Locomotive Safety StandardsPart 229

Subpart A – General

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Module Objectives
        - List conditions associated with the movement of a non-complying locomotive for repair
        - Recognize a properly completed tag for movement of a non-complying locomotive for repair 

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Subpart A Overview

General:
        - 229.01 - Scope 
        - 229.03 - Applicability 
        - 229.04 - Information collection
        - 229.05 - Definitions 
        - 229.07 - Prohibited acts 
        - 229.09 - Movement of non-complying locomotives 
        - 229.11 - Locomotive identification 
        - 229.13 - Control of locomotives 
        - 229.14 - Non-MU control cab locomotives 
        - 229.17 - Accident reports 
        - 229.19 - Prior waivers

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Applicability

	Part 229 applies to all standard gage railroads operating on the general system of railroad transportation. 

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Exemptions

	Part 229 does not apply to:
        - A railroad that operates only on track inside an installation which is not part of the general railroad system of transportation.
        - Rapid transit operations in an urban area that are not connected with the general railroad system of transportation. 

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Additional Exemptions

	Locomotives used in passenger service are conditionally exempt from the following sections:
        - §229.125 – Headlights & auxiliary lights, (Tier II equipment only).
        - §229.141 – Body structure, MU locomotives.

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Definitions

	There are several definitions listed in this rule, we will discuss only those definitions that may impact your understanding of what we’ll be attempting to impart to you this week.

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 Cab

	Means that portion of the superstructure designed to be occupied by the crew operating the locomotive. 

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 Control Cab Locomotive

	Means a locomotive without propelling motors but with one or more control stands. 

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 Dead Locomotive

 	Means a locomotive other than a control cab locomotive that does not have any traction device supplying tractive power, or a control cab locomotive that has a locked and unoccupied cab. 

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 Event Recorder

	Means a device, designed to resist tampering, that monitors and records data on train speed, direction of motion, time, distance, throttle position, brake applications and operations (including train brake, independent brake, and, if so equipped, dynamic brake applications and operations) and, where the locomotive is so equipped, cab signal aspect(s), over the most recent 48 hours of operation of the electrical system of the locomotive on which it is installed. A device, designed to resist tampering, that monitors and records the specified data only when the locomotive is in motion shall be deemed to meet this definition provided the device was installed prior to May 5, 1995, and records the specified data for the last eight hours the locomotive was in motion. 

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 High Voltage

	Means an electrical potential of more than 150 volts. 

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Lite Locomotive

	Means a locomotive or a consist of locomotives not attached to any piece of equipment or attached only to a caboose. 

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 Locomotive

	Means a piece of on-track equipment other than hi-rail, specialized maintenance, or other similar equipment in combination of, or with any of the following:
        - One or more propelling motors designed for moving other equipment.
        - One or more propelling motors designed to carry freight or passenger traffic or both.
        - Without propelling motors but with one or more control stands. 

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 Modesty Lock

	Means a latch that can be operated in the normal manner only from within the sanitary compartment, that is designed to prevent entry of another person when the sanitary compartment is in use. A modesty lock may be designed to allow deliberate forced entry in the event of an emergency.

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MU Locomotive

	Means a multiple operated electric locomotive as described below:
        - One or more propelling motors designed to carry freight or passenger traffic or both, or
        - Without propelling motors but with one or more control stands.

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Other short-haul passenger service

	Means the type of railroad service described under the heading "Other short-haul passenger service" in 49 CFR part 209, Appendix A.

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 Potable Water

 	Means water that meets the requirements of 40 CFR part 141, the Environmental Protection Agency's Primary Drinking Water Regulations, or water that has been approved for drinking and washing purposes by the pertinent state or local authority having jurisdiction. For purposes of this section, commercially available, bottled drinking water is deemed potable water.

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 Powered Axle

	Means an axle equipped with a traction device. 

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Sanitary

	Means lacking any condition in which any significant amount of filth, trash, or human waste is present in such a manner that a reasonable person would believe that the condition might constitute a health hazard; or of strong, persistent, chemical or human waste odors sufficient to deter use of the facility, or give rise to a reasonable concern with respect to exposure to hazardous fumes. Such conditions include, but are not limited to, a toilet bowl filled with human waste, soiled toilet paper, or other products used in the toilet compartment, that are present due to a defective toilet facility that will not flush or otherwise remove the waste; visible human waste residue on the floor or toilet seat that is present due to a toilet facility that overflowed; an accumulation of soiled paper towels or soiled toilet paper on the floor, toilet facility or sink; an accumulation of visible dirt or human waste on the floor, toilet facility, or sink; and strong, persistent chemical or human waste odors in the compartment.

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Unsanitary means having any of these conditions present.

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 Serious Injury

	Means an injury that results in the amputation of any appendage, the loss of sight in an eye, the fracture of a bone, or the confinement in a hospital for a period of more than 24 consecutive hours.

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 Sanitation Compartment

	Means an enclosed compartment on a railroad locomotive that contains a toilet facility for employee use.

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 Toilet Facility

	Means a system that automatically or on command of the user removes human waste to a place where it is treated, eliminated, or retained such that no solid or non-treated liquid waste is thereafter permitted to be released into the bowl, urinal, or room and that prevents harmful discharges of gases or persistent offensive odors.

