---
kind: "section"
citation: "49 C.F.R. § 240.203"
title: "49"
number: "240.203"
heading: "Determinations required as a prerequisite to certification."
url: "https://uscodex.org/cfr/49/240.203"
---

# §240.203. Determinations required as a prerequisite to certification.

- (a) Except as provided in [paragraph (b)](#b), each railroad, prior to initially certifying or recertifying any person as an engineer for any class of service, shall, in accordance with its FRA-approved program determine in writing that:
  - (1) The individual meets the eligibility requirements of §§ [240.115](/cfr/49/240.115.md), [240.117](/cfr/49/240.117.md) and [240.119](/cfr/49/240.119.md); and
  - (2) The individual meets the vision and hearing acuity standards of [§ 240.121](/cfr/49/240.121.md);
  - (3) The individual has the necessary knowledge, as demonstrated by successfully completing a test that meets the requirements of [§ 240.125](/cfr/49/240.125.md);
  - (4) The individual has the necessary applied knowledge and operating performance skills, as demonstrated by successfully completing an operational performance test that meets the requirements of [§ 240.127](/cfr/49/240.127.md); and
  - (5) Where a person has not previously been certified, that the person has completed a training program that meets the requirements of [§ 240.123](/cfr/49/240.123.md).
- (b) A railroad may certify a person as a student engineer after determining that the person meets the vision and hearing acuity standards of [§ 240.121](/cfr/49/240.121.md). A railroad may subsequently certify that student engineer as either a locomotive servicing engineer or a train service engineer without further review of his or her acuity status provided it determines that:
  - (1) The person successfully completed a training program that complies with [§ 240.123](/cfr/49/240.123.md);
  - (2) The person meets the eligibility requirements of §§ [240.109](/cfr/49/240.109.md) and [240.119](/cfr/49/240.119.md); and
  - (3) A period of not more than twenty-four months has elapsed since the student engineer certification was issued.

## Notes

### Amendments

[56 FR 28254, June 19, 1991, as amended at 60 FR 53136, Oct. 12, 1995; 74 FR 68183, Dec. 23, 2009]

### 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 60 FR 53136, Oct. 12, 1995; 74 FR 68183, Dec. 23, 2009]