FRA Regulations & RCL Operations

Q&As

(revised February 2009)

Q-1. As a remote control operator (RCO), am I required to be certified the same as a 

locomotive engineer? 

A. Yes. The engineer certification regulation requires that anyone who moves a 

locomotive must be certified. There are two exceptions: 1) when operating a 

locomotive(s) within the confines of a locomotive repair or servicing area (no cars 

attached); and 2) when moving a locomotive(s) for distances of less than 100 feet 

for inspection and maintenance purposes. 

Note: The term “locomotive engineer” as defined in the regulation means 

any person who moves a locomotive or group of locomotives regardless of 

whether they are coupled to other rolling equipment. (49 CFR 240.7) 

Q-2. What is required for certification? 

A. The railroad must evaluate the employee’s safety conduct. This is 

accomplished by reviewing the employee’s work records, state and federal motor 

vehicle operator records, and the employee’s compliance with drug and alcohol 

regulations. The employee must also meet certain hearing and visual acuity 

standards and pass a written knowledge test (rules test) and a skills performance 

test [demonstrate skills to operate a remote control locomotive (RCL) to a 

designated supervisor of locomotive engineers]. (49 CFR 240.203) 

Q-3. I was convicted of a DWI four years ago. Will this affect my certification status? 

A. No. The regulation prohibits the railroad from considering information that 

occurred more than 36 months from the month in which the certification decision 

will be made. [49 CFR 240.115(b)] 

Q-4. I had my driver’s license suspended for speeding. Will this affect my certification 

status? 

A. No. The railroad is only allowed to consider a conviction or completed state 

action that resulted in a license suspension for operating a motor vehicle while 

under the influence of or impaired by alcohol or a controlled substance, or for 

refusing to undergo such testing. [49 CFR 240.115(b)] 

Q-5. I am a new hire and had my driver’s license suspended for a DWI two years ago. 

What will happen when the railroad discovers this during the motor vehicle 

operator records check? 
A. The railroad is required to provide this information to the railroad’s EAP 

Counselor and refer you for an evaluation to determine if you have an active 

substance abuse disorder. If the evaluation determines that you do not have a 

substance abuse problem, nothing further will occur. If it is determined that you 

do have an active substance abuse disorder, you will be required to complete a 

program of treatment before you are eligible for certification again. [49 CFR 

240.115(c)] 

Q-6. I am currently certified as an RCO and was picked up last night for a DWI. Am I 

required to notify the railroad? 

A. No. Your license has not been officially revoked until you plead guilty or you 

go to trial and are found guilty. [49 CFR 240.115 and 240.111(b)] 

Q-7. Referring to the same scenario above, I plead guilty and I am convicted of the 

DWI offense. Am I required to take any action? 

A. Yes. You must report this information to the railroad within 48 hours of the 

conviction or completed state action. [49 CFR 240.111(h)] 

Q-8. What is required before I can be issued a student certificate? 

A. The only requirement to obtain a student certificate is to pass a hearing and 

visual acuity examination. [49 CFR 240.203(b)] 

Q-9. What if I fail the hearing and visual acuity test? 

A. You are entitled to a retest. If you fail the retest, it is still possible to be 

certified if the railroad’s medical examiner, after consultation with the railroad’s 

DSLE, concludes that you can still operate safely. This is purely elective on the 

railroad’s part and is usually tied to collective bargaining agreements addressing 

medical and physical fitness issues. The railroad may issue you a certificate with 

special restrictions if recommended by the medical examiner. (49 CFR 240.121) 

Q-10. Do I have any restrictions with a student certificate? 

A. Yes. You can only operate under the direct and immediate supervision of a 

certified and qualified instructor. Another RCO could fill this position if 

experienced and knowledgeable enough to provide adequate instruction and 

training. [49 CFR 240.107(c)(3)] 

Q-11. How far away from the instructor can I be while operating the RCL? 

