240.104—Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer.
(a)
A railroad is not required to use a certified locomotive engineer to perform the following functions:
(i)
Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site;
(ii)
Moving under authority of railroad operating rules designated for the movement of roadway maintenance equipment that ensure the protection of such equipment from train movements; and
(iii)
Being operated by an individual trained and qualified in accordance with §§ 214.341, 214.343, and 214.355 of this chapter.
(b)
A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with paragraph (a)(2) of this section.
[64 FR 60990, Nov. 8, 1999]