--- kind: "section" citation: "49 C.F.R. § 246.303" title: "49" number: "246.303" heading: "Criteria for revoking certification." url: "https://uscodex.org/cfr/49/246.303" --- # §246.303. 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 signal employee who fails to comply with a railroad test procedure, signal standard or practice described in [paragraph (e)](#e) of this section shall have their certification revoked. - (c) A certified signal employee who is assigned to monitor, mentor, or instruct a signal employee and fails to take appropriate action to prevent a violation of [paragraph (e)](#e) of this section shall have their certification revoked. - (d) A certified signal employee who is called by a railroad to perform a duty other than that of a signal employee shall not have their signal employee certification revoked based on actions taken or not taken while performing that duty except for violations described in [paragraph (e)(11)](#e-11) of this section. - (e) When determining whether to revoke a person's signal employee certification, a railroad shall only consider violations of Federal regulatory provisions or railroad rules, procedures, signal standards, and practices that involve: - (1) Interfering with the normal functioning of a highway-rail grade crossing warning system under [§ 234.209](/cfr/49/234.209.md) of this chapter, or signal system under [§ 236.4](/cfr/49/236.4.md) of this chapter, without providing an alternative means of protection. (Railroads shall only consider those violations that result in an activation failure or false proceed signal.) - (2) **Failure to comply with a railroad rule or procedure when removing from service—** - (i) Highway-rail or pathway grade crossing warning devices and systems; - (ii) Wayside signal devices or signal systems; or - (iii) **Other devices or signal systems subject to this part.** - (3) **Failure to comply with railroad rule or procedure when placing in service or restoring to service—** - (i) Highway-rail and pathway grade crossing warning devices and systems; - (ii) Wayside signal devices or signal systems; or - (iii) **Other devices or signal systems subject to this part.** - (4) Failure to perform an inspection or test to ensure a highway-rail or pathway grade crossing warning device or system functions as intended, when required by railroad rule or procedure, after: - (i) Installation, maintenance, testing or repair of the warning device or system; - (ii) Modification or disarrangement of the warning device or system; or - (iii) Malfunction or failure of the warning device or system; - (5) Failure to restore power to train detection device or highway-rail or pathway grade crossing warning device or system after manual interruption of the power source. (Railroads shall consider only those violations that result in activation failures.) - (6) **Failure to comply with railroad validation or cutover procedures.** - (7) Failure to comply with §§ [214.313](/cfr/49/214.313.md), [214.319](/cfr/49/214.319.md), [214.321](/cfr/49/214.321.md), [214.323](/cfr/49/214.323.md), [214.325](/cfr/49/214.325.md), [214.327](/cfr/49/214.327.md), or [214.329](/cfr/49/214.329.md). Railroads shall consider only those violations directly involving a person who failed to obtain proper on-track safety before fouling a track. - (8) Failure to comply with [§ 218.25](/cfr/49/218.25.md) of this chapter (Workers on a main track); - (9) Failure to comply with [§ 218.27](/cfr/49/218.27.md) of this chapter (Workers on other than main track); - (10) Failure to comply with [§ 218.29](/cfr/49/218.29.md) of this chapter (Alternate methods of protection); - (11) 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 § [246.305(a)(2)](/cfr/49/246.305.md?p=a-2) and [(b)](/cfr/49/246.305.md?p=a-b). - (f) In making the determination as to whether to revoke a person's signal employee certification, a railroad shall only consider conduct described in [paragraphs (e)(1) through (10)](#e-1..e-10) 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 Federal regulatory provision or railroad rule, procedure, signal standard, or practice, that event shall be treated as a single violation for the purposes of this section. - (h) A violation of one or more railroad rules, procedures, signal standards, or practices described in [paragraphs (e)(1) through (10)](#e-1..e-10) of this section that occurs during a properly conducted compliance test subject to the provisions of this chapter shall be counted in determining the periods of ineligibility described in [§ 246.305](/cfr/49/246.305.md). - (i) A compliance 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 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 44873, May 21, 2024, unless otherwise noted.