A. The instructor must be close enough to monitor your performance and take 

immediate corrective action in the event of an emergency. To put this into 

perspective, under traditional locomotive operations, the instructor engineer is not 
allowed to leave the cab of the locomotive while the student is operating. This 

would prevent the engineer from placing the train into emergency in the event of 

trouble. Some railroads provide the instructor with a means to place the RCL into 

emergency if the student gets into trouble. This would allow the instructor to be 

some distance from the student. FRA considers this acceptable. However, in 

each and every case, the instructor must be able to observe the student and his or 

her actions to properly monitor the student’s activities. While riding the point on 

a move, this could not be accomplished if the student was on one side of the car 

and the instructor was on the other side. If both the student and instructor were 

riding the same side of the car (on each end) and the instructor had the ability to 

stop the move, this would meet the intent of the regulation. 

Q-12. What type of training can I expect to receive as an RCO? 

A. Until recently, the majority of RCL training programs consisted of 

approximately 80 hours of classroom and on-the-job training. However, during 

the latter part of 2008, the major railroads (BNSF, CN, CSX, KCS, NS, UP) 

implemented new RCL training programs that were jointly developed by FRA , 

Rail Labor, and Rail management. The new programs contain task lists that will 

be furnished to RCO Students. The students will practice each task a 

predetermined number of times and will then be required to demonstrate 

proficiency in that task. The instructor will be required to sign off on each task 

completed. This type of training will ensure that the students are trained on all 

the tasks they are expected to perform as an RCO. These task lists are considered 

Federal documents and should be completed properly. These programs have been 

submitted to FRA and have all been approved. 

Q-13. What if I encounter a specific task or movement I was not trained to perform: 

A. No training is all inclusive. You may encounter moves you have not actually 

performed, but have made similar moves that provide you with sufficient 

operating experience to make the move safely. However, if you are confronted 

with a move you have no idea how to handle, notify the railroad for guidance. 

Q-14. Can I operate from the cab of the locomotive and can I sit in the engineer’s seat? 

A. Yes. There is nothing in the regulation that prohibits you from occupying the 

cab of the locomotive while performing RCL operations. However, you should 

not operate the locomotive from its control stand unless you were specifically 

trained to do so. If you are performing a train movement (leaving the yard for 

some other location), you should be located in the cab, out of harms way, and in a 

position to observe the air gauges and speed recorder during the movement. 

Q-15. Can I leave the yard and operate on the main track or an industrial lead? 
A. Yes. However, there are certain limitations on the types of trains that can be 

hauled using the current RCL technology (see the letter included at the end of this 

document) and you must be properly trained for these moves. FRA has taken the 

position that any move that requires a brake test under Part 232 becomes a train

movement rather than a switching movement. Railroads have air brake and train 

handling instructions to govern engineers operating trains. These instructions are 

currently incompatible with RCL technology. Therefore, railroads must develop 

instructions governing RCOs operating RCL trains. The RCOs must be trained 

on these instructions and trained on the routes they will travel. The amount of 

training time will depend on the operations involved and should be arrived at 

through the collaborative efforts of local labor and management. 

Q16. Can I ride on the side of a car while operating the RCL? 

A. Yes. However, FRA leaves that decision to the RCO who best knows the 

conditions at the time. FRA believes that employees are empowered to determine 

when it is safe to ride a car and when it is not. FRA’s safety advisory initially 

recommended against this practice with the understanding that an RCO would be 

required to manipulate two controls simultaneously to control speed while 

attempting to hold onto the side of a car while riding it. However, the newer 

technology incorporated a speed control system that allowed the RCO to dial in a 

speed and maintain three to four points of contact (the industry standard is three) 

with the car. Remember – you control the move, if you are unsure about 

clearance or other conditions ahead, STOP THE MOVEMENT and get off the 

car. 

Q-17. As an RCO, can I have my certification revoked? 

A. Yes. You are subject to the same penalties as any other engineer. 

 [49 CFR 240.117(c)(1)] 

Q-18. If I am accused of committing a rule violation, can the railroad just revoke my 

certification without an opportunity for a hearing? 

