§ 245.303 Criteria for revoking certification. ( a ) It shall be unlawful to fail to comply with any of the railroad rules or practices described in paragraph (e) of this section.
( b ) A certified dispatcher who fails to comply with a railroad rule or practice described in paragraph (e) of this section shall have their certification revoked.
( c ) A certified dispatcher who is assigned to monitor, pilot, or instruct a dispatcher and fails to take appropriate action to prevent a violation of a railroad rule or practice described in paragraph (e) of this section shall have their certification revoked. Appropriate action does not mean that a supervisor, pilot, or instructor must prevent a violation from occurring at all costs; the duty may be met by warning the dispatcher of a potential or foreseeable violation.
( d ) A certified dispatcher who is called by a railroad to perform a duty other than that of a dispatcher shall not have their dispatcher certification revoked based on actions taken or not taken while performing that duty except for violations described in paragraph (e)(7) of this section.
( e ) When determining whether to revoke a dispatcher's certification, a railroad shall only consider violations of its operating rules or practices that involve: ( 1 ) Failure to properly issue or apply a mandatory directive when warranted.
( 2 ) Improperly authorizing a train or on-track equipment to enter into an out-of-service or blue flag protected track.
( 3 ) Granting permission for a train or on-track equipment to enter into established RWIC limits without authority or permission from the RWIC.
( 4 ) Removal of blocking devices or established protection of RWIC working limits prior to the RWIC releasing the limits.
( 5 ) Failure to properly apply blocking devices or establish proper protection for specified working limits or movements of trains or on-track equipment.
( 6 ) Granting permission for a train to enter PTC or Cab Signal limits with inoperative or malfunctioning PTC or Cab Signal equipment.
( 7 ) Failure to comply with § 219.101 of this chapter. However, such incidents shall be considered as a violation only for the purposes of § 245.305(a)(2) and (b).
( f ) In making the determination as to whether to revoke a dispatcher's certification, a railroad shall only consider conduct described in paragraphs (e)(1) through (6) of this section that occurred within the three years prior to the determination.
( g ) If in any single incident the person's conduct contravened more than one operating rule or practice, that event shall be treated as a single violation for the purposes of this section.
( h ) A violation of one or more operating rules or practices described in paragraphs (e)(1) through (6) of this section that occurs during a properly conducted operational compliance test subject to the provisions of this chapter shall be counted in determining the periods of ineligibility described in § 245.305.
( i ) An operational test that is not conducted in compliance with this part, a railroad's operating rules, or a railroad's program under § 217.9 of this chapter, will not be considered a legitimate test of operational skill or knowledge, and will not be considered for revocation purposes.
( j ) Each railroad shall adopt and comply with a program meeting the requirements of this section. When any person (including, but not limited to, each railroad, railroad officer, supervisor, and employee) violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.