Freight Car Safety StandardsPart 215

Subpart A - General

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Module Objectives

List conditions associated with the movement of a defective car for repair

Identify a properly completed tag for movement of a defective car for repair 

Determine when a pre-departure inspection is necessary

Explain the role of a Designated Inspector.

List the minimum inspection items during an Appendix D inspection

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Subpart A 

General:
        - 215.1 - Scopert 
        - 215.3 - Application 
        - 215.5 - Definitions 
        - 215.7 - Prohibited acts 
        - 215.9 - Movement of defective cars for repair 
        - 215.11 - Designated inspectors 
        - 215.13 - Pre-departure inspection 
        - 215.15 - Periodic inspection 

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Applicability

	Part 215 applies to each railroad freight car in service on:
        - Standard gage track of a railroad, or
        - Any other standard gage track while the car is being operated by, or is otherwise under the control of a railroad.

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In Service

	When used in connection with a railroad freight car, means each railroad freight car subject to this part unless the car:

1) Tagged in accordance with 215.9. 

2) Is in a repair shop or on a repair track 

3) Is on a storage track and is empty, or 

4) Has been delivered in interchange but has not been accepted by the receiving carrier.

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Exemptions

	Part 215 does not apply to a railroad freight car that is:
        - Operated solely on track inside an industrial or other non-railroad installation.
        - Used exclusively in dedicated service as defined in §215.5(d).
        - Maintenance-of-way equipment (including self-propelled maintenance-of-way equipment) if that equipment is not used in revenue service and is stenciled in accordance with §215.305. 
        - Operated in a passenger train and that is inspected, tested, maintained, and operated pursuant to the requirements contained in Part 238.

	Note: §215.303 does not apply to freight cars owned by, and containing Mexican or Canadian reporting marks.  

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Industrial or Non-railroad

Steel mills.

Plant railroads. 

Nuclear facilities.

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Dedicated Service

Exclusively between designated points.

Used primarily inside industrial or non-railroad installation.

Used occasionally over general railroad system for no more than 30 miles in one direction or 60 miles roundtrip.

Speed may not exceed 15 mph.

Cars not freely interchanged.

Properly stenciled.

Inspected and found safe to operate.

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Key Points

Notification requirements to FRA

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Maintenance-of-Way

	Freight equipment used in the upkeep and servicing of a railroad and properly stenciled.

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Prohibited Acts

Language reasserting FRA’s right to assess a civil penalty on anyone who is party to violating any provision of Part 215.

For example: a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

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Key Points

Legal jargon giving FRA wide discretion to assess civil penalties to nearly anyone associated with the violation of Part 215

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Movement for  Repair Freight Cars

A freight car defective under CFR Part 215 may move to another location for repair after meeting the conditions stipulated under Part 215.9 without liability of civil penalty.

Only designated inspectors are authorized to make determinations for movement under this provision. 

Movement ok provided all conditions are complied with.

FRA or State MP&E Journeyman Inspector could attach conditions for movement with a Form 8 (Special Notice for Repair).

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Refer to Movement for Repair Matrix...

Other federal defects are not covered by this movement provision.  Even after 25 years in existence, this particular section of the regulation gets abused probably more than any other under this part.

Designated inspectors are typically carmen or car foreman.

Be very judicious when using a Special Notice on a freight car.  The message here is that as an inspector, you do have the right to make them repair the car where it’s found defective, or at a location of your choosing.  In most cases, the railroad will go ahead and set the car out and have it repaired.  In any event, before issuing a Special Notice, CONTACT YOUR SPECIALIST before issuing one.  Good rule of thumb, the defect must present an imminently hazardous condition.  Even then, a Special Notice issued on a car should be a rare occurrence.

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Conditions for MovementEffecting Repairs

Movement under this provision only authorized for effecting repairs.

If car is loaded it can’t be unloaded first unless unloading is consistent with the restrictions imposed by the designated inspector, and

The car is consigned for a destination on line of haul from where it was first found defective and the point where repairs are to be made.

If car is empty it can’t be loaded.

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Key Point

The provision for moving a 215 defective car for repair is specific, movement is only authorized for getting the car repaired.  

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Conditions for Movement Must be Designated Inspector

Inspect car and determine if car is:

Safe to move.

Indicate speed and other handling restrictions for safely conducting movement.

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Key Point:

As indicated in the previous slide, only designated inspectors are authorized to make determinations for movement under this provision 

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Conditions for MovementTagging 

“Bad Order” or “Home Shop for Repairs”.

Affixed to both sides of car.

