---
kind: "section"
citation: "49 C.F.R. § 246.305"
title: "49"
number: "246.305"
heading: "Periods of ineligibility."
url: "https://uscodex.org/cfr/49/246.305"
---

# §246.305. Periods of ineligibility.

- (a) The starting date for a period of ineligibility described in this section shall be:
  - (1) For a person not currently certified, the date of the railroad's written determination that the most recent incident has occurred; or
  - (2) 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.
- (b) A period of ineligibility shall be determined according to the following standards:
  - (1) In the case of a single incident involving a violation of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices described in [§ 246.303(e)(1) through (10)](/cfr/49/246.303.md?p=e-1..e-10), the person shall have their certificate revoked for a period of 30 calendar days.
  - (2) In the case of two separate incidents involving a violation of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices described in [§ 246.303(e)(1) through (10)](/cfr/49/246.303.md?p=e-1..e-10), that occurred within 24 months of each other, the person shall have their certificate revoked for a period of six months.
  - (3) In the case of three separate incidents involving violations of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices, described in [§ 246.303(e)(1) through (11)](/cfr/49/246.303.md?p=e-1..e-11), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of one year.
  - (4) In the case of four separate incidents involving violations of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices, described in [§ 246.303(e)(1) through (11)](/cfr/49/246.303.md?p=e-1..e-11), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of three years.
  - (5) Where, based on the occurrence of violations described in [§ 246.303(e)(11)](/cfr/49/246.303.md?p=e-11), different periods of ineligibility may result under the provisions of this section and [§ 246.115](/cfr/49/246.115.md), the longest period of revocation shall control.
- (c) Any or all periods of revocation provided in [paragraph (b)](#b) of this section may consist of training.
- (d) 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:
  - (1) The denial or revocation of certification in accordance with the provisions of [paragraph (b)](#b) of this section is for a period of one year or less;
  - (2) Certification is denied or revoked for reasons other than noncompliance with [§ 219.101](/cfr/49/219.101.md) of this chapter;
  - (3) The person is evaluated by a railroad officer and determined to have received adequate remedial training;
  - (4) 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
  - (5) At least one half of the pertinent period of ineligibility specified in [paragraph (b)](#b) of this section has elapsed.

## 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.