Safety Appliance StandardsPart 231

Movement of Defective Freight Cars

Module 8 

Module 8

*

Module 8

Module 8

*

Module Objectives
        - List conditions associated with the movement of defective locomotives or cars for repair with safety appliance defects
        - Recognize deviations from the standards

Module 8

Module 8

*

Key Points:

This presentation will address the movement of freight cars that contain Safety Appliance or Power Brake defects.  The term “Safety Appliances” is often use interchangeably with Power Brakes.  That’s because the Safety Appliance Act required the installation of power brakes as well as safety appliances on railroad freight cars, locomotives.

 Now the Act also required other things like automatic couplers and set coupler height limits or rolling equipment. The provisions for the movement of defective equipment (Safety Appliance or Power Brake is the same.  For example, The movement provision that will be discussed in the following slides applies to both Safety Appliances and Power Brake defects  

Module 8

Module 8

*

DefinitionsClassification of Components

Safety Appliance  - Handhold, ladder, dome ladder, dome platform, sill step, safety railing, handbrake, handbrake components, running board, etc.

Power Brake – Brake valves, brake valve components, pipe bracket, brake reservoir, brake cylinder, piston travel, brake beam, brake shoe, brake shoe key, brake lever, brake rod, brake rod safety hanger, brake pin, etc. 

Module 8

Module 8

*

Movement for RepairLocomotives & Freight Cars
        - A freight car defective under CFR Part 231 or 232 may move to the nearest location for repair after meeting the conditions stipulated under 49 USC 20303.
        - This movement provision is not to be confused with the provisions under Part 229.9 or 215.9.
        - 49 USC 20303 is very restrictive and does not allow for the movement of defective equipment for the purposes of convenience or at the arbitrary discretion of the railroad.

Module 8

Module 8

*

Conditions for Movement
        - Repairs cannot be made where the defect(s) are first discovered in a safe and reasonable manner.
        - Movement is permitted only when hauled for repair to the nearest repair point.
        - Car may not be loaded or unloaded first, unless unloading is consistent with effecting safe repairs.
        - The use of a mobile repair truck could be construed as the repair point provided that repairs can be made without exposing railroad employees to unnecessary personal injury.
        - Bad Order or Home Shop Tag not necessary under current regulation, but Burden of Proof is.

Module 8

Module 8

*

Key Point:

The Safety Appliance Law requires Safety Appliances not in compliance with the regulations to be repaired when found to be defective.  However, the Law does allow movement of defective Safety Appliances for repair if  repairs cannot be made at the location where they are found defective in a safe and reasonable manner.  Prevailing case law suggests that neither discovery or convenience mitigates the railroads responsibility for compliance with the Safety Appliance Regulations at all times. The key here is whether or not repairs can be made at the location found defective in a safe and reasonable manner.  If repairs are routinely made by a wheel truck at a particular location then FRA will consider that location a repair point.  Conversely, FRA does not expect railroads to comply with the Safety Appliance Law at the expense of exposing its employees to unnecessary danger or risk of personal injury.  Therefore, inspectors are reminded to consider these facts and weigh the circumstances carefully when determining “safe and reasonable.”  

Module 8

Module 8

*

Interchange
        - Interchange of freight car defective under Part 231or 232 allowed if;

Connecting railroad is in agreement.

Connecting railroad hauls car for repair only.

Connecting railroad repair point is no further than delivering railroad repair point.

Module 8

Module 8

*

Key Considerations
        - Knowledge of defect.
        - Convenience, economic or practical arguments are not legitimate defenses for moving a defective car for repair.
        - Railroad not relieved of its liability should injury or death occur to a railroad employee 
        - Safe and reasonable.
        - FRA does not expect railroads to comply with the Safety Appliance Law at the expense of exposing its employees to unnecessary danger or risk of personal injury.

Module 8

Module 8

*

Key Points:

Obviously the railroad must have knowledge of the defect before it can haul a car under 20303.  Even though FRA doesn’t have a tagging requirement on the car, burden of proof is on the railroad to demonstrate that car is being hauled under 20303

Module 8

Module 8

*

End of Module 

Module 8