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Federal Railroad Administration\
Railroad Workplace Safety\
Compliance Manual\
\
*Chapter 4\
Roadway Maintenance Machine Safety*

Office of Safety Assurance and Compliance\
Track and Structures Division

July 5, 2006

Table of Contents

[Introduction 2](#introduction)

[The Regulation 2](#the-regulation)

[Section and Guidance 2](#section-and-guidance)

[§ 214.7 Definitions 2](#definitions)

[§ 214.501 Purpose and scope 2](#purpose-and-scope)

[§ 214.503 Good-faith challenges; procedures for notification and
resolution
2](#good-faith-challenges-procedures-for-notification-and-resolution)

[§ 214.505 Required environmental control and protection systems for new
on-track roadway maintenance machines with enclosed cabs
2](#required-environmental-control-and-protection-systems-for-new-on-track-roadway-maintenance-machines-with-enclosed-cabs)

[§ 214.507 Required safety equipment for new on-track roadway
maintenance machines
2](#required-safety-equipment-for-new-on-track-roadway-maintenance-machines)

[§ 214.509 Required visual illumination and reflective devices for new
on-track roadway maintenance machines
2](#required-visual-illumination-and-reflective-devices-for-new-on-track-roadway-maintenance-machines)

[§ 214.511 Required audible warning devices for new on-track roadway
maintenance machines
2](#required-audible-warning-devices-for-new-on-track-roadway-maintenance-machines)

[§ 214.513 Retrofitting of existing on-track roadway maintenance
machines; general
2](#retrofitting-of-existing-on-track-roadway-maintenance-machines-general)

[§ 214.515 Overhead covers for existing on-track roadway maintenance
machines
2](#overhead-covers-for-existing-on-track-roadway-maintenance-machines)

[§ 214.517 Retrofitting of existing on-track roadway maintenance
machines manufactured on or after January 1, 1991
2](#retrofitting-of-existing-on-track-roadway-maintenance-machines-manufactured-on-or-after-january-1-1991)

[§ 214.518 Safe and secure positions for riders
2](#safe-and-secure-positions-for-riders)

[§ 214.519 Floors, decks, stairs, and ladders for on-track roadway
maintenance machines
2](#floors-decks-stairs-and-ladders-for-on-track-roadway-maintenance-machines)

[§ 214.521 Flagging equipment for on-track roadway maintenance machines
and hi-rail vehicles
2](#flagging-equipment-for-on-track-roadway-maintenance-machines-and-hi-rail-vehicles)

[§ 214.523 Hi-rail vehicles 2](#hi-rail-vehicles)

[§ 214.525 Towing with on-track roadway maintenance machines or hi-rail
vehicles
2](#towing-with-on-track-roadway-maintenance-machines-or-hi-rail-vehicles)

[§ 214.527 On-track roadway maintenance machines; inspection for
compliance and schedule for repairs
2](#on-track-roadway-maintenance-machines-inspection-for-compliance-and-schedule-for-repairs)

[§ 214.529 In-service failure of primary braking system
2](#in-service-failure-of-primary-braking-system)

[§ 214.531 Schedule of repairs; general 2](#schedule-of-repairs-general)

[§ 214.533 Schedule of repairs subject to availability of parts
2](#schedule-of-repairs-subject-to-availability-of-parts)

[Appendix 2](#appendix)

[Appendix A - Defect Code/Penalty Schedule
2](#appendix-a---defect-codepenalty-schedule)

[Appendix B, Quick Reference Table 2](#appendix-b-quick-reference-table)

#   {#section .unnumbered}

# Introduction

This chapter of the Railroad Workplace Safety Compliance Manual provides
guidance for Federal Railroad Administration (FRA) and State personnel
to ensure railroads and contractors comply with the federal regulations
concerning Part 214 of Title 49 of the Code of Federal Regulations
(CFR), specifically, Subpart D, On-Track Roadway Maintenance Machines
and Hi-Rail Vehicles. Roadway Maintenance Machine Safety (RMMS) will be
used throughout this document to refer to all of Subpart D, including
those provisions that relate to hi-rail vehicles, as well as Subpart A
and any applicable definitions found in 49 CFR 214.7. This manual is not
to be construed as a modification, alteration, or revision of the
published RMMS Rule.

Any legal proceeding instituted against a railroad must be based on the
official regulations found in the Code of Federal Regulations, Title 49,
Part 214, Subpart D, published annually by the Government Printing
Office. However, inspectors should refer to this manual to understand
the intent of any particular section, thereby assuring to the extent
practicable, the nationally uniform application of these rules as
intended by the Federal Railroad Administration. The Final Rule,
published July 28, 2003, became effective September 26, 2003.

The defect codes shown in Appendix B are important analytical tools for
FRA's data collection. However, defect codes do not determine the
existence of a violation unless they mirror the CFR rule text. If an
inspector finds no defect code corresponding to a violation of the RMMS
regulation, the inspector may still submit a violation describing the
unsafe condition cited and referencing the CFR section that is
applicable.

Each section of the RMMS regulation included in this manual is formatted
in *italic font,* whereas indented paragraphs after each paragraph of
the regulation provide field guidance for the associated regulation
text.

# The Regulation

## Section and Guidance

### § 214.7 Definitions

**Designated official** means any person(s) designated by the employer
to receive notification of non-complying conditions on on-track roadway
maintenance machines and hi-rail vehicles.

**Hi-rail vehicle** means a roadway maintenance machine that is
manufactured to meet Federal Motor Vehicle Safety Standards and is
equipped with retractable flanged wheels so that the vehicle may travel
over the highway or on railroad tracks.

**Hi-rail vehicle, new** means a hi-rail vehicle that is ordered after
December 26, 2003 or completed after September 27, 2004.

**On-track roadway maintenance machine** means a self-propelled,
rail-mounted, non-highway, maintenance machine whose light weight is in
excess of 7,500 pounds, and whose purpose is not for the inspection of
railroad track.

**On-track roadway maintenance machine, existing** means any on-track
roadway maintenance machine that does not meet the definition of a "new
on-track roadway maintenance machine."

**On-track roadway maintenance machine, new** means an on-track roadway
maintenance machine that is ordered after December 26, 2003, and
completed after September 27, 2004.

### § 214.501 Purpose and scope

501(a) The purpose of this subpart is to prevent accidents and
casualties caused by the lawful operation of on-track roadway
maintenance machines and hi-rail vehicles.

501(b) This subpart prescribes minimum safety standards for on-track
roadway maintenance machines and hi-rail vehicles. An employer may
prescribe additional or more stringent standards that are consistent
with this subpart.

501(c) Any working condition that involves the protection of employees
engaged in roadway maintenance duties covered by this subpart but is not
within the subject matter addressed by this subpart, including employee
exposure to noise, shall be governed by the regulations of the U.S.
Department of Labor, Occupational Safety and Health Administration.

**Guidance**. Purpose and Scope provides an introduction into the
regulation, which governs Roadway Maintenance Machines and the basis of
authority for enforcement by Federal and State personnel.

This section, which includes (a), (b), & (c), is designed to prevent
accidents and casualties involving on-track maintenance machines and
hi-rail vehicles and delineates protection for employees against other
dangers such as, but not limited to, exposure to noise via the
regulations of the U. S. Department of Labor, Occupational Safety and
Health Administration.

It is important to note that the RMMS regulation prescribes physical
attribute and inspection requirements for certain roadway maintenance
machines. However, railroads and contractors must also comply with the
Roadway Worker Protection regulation, 49 CFR Part 214, Subpart C, which
prescribes operational and training requirements for roadway maintenance
machines.

### § 214.503 Good-faith challenges; procedures for notification and resolution

503(a) An employee operating an on-track roadway maintenance machine or
hi-rail vehicle shall inform the employer whenever the employee makes a
good-faith determination that the machine or vehicle does not comply
with FRA regulations or has a condition that inhibits its safe
operation.

**Guidance**. Each employee operating an on-track roadway maintenance
machine is responsible for informing the employer whenever the employee
makes a good-faith determination that an on-track roadway maintenance
machine or hi-rail vehicle does not comply with FRA regulations or it
has a condition that inhibits its safe operation.

