---
kind: "section"
citation: "49 C.F.R. § 245.303"
title: "49"
number: "245.303"
heading: "Criteria for revoking certification."
url: "https://uscodex.org/cfr/49/245.303"
---

# §245.303. Criteria for revoking certification.

- (a) It shall be unlawful to fail to comply with any of the railroad rules or practices described in [paragraph (e)](#e) of this section.
- (b) A certified dispatcher who fails to comply with a railroad rule or practice described in [paragraph (e)](#e) of this section shall have their certification revoked.
- (c) A certified dispatcher who is assigned to monitor, pilot, or instruct a dispatcher and fails to take appropriate action to prevent a violation of a railroad rule or practice described in [paragraph (e)](#e) of this section shall have their certification revoked. Appropriate action does not mean that a supervisor, pilot, or instructor must prevent a violation from occurring at all costs; the duty may be met by warning the dispatcher of a potential or foreseeable violation.
- (d) A certified dispatcher who is called by a railroad to perform a duty other than that of a dispatcher shall not have their dispatcher certification revoked based on actions taken or not taken while performing that duty except for violations described in [paragraph (e)(7)](#e-7) of this section.
- (e) When determining whether to revoke a dispatcher's certification, a railroad shall only consider violations of its operating rules or practices that involve:
  - (1) **Failure to properly issue or apply a mandatory directive when warranted.**
  - (2) Improperly authorizing a train or on-track equipment to enter into an out-of-service or blue flag protected track.
  - (3) Granting permission for a train or on-track equipment to enter into established RWIC limits without authority or permission from the RWIC.
  - (4) Removal of blocking devices or established protection of RWIC working limits prior to the RWIC releasing the limits.
  - (5) Failure to properly apply blocking devices or establish proper protection for specified working limits or movements of trains or on-track equipment.
  - (6) Granting permission for a train to enter PTC or Cab Signal limits with inoperative or malfunctioning PTC or Cab Signal equipment.
  - (7) Failure to comply with [§ 219.101](/cfr/49/219.101.md) of this chapter. However, such incidents shall be considered as a violation only for the purposes of § [245.305(a)(2)](/cfr/49/245.305.md?p=a-2) and [(b)](/cfr/49/245.305.md?p=a-b).
- (f) In making the determination as to whether to revoke a dispatcher's certification, a railroad shall only consider conduct described in [paragraphs (e)(1) through (6)](#e-1..e-6) of this section that occurred within the three years prior to the determination.
- (g) If in any single incident the person's conduct contravened more than one operating rule or practice, that event shall be treated as a single violation for the purposes of this section.
- (h) A violation of one or more operating rules or practices described in [paragraphs (e)(1) through (6)](#e-1..e-6) of this section that occurs during a properly conducted operational compliance test subject to the provisions of this chapter shall be counted in determining the periods of ineligibility described in [§ 245.305](/cfr/49/245.305.md).
- (i) An operational test that is not conducted in compliance with this part, a railroad's operating rules, or a railroad's program under [§ 217.9](/cfr/49/217.9.md) of this chapter, will not be considered a legitimate test of operational skill or knowledge, and will not be considered for revocation purposes.
- (j) 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.