A. No. Following an alleged rule violation, the railroad is obligated to take the 

following actions: 1) based upon reliable information, suspend your certification 

pending an investigation of the incident; 2) notify you of the reasons for the 

suspension; and 3) inform you that you are entitled to a certification hearing 

under the regulation. You must be afforded a hearing before your certificate is 

revoked. [49 CFR 240.307(b)] 

Q-19. Is a hearing always required for a certificate revocation to occur? 

A. No. Similar to most collective bargaining agreements, you can waive your 

right to a certification hearing and accepting responsibility for the incident. 

However, in order for the waiver to be valid under the regulation it must: 1) be in 
writing; 2) reflect the fact that you are waiving your right to a Federal 

certification hearing; and 3) be signed by you. [49 CFR 240.307(f)] 

Note: You cannot appeal a revocation if you waive the hearing because there 

is no hearing record available to review the facts of the incident!

Q-20. If the railroad revokes my certification, do I have the right to appeal this decision? 

A. Yes. The regulation contains a dispute resolution process. You have 120 

days from the date on the railroad’s revocation decision letter to file a petition 

with FRA’s Locomotive Engineer Review Board. [49 CFR 240.401(d), 240.403, 

and 240.405] 

Q-21. The RCL operations on my railroad involve a “pitch and catch” operation. There 

are two RCOs assigned to one locomotive. If for some reason a decertifiable 

event occurs, such as the locomotive passing a stop signal, will both assigned 

RCOs be subject to decertification? 

A. No. Only the RCO operating the RCL at the time of the incident would be 

subject to decertification. However, if the non-operating RCO or another 

certified individual is functioning as a pilot or instructor, he or she could also be 

held responsible and subject to decertification. 

Q-22. The man-down tilt feature located on the remote control transmitter (beltpack) 

that the RCO wears activates each time I bend over beyond a 45-degree angle. I 

find this feature bothersome and time consuming to deal with. If I purposely 

attach the beltpack to myself in such a fashion that the device will not activate 

when I bend over, am I in violation of any regulation? 

A. Yes. This feature is considered a safety device and is covered by FRA 

tampering regulations (49 CFR 218.57). Tampering with a safety device or 

knowingly operating a locomotive with the device cutout is a decertifiable event. 

When in doubt about beltpack securement issues, contact the railroad for 

guidance! [49 CFR 240.117(e)(5)]. 

Q-23. In a pitch & catch operation, if one beltpack fails, can the operation continue with 

one beltpack? 

A. Yes. Neither FRA’s safety advisory nor any Federal regulation prohibits a 

one-beltpack operation. However, it is expected that the crew would initiate a 

thorough job briefing to ensure that each member of the crew understands his or 

her new responsibilities. 

Q-24. If I am a certified engineer who has been set back as a conductor, do I need the 

same training as a noncertified employee in order to operate RCLs? 
A. No. Your training could be significantly reduced since you already possess train 

handling skills. The training programs vary from railroad to railroad. Some railroads 

require all employees to complete the entire training program, while others have 

developed a 2-3 day RCL training program for engineers.

Q-25. I am an RCO who has not worked an RCL assignment for several months. Do I

need some refresher training before I can work an RCL assignment again?

A. The railroad should have a policy in place to address this issue. Generally, a short 

absence from RCL may not be an issue, depending on the initial experience gained 

after certification. However, if an individual only worked a few weeks as an RCO 

after certification, and then bid off the job or was bumped to a non-RCL job for several 

months, the RCO may need some refresher training when coming back to an RCL job. 

If the technology features have changed significantly since the RCO was last trained, 

additional training in that area may be warranted as well depending on the nature of 

the changes. Under most circumstances, RCOs

are given a qualifying trip or two with an RCL crew to refamiliarize them with the 

operation of the equipment.

Q-26. Whom can I contact if I have questions pertaining to RCL operations and Federal 

regulations?

A. You can contact Joseph Riley by telephone at 202-493-6318 or by email at

joseph.riley@dot.gov.

WORK SAFELY AND BE SAFE!