The employee should consider the general requirements specified in
[*214.341*](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=49&PART=214&SECTION=341&TYPE=TEXT)
of Subpart C, which also addresses the safety of roadway workers who
operate or work near roadway maintenance machines. For example, a
roadway maintenance machine covered in Subpart C, but not in Subpart D,
would be a track motor car. The inspector should consult the RWP
regulation ([*49 CFR 214, Subpart
C*](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=5e3b7448b4a3a5f5b45a99ccf70270ac&rgn=div5&view=text&node=49:4.1.1.1.9&idno=49))
concerning roadway maintenance machines as an additional resource for
information with respect to operational safety.

For example, a roadway maintenance machine with no secondary brake
system available and no other machine available for coupling may be
moved to a clearance or repair point. If there is doubt that the machine
can be moved safely, a good-faith challenge would be appropriate.

503(b) Any employee charged with operating an on-track roadway
maintenance machine or hi-rail vehicle covered by this subpart may
refuse to operate the machine or vehicle if the employee makes a
good-faith determination that it does not comply with the requirements
of this subpart or has a condition that inhibits its safe operation. The
employer shall not require the employee to operate the machine or
vehicle until the challenge resulting from the good-faith determination
is resolved.

503(c) Each employer shall have in place and follow written procedures
to assure prompt and equitable resolution of challenges resulting from
good-faith determinations made in accordance with this section. The
procedures shall also include the title and location of the employer's
designated official.

**Guidance**. This paragraph requires that the good-faith challenge
procedure be in writing in order to provide a prompt and equitable
solution for any concern. The written procedure shall also include the
title and location of the employer's designated official, who is defined
by the rule as any person(s) designated by the employer to receive
notification of non-complying conditions on on-track roadway maintenance
and hi-rail vehicles. It is incumbent upon the employer to explain to
all employees how the procedure is to function. FRA field inspectors
should ask the employer how the information concerning the good-faith
challenge is disseminated to the workforce.

### § 214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs

505(a) The following new on-track roadway maintenance machines shall be
equipped with enclosed cabs with operative heating systems, operative
air conditioning systems, and operative positive pressurized ventilation
systems:

\(1\) Ballast regulators;

\(2\) Tampers;

\(3\) Mechanical brooms;

\(4\) Rotary scarifiers;

\(5\) Undercutters; and

\(6\) Functional equivalents of any of the machines identified in
paragraphs (a)(1) through (a)(5) of this section.

**Guidance**. This regulation does not cover air contaminants outside an
enclosed cab of new on-track roadway maintenance machines under
paragraphs (a)(1) through (a)(6). A new machine, as defined by the rule,
is one which is ordered after December 26, 2003, and completed after
September 27, 2004.

If an inspector observes what may be a cloud of dust at the work site
outside the cab of a machine that is required to have environmental
controls, the inspector should ask the carrier's representative about
the railroad's respiratory program. If the carrier's representative
cannot explain or enforce the railroad's respiratory program, then the
inspector and/or specialist should contact Headquarters for assistance.
Headquarters, in turn, will contact OSHA in an effort to address the
concerns of the field inspector.

A functionally equivalent machine is an on-track maintenance machine
that has the ability to operate in any combination as either a ballast
regulator, tamper, mechanical broom, rotary scarifier, or undercutter
that creates air contaminants, such as silica dust.

505(b) New on-track roadway maintenance machines, and existing on-track
roadway maintenance machines specifically designated by the employer, of
the types identified in paragraphs (a)(1) through (a)(5) of this
section, or functionally equivalent thereto, shall be capable of
protecting employees in the cabs of the machines from exposure to air
contaminants, in accordance with [29 CFR
1910.1000.](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1910&SECTION=1000&TYPE=TEXT)

**Guidance**. FRA is referencing OSHA's regulations already in effect.
FRA will address failure to comply with working condition requirements.
The section includes the detection of all air contaminants, not only
silica.

505(c) An employer shall maintain a list of new and designated existing
on-track roadway maintenance machines of the types identified in
paragraphs (a)(1) through (a)(5) of this section, or functionally
equivalent thereto. The list shall be kept current and made available to
the Federal Railroad Administration and other Federal and State agencies
upon request.

**Guidance**. Employers must maintain a roster of roadway maintenance
machines, under FRA's jurisdiction, for purposes of this regulation. The
employer is required to list new roadway maintenance machines as defined
by the regulation as well as equipment "designated" by the employer in
accordance with 49 CFR 214.505(d). The inspector must have this
information so they may determine if a roadway maintenance machine is
new or designated existing. Conceivably, the employer could have only
one roster. All other equipment would be considered existing in
reference to this section of the regulation.

Note that equipment "designated" in accordance with 49 CFR 214.505(d)
will be subject to the requirements to protect employees from air
contaminants, as set forth in paragraph (b) of this section. Other
requirements in 49 CFR 214.505 do not apply to "designated" equipment,
only to "new" equipment.

The roster of roadway maintenance machines may be kept manually or
electronically, but must be available upon request to FRA and other
state or federal agencies that have responsibility for air contaminant
standards and respiratory-related regulations for roadway maintenance
machines. Roadway maintenance machines not covered by FRA under the
provisions of § 214.505 are covered by OSHA regulations that are often
enforced by state agencies and OSHA itself.

505(d) An existing roadway maintenance machine of the type identified in
paragraphs (a)(1) through (a)(5) of this section, or functionally
equivalent thereto, becomes "designated" when the employer adds the
machine to the list required in paragraph (c) of this section. The
designation is irrevocable, and the designated existing roadway
maintenance machine remains subject to paragraph (b) of this section
until it is retired or sold.

**Guidance**. Employers may elect to include, on this roster, existing
roadway maintenance machines that are equipped with engineering controls
for air quality. These machines once added to the list will be treated
the same as new machines and are then required to meet the requirements
of section 505. The roster, which may be electronic, must be readily
available upon request to FRA and other Federal and State agencies that
have responsibility for air contaminant standards and
respiratory-related regulations for roadway maintenance machines.

505(e) If the ventilation system on a new on-track roadway maintenance
machine or a designated existing on-track roadway maintenance machine of
the type identified in paragraphs (a)(1) through (a)(5) of this section,
or functionally equivalent, becomes incapable of protecting an employee
in the cab of the machine from exposure to air contaminants in
accordance with\
[29 CFR
1910.1000](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1910&SECTION=1000&TYPE=TEXT),
personal respiratory protective equipment shall be provided for each
such employee until the machine is repaired in accordance with §
214.531.

**Guidance**. This paragraph will be enforced by FRA and State
"qualified individuals" who are capable of determining whether the
exposure is in violation of the environmental standards contained in
*[29 CFR
1910.1000](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1910&SECTION=1000&TYPE=TEXT).*
Air contaminates are particles added to the air, which are produced by a
physical process. An example is silica dust created by placing ballast.

505(f) Personal respiratory protective equipment provided under
paragraph (e) of this section shall comply with [29 CFR
1910.134](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1910&SECTION=134&TYPE=TEXT).

**Guidance**. Paragraphs (a) (e) and (f) require FRA and Sate personnel
to be able to identify the employer's personal respiratory protective
equipment that must be operative and comply with OSHA *[29 CFR
1910.134](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1910&SECTION=134&TYPE=TEXT).*
These standards require employers to use respirators certified by the
National Institute for Occupational Safety and Health (NIOSH). FRA and
State field personnel must also determine if the employers have in place
a respiratory protection program that includes procedures for proper
inspection and maintenance of respirators and medical evaluation of
personnel designated to use the respirators.

505(g) New on-track roadway maintenance machines with enclosed cabs,
other than the types identified in paragraphs (a)(1) through (a)(5) of
this section or functionally equivalent thereto, shall be equipped with
operative heating and ventilation systems.

505(h) When new on-track roadway maintenance machines require operation
from non-enclosed stations outside of the main cab, the non-enclosed
stations shall be equipped, where feasible from an engineering
standpoint, with a permanent or temporary roof, canopy, or umbrella
designed to provide cover from normal rainfall and midday sun.

### § 214.507 Required safety equipment for new on-track roadway maintenance machines

507(a) Each new on-track roadway maintenance machine shall be equipped
with:

\(1\) A seat for each operator, except as provided in paragraph (b) of
this section;

**Guidance**. This section requires each [new]{.underline} on-track
roadway maintenance machine be equipped with a seat for each operator,
unless the machine is designed to be operated by an operator in the
standing position.

