or has a condition that inhibits its safe operation.
- (b) Any employee charged with operating an on-track roadway maintenance machine or hi-rail vehicle covered by this subpart may refuse to operate the machine or vehicle if the employee makes a good-faith determination that it does not comply with the requirements of this subpart or has a condition that inhibits its safe operation. The employer shall not require the employee to operate the machine or vehicle until the challenge resulting from the good-faith determination is resolved.
- (c) Each employer shall have in place and follow written procedures to assure prompt and equitable resolution of challenges resulting from good-faith determinations made in accordance with this section. The procedures shall include specific steps to be taken by the employer to investigate each good-faith challenge, as well as procedures to follow once the employer finds a challenged machine or vehicle does not comply with this subpart or is otherwise unsafe to operate. The procedures shall also include the title and location of the employer's designated official.

## Notes

### Source

Source: 68 FR 44407, July 28, 2003, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.