§220.309. Permitted uses; exceptions to other restrictions.
49 C.F.R. § 220.309
Notwithstanding any other limitations in this subpart, a railroad operating employee may use the following, if that use does not interfere with any employee's performance of safety-related duties—
The digital storage and display function of an electronic device to refer to a railroad rule, special instruction, timetable, or other directive, if such use is authorized under a railroad operating rule or instruction.
An electronic device as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing a duty for the railroad.
An electronic device to take a photograph of a safety hazard or a violation of a rail safety law, regulation, order, or standard, provided that—
A camera that is part of a cell phone or other similar multi-functional electronic device is not included in this exception unless it is a railroad-supplied device and is used for an authorized business purpose;
The camera, unless otherwise permitted, is turned off immediately after the documentation has been made; and
If the camera is used in the cab of a moving train, the use is only by a crewmember other than the locomotive engineer.
A stand-alone calculator if used for an authorized business purpose.
A medical device that is consistent with the railroad's standards for medical fitness for duty.
A wireless communication device to conduct train or switching operations if the railroad operating employee is part of a crew assigned to a train that is exempt under § 220.9(b) from the requirement of a working radio when the employing railroad has fewer than 400,000 annual employee work hours.
Notes, amendments, and revision history
Source
Source: 75 FR 59602, Sept. 27, 2010, unless otherwise noted.
Authority
Authority: 49 U.S.C. 20102-20103, 20103 note, 20107, 21301-21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Source
Source: 63 FR 47195, Sept. 4, 1998, unless otherwise noted.