\(2\) A safe and secure position with handholds, handrails, or a secure
seat for each roadway worker transported on the machine. Each position
shall be protected from moving parts of the machine;

**Guidance**. The intent is to provide handholds, handrails, or secure
seating and to protect riders from the moving parts of roadway
maintenance machines.

\(3\) A positive method of securement for turntables, on machines
equipped with a turntable, through engagement of pins and hooks that
block the descent of turntable devices below the rail head when not in
use;

\(4\) A windshield with safety glass, or other material with similar
properties, if the machine is designed with a windshield. Each new
on-track roadway maintenance machine designed with a windshield shall
also have power windshield wipers or suitable alternatives that provide
the machine operator an equivalent level of vision if windshield wipers
are incompatible with the windshield material:

**Guidance**. The Federal Register Vol. 69, No. 38, Thursday, February
26, 2004, amends the Railroad Maintenance Machine Rule, which became
effective September 26, 2004.

The amended 214.507 (a)(4) emphasizes that not all new on-track roadway
maintenance machines require windshields. Machines such as but not
limited to anchor spreaders, rail heater cars, and spike driving
machines may not be designed for windshields. When machines are equipped
with new windshields, power windshield wipers or an equivalent such as a
"chemical treatment water repellent" would be acceptable.

The amended section became effective April 26, 2004.

\(5\) A machine braking system capable of effectively controlling the
movement of the machine under normal operating conditions;

**Guidance**. The FRA track inspector should review [*Subpart C,
214.341(b)*](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=49&PART=214&SECTION=341&TYPE=TEXT),
which requires the employer to provide and maintain instructions for the
safe operation of each roadway maintenance machine with each machine
large enough to carry the instruction document.

\(6\) A first-aid kit that is readily accessible and complies with [29
CFR
1926.50(d)(2)](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1926&SECTION=50&TYPE=TEXT);
and

**Guidance**. First aid kits required for new on-track roadway
maintenance machines must comply with *[29 CFR 1926.50
(d)(2)](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1926&SECTION=50&TYPE=TEXT).*
The regulation "recommends", as an example, the description of the
contents of a generic first aid kit described in American National
Standard Institute (ANSI) standard Z 308.1 -- 1978.

\(7\) An operative and properly charged fire extinguisher of 5 BC rating
or higher which is securely mounted and readily accessible to the
operator from the operator's work station.

**Guidance**. Fire extinguishers required by 214.507 (a)(7) must be
operative, properly charged, securely mounted near the operator's work
station, and shall be rated 5 BC or higher.

507(b) Each new on-track roadway maintenance machine designed to be
operated and transported by the operator in a standing position shall be
equipped with handholds and handrails to provide the operator with a
safe and secure position.

507(c) Each new on-track roadway maintenance machine that weighs more
than 32,500 pounds light weight and is operated in excess of 20 mph
shall be equipped with a speed indicator that is accurate within ± 5 mph
of the actual speed at speeds of 10 mph and above.

**Guidance**. Inspectors need to refer to (d) if the light weight for
vehicles noted in Section (c) is not displayed and for the definition of
light weight.

507(d) Each new on-track roadway maintenance machine shall have its
as-built light weight displayed in a conspicuous location on the
machine.

**Guidance**. The light weight of a machine is calculated when a machine
is not loaded with passengers or extraneous equipment not part of the
machine itself. The light weight will also provide essential information
to crane operators in the event the machines are lifted onto or loaded
off of a flat bed truck or rail car for movement to another work site.

### § 214.509 Required visual illumination and reflective devices for new on-track roadway maintenance machines

Each new on-track roadway maintenance machine shall be equipped with the
following visual illumination and reflective devices:

509(a) An illumination device, such as a headlight, capable of
illuminating obstructions on the track ahead in the direction of travel
for a distance of 300 feet under normal weather and atmospheric
conditions;

**Guidance**. This section requires illumination devices, such as
headlights to provide visibility in normal weather conditions and
atmospheric conditions for a minimal distance of 300 feet. This measure
is to be considered under generally clement weather and atmospheric
conditions. FRA understands that during periods of rain, fog, snow and
other occurrences that are common in normal weather patterns, the
lighting capability of the illumination devices may temporarily be
unable to reach a full 300 feet. These temporary instances when full
illumination is not possible will not be considered a violation of this
regulation.

509(b) Work lights, if the machine is operated during the period between
one-half hour after sunset and one-half hour before sunrise or in dark
areas such as tunnels, unless equivalent lighting is otherwise provided;

509(c) An operative 360-degree intermittent warning light or beacon
mounted on the roof of the machine. New roadway maintenance machines
that are not equipped with fixed roofs and have a light weight less than
17,500 pounds are exempt from this requirement;

**Guidance**. The light or beacon required by the paragraph must emit
light in a 360 degree field, but does not have to rotate to do so.

509(d) A brake light activated by the application of the machine braking
system, and designed to be visible for a distance of 300 feet under
normal weather and atmospheric conditions; and

**Guidance**. New on-track maintenance machines must be equipped with
brake lights. The new machines that operate in both directions need to
have brake lights on both ends of the machines, even if a machine is
wired so that the brake lights apply on both ends at the same time.

509(e) Rearward viewing devices, such as rearview mirrors.

**Guidance**. New RMMs must be equipped with operative rearward viewing
devices or a functional equivalent to enable machine operators to see
other machines, personnel, and obstructions. Vision must be established
in both directions. Video cameras and monitors may be used to comply
with this section.

### § 214.511 Required audible warning devices for new on-track roadway maintenance machines

Each new on-track roadway maintenance machine shall be equipped with:

511(a) A horn or other audible warning device that produces a sound loud
enough to be heard by roadway workers and other machine operators within
the immediate work area. The triggering mechanism for the device shall
be clearly identifiable and within easy reach of the machine operator;
and

511(b) An automatic change-of-direction alarm which provides an audible
signal that is at least three seconds long and is distinguishable from
the surrounding noise. Change of direction alarms may be interrupted by
the machine operator when operating the machine in the work mode if the
function of the machine would result in a constant, or almost constant,
sounding of the device. In any action brought by FRA to enforce the
change-of-direction alarm requirement, the employer shall have the
burden of proving that use of the change-of-direction alarm in a
particular work function would cause a constant, or almost constant,
sounding of the device.

**Guidance**. The regulation does not include a decibel standard in
regard to audible warning devices under Section 511 for new on-track
roadway maintenance machines. However, a horn or warning system must be
loud enough to be heard by roadway workers and other machine operators
within the immediate work area.

### § 214.513 Retrofitting of existing on-track roadway maintenance machines; general

513(a) Each existing on-track roadway maintenance machine shall have a
safe and secure position with handholds, handrails, or a secure seat or
bench position for each roadway worker transported on the machine. Each
position shall be protected from moving parts of the machine.

**Guidance**. Paragraph (a) was effective September 26, 2003. The intent
is to provide handholds, handrails, or secure seating and to protect
riders from the moving parts of roadway maintenance machines.

Existing machines, as identified in this section, means a roadway
maintenance machine [in existence]{.underline} or [ordered on or before
December 26, 2003]{.underline}, and completed on or before September 27,
2004.

513(b) By March 28, 2005, each existing on-track roadway maintenance
machine shall be equipped with a permanent or portable horn or other
audible warning device that produces a sound loud enough to be heard by
roadway workers and other machine operators within the immediate work
area. The triggering mechanism for the device shall be clearly
identifiable and within easy reach of the machine operator.

513(c) By March 28, 2005, each existing on-track roadway maintenance
machine shall be equipped with a permanent illumination device or a
portable light that is securely placed and not hand-held. The
illumination device or portable light shall be capable of illuminating
obstructions on the track ahead for a distance of 300 feet under normal
weather and atmospheric conditions when the machine is operated during
the period between one-half hour after sunset and one-half hour before
sunrise or in dark areas such as tunnels.

**Guidance**. Paragraphs (b) & (c) have an effective date of March 28,
2005. Illumination devices noted in Paragraph (c) must be visible for a
distance of 300 feet under [normal atmospheric conditions]{.underline}.

### § 214.515 Overhead covers for existing on-track roadway maintenance machines

515(a) For those existing on-track roadway maintenance machines either
currently or previously equipped with overhead covers for the operator's
position, defective covers shall be repaired, and missing covers shall
be reinstalled, by March 28, 2005, and thereafter maintained in
accordance with the provisions of § 214.531.

