---
kind: "section"
citation: "49 C.F.R. § 220.309"
title: "49"
number: "220.309"
heading: "Permitted uses; exceptions to other restrictions."
url: "https://uscodex.org/cfr/49/220.309"
---

# §220.309. Permitted uses; exceptions to other restrictions.


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—

- (a) 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.
- (b) 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.
- (c) 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—
  - (1) 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;
  - (2) The camera, unless otherwise permitted, is turned off immediately after the documentation has been made; and
  - (3) If the camera is used in the cab of a moving train, the use is only by a crewmember other than the locomotive engineer.
- (d) **A stand-alone calculator if used for an authorized business purpose.**
- (e) **A medical device that is consistent with the railroad's standards for medical fitness for duty.**
- (f) 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)](/cfr/49/220.9.md?p=b) from the requirement of a working radio when the employing railroad has fewer than 400,000 annual employee work hours.

## Notes

### 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.