§240.104. Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer.
49 C.F.R. § 240.104
A railroad is not required to use a certified locomotive engineer to perform the following functions—
Operate specialized roadway maintenance equipment; or
Operate a dual purpose vehicle that is—
Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site;
Moving under authority of railroad operating rules designated for the movement of roadway maintenance equipment that ensure the protection of such equipment from train movements; and
Being operated by an individual trained and qualified in accordance with §§ 214.341, 214.343, and 214.355 of this chapter.
A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with paragraph (a)(2) of this section.
Notes, amendments, and revision history
Amendments
[64 FR 60990, Nov. 8, 1999]
Authority
Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Source
Source: 56 FR 28254, June 19, 1991, unless otherwise noted.
Amendments
[64 FR 60990, Nov. 8, 1999]