515(b) For those existing on-track roadway maintenance machines that are
not already equipped with overhead covers for the operator's position,
the employer shall evaluate the feasibility of providing an overhead
cover on such a machine if requested in writing by the operator assigned
to operate the machine or by the operator's designated representative.
The employer shall provide the operator a written response to each
request within 60 days. When the employer finds the addition of an
overhead cover is not feasible, the response shall include an
explanation of the reasoning used by the employer to reach that
conclusion.

**Guidance**. In Paragraph (b), the employer must respond to a request
to provide an overhead cover for machines that have not had a previous
existing overhead cover in writing within 60 days. This section became
effective September 26, 2003. This is not a retrofitting item and the
employer is not required to supply an overhead cover if the employer can
demonstrate that it is not feasible to install a cover. There may be no
room on the machine to install an effective cover or canopy to protect
the operator's position, or the machine may not provide a safe place on
which a cover may be mounted or attached.

515(c) For purposes of this section, overhead covers shall provide the
operator's position with cover from normal rainfall and midday sun.

### § 214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after January 1, 1991

In addition to meeting the requirements of § 214.513, after March 28,
2005 each existing on-track roadway maintenance machine manufactured on
or after January 1, 1991, shall have the following:

517(a) A change-of-direction alarm or rearview mirror or other rearward
viewing device, if either device is feasible, given the machine's
design, and if either device adds operational safety value, given the
machine's function. In any action brought by FRA to enforce this
requirement, the employer shall have the burden of proving that neither
device is feasible or adds operational safety value, or both, given the
machine's design or work function.

**Guidance**. An employer does not have to retrofit an existing on-track
roadway maintenance machine with either a change-of-direction alarm or a
rearward viewing device if a machine's design or function is such that a
retrofit of this nature would provide no safety value. The employer who
reaches the conclusion that there is no safety value in adding a change
of direction alarm or rearward-viewing device will be required to
demonstrate, if asked by FRA, why their conclusion is correct.

517(b) An operative heater, when the machine is operated at an ambient
temperature less than 50 degrees Fahrenheit and is equipped with, or has
been equipped with, a heater installed by the manufacturer or the
railroad.

**Guidance**. This section specifies requirements for existing on-track
roadway maintenance machines manufactured on or after January 1, 1991.
Consequently, on-track roadway maintenance machines manufactured prior
to 1991 are exempt from the requirements contained in this section.

It should be emphasized that heaters previously installed by employees
do not have to be re-installed; only heaters installed by either the
manufacturer or the railroad apply to this paragraph.

517(c) The light weight of the machine stenciled or otherwise clearly
displayed on the machine, if the light weight is known.

**Guidance**. This paragraph requires the light weight of the machine to
be stenciled or otherwise noted if known; if the information is unknown,
that would not be a defect.

It should be remembered that on-track roadway maintenance machines
manufactured prior to 1991 are exempt from this section and all
retrofitting requirements of this section.

The light weight of a machine is calculated when the machine is not
loaded with passengers, fuel, or extraneous equipment not part of the
machine itself.

517(d) Reflective material, or a reflective device, or operable brake
lights.

517(e) Safety glass when its glass is normally replaced, except that
replacement glass that is specifically intended for on-track roadway
maintenance machines and is in the employer\'s inventory as of September
26, 2003, may be utilized until exhausted.

**Guidance**. Inspectors should be aware that not all roadway
maintenance machines have the structural strength to accommodate safety
glass as it is defined under [*49 CFR Part
223*](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=36419934603f85c0a2559a87cd464e6d&rgn=div5&view=text&node=49:4.1.1.1.18&idno=49).
Thus, equivalent safety glass may be used.

517(f) A turntable restraint device, on machines equipped with a
turntable, to prevent undesired lowering or a warning light indicating
that the turntable is not in the normal travel position.

**Guidance**. It must be emphasized that this paragraph only applies to
a machine equipped with a turntable. If a machine is not equipped with a
turntable, an employer cannot be cited for non-compliance with this
paragraph.

### § 214.518 Safe and secure positions for riders

On or after March 1, 2004, a roadway worker, other than the machine
operator(s), is prohibited from riding on any on-track roadway
maintenance machine unless a safe and secure position for each roadway
worker on the machine is clearly identified by stenciling, marking, or
other written notice.

**Guidance**. Any employer who allows its roadway workers to ride on a
roadway maintenance machine that has neither stenciling, marking, or
other written notice identifying safe and secure riding positions will
be deemed in violation of the regulation.

Decals should be considered as marking. If riders are not present on
roadway maintenance machines, a defect cannot be written for allowing
roadway workers to ride on an RMM that does not properly identify a safe
and secure position, for non-operators of the equipment. (Inspectors
should inquire if roadway workers have been allowed to ride on a machine
they suspect of transporting roadway workers; if there is no stenciling,
marking, or other written notice, it could be that the employer does not
permit non-operators to ride that particular machine. If confirmed that
riding has occurred, advise the operator and railroad official that
until the machine is properly stenciled, marked, or has written
documentation, it may not be used to transport roadway workers.)

### § 214.519 Floors, decks, stairs, and ladders for on-track roadway maintenance machines

Floors, decks, stairs, and ladders of on-track roadway maintenance
machines shall be of appropriate design and maintained to provide secure
access and footing, and shall be free of oil, grease, or any obstruction
which creates a slipping, falling, or fire hazard.

**Guidance**. This section does not describe what a floor or deck must
have to be of appropriate design. Diamond plate, rubber tile, or other
slip-resistant material designs are desirable but not required.

The Preamble to the Final Rule states that accumulations of oil, grease,
or other obstructions that could create a slipping, falling, or fire
hazard must be "properly removed", but does not define the term or
provide an example of prompt removal.

Inspectors must exercise discretion when submitting this section for
violation action. Photographs depicting this condition are essential.
Inspectors should determine if the RMM operator advised the employer's
designated official and the roadway worker in charge (RWIC) during the
last job briefing of any type of hazard covered in this section. This
may indicate a new defect such as a leaking hose or a lack of concern
for an ongoing problem. The amount of accumulation may be a definitive
factor in determining the length of time the defect has been in
existence.

### § 214.521 Flagging equipment for on-track roadway maintenance machines and hi-rail vehicles

Each on-track roadway maintenance machine and hi-rail vehicle shall have
on board a flagging kit that complies with the operating rules of the
railroad if:

521(a) The equipment is operated over trackage subject to a railroad
operating rule requiring flagging; and

(b)(1) The equipment is not part of a roadway work group; or

\(2\) The equipment is the lead or trailing piece of equipment in a
roadway work group operating under the same occupancy authority.

**Guidance**. This section states that flagging kits required under the
regulation are for operating rule purposes only and do not relate to any
requirements under the Roadway Worker Protection regulations in Subpart
C. If the railroad does not have an operating rule requiring flagging
kits, this section is not applicable and cannot be written as a defect
or violation.

Inspectors should review carefully the operating rules of the railroad
to determine whether or not flagging kits are required in the carrier's
operating rules. Also, FRA inspectors should remember that contractors
are governed by the operating rules of the railroad they are working on.

If flagging kits are required by the railroad's operating rules, then
the kits must be on each roadway maintenance machine and hi-rail that is
operated alone (not part of a group) and on the trailing and lead
equipment in a roadway work group.

### § 214.523 Hi-rail vehicles

523(a) The hi-rail gear of all hi-rail vehicles shall be inspected for
safety at least annually and with no more than 14 months between
inspections. Tram, wheel wear, and gage shall be measured and, if
necessary, adjusted to allow the vehicle to be safely operated.

**Guidance**. Paragraph (a) requires the tram (alignment), wheel wear,
and gage to be checked and adjusted on an annual basis. All existing
hi-rail vehicle inspections are due within one year from the (September
26, 2003) effective date of the Final Rule.

Thereafter, inspection of existing hi-rail vehicles are due each year on
the anniversary date of its first inspection. However, employers are
allowed a "two month" window beyond the due date in which to perform the
inspection once it becomes due.

As "new" hi-rail vehicles enter service, the inspection is due within
one year of the date the vehicle entered service. Again, employers are
allowed a "two month" window beyond the due date to comply.

There is no specific requirement as to who may conduct an inspection of
the hi-rail vehicle safety-critical components, such as tram
(alignment), wheel wear, and gage measurements per the RMMS rule. The
employer will determine who is qualified to perform proper annual
inspections. The employer shall use the manufacturer's specifications
that will ensure the hi-rail can be operated in a safe manner. If there
are no criteria provided to measure the tram (alignment), wheel wear,
and gage of a hi-rail vehicle, then the inspection would not be in
compliance with this section.

