Passenger Equipment Safety StandardsPart 238

Subpart A – Movement of Defective Equipment

Subpart D - Brake Tests 

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Module Objectives
        - Apply FRA Safety Standards
        - Recognize deviations from the standards

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Subpart D - Overview
        - 238.301-Scope 
        - 238.303 - Exterior calendar day mechanical inspection of passenger equipment 
        - 238.305 - Interior calendar day mechanical inspection of passenger cars
        - 238.307 - Periodic mechanical inspection of passenger cars and unpowered vehicles used in passenger trains
        - 238.309 - Periodic brake equipment maintenance
        - 238.311 - Single car test
        - 238.313 - Class I brake test 
        - 238.315 - Class IA brake test 
        - 238.317 - Class II brake test 
        - 238.319 - Running brake test  

Subpart A:
        - 238.15 -  Movement of passenger equipment with power brake defects 
        - 238.17 - Movement of passenger equipment with other than power brake defects 

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Class I Brake Test - 238.313Commuter and Short & Long Distance Intercity 
        - Each calendar day
        - Long-distance intercity passenger trains at departure or originating terminal each calendar day or 1500 miles of continuous service whichever occurs first
        - A long distance, intercity passenger train that misses a scheduled calendar day Class I brake test due to a delay en route may proceed to the point where the Class I brake test was scheduled to be performed. A Class I brake test shall be completed at that point prior to placing the train back in service
        - Special consideration given to late night commuter trains (see matrix)

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Refer to brake test matrix 

Class I is essentially a initial terminal brake test

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Class I Brake TestAdding Cars
        - Each passenger car or unpowered vehicle added to a passenger train shall receive a Class I or Class 1A brake test unless written notice is provided to train crew that a Class I brake test was performed on the car within the previous calendar day and the car has not been off a source of compressed air for more than four hours prior to being added to the train
        - The written notice shall contain the date, time and location of the last Class 1 brake test

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Class I Brake TestWho & How?
        - Class I brake test must be performed by a QMP
        - Class I brake test may be performed either separately or in conjunction with the exterior calendar day mechanical inspection
        - Class I brake test shall be performed at the air pressure at which the train will be operated, but not less than 90 psi
        - Unless the car or vehicle is moving under 238.15(b), 100 percent operative brakes are required on passenger trains receiving a Class I brake test
        - Brakes must be observed/inspected on both sides of car to verify application and release
        - Friction brakes must apply and remain applied until a release of the brakes has been initiated

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Class I Brake TestHow?

	Check;

Brake shoes or pads aligned correctly, proper thickness and firmly seated against the wheel or disc,

Piston travel or actuator (within prescribed limits),

Communication signal system or two-way radio tested for proper operation,

Engineer’s brake valve or controller for proper operation,

Brake pipe leakage does not exceed 5 psi per minute if brake pipe leakage will affect service performance,

Emergency control devices (e.g. deadman pedal) function as intended,

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Does the emergency control device place train in emergency?

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Class I Brake TestHow? - Continued

Angle and cut-out cocks properly positioned,

Brake rigging does not bind or foul,

Electropneumatic brakes function as intended verified by walking each car,

Brake disks are free from cracks that exceed manufacturers specifications,

Brake indicators if so equipped operate as intended,

Brake pipe pressure changes are verified at the rear of the train.

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Class I Brake TestRecords
        - A written or electronic record shall be maintained of each Class I brake test performed and be provided to FRA upon request
        - This record shall be maintained at the place where the inspection is conducted or at one central location and shall be retained for at least 92 days.
        - The record must contain the following information;

The date and time that the Class I brake test was performed,

The location where the test was performed,

The identification number of the controlling locomotive of the train,

The total number of cars inspected during the test, and

The signature or electronic identification of the inspector.

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Class IA Brake Test - 238.315 When?
        - Prior to the first morning departure of each commuter or short-distance intercity passenger train unless a Class I brake test was performed in the previous 12 hours and the train has not been used in passenger service since the performance of the Class I brake test, and the train has not been off a source of compressed air for more than four hours since the Class I brake test was performed
        - Commuter or short-distance intercity passenger trains providing continuous late night service that began prior to midnight may forgo an additional brake test.  However, trains in this type service shall receive Class I or Class IA brake test before starting a new daily operating cycle 
        - If a Class IA brake test is performed at the start of the new daily operating cycle, the train must receive a Class I brake test at some point during the current calendar day 

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Refer to brake test matrix

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Class IA Brake TestWho & How
        - Class IA brake test must be performed by a QP or QMP
        - Class IA brake test shall be performed at the air pressure at which the train will be operated
        - Unless the car or vehicle is moving under 238.15 (b),  100 percent operative brakes are required on passenger trains receiving a Class IA brake test
        - Each brake must be observed/inspected to verify application and release if the railroad determines that the procedure is safe
        - If not safe, brake indicators may be used to determine the set and release on cars so equipped, but observation must be made by walking the train

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Class IA Brake TestHow?

