---
kind: "section"
citation: "49 C.F.R. § 240.125"
title: "49"
number: "240.125"
heading: "Knowledge testing."
url: "https://uscodex.org/cfr/49/240.125"
---

# §240.125. Knowledge testing.

- (a) Each railroad shall adopt and comply with a program that meets the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.
- (b) A railroad shall have procedures for testing a person being evaluated for qualification as a locomotive engineer in either train or locomotive service to determine that the person has sufficient knowledge of the railroad's rules and practices for the safe operation of trains.
- (c) The testing methods selected by the railroad shall be:
  - (1) Designed to examine a person's knowledge of the railroad's rules and practices for the safe operation of trains;
  - (2) Objective in nature;
  - (3) Administered in written form;
  - (4) **Cover the following subjects—**
    - (i) Personal safety practices;
    - (ii) Operating practices;
    - (iii) Equipment inspection practices;
    - (iv) Train handling practices including familiarity with the physical characteristics of the territory; and
    - (v) Compliance with Federal railroad safety laws, regulations, and orders;
  - (5) Sufficient to accurately measure the person's knowledge of the covered subjects; and
  - (6) Conducted without open reference books or other materials except to the degree the person is being tested on his or her ability to use such reference books or materials.
- (d) The conduct of the test shall be documented in writing and the documentation shall contain sufficient information to identify the relevant facts relied on for evaluation purposes.
- (e) For purposes of [paragraph (c)](#c) of this section, the railroad must provide the person(s) being tested with an opportunity to consult with a supervisory employee, who possesses territorial qualifications for the territory, to explain a question.
- (f) The documentation shall indicate whether the person passed or failed the test.
- (g) If a person fails to pass the test, no railroad shall permit or require that person to function as a locomotive engineer prior to that person's achieving a passing score during a reexamination of the person's knowledge.

## Notes

### Amendments

[56 FR 28254, June 19, 1991, as amended at 85 FR 81313, Dec. 15, 2020]

### 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

[56 FR 28254, June 19, 1991, as amended at 85 FR 81313, Dec. 15, 2020]