---
kind: "section"
citation: "49 C.F.R. § 245.121"
title: "49"
number: "245.121"
heading: "Knowledge testing."
url: "https://uscodex.org/cfr/49/245.121"
---

# §245.121. Knowledge testing.

- (a) After FRA has approved a railroad's dispatcher certification program, the railroad shall determine, prior to issuing any person a dispatcher certificate and in accordance with the requirements of this section, that the person has demonstrated sufficient knowledge of the railroad's rules and practices for the safe movement of trains.
- (b) In order to make the knowledge determination required by [paragraph (a)](#a) of this section, a railroad shall have procedures for testing a person being evaluated for certification as a dispatcher that are:
  - (1) Designed to examine a person's knowledge of the railroad's operating rules and practices for the safe movement of trains;
  - (2) Objective in nature;
  - (3) In written or electronic form;
  - (4) **Covering the following subjects—**
    - (i) Safety and operating rules;
    - (ii) Timetable instructions;
    - (iii) Compliance with all applicable Federal regulations;
    - (iv) Physical characteristics of the territory or territories on which a person is currently working or training to qualify as a dispatcher; and
    - (v) **Dispatching systems and technology.**
  - (5) Sufficient to accurately measure the person's knowledge of the covered subjects; and
  - (6) Conducted without open reference books or other materials except to the degree the person is being tested on their ability to use such reference books or materials.
- (c) The railroad shall provide the certification candidate with an opportunity to consult with a supervisory employee who possesses territorial qualifications for the territory to explain a test question.
- (d) If a person fails the test, no railroad shall permit or require that person to work as a dispatcher prior to that person's achieving a passing score during a reexamination of the test.
- (e) 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

### 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.