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§245.109. Determinations required for certification and recertification.

49 C.F.R. § 245.109

(a)
After FRA has approved a railroad's dispatcher certification program, the railroad, prior to initially certifying or recertifying any person as a dispatcher, shall, in accordance with its FRA-approved program, determine in writing that:
(1)
The individual meets the prior safety conduct eligibility requirements of §§ 245.111 and 245.113;
(2)
The individual meets the eligibility requirements of §§ 245.115 and 245.303;
(3)
The individual meets the visual and hearing acuity standards of §§ 245.117 and 245.118;
(4)
The individual has the necessary knowledge, as demonstrated by successfully completing a test that meets the requirements of § 245.121; and
(5)
If applicable, the individual has completed a training program that meets the requirements of § 245.119.
(b)
Nothing in this section, § 245.111, or § 245.113 shall be construed to prevent persons subject to this part from entering into an agreement that results in a railroad obtaining the information needed for compliance with this subpart in a different manner than that prescribed in § 245.111 or § 245.113.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.

Source

Source: 89 FR 44806, May 21, 2024, unless otherwise noted.