PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS
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This part prescribes minimum Federal safety standards for the eligibility,training, testing, certification and monitoring of all conductors to whom it applies. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements consistent with this part
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Conductor means the crew member in charge of a ‘‘train or yard crew’’ as defined in part 218 of this chapter. See also the definition of ‘‘passenger conductor’’in this section
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Dual purpose vehicle means a piece of on-track equipment that is capable of moving railroad rolling stock and may also function as roadway maintenance equipment.
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Ineligible or ineligibility means that a person is legally disqualified from serving as a certified conductor. The term covers a number of circumstances in which a person may not serve as a certified conductor. Revocation of certification pursuant to § 242.407 and denial of certification pursuant to § 242.401 are two examples in which a person would be ineligible to serve as a conductor. A period of ineligibility may end when a condition or conditions are met. For example, when a person meets the conditions to serve as a conductor following an alcohol or drug violation pursuant to § 242.115
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Job aid means information regarding other than main track physical characteristics that supplements the operating instructions of the territory over which the locomotive or train movement will occur. See definitions of‘‘main track’’ and ‘‘physical characteristics’’in this section. A job aid may consist of training on the territory pursuant to § 242.119, maps, charts or visual aids of the territory, or a person or persons to contact who are qualified on the territory and who can describe the physical characteristics of the territory.At a minimum, a job aid must cover characteristics of a territory including:permanent close clearances,location of permanent derails and switches, assigned radio frequencies in use and special instructions required for movement, if any, and railroad identified unique operating conditions.
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Knowingly means having actual knowledge of the facts giving rise to the violation or that a reasonable person acting in the circumstances, exercising due care, would have had such knowledge.
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Locomotive engineer means any person who moves a locomotive or group of locomotives regardless of whether they are coupled to other rolling equipment
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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 make an honest and fully informed evaluation of the condition o fan employee.
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Physical characteristics means the actual track profile of and physical location for points within a specific yard or route that affect the movement of a locomotive or train. Physical characteristics includes both main track physical characteristics (see definition of ‘‘main track’’ in this section) and other than main track physical characteristics
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Territorial qualifications means possessing the necessary knowledge concerning a railroad’s operating rules and timetable special instructions including familiarity with applicable main track and other than main track physical characteristics of the territory over which the locomotive or train movement will occur.
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Each railroad’s program shall state which of the two types of service(conductor and passenger conductor),provided for in paragraph (b) of this section, that it will cover.(b) A railroad may issue certificates for either of the following types of service:(1) Conductor; and(2) Passenger conductor
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The program shall include a method for a person to advise the railroad that he or she has never been a railroad employee or obtained a license to drive a motor vehicle. Nothing in this section shall be construed as imposing a duty or requirement that a person have prior railroad employment experience or obtain a motor vehicle driver’s license in order to become a certified conductor.
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Evaluation of record. When evaluating a person’s motor vehicle driving record, a railroad shall not consider information concerning motor vehicle driving incidents that occurred:(1) Prior to the effective date of this rule;(2) More than 36 months before the month in which the railroad is making its certification decision; or(3) At a time other than that specifically provided for in §§ 242.111, 242.115,or 242.403
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Each railroad shall adopt and comply with a program that meets 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.
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Prior to a previously untrained person being certified as a conductor, a railroad shall require the person to:(1) Successfully complete the formal initial training program developed pursuant to paragraph (d) of this section and any associated examinations covering the skills and knowledge the person will need to possess in order to perform the tasks necessary to be a conductor;and(2) Demonstrate, to the satisfaction of the railroad with input from a qualified instructor, on-the-job proficiency by successfully completing the tasks necessary to be a conductor. However,a person may perform such tasks under the direct onsite supervision of a person,who has the necessary operating experience, as part of the on-the-job training process prior to completing such training and passing the field evaluation; and(3) Demonstrate knowledge of the physical characteristics of any assigned territory by successfully completing a test created by a person qualified on the physical characteristics of the territory
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railroad shall notify a candidate for certification or recertification of information known to the railroad that forms the basis for denying the person certification and provide the person a reasonable opportunity to explain or rebut that adverse information in writing prior to denying certification.A railroad shall provide the conductor candidate with any written documents or records, including written statements, related to failure to meet a requirement of this part which support its pending denial decision.
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Any person who has been denied certification, denied recertification, or has had his or her certification revoked and believes that a railroad incorrectly determined that he or she failed to meet the certification requirements of this regulation when making the decision to deny or revoke certification,may petition the Federal Railroad Administrator to review the railroad’s decision.
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