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Transfer Service

	Means a freight train that travels between a point of origin and a point of final destination not exceeding 20 miles and that is not performing switching service.

	Note: This definition applies only in the context of the sanitation section under Part 229.

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 Washing System

	Means a system for use by railroad employees to maintain personal cleanliness that includes a secured sink or basin, water, antibacterial soap, and paper towels; or antibacterial waterless soap and paper towels; or antibacterial moist towelettes and paper towels; or any other combination of suitable antibacterial cleansing agents.

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Prohibited Acts

	This section essentially tracks the Locomotive Inspection Act language enacted by Congress.  This section may be cited by inspectors when a locomotive is unsafe for use (emphasis added), but the defect cannot be linked with a specific section(s) within Part 229, other than §229.7.  

	This section also serves notice to any person, e.g., railroad/railroad employee or both, manufacturer, contractor, etc., may be subject to a civil penalty for violating or causing a violation of Part 229. 

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Movement of Non-Complying Locomotives
        - A locomotive defective under CFR Part 229 may move  for repair only after a qualified person has made the following determinations:
        - The locomotive is safe to move, and 
        - The maximum speed and other restrictions necessary for safely conducting the movement.
        - FRA or State MP&E Journeyman Inspector are authorized to impose additional restrictions for movement with a Form 8 (Special Notice for Repair).

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Conditions for Movement of Non-complying Locomotives
        - A locomotive that develops a non-complying condition en route may continue in service until the next forward point where the necessary repairs can be made, or the next calendar day inspection, whichever occurs first.
        - Speed and other restrictions imposed by the qualified inspector or FRA must be observed.
        - The engineer and crew members shall be notified in writing of the restrictions (if any), and all non-complying conditions.  Note: A copy of the non-complying tag discussed in the following slides will suffice.

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Non-complying LocomotivesTagging

	A tag bearing the words “non-complying locomotive” shall be securely attached to the control stand on each MU or control cab locomotive and to the isolation switch or near the engine start switch on every other type of locomotive.  The information required on the tag shall contain the following:  see next slide.

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Non-complying LocomotivesTagging - Required Information
        - The locomotive number.
        - The name of the inspecting carrier.
        - The inspection location and date.
        - The nature of each defect.
        - Movement restrictions, if any.
        - The destination.
        - The signature of the person making the determinations required by this paragraph.

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Non-complying LocomotivesYard Moves

	A non-complying locomotive may be moved lite or dead within a yard, at speeds not in excess of 10 miles per hour, without meeting the requirements previously discussed, if the movement is solely for the purpose of repair. 

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Note: Under this circumstance, the carrier is responsible to insure that the movement may be safely made.

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Inoperative Locomotives
        - A dead locomotive may not continue in use following a calendar day inspection as a controlling locomotive or at the head of a train or locomotive consist.
        - A locomotive does not cease to be a locomotive because its propelling motor or motors are inoperative or because its control jumper cables are not connected.

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Non-Complying LocomotiveExclusions

	The movement of defective locomotive provision (§229.9), does not apply to cab sanitation.  The cab sanitation section has its own movement provisions.    

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Special Notice for Repair
        - Use only if you have reason to believe that the railroad will not take appropriate steps to insure safe movement of the car. 
        - Use only if the defect is imminently hazardous and has the potential to cause a derailment, injury, death, or damage to property.
        - Contact your SPECIALIST when in doubt
        - Special Notice for Repair could be used to attach conditions for movement if you’re not satisfied with railroad imposed restrictions.

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Key Points

Once again stress judicious use of the Special Notice for Repairs

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Movement of Non-Complying Locomotives

	Discussion and Movement for Repair Matrix  

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Locomotive ID
        - The letter “F” shall be displayed on each side of the locomotive to indicated which end is the front end.
        - The locomotive number shall be displayed on each side of the locomotive.

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Control of Locomotives

	Unless the locomotive is moving under the provisions of §229.9, whenever two or more locomotives are coupled in remote or multiple control, all the functions on the trailing locomotives shall respond to the actions from the cab of the controlling locomotive, e.g., sanders, air brakes, power, etc.  If a dynamic brake or regenerative brake system is in use, that portion of the system in use shall respond to control from the cab of the controlling locomotive.

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Non-MU control cab Locomotives

	On each non-MU control cab locomotive, only those components added to the passenger car that enable it to serve as a lead locomotive, control the locomotive actually providing tractive power, and otherwise control the movement of the train, are subject to this part.

	An example of these type locomotive include push-pull operations such as those utilized in Chicago commuter service, (Metra)..

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Accident ReportsLAX Accidents
        - Railroads are required to report serious injuries or death resulting from failure of a locomotive component or appurtenance, including electrocution.
        - This requirement applies to any locomotive (system & foreign), operated by the railroad.
        - The locomotive shall be preserved in tact by the railroad until inspected by FRA.     

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The report shall state the nature of the accident, number of persons killed or seriously injured, the place at which it occurred, the location at which the locomotive or the affected parts may be inspected by the FRA, and the name, title and phone number of the person making the call. Written confirmation of the oral report required by paragraph (a) of this section shall be immediately mailed to the Federal Railroad Administration, RRS-25, Washington, DC 20590, and contain a detailed description of the accident, including to the extent known, the causes and the number of persons killed and injured. The written report required by this paragraph is in addition to the reporting requirements of 49 CFR part 225.

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End of Module

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