§ 246.113 Prior safety conduct with other railroads. ( a ) After FRA has approved a railroad's signal employee certification program, the railroad shall determine, prior to issuing any person a signal employee certificate, that the certification candidate meets the eligibility requirements of this section.
( b ) If the certification candidate has not been employed or certified by any other railroad in the previous five years, they do not have to submit a request in accordance with paragraph (c) of this section, but they must notify the railroad of this fact in accordance with procedures established by the railroad in its certification program.
( c ) Except as provided for in paragraph (b) of this section, each person seeking certification or recertification under this part shall submit a written request to each railroad that employed or certified the person within the previous five years to provide the following information to the railroad that is considering whether to certify or recertify that person as a signal employee: ( 1 ) Information about that person's compliance with § 246.111 within the three years preceding the date of the request;
( 2 ) Information about that person's compliance with § 246.115 within the five years preceding the date of the request; and
( 3 ) Information about that person's compliance with § 246.303 within the five years preceding the date of the request.
( d ) Each person submitting a written request required by paragraph (c) of this section shall: ( 1 ) Submit the request no more than one year before the date of the railroad's decision on certification or recertification; and
( 2 ) Take any additional actions, including providing any necessary consent required by State or Federal law to make information concerning their service record available to the railroad.
( e ) Within 30 days after receipt of a written request that complies with paragraph (c) of this section, a railroad shall provide the information requested to the railroad designated in the written request.
( f ) If a railroad is unable to provide the information requested within 30 days after receipt of a written request that complies with paragraph (c) of this section, the railroad shall provide an explanation, in writing, of why it cannot provide the information within the requested time frame. If the railroad will ultimately be able to provide the requested information, the explanation shall state approximately how much more time the railroad needs to supply the requested information. If the railroad will not be able to provide the requested information, the railroad shall provide an adequate explanation for why it cannot provide this information. Copies of this explanation shall be provided to the railroad designated in the written request and to the person who submitted the written request for information.
( g ) When evaluating a person's prior safety conduct with a different railroad, a railroad shall not consider information concerning prior safety conduct that occurred: ( 1 ) Prior to July 22, 2024; or
( 2 ) At a time other than that specifically provided for in § 246.111, § 246.113, § 246.115, or § 246.303.
( h ) Each railroad shall adopt and comply with a program that complies with the requirements of this section. When any person (including but not limited to a railroad; any manager, supervisor, official, or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any employee of such owner, manufacturer, lessor, lessee, or independent contractor or subcontractor) violates any requirement of a program that complies with the requirements of this subject, that person shall be considered to have violated the requirements of this section.