	Check;

Brake pipe leakage does not exceed 5 pounds per square inch per minute if brake pipe leakage will affect service performance,

Each brake sets and releases by inspecting in the manner previously described,

On MU equipment, the emergency brake application and the deadman pedal or other emergency control devices function as intended,

Each angle cock and cutout cock is properly set,

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Class IA Brake TestHow? - Continued

The communication of brake pipe pressure changes at the rear of the train is verified, which may be accomplished by observation of an application and release of the brakes on the last car in the train, and

Communication signal system or two-way radio tested for proper operation.

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Class II Brake Test – 238.317When?
        - All passenger trains whenever the control stand used to control the train is changed prior to the train's departure from the terminal complex with passengers
        - Prior to the first mornings departure of each commuter or short-distance intercity passenger train where the Class I brake test remains valid
        - Cars that have received a Class I brake test the previous calendar day, have not been off a source of compressed air for more then four hours and are added to a train
        - Cars or equipment are removed from a train
        - When operator first takes charge of train except in cases of face to face relief

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Class II Brake TestWho & How?
        - Class II brake test must be performed by a QP or QMP
        - Except as provided in 238.15, a railroad shall not use or haul a passenger train in passenger service from a terminal or yard where a Class II brake test has been performed, or was required by this part to have been performed, with any of the brakes cut-out, inoperative, or defective

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Class II Brake TestHow? 

	Check;
        - The brakes apply and release at the rear of the train in response to signal from engineer’s brake valve or controller from leading or controlling unit, or a gauge or similar device at the rear of train or cab or the rear unit indicating brake pipe pressure changes,
        - On MU equipment, the emergency brake application and deadman pedal or other emergency control devices function as intended,
        - Communication signal system or two-way radio tested for proper operation.

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Running Brake Test – 238.319When?
        - After all passenger train departures as soon as conditions safely permit
        - All passenger trains whenever the control stand used to control the train is changed within a terminal complex and train is not in passenger service

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Running Brake TestHow?
        - The running brake test shall be conducted in accordance with the railroad's established operating rules, and shall be made by applying brakes in a manner that allows the engineer to ascertain whether the brakes are operating properly
        - If the engineer determines that the brakes are not operating properly, the engineer shall stop the train and follow the procedures provided in 238.15.

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Passenger Brake Test Discussion

	Refer to matrices

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Movement for Repair

	Two provisions for the movement of defective equipment;

Movement for repair with power brake defects – 238.15

Movement for repair with other than power brake defects – 238.17
        - Both provisions have limitations and conditions that must be followed in order for movement to be allowed without civil penalty liability
        - Both provisions essentially apply to Tier I equipment (certain sections of provisions apply to Tier II and are incorporated by reference, see 238.503 (e) & (f)) 
        - Railroad not relieved of liability in the event of death or injury to railroad employee arising from movement of defective equipment referred to above
        - Equipment defective under Part 229 used in passenger service will also be subject to restrictions imposed under Part 229.9  

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20303 (c) Liability.--The movement of a vehicle under this section is at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising from the movement of a vehicle with equipment that is defective, insecure, or not maintained in compliance with this chapter.

ASK TOM TO SPEAK ABOUT RESPONDSIBILITY FOR COMPLIANCE 238.9, e.g. Strict Liability vs. Reasonable Man Standard

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 Movement for Repair withPower Brake Defects – 238.15

	At the time  a Class I or Class IA brake test is performed movement may occur without civil penalty liability provided the following conditions are met;
        - Train moved for repair without passengers,
        - Applicable operating restrictions based on percent of operative brakes in train, 
        - Defective equipment properly tagged or information recorded via automated tracking system,
        - Train moved without passengers for scrapping or sale, at speeds of 15 mph or less, and in accordance with railroad’s air brake or power brake instructions.

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Power Brake Defects - Enroute

	Enroute, after Class I or Class IA brake test is performed movement may occur without civil penalty liability provided the following conditions are met;
        - The brakes were operative at the Class I or Class IA brake test and became defective enroute
        - Applicable operating restrictions based on percent of operative brakes in train
        - Defective equipment properly tagged or information recorded via automated tracking system

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Power Brake Defects - Enroute Continued
        - If the en route power brake defect causes the brake to be inoperative or cut-out, then the percentage of operative brakes on the train must be calculated. 
        - Notify dispatcher of the percentage of operative brakes in train and movement restrictions
        - Notify mechanical department of the failure 
        - Confirm the percentage of operative brakes by performing a walking inspection at the next location where the railroad reasonably judges that it is safe to do so

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Tagging or Record of Defective Equipment

	Power Brake Defects
        - Tag or card must be placed on the car at the time the defect is discovered and appear on both sides of the defective equipment.  In lieu of a tag or card, the railroad may use an automated tracking system.  In either case, the following information must be recorded on the record;

 The reporting mark and car or locomotive number,

 The name of inspection railroad,

 The name of inspector,

 The inspection location and date,

The nature of each defect,

The destination of defective equipment (repair point),

The signature, if possible, and job tile of the person reporting the defective condition.

