---
kind: "section"
citation: "49 C.F.R. § 238.3"
title: "49"
number: "238.3"
heading: "Applicability."
url: "https://uscodex.org/cfr/49/238.3"
---

# §238.3. Applicability.

- (a) Except as provided in [paragraph (c)](#c) of this section, this part applies to all:
  - (1) Railroads that operate intercity or commuter passenger train service on standard gage track which is part of the general railroad system of transportation; and
  - (2) Railroads that provide commuter or other short-haul rail passenger train service in a metropolitan or suburban area as described by [49 U.S.C. 20102(1)](/usc/49/20102.md?p=1), including public authorities operating passenger train service.
- (b) Railroads that permit to be used or hauled on their lines passenger equipment subject to this part, in violation of a power brake provision of this part or a safety appliance provision of this part, are subject to the power brake and safety appliance provisions of this part with respect to such operations.
- (c) **This part does not apply to—**
  - (1) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation;
  - (2) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation;
  - (3) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; or
  - (4) **Circus trains.**

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 64 FR 25660, May 12, 1999, unless otherwise noted.