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until it has been inspected by a carman certificated
under this section and its safety has been subse-
quently certified in writing by that carman. A safety
certification made under this subparagraph may be
made conditional on the locomotive, railroad car, or
train being repaired at the first practical oppor-
tunity.
‘‘(2) BY A SIGNALMAN.—(A) No signal system
shall be used to signal that a train may proceed or
to control the movement of automobiles at grade
crossings unless its safety has been certified in writ-
ing within the past year by a signalman certificated
under this section.
‘‘(B) No signal system shall be used to signal
that a train may proceed or to control the movement
of automobiles at grade crossings after that signal
system has been repaired or reported to have a de-
fect potentially affecting safety until it has been in-
spected by a signalman certificated under this sec-
tion and its safety has been subsequently certified in
writing by that signalman.
‘‘(3) BY A TRACK INSPECTOR.—(A) No track
shall be used to operate locomotives, railroad cars,
or trains unless the safety of that track has been
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certified in writing within the past year by a track
inspector certificated under this section.
‘‘(B) No track shall be used after it has been
repaired or reported to have a defect potentially af-
fecting safety until it has been inspected by a track
inspector certificated under this section and its safe-
ty for its anticipated use has been subsequently cer-
tified in writing by that track inspector.
‘‘(h) AUTHORITY TO REFUSE TO OPERATE TRAINS
OR LOCOMOTIVES.—A locomotive engineer may refuse to
operate a train or locomotive if that locomotive engineer
is not satisfied that the train or locomotive can be oper-
ated safely.
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘carman’ means a railroad em-
ployee who inspects, tests, maintains, and repairs
brakes, other mechanical systems and components,
and safety appliances on railroad cars or loco-
motives;
‘‘(2) the term ‘conductor’ means a railroad road
or yard employee who is in charge of a train’s pas-
sengers or freight;
‘‘(3) the term ‘dispatcher’ means an operator,
train dispatcher, supervisory train dispatcher, power
director, or other train employee who—
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‘‘(A) by the use of an electrical or mechan-
ical device dispatches, reports, transmits, re-
ceives, or delivers orders related to or affecting
train movements;
‘‘(B) directly supervises an employee who
carries out responsibilities described in subpara-
graph (A); or
‘‘(C) dispatches trains through control of
third rail or pantographic electrical power;
‘‘(4) the term ‘locomotive engineer’ means an
operator of a locomotive other than—
‘‘(A) a person who operates a locomotive
solely within the confines of a locomotive repair
or servicing area; and
‘‘(B) a person who operates a locomotive
for short distances for inspection and mainte-
nance purposes;
‘‘(5) the term ‘signalman’ means a railroad em-
ployee who installs, repairs, and maintains signal
systems;
‘‘(6) the term ‘track inspector’ means a railroad
employee whose sole responsibility is to inspect
track, report on its condition, and authorize its use
by locomotives, railroad cars, and trains; and
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‘‘(7) the term ‘trainman’ means a railroad road
or yard employee who is under the supervision of a
conductor.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 20135 in the table of sections for chapter 201
of title 49, United States Code, is amended to read as
follows:
‘‘20135. Certification of locomotive engineers and other safety-related railroad
personnel.’’.
(c) EFFECT OF AMENDMENT.—Notwithstanding the
amendment made by subsection (a), the requirements for
licensing or certification of locomotive operators under sec-
tion 20135 of title 49, United States Code, as in effect
before the date of the enactment of this Act, shall continue
in effect until the program established under the amend-
ment made by subsection (a) takes effect.
SEC. 503. COMMUNICATIONS DEVICES.
(a) AMENDMENT.—Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the
end the following new section:
‘‘§ 20154. Communications devices
‘‘(a) REQUIRED EQUIPMENT.—Each—
‘‘(1) locomotive or cab-forward passenger car
from which a train is operated; and
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‘‘(2) roadway work group or lone roadway
worker, when working along a railroad’s right-of-
way,
shall be equipped with an operational radio or other device
that permits 2-way communication with the railroad’s dis-
patcher or other supervisory official who is able to commu-
nicate with the railroad’s locomotive operators and road-
way workers.
‘‘(b) OPERABILITY.—A train may not leave its initial
terminal, and a roadway work group or lone roadway
worker may not leave their base of operations, without—
‘‘(1) an operable device described in subsection
(a); and
‘‘(2) a backup operable device described in sub-
section (a) for use in the event that the device de-
scribed in paragraph (1) of this subsection fails to
operate.
If either such device becomes inoperable after leaving the
initial terminal, such device shall be promptly repaired or
replaced.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘roadway work group’ means 2 or
more roadway workers working together on a com-
mon task who are in direct communication with each
other; and
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‘‘(2) the term ‘roadway worker’ means an em-
ployee of a railroad, or of a contractor to a railroad,
including a maintenance-of-way worker or a signal-
man, who is working on or near railroad track.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the follow-
ing new item:
‘‘20154. Communications devices.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 6 months after the date of
the enactment of this Act.
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