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Automated Tracking System
        - Must be accessible for review at anytime  by FRA or railroad employees
        - Automated system must be secure, contain the information from the previous slide, adequately track and monitor the movement of defective equipment
        - Failure to comply with these requirements could lead to FRA revoking the railroads option of using an automated tracking system

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Last bullet – if revoked it’s done in writing and will state the basis for the action.  Probably something that will be processed by HQ.

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Operating RestrictionsDefective Brakes
        - Varies depending on total number of operative brakes in train and type of train
        - Operating restrictions required in order for movement to made without civil penalty liability

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Computation of Percent Operative Brakes
        - A train equipped with disc brakes only, or with a combination of disc and tread braking units, determine percentage of operative power brakes in train by dividing the number of axles with operative brakes by total number of axles.
        - For trains equipped only with tread braking units (TBUs), divide number of operative TBUs by total number of TBUs
        - Each cut-out axle on a locomotive that weighs more than 200,000 pounds shall be counted as two cut-out axles for the purposes of calculating the percentage of operative brake

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Disk and Tread Brakes

	If an axle is equipped with both disk and tread brakes, and if either disk or tread brake is inoperative, that axle is considered to have inoperative brakes.  

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Other Brake Defects 

	The following brake defects should not be considered when calculating percentage of operative brakes in a train; 
        - Failure or cutting out secondary brake systems,
        - Handbrakes or parking brakes,
        - Excessive piston travel that does not render brakes ineffective,
        - Brakes overdue for inspection, testing, maintenance, or stenciling.

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Operating RestrictionsAll Passenger Trains

	All passenger trains developing 50 to 74 percent operative power brakes may be used only as follows;

The train may be moved in passenger service only to the next forward passenger station,

The speed of the train shall be restricted to 20 mph or less, and

After all passengers are discharged, the defective equipment shall be moved to the nearest location where the necessary repairs can be made.

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Operating Restrictions 75 to 84 Percent Operative Brakes 

	Commuter, short-distance intercity, and short-distance Tier II passenger trains with 75 to 84 percent operative brakes must;

Reduce train’s maximum allowable speed by 50 percent or 40 mph, whichever is less,

Moved to next forward location where repair can be made,

If passenger safety is at risk, move the train to the next forward passenger station where passengers can be safely unloaded,

After passengers are discharged, train must be moved to nearest location for repair.

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The train may be moved in passenger service only to the next forward location where the necessary repairs can be made; however, if the next forward location where the necessary repairs can be made does not have the facilities to handle the safe unloading of passengers, the train may be moved past the repair location in service only to the next forward passenger station in order to facilitate the unloading of passengers;

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Operating Restrictions 85 to 99 Percent Operative Brakes 

	Commuter, short-distance intercity, and short-distance Tier II Passenger trains with 85 to 99 percent operative brakes must;

Moved to next forward location where repair can be made,

If passenger safety is at risk, the train may move to the next forward passenger station where passengers can be safely unloaded,

After passengers are discharged, train must be moved to nearest location for repair.

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The train may be moved in passenger service only to the next forward location where the necessary repairs can be made; however, if the next forward location where the necessary repairs can be made does not have the facilities to handle the safe unloading of passengers, the train may be moved past the repair location in service only to the next forward passenger station in order to facilitate the unloading of passengers; and

238.15(d)(3)(ii)(B)

After all passengers are discharged, the defective equipment shall be moved to the nearest location where the necessary repairs can be made.

238.15(d)(4)

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Operating Restrictions

	Long distance intercity passenger trains with 75 to 84 percent operative brakes must;

Reduce train’s maximum allowable speed by 50 percent or 40 mph, whichever is less,

Moved to next designated forward location where repair can be made,

If passenger safety is at risk, move the train to the next forward passenger station where passengers can be safely unloaded,

After passengers are discharged, train must be moved to nearest location for repair.

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Sunset Limited, etc.

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Operating Restrictions

	Long distance intercity passenger trains with 85 to 99 percent operative brakes must;

Moved to next designated  forward location where repair can be made,

If passenger safety is at risk, move the train to the next forward passenger station where passengers can be safely unloaded,

After passengers are discharged, train must be moved to nearest location for repair.

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Operating RestrictionsAll Passenger Trains

 	All passenger trains with completely inoperative power brakes on the front or rear unit and the handbrake is located inside the car, the following conditions apply;

Qualified person must be stationed at handbrake,

Car must be locked-out & empty (no passengers),

Appropriate speed restrictions must be placed on train by qualified person.

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Operating RestrictionsAll Passenger Trains

 	All passenger trains with completely inoperative power brakes on the front or rear unit and the handbrake is located outside the car or otherwise inaccessible , the following conditions apply;

Car must be locked-out & empty (no passengers),

Train shall be operated at restricted speed not to exceed 20 mph,

The car shall be removed from the train or repositioned in the train at the first location where it is possible to do so.

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Movement of Defective Equipment Discussion

	Refer to matrices 

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End of Module 5

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