523(b) Each employer shall keep records pertaining to compliance with
paragraph (a) of this section. Records may be kept on forms provided by
the employer or by electronic means. The employer shall retain the
record of each inspection until the next required inspection is
performed. The records shall be made available for inspection and
copying during normal business hours by representatives of FRA and
States participating under [Part
212](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d2ed40bbf6a212c7a06cfd17f0b0a215&rgn=div5&view=text&node=49:4.1.1.1.7&idno=49)
of this chapter. The records may be kept on the hi-rail vehicle or at a
location designated by the employer.

523(c) A new hi-rail vehicle shall be equipped with:

\(1\) An automatic change-of-direction alarm or backup alarm that
provides an audible signal at least three seconds long and
distinguishable from the surrounding noise; and

\(2\) An operable 360-degree intermittent warning light or beacon
mounted on the outside of the vehicle.

523(d)(1) The operator of a hi-rail vehicle shall check the vehicle for
compliance with this subpart, prior to using the vehicle at the start of
the operator's work shift.

**Guidance**. In Paragraph (d)(1), the regulation requires the operator
of a hi-rail vehicle to "check" the vehicle for compliance with this
subpart prior to using the vehicle at the start of the operator's work
shift.

The word "check" is used. It should be considered to mean to inspect or
test for satisfactory conditions; however, there is no required
checklist or inspection form required. The employer may maintain a
logbook or inspection record of the hi-rail inspections and/or defects
if they choose to do so.

If FRA finds a hi-rail vehicle operating with a non-complying condition
that has not been properly tagged or reported, FRA will presume that the
hi-rail has not received a proper inspection prior to operation of that
shift, unless the operator or employer can show that the defect
developed after the inspection was performed. If multiple employees use
the same equipment during the same work shift, it is expected that only
the first employee will inspect the equipment for that shift.

\(2\) A non-complying condition that cannot be repaired immediately
shall be tagged and dated in a manner prescribed by the employer and
reported to the designated official.

\(3\) Non-complying automatic change-of-direction alarms, backup alarms,
and 360-degree intermittent warning lights or beacons shall be repaired
or replaced as soon as practicable within seven calendar days.

### § 214.525 Towing with on-track roadway maintenance machines or hi-rail vehicles

525(a) When used to tow pushcars or other maintenance-of-way equipment,
each on-track roadway maintenance machine or hi-rail vehicle shall be
equipped with a towing bar or other coupling device that provides a safe
and secure attachment.

525(b) An on-track roadway maintenance machine or hi-rail vehicle shall
not be used to tow pushcars or other maintenance-of-way equipment if the
towing would cause the machine or hi-rail vehicle to exceed the
capabilities of its braking system. In determining the limit of the
braking system, the employer must consider the track grade (slope), as
well as the number and weight of pushcars or other equipment to be
towed.

**Guidance**. Paragraph (b) addresses the issue of exceeding the
capability of the braking system for an on-track roadway maintenance
machine or hi-rail vehicle.

If information is not available concerning the braking capacity of the
equipment, a "good-faith" challenge, as noted in 214.503 (a), should be
initiated by an employee. Inspectors should be prepared to enforce this
section if an employer does not follow the railroad's written procedures
for resolving the good-faith challenge.

Also, it may be helpful to determine if the instructions for the safe
operation of a roadway maintenance machine, noted in *[Subpart C 214.341
(b)](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=49&PART=214&SECTION=503&TYPE=TEXT),*
are understood by all concerned.

As used in §214.525(b), "maintenance-of-way equipment" or "equipment"
means another RMM or hi-rail vehicle.

### § 214.527 On-track roadway maintenance machines; inspection for compliance and schedule for repairs

527(a) The operator of an on-track roadway maintenance machine shall
check the machine components for compliance with this subpart, prior to
using the machine at the start of the operator's work shift.

**Guidance**. If FRA finds an on-track roadway maintenance machine
operating with a non-complying condition that has not been properly
tagged or reported, FRA will presume that the on-track roadway
maintenance machine has not received a proper inspection prior to
operation of that shift, unless the operator or employer can show that
the defect could have developed after the inspection was performed. If
multiple employees use the same equipment during the same work shift, it
is expected that only the first employee will inspect the equipment for
that shift.

527(b) Any non-complying condition that cannot be repaired immediately
shall be tagged and dated in a manner prescribed by the employer and
reported to the designated official.

**Guidance**. In Paragraph (b) any non-complying condition that cannot
be immediately repaired must be tagged and dated in a manner prescribed
by the employer and reported to the designated official. This does not
inhibit the employee's right to make a good-faith challenge.

The designated official is any person(s) designated by the employer to
receive notification of non-complying conditions on on-track roadway
maintenance machines and hi-rail vehicles as noted in 214.503 (c) (good
faith challenge).

It is permissible for the employer to use one tag to indicate that more
than one defect exists on a roadway maintenance machine or hi-rail. The
tag must be clearly visible and used only for the purpose of identifying
a non-complying condition. The tag may also contain the instructions to
look at the logbook for additional details concerning a non-complying
condition.

Maintaining a logbook alone does not comply with the regulation. The
defective condition must be tagged and reported. A logbook or other form
of documentation may be used by the employer in conjunction with
tagging.

527(c) The operation of an on-track roadway maintenance machine with a
non-complying condition shall be governed by the following requirements:

\(1\) An on-track roadway maintenance machine with headlights or work
lights that are not in compliance may be operated for a period not
exceeding seven calendar days and only during the period between
one-half hour before sunrise and one-half hour after sunset;

> **Guidance:** When on-track roadway maintenance machines are operated
> during the period between one-half hour after sunset and one-half hour
> before sunrise, or in dimly lit areas such as tunnels, they are
> required to be equipped with operating work lights unless equivalent
> lighting is otherwise provided, for example, by portable wayside
> lighting. See 214.509 (b).

\(2\) A portable horn may be substituted for a non-complying or missing
horn for a period not exceeding seven calendar days;

\(3\) A fire extinguisher readily available for use may temporarily
replace a missing, defective or discharged fire extinguisher on a new
on-track roadway maintenance machine for a period not exceeding seven
calendar days, pending the permanent replacement or repair of the
missing, defective or used fire extinguisher;

**Guidance**. Fire extinguisher, as addressed in this rule, applies only
to new equipment. See 214.507 (a)(7) for detailed information regarding
the type of fire extinguisher required. Fire extinguishers must be
accessible to the operator from the operator's workstation; however, the
paragraph does not require the fire extinguisher to be in the cab of the
on-track roadway maintenance machine. Temporary fire extinguishers must
be readily accessible, but do not have to be mounted on the equipment.

\(4\) Non-complying automatic change-of-direction alarms, backup alarms,
and 360-degree intermittent warning lights or beacons shall be repaired
or replaced as soon as practicable within seven calendar days; and

\(5\) A structurally defective or missing operator's seat shall be
replaced or repaired within 24 hours or by the start of the machine's
next tour of duty, whichever is later. The machine may be operated for
the remainder of the operator's tour of duty if the defective or missing
operator's seat does not prevent its safe operation.

### § 214.529 In-service failure of primary braking system

529(a) In the event of a total in-service failure of its primary braking
system, an on-track roadway maintenance machine may be operated for the
remainder of its tour of duty with the use of a secondary braking system
or by coupling to another machine, if such operations may be done
safely.

529(b) If the total in-service failure of an on-track roadway
maintenance machine's primary braking system occurs where other
equipment is not available for coupling, the machine may, if it is safe
to do so, travel to a clearance or repair point where it shall be placed
out of service until repaired.

**Guidance**. Both paragraphs need to be considered in conjunction with
214.503 (a). When deeming it is safe to move an on-track maintenance
machine after a total in-service failure of the primary braking system,
if there is a question regarding safety, a "good-faith" challenge would
be appropriate.

If there is no doubt regarding safety, then it is permissible to move
the equipment, which has had a total in-service failure of its primary
braking system.

### § 214.531 Schedule of repairs; general

Except as provided in §§ 214.527(c)(5), 214.529, and 214.533, an
on-track roadway maintenance machine or hi-rail vehicle that does not
meet all the requirements of this subpart shall be brought into
compliance as soon as practicable within seven calendar days. If repairs
are not made within seven calendar days, the on-track roadway
maintenance machine or hi-rail vehicle shall be placed out of on-track
service.

