§ 299.445 Trainset inspection, testing, and maintenance requirements. ( a ) *General.* ( 1 ) The railroad shall develop a written inspection program for the rolling stock, in accordance with and approved under the requirements of § 299.713. As further specified in this section, the program shall describe in detail the procedures, equipment, and other means necessary for the safe operation of the passenger equipment, including all inspections set forth in paragraph (e) of this section. This information shall include a detailed description of the methods of ensuring accurate records of required inspections.
( 2 ) The initial inspection, testing, and maintenance program submitted under § 299.713 shall, as a minimum, address the specific safety inspections contained in paragraphs (e)(1) through (4) of this section. The railroad may submit the procedures detailing the bogie inspections or general overhaul requirements contained in paragraph (e)(3) and (4) of this section, respectively, at a later date than the initial inspection, testing, and maintenance program, but not less than 180 days prior to the scheduled date of the first bogie inspection or general overhaul.
( b ) *Identification of safety-critical items.* In addition to safety critical items identified under § 299.711(b), on-board emergency equipment, emergency back-up systems, trainset exits and trainset safety-critical hardware and software systems in accordance with § 299.441 shall be deemed safety-critical.
( c ) *Compliance.* The railroad shall adopt and comply with the approved inspection, testing, and maintenance program in accordance with § 299.703.
( d ) *General condition.* The inspection, testing, and maintenance program shall ensure that all systems and components of the equipment are free of conditions that endanger the safety of the crew, passengers, or equipment. These conditions include, but are not limited to the following: ( 1 ) A continuous accumulation of oil or grease;
( 2 ) Improper functioning of a component;
( 3 ) A crack, break, excessive wear, structural defect, or weakness of a component;
( 4 ) A leak;
( 5 ) Use of a component or system under conditions that exceed those for which the component or system is designed to operate; and
( 6 ) Insecure attachment of a component.
( e ) *Specific safety inspections.* The program under paragraph (a) of this section shall specify that all passenger trainsets shall receive thorough safety inspections by qualified individuals designated by the railroad at regular intervals. At a minimum, and in addition to the annual tests required for event recorder under § 299.439(e), the following shall be performed on each trainset: ( 1 ) *Pre-service inspections.* ( i ) Each trainset in use shall be inspected at least once every two calendar days by qualified individuals at a location where there is a repair pit and access to the top of the trainset. The inspection shall verify the correct operation of on-board safety systems defined in the inspection, testing, and maintenance program. If any of the conditions defined as safety-critical in paragraph (b) of this section and § 299.711(b) are found during this inspection, the trainset shall not be put into service until that condition is rectified. The pre-service inspection shall include the following: ( A ) Functional tests to determine the status of application and release of the service, emergency, and urgent air brakes using the monitoring system;
( B ) Operational tests of the exterior doors; and
( C ) A review of the log of on-board ATC equipment.
( ii ) If the existence of any safety-critical conditions cannot be determined by use of an automated monitoring system, the railroad shall perform a visual inspection to determine if the condition exists.
( 2 ) *Regular inspections.* The railroad shall perform a regular inspection on all trainsets in accordance with the test procedures and inspection criteria established in paragraph (a) of this section and at the intervals defined by paragraph (f) of this section. If any of the conditions defined as safety-critical in paragraph (b) of this section and § 299.711(b) are found during this inspection, the trainset shall not be put into service until that condition is rectified.
( 3 ) *Bogie inspections.* The railroad shall perform a bogie inspection on all trainsets in accordance with the test procedures and inspection criteria established in paragraph (a) of this section and at the intervals defined by paragraph (f) of this section. If any of the conditions defined as safety-critical in paragraph (b) of this section and § 299.711(b) are found during this inspection, the trainset shall not be put into service until that condition is rectified.
( 4 ) *General overhaul.* The railroad shall perform a general overhaul on all trainsets in accordance with the test procedures and inspection criteria established in paragraph (a) of this section and at the intervals defined by paragraph (f) of this section. If any of the conditions defined as safety-critical in paragraph (b) of this section and § 299.711(b) are found during this inspection, the trainset shall not be put into service until that condition is rectified.
( f ) *Maintenance intervals.* The railroad's program established pursuant to paragraph (a) of this section shall include the railroad's scheduled maintenance intervals for all specific safety inspections in paragraph (e) of this section, as required by § 299.707.
( g ) *Training and qualification program.* The railroad shall establish a training and qualification program as defined in § 299.13(c)(3) to qualify individuals to perform inspections, testing, and maintenance on the equipment. Only qualified individuals shall perform inspections, testing, and maintenance of the equipment.
( h ) *Reporting and tracking of repairs to defective trainsets.* The railroad shall have in place prior to start of operations a reporting and tracking system for passenger trainsets with a defect not in conformance with this subpart. The reporting and tracking system shall record the following information: ( 1 ) The identification number of the defective unit within a trainset, and trainset identification number;
( 2 ) The date the defect was discovered;
( 3 ) The nature of the defect;
( 4 ) The determination made by a qualified individual whether the equipment is safe to run;
( 5 ) The name of the qualified individual making such a determination;
( 6 ) Any operating restrictions placed on the equipment; and
( 7 ) Repairs made and the date that they were completed.
( i ) *Retention of records.* At a minimum, the railroad shall keep the records described in paragraph (j) of each required inspection under this section in accordance with § 299.11. Each record shall be maintained for at least one year from the date of the inspection.
( j ) *Availability of records.* The railroad shall make defect reporting and tracking records available to FRA upon request.
( k ) *Brake system repair points.* The railroad shall designate brake system repair points in the inspection, testing, and maintenance program required by paragraph (a) of this section. No trainset shall depart a brake system repair point unless that trainset has a 100 percent operational brake system.