49 CFR PART 240 Qualification and Certification of

49 CFR PART 240 Qualification and Certification of Locomotive Engineers

Engineer Certification Review including Recent Changes

Applicability Part 240 regulations apply to: ü All Railroads ü Operating on Standard Gauge Track ü Part of the General RR System v Any Person Including Contractors

Locomotive Engineer ü ü Anyone Who Moves Locomotives With or Without Cars Attached

Classes of Service ü n ü ü Train Service – Locomotives AND Cars Additional Subclasses Locomotive Servicing – Locomotives ONLY (anywhere) Student – Under Immediate Supervision

Certificate Information ü ü Good for 3 Years Contains Following Information: • Railroad or Parent Company • Physical Description / Photo • Service Class • Date of Issuance / Expiration • Signed – SLE or Designated Officer • Date of Last Monitor Ride

Requirements for Certification/Recertification ü ü Vision - 20/40 Uncorrected or Corrected / No Color Blindness Hearing – Loss Not Greater Than 40 Decibels Averaging the Readings at 500 HZ, 1000 HZ, and 2000 HZ v. Engineers Required To Report Deteriorating Hearing/Vision to RR

Requirements Continued ü ü ü DMV Data – Drugs & Alcohol Only v. Current Engineers Must Report Suspensions/Revocations Within 48 Hours Railroad Safety Records – Operating Rule Violations / Drug & Alcohol Violations v 36 Months Training Requirements Completed Knowledge Test Passed Skills Performance Test (Conducted by SLE) Passed

Requirements Continued ü ü Monitoring – Annual Check Ride Conducted by SLE Efficiency Test – Conducted by Any Supervisor, Annually, Without Notice

Revocation Offenses 1. Stop Signals • Signal Systems • Red Flags/Fusees • Stop Boards / Work Limits (MOW) • Efficiency Tests Counts v Excludes Switches, Derails, Hand/Radio Signals

Revocation Offenses 2. Speed • 10 MPH Over • Includes Failed Ditch Lights (20 MPH Over Crossings) • Restricted Speed / Half Range of Vision with Reportable Damages (Over $6, 900) OR Employee Injury

Revocation Offenses 3. Air Brake Tests • Initial Terminal (Class I) • Intermediate (Class II) • Yard Transfer 4. Main Track Authority • Train Orders v Verbal Permission Segment of Main Track • Enter Work Limits / Pass Flag Location

Revocation Offenses 5. Tampering With Safety Devises • Event Recorders / Speedometers • Alerters • Automatic Train Control / Cab Signals • Includes Knowingly Operating Equipment with Disabled Devices • Does Not Include Radios, Bells, Whistles

v. Revocation Periods (5 Year Period Dropped) ü ü ü 1 st Offense – 30 days • Can Be Reduced to 15 Days with Remedial Training 2 nd Offense within 24 Months OF EACH OTHER – 6 Months • Can Be Reduced to 3 Months 3 rd Offense Within 36 Months OF EACH OTHER – 1 Year • Can Be Reduced to 6 Months

v. Revocation Periods ü 4 th Offense Within 36 Months OF EACH OTHER – 3 Years • No Option to Reduce ØIn ALL cases - Never an Option to Reduce if 219. 101 (Drug & Alcohol) Violation

Revocation Events ü ü ü Single Event – Multiple Violations • Only Counted as 1 Violation Multiple Violations Can Occur • If Separated by Time, Distance, or Circumstance • Point A – No Brake Test • Point B – Speeding • Point C – No Brake Test • Equals 3 Violations in 1 Tour Of Duty! Remember…Efficiency Tests Count!

Revocation Appeal Process ü ü 1 st Resolution To Railroad • Written Within 96 Hours • Hearing Within 10 days • Issue Decision Within 10 Days 2 nd Resolution To Railroad • 120 Days to Petition • 60 Days RR Response • 180 Days RR Decision

Revocation Appeal Process ü ü 1 st Appeal – To FRA • Administrative Hearing 20 days From 2 nd Appeal Decision • Formal Hearing Final Appeal – To FRA • 35 Days From Formal Hearing Decision • 25 days For Appeal Reply • Final Agency Action

Penalties n ü ü Any Person who Violates/Causes Violation of Part 240 Regulations is subject to: Civil Penalties Criminal Penalties

QUESTIONS?