---
kind: "section"
citation: "49 C.F.R. § 245.109"
title: "49"
number: "245.109"
heading: "Determinations required for certification and recertification."
url: "https://uscodex.org/cfr/49/245.109"
---

# §245.109. Determinations required for certification and recertification.

- (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](/cfr/49/245.111.md) and [245.113](/cfr/49/245.113.md);
  - (2) The individual meets the eligibility requirements of §§ [245.115](/cfr/49/245.115.md) and [245.303](/cfr/49/245.303.md);
  - (3) The individual meets the visual and hearing acuity standards of §§ [245.117](/cfr/49/245.117.md) and [245.118](/cfr/49/245.118.md);
  - (4) The individual has the necessary knowledge, as demonstrated by successfully completing a test that meets the requirements of [§ 245.121](/cfr/49/245.121.md); and
  - (5) If applicable, the individual has completed a training program that meets the requirements of [§ 245.119](/cfr/49/245.119.md).
- (b) Nothing in this section, [§ 245.111](/cfr/49/245.111.md), or [§ 245.113](/cfr/49/245.113.md) 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](/cfr/49/245.111.md) or [§ 245.113](/cfr/49/245.113.md).

## Notes

### 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.