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Title 49 Part 218 → Subpart D

Title 49 → Subtitle B → Chapter II → Part 218 → Subpart D

Electronic Code of Federal Regulations e-CFR

Title 49 Part 218 → Subpart D

e-CFR data is current as of November 14, 2019

Title 49Subtitle BChapter IIPart 218 → Subpart D


Title 49: Transportation
PART 218—RAILROAD OPERATING PRACTICES


Subpart D—Prohibition Against Tampering With Safety Devices


Contents
§218.51   Purpose.
§218.53   Scope and definitions.
§218.55   Tampering prohibited.
§218.57   Responsibilities of individuals.
§218.59   Responsibilities of railroads.
§218.61   Authority to deactivate safety devices.

Source: 54 FR 5492, Feb. 3, 1989, unless otherwise noted.

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§218.51   Purpose.

(a) The purpose of this subpart is to prevent accidents and casualties that can result from the operation of trains when safety devices intended to improve the safety of their movement have been disabled.

(b) This subpart does not prohibit intervention with safety devices that is permitted:

(1) Under the provisions of §236.566 or §236.567 of this chapter;

(2) Under the provisions of §218.61 of this part; or

(3) Under the provisions of §229.9 of this chapter, provided that when a locomotive is being operated under the provision of §229.9(b) a designated officer has been notified of the defective alerter or deadman pedal at the first available point of communication.

[54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993]

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§218.53   Scope and definitions.

(a) This subpart establishes standards of conduct for railroads and individuals who operate or permit to be operated locomotives equipped with one or more of the safety devices identified in paragraph (c) of this section.

(b) Disable means to unlawfully render a device incapable of proper and effective action or to materially impair the functioning of that device.

(c) Safety device means any locomotive-mounted equipment that is used either to assure that the locomotive operator is alert, not physically incapacitated, aware of and complying with the indications of a signal system or other operational control system or to record data concerning the operation of that locomotive or the train it is powering. See appendix B to this part for a statement of agency policy on this subject.

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§218.55   Tampering prohibited.

Any individual who willfully disables a safety device is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found unfit for such duties under the procedures provided for in 49 CFR part 209. See FRA's website at www.fra.dot.gov for a statement of agency civil penalty policy.

[84 FR 23734, May 23, 2019]

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§218.57   Responsibilities of individuals.

Any individual who knowingly operates a train, or permits it to be operated, when the controlling locomotive of that train is equipped with a disabled safety device, is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found to be unfit for such duties. See appendix B to this part for a statement of agency enforcement policy concerning violations of this section. See FRA's website at www.fra.dot.gov for a statement of agency civil penalty policy.

[84 FR 23734, May 23, 2019]

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§218.59   Responsibilities of railroads.

Any railroad that operates a train when the controlling locomotive of a train is equipped with a disabled safety device is subject to a civil penalty. See FRA's website at www.fra.dot.gov for a statement of agency civil penalty policy.

[84 FR 23734, May 23, 2019]

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§218.61   Authority to deactivate safety devices.

(a) For the purpose of this chapter, it is lawful to temporarily render a safety device incapable of proper or effective action or to materially impair its function if this action is taken as provided for in paragraph (b) or (c) of this section.

(b) If a locomotive is equipped with a device to assure that the operator is alert or not physically incapacitated, that device may be deactivated when:

(1) The locomotive is not the controlling locomotive;

(2) The locomotive is performing switching operations and not hauling cars in a manner that constitutes a train movement under part 232 of this chapter:

(3) The locomotive is dead-in-tow; or

(4) The locomotive is a mid-train slave unit being controlled by radio from a remote location.

(c) If a locomotive is equipped with a device to record data concerning the operation of that locomotive and/or of the train it is powering, that device may be deactivated only in accordance with the provisions of §229.135.

[54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993]

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