---
kind: "section"
citation: "49 C.F.R. § 246.120"
title: "49"
number: "246.120"
heading: "Requirements for qualification."
url: "https://uscodex.org/cfr/49/246.120"
---

# §246.120. Requirements for qualification.

- (a) After FRA has approved a railroad's certification program, a railroad shall not permit or require a person to serve as a signal employee, as defined in [§ 246.7](/cfr/49/246.7.md), unless that railroad determines that:
  - (1) The person is a certified signal employee; and
  - (2) **The person either—**
    - (i) Is qualified, as defined in [§ 246.7](/cfr/49/246.7.md), on the signal system equipment and signal-related technology (whether existing or new) and therefore may reasonably be expected to be proficient on all safety related tasks the person is assigned to perform; or
    - (ii) **Is working under the direct and immediate supervision of a mentor or qualified instructor.**
- (b) If a person is called to perform work on signal system equipment or signal-related technology that they are not qualified on, the person must immediately notify the railroad that they are not qualified on the signal system equipment or signal-related technology.
- (c) A person shall no longer be considered qualified on signal system equipment or signal-related technology if they have not performed work that requires certification pursuant to this part on signal system equipment or signal-related technology in the previous 12 months.
- (d) Each railroad shall adopt and comply with a program meeting the requirements of this section. When any person (including but not limited to a railroad; any manager, supervisor, official, or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any employee of such owner, manufacturer, lessor, lessee, or independent contractor or subcontractor) 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 44873, May 21, 2024, unless otherwise noted.