---
kind: "section"
citation: "49 C.F.R. § 240.217"
title: "49"
number: "240.217"
heading: "Time limitations for making determinations."
url: "https://uscodex.org/cfr/49/240.217"
---

# §240.217. Time limitations for making determinations.

- (a) A railroad shall not certify or recertify a person as a qualified locomotive engineer in any class of train or engine service, if the railroad is making a determination concerning:
  - (1) Eligibility and the eligibility data being relied on was furnished more than 366 days before the date of the railroad's certification decision;
  - (2) Visual and hearing acuity and the medical examination being relied on was conducted more than 450 days before the date of the railroad's recertification decision;
  - (3) Demonstrated knowledge and the knowledge examination being relied on was conducted more than 366 days before the date of the railroad's certification decision except as provided for in [paragraph (a)(4)](#a-4) of this section;
  - (4) Demonstrated knowledge and the knowledge examination being relied on was conducted more than 24 months before the date of the railroad's certification decision if the railroad administers a knowledge testing program pursuant to [§ 240.125](/cfr/49/240.125.md) at intervals that do not exceed 24 months; or
  - (5) Demonstrated performance skills and the performance skill testing being relied on was conducted more than 366 days before the date of the railroad's certification decision.
- (b) The time limitations of [paragraph (a)](#a) of this section do not apply to a railroad that is making a certification decision in reliance on determinations made by another railroad in accordance with [paragraph (c)(2)](#c-2) of this section, [§ 240.227](/cfr/49/240.227.md), or [§ 240.229](/cfr/49/240.229.md).
- (c) Except as provided in [§ 240.201](/cfr/49/240.201.md) concerning implementation dates for initial certification decisions and [paragraph (b)](#b) of this section, no railroad shall:
  - (1) Certify a person as a qualified locomotive engineer for an interval of more than 36 months; or
  - (2) **Rely on a certification issued by another railroad that is more than 36 months old.**
- (d) A railroad shall issue each person designated as a certified locomotive engineer a certificate that complies with [§ 240.223](/cfr/49/240.223.md) no later than 30 days from the date of its decision to certify or recertify that person.

## Notes

### Amendments

[56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 60 FR 53137, Oct. 12, 1995; 64 FR 60992, Nov. 8, 1999; 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020; 91 FR 22751, Apr. 28, 2026]

### 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 58 FR 19003, Apr. 9, 1993; 60 FR 53137, Oct. 12, 1995; 64 FR 60992, Nov. 8, 1999; 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020; 91 FR 22751, Apr. 28, 2026]