§242.405. Periods of ineligibility.
49 C.F.R. § 242.405
A period of ineligibility described in this paragraph shall—
Begin, for a person not currently certified, on the date of the railroad's written determination that the most recent incident has occurred; or
Begin, for a person currently certified, on the date of the railroad's notification to the person that recertification has been denied or certification has been revoked; and
Be determined according to the following standards—
On other than main track where restricted speed or the operational equivalent thereof is in effect, the period of revocation for a violation of § 242.403(e)(6) through (8), (10), or (11) shall be reduced by one half provided that another revocable event has not occurred within the previous 12 months.
In the case of a single incident involving violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11), the person shall have his or her certificate revoked for a period of 30 calendar days.
In the case of two separate incidents involving a violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11), that occurred within 24 months of each other, the person shall have his or her certificate revoked for a period of six months.
In the case of three separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of one year.
In the case of four separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of three years.
Where, based on the occurrence of violations described in § 242.403(e)(12), different periods of ineligibility may result under the provisions of this section and § 242.115, the longest period of revocation shall control.
Any or all periods of revocation provided in paragraph (a) of this section may consist of training.
Reduction in period of ineligibility— A person whose certification is denied or revoked shall be eligible for grant or reinstatement of the certificate prior to the expiration of the initial period of ineligibility only if:
The denial or revocation of certification in accordance with the provisions of paragraph (a)(3) of this section is for a period of one year or less;
Certification is denied or revoked for reasons other than noncompliance with § 219.101 of this chapter;
The person is evaluated by a railroad officer and determined to have received adequate remedial training;
The person successfully completes any mandatory program of training or retraining, if that is determined to be necessary by the railroad prior to return to service; and
At least one half the pertinent period of ineligibility specified in paragraph (a)(3) of this section has elapsed.
Notes, amendments, and revision history
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.