**Guidance**. This section applies to both new and existing hi-rail
vehicles.

### § 214.533 Schedule of repairs subject to availability of parts

533(a) The employer shall order a part necessary to repair a
non-complying condition on an on-track roadway maintenance machine or a
hi-rail vehicle by the end of the next business day following the report
of the defect.

533(b) When the employer cannot repair a non-complying condition as
required by § 214.531 because of the temporary unavailability of a
necessary part, the employer shall repair the on-track roadway
maintenance machine or hi-rail vehicle within seven calendar days after
receiving the necessary part. The employer may continue to use the
on-track roadway maintenance machine or hi-rail vehicle with a
non-complying condition until receiving the necessary part(s) for
repair, subject to the requirements of § 214.503. However, if a
non-complying condition is not repaired within 30 days following the
report of the defect, the employer shall remove the on-track roadway
maintenance machine or hi-rail vehicle from on-track service until it is
brought into compliance with this subpart.

533(c) If the employer fails to order a part necessary to repair the
reported non-complying condition, or if it fails to install an available
part within the required seven calendar days, the on-track roadway
maintenance machine or hi-rail vehicle shall be removed from on-track
service until brought into compliance with this subpart.

533(d) Each employer shall maintain records pertaining to compliance
with this section. Records may be kept on forms provided by the employer
or by electronic means. The employer shall retain each record for at
least one year, and the records shall be made available for inspection
and copying during normal business hours by representatives of FRA and
States participating under part 212 of this chapter. The records may be
kept on the on-track roadway maintenance machine or hi-rail vehicle or
at a location designated by the employer.

**Guidance.**

  -----------------------------------------------------------------------
  ![](media/image1.wmf)

