§245.120. Requirements for territorial qualification.
49 C.F.R. § 245.120
After FRA has approved a railroad's certification program, a railroad shall not permit or require a person to serve as a dispatcher on a particular territory unless that railroad determines that:
The person is a certified dispatcher; and
The person either—
Possesses the necessary territorial qualifications for the applicable territory pursuant to § 245.119; or
Is assisted by a Dispatcher Pilot who is qualified on the territory.
If a person is called to serve on a territory that they are not qualified on, the person must immediately notify the railroad that they are not qualified on the assigned territory.
A person shall no longer be considered qualified on a territory if they have not worked on that territory as a dispatcher in the previous 12 months.
Each railroad shall adopt and comply with a program meeting the requirements of this section. When any person (including, but not limited to, each railroad, railroad officer, supervisor, and employee) violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.
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.