---
kind: "section"
citation: "49 C.F.R. § 242.405"
title: "49"
number: "242.405"
heading: "Periods of ineligibility."
url: "https://uscodex.org/cfr/49/242.405"
---

# §242.405. Periods of ineligibility.

- (a) **A period of ineligibility described in this paragraph shall—**
  - (1) Begin, for a person not currently certified, on the date of the railroad's written determination that the most recent incident has occurred; or
  - (2) 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on the date of the railroad's notification to the person that recertification has been denied or certification has been revoked; and
  - (3) **Be determined according to the following standards—**
    - (i) 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)](/cfr/49/242.403.md?p=e-6..e-8), [(10)](/cfr/49/242.403.md?p=e-10), or [(11)](/cfr/49/242.403.md?p=e-11) shall be reduced by one half provided that another revocable event has not occurred within the previous 12 months.
    - (ii) 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)](/cfr/49/242.403.md?p=e-1..e-11), the person shall have his or her certificate revoked for a period of 30 calendar days.
    - (iii) 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)](/cfr/49/242.403.md?p=e-1..e-11), that occurred within 24 months of each other, the person shall have his or her certificate revoked for a period of six months.
    - (iv) 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)](/cfr/49/242.403.md?p=e-1..e-12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of one year.
    - (v) 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)](/cfr/49/242.403.md?p=e-1..e-12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of three years.
    - (vi) Where, based on the occurrence of violations described in [§ 242.403(e)(12)](/cfr/49/242.403.md?p=e-12), different periods of ineligibility may result under the provisions of this section and [§ 242.115](/cfr/49/242.115.md), the longest period of revocation shall control.
- (b) Any or all periods of revocation provided in [paragraph (a)](#a) of this section may consist of training.
- (c) **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:
  - (1) The denial or revocation of certification in accordance with the provisions of [paragraph (a)(3)](#a-3) of this section is for a period of one year or less;
  - (2) Certification is denied or revoked for reasons other than noncompliance with [§ 219.101](/cfr/49/219.101.md) of this chapter;
  - (3) The person is evaluated by a railroad officer and determined to have received adequate remedial training;
  - (4) 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
  - (5) At least one half the pertinent period of ineligibility specified in [paragraph (a)(3)](#a-3) of this section has elapsed.

## Notes

### 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.