  -----------------------------------------------------------------------

# Appendix

## Appendix A - Defect Code/Penalty Schedule

+----------------------------------------------------+-----+----+-----+
| Defect Description (sorted by paragraph)           | C   | V  | W   |
|                                                    | ode | io | ill |
|                                                    |     | la | ful |
|                                                    |     | ti | Vio |
|                                                    |     | on | lat |
|                                                    |     |    | ion |
+====================================================+=====+====+=====+
| 214.503 Good-faith challenges; procedures for      |     |    |     |
| notification and resolution                        |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Failure of employee to notify employer     | 503 |    | 4,  |
| > that the machine or vehicle does not comply with | .01 |    | 000 |
| > FRA regulations or has a condition inhibiting    |     |    |     |
| > safe operation                                   |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Roadway worker required to operate roadway | 503 | 5  | 10, |
| > maintenance machine during an unresolved good    | .02 | ,0 | 000 |
| > faith challenge                                  |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) Employer failed to have or follow written  | 503 | 5  | 10, |
| > procedures to resolve good-faith challenges of   | .03 | ,0 | 000 |
| > roadway maintenance machines or hi-rail vehicles |     | 00 |     |
| > that do not comply with FRA regulations or that  |     |    |     |
| > are not safe to operate                          |     |    |     |
+----------------------------------------------------+-----+----+-----+
| 214.505 Required environmental control and         |     |    |     |
| protection systems for new on-track roadway        |     |    |     |
| maintenance machines with enclosed cabs            |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (1)-(6) Failure to equip new on-track      | 505 | 5  | 10, |
| > roadway maintenance machines or functional       | .01 | ,0 | 000 |
| > equivalents with enclosed cabs with operative    |     | 00 |     |
| > required systems                                 |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Failure of new or "designated" existing    | 505 | 5  | 10, |
| > on-track maintenance machines to protect         | .02 | ,0 | 000 |
| > employees from exposure to air contaminants in   |     | 00 |     |
| > accordance with 29 CFR 1910.1000                 |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) Failure of employer to maintain required   | 505 | 2  | 4,  |
| > list of machines or make list available for      | .03 | ,0 | 000 |
| > copying by FRA                                   |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(d\) Removal of "designated" machine from list  | 505 | 2  | 4,  |
| > before retired or sold                           | .04 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(e\) Personal protective respiratory equipment  | 505 | 5  | 10, |
| > not provided by employer for each employee in    | .05 | ,0 | 000 |
| > the cab of new or "designated" existing on-track |     | 00 |     |
| > maintenance machines with failed ventilation     |     |    |     |
| > system                                           |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(f\) Provided personal respiratory protective   | 505 | 5  | 10, |
| > equipment fails to meet required standards       | .06 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(g\) Other new on-track maintenance machines    | 505 | 5  | 10, |
| > with enclosed cabs not equipped with operable    | .07 | ,0 | 000 |
| > heating or ventilation systems                   |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(h\) Non-enclosed station not equipped with     | 505 | 5  | 10, |
| > covering, where feasible                         | .08 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.507 Required safety equipment for new on-track |     |    |     |
| roadway maintenance machines                       |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (1) Failure to equip new machine with a    | 507 | 5  | 10, |
| > seat for each operator                           | .01 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (2) Failure to equip new machine with      | 507 | 5  | 10, |
| > handholds, handrails, or a secure seat & cab     | .02 | ,0 | 000 |
| > protection from moving machine parts             |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (3) Failure to equip new machine with      | 507 | 5  | 10, |
| > positive securement for turntable                | .03 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (4) Failure to equip new machine with      | 507 | 5  | 10, |
| > windshield, power windshield wipers or suitable  | .04 | ,0 | 000 |
| > alternative providing equivalent level of vision |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (5) Failure to equip new machine with      | 507 | 5  | 10, |
| > required effective braking system                | .05 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (6) Failure to equip new machine with      | 507 | 2  | 5,  |
| > readily accessible first aid kit as required     | .06 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) (7) Failure to equip new machine with      | 507 | 2  | 5,  |
| > operative and charged fire extinguisher          | .07 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Position for operator to stand not         | 507 | 5  | 10, |
| > equipped with handholds and handrails to provide | .08 | ,0 | 000 |
| > safe and secure position                         |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) New machine weighing more than 32,500      | 507 | 2  | 5,  |
| > pounds, operating more than 20mph, not equipped  | .09 | ,5 | 000 |
| > with accurate speed indicator                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(d\) New machine without conspicuous display of | 507 | 2  | 5,  |
| > as-built light weight                            | .10 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.509 Required visual illumination and           |     |    |     |
| reflective devices for new on-track roadway        |     |    |     |
| maintenance machines                               |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Illumination device missing, inoperable,   | 509 | 2  | 5,  |
| > or fails to illuminate for 300 feet              | .01 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Work lights missing or inoperable during   | 509 | 2  | 5,  |
| > required times or in dark areas                  | .02 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) 360-degree intermittent warning light or   | 509 | 2  | 5,  |
| > beacon missing, improperly mounted, or           | .03 | ,5 | 000 |
| > inoperable                                       |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(d\) Brake light fails to activate by braking   | 509 | 2  | 5,  |
| > system, is missing, or fails to illuminate for   | .04 | ,5 | 000 |
| > 300 feet                                         |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(e\) Visual reflective device that aids in      | 509 | 2  | 5,  |
| > rearward viewing, such as rearview mirrors,      | .05 | ,5 | 000 |
| > missing or broken                                |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.511 Required audible warning devices for new   |     |    |     |
| on-track roadway maintenance machines              |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Horn or audible device is missing or fails | 511 | 5  | 10, |
| > to produce enough sound within the work area to  | .01 | ,0 | 000 |
| > provide warning or has a triggering mechanism    |     | 00 |     |
| > not clearly identifiable and within easy reach   |     |    |     |
| > of the operator                                  |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Automatic change-of-direction alarm is     | 511 | 5  | 10, |
| > missing or fails to provide distinguishable,     | .02 | ,0 | 000 |
| > 3-second audible signal                          |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.513 Retrofitting of existing on-track roadway  |     |    |     |
| maintenance machines; general                      |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Safe and secure position and protection    | 513 | 5  | 10, |
| > from moving parts inside cab not provided to     | .01 | ,0 | 000 |
| > roadway worker riding machine                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Machine not retrofitted with horn or       | 513 | 2  | 5,  |
| > audible warning device, or device is inoperable  | .02 | ,5 | 000 |
| > or has triggering device that is not clearly     |     | 00 |     |
| > identifiable and within easy reach of the        |     |    |     |
| > operator                                         |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) Illumination device or portable light      | 513 | 2  | 5,  |
| > missing, inoperable, or improperly secured, or   | .03 | ,5 | 000 |
| > fails to illuminate for 300 feet                 |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.515 Overhead covers for existing on-track      |     |    |     |
| roadway maintenance machines                       |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Failure to repair overhead cover within    | 515 | 5  | 10, |
| > 18-month allotted time or maintain cover         | .01 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Employer failed to provide written         | 515 | 2  | 4,  |
| > response with explanation to the operator        | .02 | ,0 | 000 |
| > requesting cover within 60 days of request       |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.517 Retrofitting of existing on-track roadway  |     |    |     |
| maintenance machines manufactured on or after      |     |    |     |
| January 1, 1991                                    |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Failure to retrofit with                   | 517 | 5  | 10, |
| > change-of-direction alarm, rearview mirror, or   | .01 | ,0 | 000 |
| > other rearward viewing device                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Failure to retrofit with an operative      | 517 | 5  | 10, |
| > heater                                           | .02 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) Failure to clearly display known light     | 517 | 2  | 5,  |
| > weight of machine                                | .03 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(d\) Failure to retrofit with reflective        | 517 | 5  | 10, |
| > material, reflective device, or operable brake   | .04 | ,0 | 000 |
| > lights                                           |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(e\) Failure to install safety glass or replace | 517 | 5  | 10, |
| > when defective                                   | .05 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(f\) Failure to retrofit with a turntable       | 517 | 5  | 10, |
| > restraint device or warning light                | .06 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.518 Safe and secure position for riders        |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > A safe and secure position for each roadway      | 518 | 5  | 10, |
| > worker riding on the machine, other than the     | .01 | ,0 | 000 |
| > machine operator(s), is not clearly identified   |     | 00 |     |
| > by stenciling, marking, or other written notice  |     |    |     |
+----------------------------------------------------+-----+----+-----+
| 214.519 Floors, decks, stairs, and ladders for     |     |    |     |
| on-track roadway maintenance machines              |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > Floors, decks, stairs, and ladders improperly    | 519 | 5  | 10, |
| > designed or not maintained to provide secure     | .01 | ,0 | 000 |
| > access and footing                               |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.521 Flagging equipment for on-track roadway    |     |    |     |
| maintenance machines and hi-rail vehicles          |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > Flagging kit not provided for required machine   | 521 | 2  | 5,  |
| > or hi-rail that is not part of a roadway work    | .01 | ,5 | 000 |
| > group                                            |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > Flagging kit does not comply with operating      | 521 | 2  | 5,  |
| > rules of the railroad that owns the trackage on  | .02 | ,5 | 000 |
| > which the equipment is being operated            |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > Failure to provide flagging kit to lead or       | 521 | 2  | 5,  |
| > trailing machines in a roadway work group        | .03 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.523 Hi-rail vehicles                           |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Failure to annually inspect hi-rail gear   | 523 | 5  | 10, |
|                                                    | .01 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Failure to keep hi-rail inspection record  | 523 | 2  | 4,  |
| > until the next annual inspection is performed or | .02 | ,0 | 000 |
| > failure to make the record available to FRA for  |     | 00 |     |
| > inspection and copying                           |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(1) New hi-rail change-of-direction or backup | 523 | 2  | 5,  |
| > alarm missing or fails to provide                | .03 | ,5 | 000 |
| > distinguishable 3-second audible signal          |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(2) New hi-rail 360-degree intermittent       | 523 | 2  | 5,  |
| > warning light or beacon missing, improperly      | .04 | ,5 | 000 |
| > mounted, or inoperable                           |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (d)(1) Failure of operator to check hi-rail for  | 523 | 2  | 4,  |
| > compliance with this subpart prior to using      | .05 | ,0 | 000 |
| > vehicle at start of work shift                   |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (d)(2) Failure of operator to tag, date, or      | 523 | 2  | 4,  |
| > report non-complying hi-rail condition in        | .06 | ,0 | 000 |
| > prescribed manner                                |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (d)(3) Non-complying alarms and warning          | 523 | 2  | 5,  |
| > lights/beacons not repaired or replaced in 7     | .07 | ,5 | 000 |
| > calendar days                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.525 Towing with on-track roadway maintenance   |     |    |     |
| machines or hi-rail vehicles                       |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Towing when tow bar or other coupling      | 525 | 5  | 10, |
| > device is missing or does not provide safe and   | .01 | ,0 | 000 |
| > secure attachment                                |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Machine or hi-rail vehicle used for towing | 525 | 5  | 10, |
| > that exceeded braking system capabilities        | .02 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.527 On-track roadway maintenance machines;     |     |    |     |
| inspection for compliance and schedule for repairs |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Failure of operator to check machine for   | 527 | 2  | 4,  |
| > compliance with this subpart prior to using it   | .01 | ,0 | 000 |
| > at start of work shift                           |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Failure of operator to tag, date, or       | 527 | 2  | 4,  |
| > report non-complying machine condition in        | .02 | ,0 | 000 |
| > prescribed manner                                |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(1) Seven-calendar-day operating period       | 527 | 2  | 5,  |
| > exceeded for defective headlights or work        | .03 | ,5 | 000 |
| > lights, or operated during prohibited times      |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(2) Seven-calendar-day operating period       | 527 | 2  | 5,  |
| > exceeded for non-complying or missing horn       | .04 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(3) Temporary replacement fire extinguisher   | 527 | 2  | 5,  |
| > not readily available for use or failure to      | .05 | ,5 | 000 |
| > permanently replace missing, defective, or       |     | 00 |     |
| > discharged fire extinguisher within seven        |     |    |     |
| > calendar days                                    |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(4) Seven-calendar-day period exceeded for    | 527 | 2  | 5,  |
| > non-complying automatic change-of-direction      | .06 | ,5 | 000 |
| > alarms, backup alarms, or 360-degree             |     | 00 |     |
| > intermittent warning lights or beacons           |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > (c)(5) Time period exceeded for defective or     | 527 | 5  | 10, |
| > missing operator\'s seat                         | .07 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.529 In-service failure of primary braking      |     |    |     |
| system                                             |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Operating machine after failure of primary | 529 | 5  | 10, |
| > braking system for longer period than permitted, | .01 | ,0 | 000 |
| > without using secondary braking system or        |     | 00 |     |
| > coupling to another machine, or when unsafe to   |     |    |     |
| > do so                                            |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Moving machine with failed braking system  | 529 | 5  | 10, |
| > to clearance or repair point when unsafe to do   | .02 | ,0 | 000 |
| > so, or moved machine safely, but failed to       |     | 00 |     |
| > remove it from service at clearance or repair    |     |    |     |
| > point                                            |     |    |     |
+----------------------------------------------------+-----+----+-----+
| 214.531 Schedule of repairs; general               |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > Failure to effect machine or hi-rail repairs     | 531 | 5  | 10, |
| > within seven calendar days                       | .01 | ,0 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > Failure to remove machine or hi-rail from        | 531 | 5  | 10, |
| > service after failure to repair within seven     | .02 | ,0 | 000 |
| > calendar days                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| 214.533 Schedule of repair, subject to part        |     |    |     |
| availability                                       |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(a\) Failure of employer to order necessary     | 533 | 2  | 5,  |
| > part by the end of the next business day         | .01 | ,5 | 000 |
|                                                    |     | 00 |     |
+----------------------------------------------------+-----+----+-----+
| > \(b\) Failure of employer to effect repairs      | 533 | 2  | 5,  |
| > within seven days of receiving part or failure   | .02 | ,5 | 000 |
| > of employer to remove from service within 30     |     | 00 |     |
| > days any machine or hi-rail with a non-complying |     |    |     |
| > condition                                        |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(c\) Failure to immediately remove a            | 533 | 2  | 5,  |
| > non-compliant machine or hi-rail from service    | .03 | ,5 | 000 |
| > after employer failed to order necessary part or |     | 00 |     |
| > install available part within seven calendar     |     |    |     |
| > days                                             |     |    |     |
+----------------------------------------------------+-----+----+-----+
| > \(d\) Failure to maintain record for one year or | 533 | 2  | 5,  |
| > failure to make record available to FRA for      | .04 | ,5 | 000 |
| > inspection and copying                           |     | 00 |     |
+----------------------------------------------------+-----+----+-----+

