---
kind: "section"
citation: "49 C.F.R. § 240.104"
title: "49"
number: "240.104"
heading: "Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer."
url: "https://uscodex.org/cfr/49/240.104"
---

# §240.104. Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer.

- (a) **A railroad is not required to use a certified locomotive engineer to perform the following functions—**
  - (1) Operate specialized roadway maintenance equipment; or
  - (2) **Operate a dual purpose vehicle that is—**
    - (i) Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site;
    - (ii) 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
    - (iii) Being operated by an individual trained and qualified in accordance with §§ [214.341](/cfr/49/214.341.md), [214.343](/cfr/49/214.343.md), and [214.355](/cfr/49/214.355.md) of this chapter.
- (b) A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with [paragraph (a)(2)](#a-2) of this section.

## Notes

### 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]