---
kind: "section"
citation: "49 C.F.R. § 242.105"
title: "49"
number: "242.105"
heading: "Schedule for implementation."
url: "https://uscodex.org/cfr/49/242.105"
---

# §242.105. Schedule for implementation.

- (a) **By September 1, 2012, each railroad shall—**
  - (1) In writing, designate as certified conductors all persons authorized by the railroad to perform the duties of a conductor as of January 1, 2012; and
  - (2) Issue a certificate that complies with [§ 242.207](/cfr/49/242.207.md) to each person that it designates.
- (b) **After September 1, 2012, each railroad shall—**
  - (1) In writing, designate as a certified conductor any person who has been authorized by the railroad to perform the duties of a conductor between January 1, 2012 and the pertinent date in paragraph [(d)](#d) or [(e)](#e) of this section; and
  - (2) Issue a certificate that complies with [§ 242.207](/cfr/49/242.207.md) to each person that it designates.
- (c) No railroad shall permit or require a person, designated as a certified conductor under the provisions of paragraph [(a)](#a) or [(b)](#b) of this section, to perform service as a certified conductor for more than a 36-month period beginning on the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of paragraph [(d)](#d) or [(e)](#e) of this section unless that person has been certified in accordance with procedures that comply with [subpart B](/cfr/49/subpartB.md) of this part.
  - (1) Except as provided in [paragraph (c)(3)](#c-3) of this section, a person who has been designated as a certified conductor under the provisions of paragraph [(a)](#a) or [(b)](#b) of this section and who is eligible to receive a retirement pension in accordance with the terms of an applicable agreement or in accordance with the terms of the Railroad Retirement Act ([45 U.S.C. 231](/usc/45/231.md)) within 36 months from the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of paragraph [(d)](#d) or [(e)](#e) of this section, may request, in writing, that a railroad not recertify that person, pursuant to [subpart B](/cfr/49/subpartB.md) of this part, until 36 months from the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of paragraph (d) or [(e)](#e) of this section.
  - (2) Upon receipt of a written request pursuant to [paragraph (c)(1)](#c-1) of this section, a railroad may wait to recertify the person making the request until the end of the 36-month period described in [paragraph (c)](#c) of this section. If a railroad grants any request, it must grant the request of all eligible persons to every extent possible.
  - (3) A person who is subject to recertification under [part 240](/cfr/49/part240.md) of this chapter may not make a request pursuant to [paragraph (c)(1)](#c-1) of this section.
- (d) After December 1, 2012, no Class I railroad (including the National Railroad Passenger Corporation), Class II railroad, or railroad providing commuter service shall initially certify or recertify a person as a conductor unless that person has been tested and evaluated in accordance with procedures that comply with [subpart B](/cfr/49/subpartB.md) of this part and issued a certificate that complies with [§ 242.207](/cfr/49/242.207.md).
- (e) After April 1, 2013, no Class III railroad (including a switching and terminal or other railroad not otherwise classified) shall initially certify or recertify a person as a conductor unless that person has been tested and evaluated in accordance with procedures that comply with [subpart B](/cfr/49/subpartB.md) of this part and issued a certificate that complies with [§ 242.207](/cfr/49/242.207.md).
- (f) After the applicable dates specified in paragraphs [(d)](#d) and [(e)](#e) of this section, no person shall serve as a conductor in any type of service and no railroad shall require or permit any person to serve as a conductor in any type of service unless that person has been tested and evaluated in accordance with procedures that comply with [subpart B](/cfr/49/subpartB.md) of this part and issued a certificate that complies with [§ 242.207](/cfr/49/242.207.md).

## Notes

### Amendments

[76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012]

### Authority

Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 76 FR 69841, Nov. 9, 2011, unless otherwise noted.

### Amendments

[76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012]