## Appendix B, Quick Reference Table

  ----------------------------------------------------------------------------------------------------
  Requirement           On-track RMMS -                                      Hi-rail -    
                        non-highway and                                      highway      
                        light weight                                         vehicles     
                        greater than                                         meeting      
                        7,500 lbs. and                                       Federal      
                        not used                                             Motor        
                        exclusively for                                      Vehicle      
                        inspection of                                        Safety       
                        track                                                Standards    
  --------------------- ----------------- ------------------ --------------- ------------ ------------
                        Pre 1/1/91        Existing - post    New - ordered   Existing     New -
                                          1/1/91             after 12/26/03               ordered
                                                             and completed                after
                                                             after 9/27/04                12/26/03 or
                                                                                          completed
                                                                                          after
                                                                                          9/27/04

  Beacon (360-degree    Not Required\*    Not Required\*     509 (c) (RMM    \[Motor      523 (c)(2)
  warning light)                                             without fixed   Vehicle\]    
                                                             roof and less                
                                                             than 17,500                  
                                                             lbs. exempt)                 

  Brake light (or       Not Required\*    517 (d) -          509 (d) - brake \[Motor      \[Motor
  reflective material,                    retrofit - brake   light           Vehicle\]    Vehicle\]
  or reflective device)                   light or                                        
                                          reflective                                      
                                          material, or                                    
                                          reflective device                               

  Braking system        Not Required\*    Not Required\*     507 (a)(5)      \[Motor      \[Motor
                                                                             Vehicle\]    Vehicle\]

  Change-of-direction   Not Required\*    517 (a) - retrofit 511 (b)         Not          523 (c)(1)
  alarm (or backup                                                           Required\*   
  alarm for new                                                                           
  hi-rails)                                                                               

  Daily inspection      527 (a)           527 (a)            527 (a)         523 (d)(1)   523 (d)(1)

  Environmental control 505 (d)           505 (d)            505 (a)-(b)     Not          Not
  and protection        \[designated      \[designated       regulators,     Required\*   Required\*
                        only - otherwise  only - otherwise   tampers, etc.                
                        OSHA\]            OSHA\]                                          

  Environmental         505 (e) only when 505 (e) only when  505 (e) only    \[Motor      \[Motor
  personal protective   environmental     environmental      when            Vehicle\]    Vehicle\]
  respiratory equipment control is not    control is not     environmental                
                        working on        working on         control is not               
                        designated        designated         working                      
                        equipment         equipment          (a)(1)-(5) type              
                                                             equipment                    

  Fire extinguisher     Not Required\*    Not Required\*     507 (a)(7)      \[Motor      \[Motor
                                                                             Vehicle\]    Vehicle\]

  First aid kit         Not Required\*    Not Required\*     507 (a)(6)      \[Motor      \[Motor
                                                                             Vehicle\]    Vehicle\]

  Flagging equipment    521 (lone, or     521 (lone, or lead 521 (lone, or   521 (lone,   521 (lone,
                        lead and trailing and trailing piece lead and        or lead and  or lead and
                        piece in roadway  in roadway group   trailing piece  trailing     trailing
                        group if RR rules if RR rules        in roadway      piece in     piece in
                        require flagging  require flagging   group if RR     roadway      roadway
                        equipment)        equipment)         rules require   group if RR  group if RR
                                                             flagging        rules        rules
                                                             equipment)      require      require
                                                                             flagging     flagging
                                                                             equipment)   equipment)

  Headlight             513 (c)           513 (c)            509 (a)         \[Motor      \[Motor
                                                                             Vehicle\]    Vehicle\]

  Heating and           Not Required\*    517 (b) - retrofit 505 (g) for RMM \[Motor      \[Motor
  ventilation                             (required if       other than 505  Vehicle\]    Vehicle\]
                                          operated at temp.  (a)(1)-(5),                  
                                          less than 50 deg.  regulators,                  
                                          and equipped or    etc. with                    
                                          has been equipped) enclosed cabs                

  Hi-rail gear          Not Applicable    Not Applicable     Not Applicable  523 (a)      523 (a)
  inspection                                                                 Annually     Annually

  Horn                  513 (b) permanent 513 (b) permanent  511 (a)         \[Motor      \[Motor
                        or portable       or portable        permanent       Vehicle\]    Vehicle\]

  Light weight display  Not Required\*    517 (c) - retrofit 507 (d)         \[Motor      \[Motor
                                                                             Vehicle\]    Vehicle\]

  Operator seat         527 (c)(5)        527 (c)(5)         507 (a)(1)      \[Motor      \[Motor
                                                             except as       Vehicle\]    Vehicle\]
                                                             required under               
                                                             (b); operator                
                                                             standing                     

  Overhead cover for    515 (a) -         515 (a) -          515 applies if  \[Motor      \[Motor
  operator              missing/repair;   missing/repair;    no cab (i.e.,   Vehicle\]    Vehicle\]
                        (b) feasibility   (b) feasibility    RMM not                      
                                                             requiring                    
                                                             environmental                
                                                             cab)                         

  Overhead for          Not Required\*    Not Required\*     505 (h) where   \[Motor      \[Motor
  non-enclosed stations                                      feasible        Vehicle\]    Vehicle\]
  outside main cab                                                                        

  Record of defective   533(d)            533(d)             533(d)          533(d)       533(d)
  conditions                                                                              

  Record of hi-rail     Not Applicable    Not Applicable     Not Applicable  523(b)       523(b)
  inspection                                                                              

  Rearward viewing      Not Required\*    Not Required\*     509 (e)         \[Motor      \[Motor
  devices                                                                    Vehicle\]    Vehicle\]

  Safe and secure       513 (a) -         513 (a) - retrofit 507 (a)(2)      \[Motor      \[Motor
  position with seat    retrofit                                             Vehicle\]    Vehicle\]
  for workers                                                                             
  transported on                                                                          
  machine                                                                                 

  Safe and secure       518               518                518             \[Motor      \[Motor
  position for riders -                                                      Vehicle\]    Vehicle\]
  identification by                                                                       
  stenciling or other                                                                     
  written notice (if                                                                      
  used)                                                                                   

  Safety glass & wipers Not Required\*    517 (e) -          507 (a)(4)      \[Motor      \[Motor
                                          retrofit/replace                   Vehicle\]    Vehicle\]

  Secure footing for    519               519                519             \[Motor      \[Motor
  floors, decks,                                                             Vehicle\]    Vehicle\]
  stairs, and ladders                                                                     

  Speed indicator       Not Required\*    Not Required\*     507 (c) - more  \[Motor      \[Motor
                                                             than 32,500 lbs Vehicle\]    Vehicle\]
                                                             and speed                    
                                                             greater than 20              
                                                             mph                          

  Tag defective item(s) 527(b)            527(b)             527(b)          523(d)(2)    523(d)(2)

  Towing                525               525                525             525          525

  Turntable securement  Not Required\*    517 (f) -          507 (a)(3) --   \[Motor      \[Motor
                                          retrofit; lock or  lock            Vehicle\]    Vehicle\]
                                          warning light                                   

  Work lights           Not Required\*    Not Required\*     509 (b)         \[Motor      \[Motor
                                                                             Vehicle\]    Vehicle\]

  \* NOTE on "not                                                                         
  required": If an                                                                        
  existing on-track RMM                                                                   
  is equipped with a                                                                      
  device only required                                                                    
  on new equipment, the                                                                   
  device should be in                                                                     
  proper working                                                                          
  condition. If                                                                           
  Inspectors encounter                                                                    
  a broken or                                                                             
  inoperable Note                                                                         
  required" device,                                                                       
  they should write a                                                                     
  comment to the                                                                          
  railroad describing                                                                     
  the defective                                                                           
  condition and                                                                           
  indicating that a                                                                       
  machine with "a                                                                         
  condition that                                                                          
  inhibits its safe                                                                       
  operation" is subject                                                                   
  to a good faith                                                                         
  challenge, especially                                                                   
  where roadway workers                                                                   
  working on or near                                                                      
  the machine may be                                                                      
  relying in part on                                                                      
  such a device to                                                                        
  alert them to a                                                                         
  machine's presence or                                                                   
  proximity. FRA                                                                          
  expects that any such                                                                   
  inoperable device                                                                       
  shall be discussed in                                                                   
  the job briefing.                                                                       
  ----------------------------------------------------------------------------------------------------

\###