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Key Points

The most common forms of tagging will be a bad order tag.  Make sure all the the information listed here is provided.  Failing to do so revokes the railroads right to move the car for repair under this provision.  (See Appendix B fine print following penalty schedule)

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Conditions for MovementRequired Information

Initials and car number.

Inspecting railroad.

Locations and date of inspection.

Description of each defect. 

Movement restrictions.

Destination for repair.

Signature of designated inspector.

Notify crew member in charge of train movement in writing.

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Conditions for MovementRecord Retention

A record or copy of tag or card must be retained for 90 days after removal from car.

Upon request and within 15 days, shall be made available for review by FRA or State Inspectors. 

Tags or cards removed must contain date, location, reason for removal and signature of person who removed it from car.

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Key Points

These are all conditions for movement that must be adhered to by the railroad.  This is a good way to get some records inspected on those hot sunny days, rainy days or snowy days.  

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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 in connection with a §215.9 movement.

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Key Points

Once again stress judicious use of the Special Notice for Repairs

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Movement for Repair

	Discussion and Movement for Repair Matrix

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What is a Designated Inspector?

Person that the railroad designates to inspect freight cars for compliance with Part 215.

Railroad must maintain a written record of each designation in effect and the basis for each designation.

Only designated inspectors are authorized to make determinations previously discussed for movement under §215.9.

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Key Points

Once again these designations are typically employees from the carmen craft.  Don’t get too hung-up on this, but make sure railroad aren’t simply allowing T & E folks to make 215.9 determinations.   

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Pre-departure Inspection

Inspection required at each location where a car is added to a train.

Inspection may be made before or after car is placed in the train.

Inspection may be made to determine total compliance with this part or the lesser restrictive method – Appendix D.

Railroad not relieved of liability for compliance with this part in either case.

Inspection must be made on both sides in order to be considered a proper inspection (See TB MP&E 98-57).

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Key Points

Talk about the regulation where it stipulates that the inspection is to be performed by the designated inspector at locations where designated inspectors are on duty.  FRA has never strictly enforced this rule because Chief Counsel contends that this is matter is a collective bargaining issue. Besides, railroads could simply furlough the designated inspector and make it a non-issue.  Emphasize the need for a common sense approach.  If the matter involves a complaint directly related to this specific issue, caution the inspector to use good judgment.  Also with respect to inspection of both sides, yes it’s good practice to require railroads to inspect both sides at every location, however, it may not be feasible for safety reasons.  If you want to make a case of it, inspectors would be in a better position to defend position by showing high defect ratio---justification.

Date:	June 15, 1998

Reply to the Attention of: MPE-98-57

Subject:	§215.13

	Freight Car Pre-Departure Inspection: Enforcement Guidance - Part 215.13

From:	E. R. English

	Director, Office of Safety Assurance and Compliance

To:	All Regional Administrators, Deputy Administrators, 

	Motive Power & Equipment Specialists and MP&E Inspectors

This Bulletin provides guidance for Federal Railroad Administration inspectors concerning enforcement of the pre-departure inspection requirements under 49CFR 215.13.  The Railroad Freight Car Safety Standards provide, at §215.13(a):

At each location where a freight car is placed in a train, the freight car shall be inspected before the train departs.  This inspection may be made before or after the car is placed in the train. [Emphasis added.]

The language of the above-cited section is very explicit.  FRA has consistently interpreted this language to require a pre-departure inspection each time a car is placed in a train.  Moreover, although the regulations do not specify the physical actions necessary to conduct a proper inspection, a railroad may fulfill the inspection requirements only when its inspectors position themselves in a way that permits the required observations to be made.  In order to conduct a proper Freight Car Safety Standards inspection, both sides of a car must be inspected.

Of current concern is an interpretation of "placed in a train" being used at some locations in the industry to allow new outgoing trains to be built from large blocks of cars from two or more incoming trains without performing a pre-departure inspection.  Within the industry, this practice is called "block swapping."  This reading of the rule apparently assumes that a car that remains in a block of cars when removed from one train is not "placed in a train" when the block is added to a new train.  That assumption is incorrect.  Whether singly or in groups, cars that are taken from one train and placed in another are "placed in a train" and must be inspected at the location from which the new train departs.  Of course, an inspection pursuant to §215.13 is not required when intact trains move from railroad to railroad.

