PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS
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This part prescribes minimum Federal safety standards for the eligibility,training, testing, certification and monitoring of all locomotive engineers to whom it applies. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part
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Under 49 U.S.C. 20106, issuance of the regulations in this part preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law,regulation, or order that is necessary to eliminate or reduce an essentially local safety hazard; is not incompatible with a law, regulation, or order of the United States Government; and does not impose an unreasonable burden on interstate commerce
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Medical examiner means a person licensed as a doctor of medicine or doctor of osteopathy. A medical examiner can be a qualified full-time salaried employee of a railroad, a qualified practitioner who contracts with the railroad on a fee-for-service or other basis, or a qualified practitioner designated by the railroad to perform functions in connection with medical evaluations of employees. As used in  this rule, the medical examiner owes a duty to the railroad to make an honest and fully informed evaluation of the condition of an employee.
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Type I Simulator means a replica of the control compartment of a locomotive with all associated control equipment that:(1) Functions in response to a person’s manipulation and causes the gauges associated with such controls to appropriately respond to the consequences of that manipulation;(2) Pictorially, audibly and graphically illustrates the route to be taken;(3) Graphically, audibly, and physically illustrates the consequences of control manipulations in terms of their effect on train speed, braking capacity,and in-train force levels throughout the train; and(4) Is computer enhanced so that it can be programmed for specific train consists and the known physical characteristics of the line illustrated.
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Type II Simulator means a replica of the control equipment for a locomotive that:(1) Functions in response to a person’s manipulation and causes the gauges associated with such controls to appropriately respond to the consequences of that manipulation;(2) Pictorially, audibly, and graphically illustrates the route to be taken;(3) Graphically and audibly illustrates the consequences of control manipulations in terms of their effect on train speed braking capacity, and in train force levels throughout the train;and(4) Is computer enhanced so that it can be programmed for specific train consists and the known physical characteristics of the line illustrated.
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Type III Simulator means a replica of the control equipment for a locomotive that:(1) Functions in response to a person’s manipulation and causes the gauges associated with such controls to appropriately respond to the consequences of that manipulation;(2) Graphically illustrates the route to be taken;(3) Graphically illustrates the consequences of control manipulations interms of their effect on train speed braking capacity, and in-train force levels throughout the train; and(4) Is computer enhanced so that it can be programmed for specific train consists and the known physical characteristics of the line illustrated
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3) Failure to adhere to procedures for the safe use of train or engine brakes when the procedures are required for compliance with the Class I,Class IA, Class II, Class III, or transfer train brake test provisions of 49 CFR part 232 or when the procedures are required for compliance with the Class I,Class IA, Class II, or running brake test provisions of 49 CFR part 238;
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An operational test that is not conducted in compliance with this part, a railroad’s operating rules, or a railroad’s program under § 217.9 of this chapter, will not be considered a legitimate test of operational skill or knowledge,and will not be considered for certification, recertification or revocation purposes.
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The testing methods selected bythe railroad shall be:(1) Designed to examine a person’s knowledge of the railroad’s rules and practices for the safe operation of trains;(2) Objective in nature;(3) Administered in written form;(4) Cover the following subjects:(i) Personal safety practices;(ii) Operating practices;(iii) Equipment inspection practices;(iv) Train handling practices including familiarity with the physical characteristics of the territory; and (v) Compliance with Federal safety rules;
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If it denies a person certification or recertification, a railroad shall notify the person of the adverse decision and explain, in writing, the basis for its denial decision. The document explaining the basis for the denial shall be mailed or delivered to the person within 10 days after the railroad’s decision and shall give the date of the decision
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The Federal Railroad Administrator has delegated initial responsibility for adjudicating such disputes to the Locomotive Engineer Review Board.(c) The Locomotive Engineer Review Board shall be composed of at least three employees of the Federal Railroad Administration selected by the Administrator
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