§ 299.345 Visual inspections; right of way. ( a ) *General.* All track shall be visually inspected in accordance with the schedule prescribed in paragraph (c) of this section by an individual qualified under this subpart. The visual inspection shall be conducted in accordance with the requirements set forth in the inspection, testing, and maintenance program under subpart G of this part.
( b ) *Inspection types and frequency* — ( 1 ) *Safe walkway inspection.* Except for track located inside trainset maintenance facilities and MOW yards and the associated portions of the right-of-way, the right-of-way and all track shall be inspected from the safe walkway during daytime hours, in accordance with the following conditions: ( i ) Ballasted track shall be inspected at least once every two weeks, with a minimum of six calendar days in between inspections.
( ii ) Non-ballasted track shall be inspected at least once every four weeks, with a minimum of twelve calendar days in between inspections.
( iii ) No two consecutive visual inspections from the safe walkway shall be performed from the same safe walkway. Safe walkway inspections shall alternate between safe walkways on each side of the right-of-way.
( iv ) In stations, the safe walkway inspection may be performed from either the safe walkway or the station platform.
( v ) An additional on-track visual inspection conducted during maintenance hours under paragraph (b)(2) of this section performed in place of a visual inspection from the safe walkway under paragraph (b)(1) of this section will satisfy the visual inspection requirement of paragraph (b)(1) of this section. However, a safe walkway visual inspection performed under paragraph (b)(1) of this section cannot replace an on-track visual inspection conducted during maintenance hours under paragraph (b)(2) of this section.
( vi ) Except for paragraph (b)(1)(v) of this section, inspections performed under paragraph (b)(1) of this section shall not occur during the same week as inspections performed under paragraph (b)(2) of this section.
( vii ) In the event a safe walkway visual inspection is not possible on a given day due to extreme weather, the inspection may be conducted from the cab of a trainset or as an on-track visual inspection on that day in accordance with the inspection, testing, and maintenance program.
( 2 ) *On-track inspections; other than trainset maintenance facilities and MOW yards.* Except for track located inside trainset maintenance facilities and MOW yards and the associated portions of the right-of-way, on-track visual inspections, conducted on foot during maintenance hours, shall be performed on all track in accordance with the following conditions: ( i ) Ballasted track shall be inspected at least once every two weeks, with a minimum of six calendar days in between inspections.
( ii ) Non-ballasted track shall be inspected at least once every four weeks, with a minimum of twelve calendar days in between inspections.
( iii ) Turn-outs and track crossings on ballasted track shall be inspected at least once a week, with a minimum of three calendar days in between inspections.
( iv ) Turn-outs and track crossings on non-ballasted track shall be inspected at least once every two weeks, with a minimum of six calendar days in between inspections.
( 3 ) *On-track inspections; trainset maintenance facilities and MOW yards.* For track located inside trainset maintenance facilities and MOW yards and the associated portions of the right-of-way, including turn-outs and track crossings, on-track visual inspections, conducted on foot, shall be performed on all track in accordance with the following conditions: ( i ) Ballasted track shall be inspected at least once during any 60-day period, with a minimum of twelve calendar days in between inspections.
( ii ) Non-ballasted track shall be inspected at least once within any 120-day period, with a minimum of twenty-four calendar days in between inspections.
( iii ) On-track safety shall be established in accordance with 49 CFR part 214 of this chapter, except for 49 CFR 214.339.
( 4 ) *Visual inspections from trainset cab.* Visual inspections from trainset cab shall be performed for the right-of-way and track for track Class H3 and above, except for track leading to a trainset maintenance facility, at least twice weekly with a minimum of two calendar days between inspections.
( c ) If a deviation from the requirements of this subpart is found during the visual inspection, remedial action shall be initiated immediately in accordance with the railroad's inspection, testing, and maintenance program required under subpart G of this part.