However, as with any regulatory requirement, inspectors should exercise discretion in how §215.13(a) is enforced so that our limited resources can be focused on matters likely to produce the greatest safety benefit.  The general criteria for determining when enforcement action is appropriate, and which action to take, are set forth in 49 CFR Part 209, Appendix A.  A railroad’s history of compliance with the relevant set of regulations, especially at the specific location involved, must be considered along with the kind and degree of potential safety hazard a condition poses in light of the immediate factual situation.  Where compliance with the Freight Car Safety Standards is poor, and improper inspections or no inspections are being performed, the failure to inspect or improper inspection can- along with the physical defects found on the cars-be strong enforcement candidates.  Conversely, if a railroad is generally doing a good job in terms of compliance with the Freight Car Safety Standards at a particular location, the one-time failure to conduct a proper inspection at that point more likely is not a condition that poses a significant safety hazard.

This bulletin is intended only to provide internal guidance on these issues and does not provide any basis for a private party to challenge FRA’s exercise of enforcement discretion in a particular case.

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Pre-departure Inspection

Inspection may not be performed while the equipment is moving.

Inspection may not be performed from moving locomotives on an adjacent track (See TB MP&E 98-58).

Failure to perform or properly perform a pre-departure inspection is considered separate and distinct from, and in addition to mechanical defects on the car.

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Key Points

Make sure the inspection is performed correctly, it can’t be done while the car is being shoved over a hump or by a speeding vehicle running along side the track.  Mechanized vehicles ok, but be sure that quality inspections are occurring. If you find an inordinate number of defects after the person doing the inspection regardless if he’s using a ATV or not, take them task...call them out on it.  

Failure to perform a pre-departure inspection is a separate defect or violation.  Check out fine print under Appendix B after penalty schedule.

Date:	June 15, 1998

Reply to the Attention of: MPE-98-58

Subject:	§215,App.D

	Part 215 Appendix D, Freight Car Pre-Departure Inspection: Enforcement Guidance

From:	E. R. English

	Director, Office of Safety Assurance and Compliance

To:	All Regional Administrators, Deputy Administrators, 

	Motive Power & Equipment Specialists and MP&E Inspectors

Recently, FRA inspectors have noted instances of pre-departure mechanical inspections being conducted in an improper manner.  FRA is particularly concerned about the practice of conducting pre-departure inspections pursuant to Appendix D of Part215, while the equipment is moving (i.e., a "roll by" inspection) or by conducting such inspections from locomotives on an adjacent track.  While regulations do not specify the physical actions necessary to conduct a proper inspection, FRA believes such inspections require that inspectors position themselves in such a manner that all of the required observations can be safely made.  

	Appendix D of Part 215 requires that an inspector be able to observe the following conditions:

		1. Car body: 

 			(a) Leaning or listing to side. 

 			(b) Sagging downward. 

 			(c) Positioned improperly on truck. 

 			(d) Object dragging below. 

 			(e) Object extending from side. 

  			(f)  Door insecurely attached. 

 			(g) Broken or missing safety appliance. 

 			(h) Lading leaking from a placarded hazardous material car. 

		2. Insecure coupling. 

 		3. Overheated wheel or journal. 

 		4. Broken or extensively cracked wheel. 

 		5. Brake that fails to release. 

 	6. Any other apparent safety hazard likely to cause an accident or casualty before the train arrives at its destination. 

Such observations can not be safely made while equipment is moving or when the inspector is positioned on a locomotive on an adjacent track.  While some of the individual conditions may be observable while a train is moving, others are not and a person cannot reasonably be expected to see all of them as a train is rolling by.

FRA inspectors should strongly consider issuing violations whenever they observe the above inspection practices being performed instead of a proper Appendix D inspection.  In appropriate circumstances, the inspector may assess a civil penalty for each car in a train that does not receive the proper pre-departure mechanical inspection.  These violations should be treated as violations separate and distinct from, and in addition to, any substantive violation conditions found on individual cars.  This has been FRA’s consistent position on equipment inspection methods.  

Furthermore, civil penalties may be assessed or other extraordinary remedies may be sought against any individual who willfully violates the pre-departure inspection requirements pursuant to Part 215.  As with any regulatory requirement, inspectors should exercise enforcement discretion to determine the best method of achieving compliance.

See 49 CFR 209, Appendix A, for further guidance.

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Appendix D Inspection

Car Body:

Leaning or listing to side.

Sagging downward.

Positioned improperly on track.

Object dragging below.

Door insecurely attached.

Broken or missing safety appliance.

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Appendix D InspectionContinued

Insecure coupling.

Overheated wheel or journal.

Broken or extensively cracked wheel.

Brake that fails to release.

Any other safety hazard likely to cause an accident or casualty before the train arrives at destination.

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End of Module 

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