§245.305. Periods of ineligibility.
49 C.F.R. § 245.305
The starting date for a period of ineligibility described in this section shall be:
For a person not currently certified, the date of the railroad's written determination that the most recent incident has occurred; or
For a person currently certified, the date of the railroad's notification to the person that recertification has been denied or certification has been suspended.
A period of ineligibility shall be determined according to the following standards:
In the case of a single incident involving a violation of one or more of the operating rules or practices described in § 245.303(e)(1) through (6), the person shall have their certificate revoked for a period of 30 calendar days.
In the case of two separate incidents involving a violation of one or more of the operating rules or practices described in § 245.303(e)(1) through (6), that occurred within 24 months of each other, the person shall have their certificate revoked for a period of six months.
In the case of three separate incidents involving violations of one or more of the operating rules or practices, described in § 245.303(e)(1) through (7), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of one year.
In the case of four separate incidents involving violations of one or more of the operating rules or practices, described in § 245.303(e)(1) through (7), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of three years.
Where, based on the occurrence of violations described in § 245.303(e)(7), different periods of ineligibility may result under the provisions of this section and § 245.115, the longest period of revocation shall control.
Any or all periods of revocation provided in paragraph (b) of this section may consist of training.
A person whose certification is denied or revoked shall be eligible for grant or reinstatement of the certificate prior to the expiration of the initial period of ineligibility only if:
The denial or revocation of certification in accordance with the provisions of paragraph (b) of this section is for a period of one year or less;
Certification is denied or revoked for reasons other than noncompliance with § 219.101 of this chapter;
The person is evaluated by a railroad officer and determined to have received adequate remedial training;
The person successfully completes any mandatory program of training or retraining, if that is determined to be necessary by the railroad prior to return to service; and
At least one half of the pertinent period of ineligibility specified in paragraph (b) of this section has elapsed.
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.