1、181 Federal Railroad Administration, DOT Pt. 215 Section Violation Willful (c) New machine not equipped with accurate speed indicator, as required. . 2,500 5,000 (d) As-built light weight not conspicuously displayed on new machine . 2,500 5,000 214.509 Required visual illumination and reflective dev
2、ices for new on-track roadway mainte-nance machines . 2,500 5,000 214.511 Required audible warning devices for new on-track roadway maintenance machines . 5,000 10,000 214.513 Retrofitting of existing on-track roadway maintenance machines; general: (a) Failure to provide safe and secure position and
3、 protection from moving parts 2,000 4,000 inside cab for each roadway worker transported on machine . 5,000 10,000 (b) Horn or other audible warning device is missing, inoperable, or has non-compliant trig-gering mechanism . 2,500 5,000 (c) Illumination device or portable light missing, inoperable,
4、improperly secured, or incapa-ble of illuminating track as required 2,500 5,000 214.515 Overhead covers for existing on-track roadway maintenance machines: (a) Failure to repair, reinstall, or maintain overhead cover as required . 5,000 10,000 (b) Failure to provide written response to operators req
5、uest within 60 days 2,000 4,000 214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after January 1, 1991: (a) Failure to equip machine with change-of-direction alarm or rearward viewing device. . 5,000 10,000 (b) Failure to equip machine with operative heater 5
6、,000 10,000 (c) Failure to display light weight of machine as required . 2,500 5,000 (d) Failure to equip machine with reflective material, reflective device, or operable brake lights 5,000 10,000 (e) Failure to install or replace safety glass as required 5,000 10,000 (f) Failure to equip machine wi
7、th turntable restraint device or warning light as required 5,000 10,000 214.518 Safe and secure position for riders 5,000 10,000 214.519 Floors, decks, stairs, and ladders for on-track roadway maintenance machines 5,000 10,000 214.521 Flagging equipment for on-track roadway maintenance machines and
8、hi-rail vehicles 2,500 5,000 214.523 Hi-rail vehicles: (a) Failure to inspect hi-rail gear annually 5,000 10,000 (b) Failure to maintain inspection record or make record available to FRA 2,000 4,000 (c) Failure to equip new hi-rail vehicle with alarm and light or beacon as required 2,500 5,000 (d)(2
9、) Failure of operator to tag, date or report non-complying condition 2,000 4,000 (d)(3) Failure to repair or replace non-complying alarms, lights or beacons as required . 2,500 5,000 214.525 Towing with on-track roadway maintenance machines or hi-rail vehicles . 5,000 10,000 214.527 On-track roadway
10、 maintenance machines; inspection for compliance and schedule for repairs: (a) Failure of operator to check on-track roadway maintenance machine for compliance 2,000 4,000 (b) Failure of oeprator to tag, date, or report noncomplying condition 2,000 4,000 (c)(1)(4) Failure to meet requirements for op
11、erating on-track roadway maintenance ma-chine with non-complying headlights, work lights, horn, fire extinguisher, alarm, warning light, or beacon 2,500 5,000 (c)(5) Failure to repair or replace defective or missing operators seat within required time period . 5,000 10,000 214.529 In-service failure
12、 of primary braking system 5,000 10,000 214.531 Schedule of repairs; general 2,500 5,000 214.533 Schedule of repairs subject to availability of parts: (a)(c) Failure to order necessary part(s), make repair(s), or remove on-track roadway maintenance machine or hi-rail vehicle from service as required
13、 2,500 5,000 (d) Failure to maintain record or make record available to FRA . 2,000 4,000 1A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CF
14、R part 209, appendix A. 57 FR 28127, June 24, 1992, as amended at 61 FR 65981, Dec. 16, 1996; 63 FR 11620, Mar. 10, 1998; 68 FR 44412, July 28, 2003; 69 FR 8839, Feb. 26, 2004; 69 FR 30593, May 28, 2004; 73 FR 79701, Dec. 30, 2008 PART 215RAILROAD FREIGHT CAR SAFETY STANDARDS Subpart AGeneral Sec. 2
15、15.1 Scope of part. 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. Subpart BFreight Car Components 215.101 Scope. SUSPENSION SYSTEM 215.103 Defective
16、wheel. 215.105 Defective axle. 215.107 Defective plain bearing box: General. 215.109 Defective plain bearing box: Journal lubrication system. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNo
17、t for ResaleNo reproduction or networking permitted without license from IHS-,-,-182 49 CFR Ch. II (10110 Edition) 215.1 215.111 Defective plain bearing. 215.113 Defective plain bearing wedge. 215.115 Defective roller bearing. 215.117 Defective roller bearing adapter. 215.119 Defective freight car t
18、ruck. CAR BODIES 215.121 Defective car body. DRAFT SYSTEM 215.123 Defective couplers. 215.125 Defective uncoupling device. 215.127 Defective draft arrangement. 215.129 Defective cushioning device. Subpart CRestricted Equipment 215.201 Scope. 215.203 Restricted cars. Subpart DStenciling 215.301 Gener
19、al. 215.303 Stenciling of restricted cars. 215.305 Stenciling of maintenance-of-way equipment. APPENDIX A TO PART 215RAILROAD FREIGHT CAR COMPONENTS APPENDIX B TO PART 215SCHEDULE OF CIVIL PENALTIES APPENDIX C TO PART 215FRA FREIGHT CAR STANDARDS DEFECT CODE APPENDIX D TO PART 215PRE-DEPARTURE IN-SP
20、ECTION PROCEDURE AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 44 FR 77340, Dec. 31, 1979, unless otherwise noted. Subpart AGeneral 215.1 Scope of part. This part prescribes minimum Fed-eral safety standards for railroad freight cars. 215.3 Application. (a) Except
21、 as provided in paragraphs (b) and (c) of this section, this part ap-plies to each railroad freight car in service on: (1) Standard gage track of a railroad; or (2) Any other standard gage track while the car is being operated by, or is otherwise under the control of, a rail-road. (b) Sections 215.1
22、5 and 215.303 of this part do not apply to any car: (1) Owned by a Canadian or Mexican Railroad; and (2) Having a Canadian or Mexican re-porting mark and car number. (c) This part does not apply to a rail-road freight car that is: (1) Operated solely on track inside an industrial or other non-railro
23、ad instal-lation; or (2) Used exclusively in dedicated service as defined in 215.5(d) of this part; or (3) Maintenance-of-way equipment (including self-propelled maintenance- of-way equipment) if that equipment is not used in revenue service and is sten-ciled in accordance with 215.305 of this part.
24、 (4) Operated in a passenger train and that is inspected, tested, maintained, and operated pursuant to the require-ments contained in part 238 of this chapter. 44 FR 77340, Dec. 31, 1979, as amended at 65 FR 41305, July 3, 2000 215.5 Definitions. As used in this part: (a) Break means a fracture resu
25、lting in complete separation into parts; (b) Cracked means fractured without complete separation into parts, except that castings with shrinkage cracks or hot tears that do not significantly di-minish the strength of the member are not considered to be cracked; (c) Railroad freight car means a car d
26、esigned to carry freight, or railroad personnel, by rail and includes a: (1) Box car; (2) Refrigerator car; (3) Ventilator car; (4) Stock car; (5) Gondola car; (6) Hopper car; (7) Flat car; (8) Special car; (9) Caboose car; (10) Tank car; and (11) Yard car. (d) Dedicated service means the exclu-sive
27、 assignment of cars to the trans-portation of freight between specified points under the following conditions: (1) The cars are operated (i) Primarily on track that is inside an industrial or other non-railroad in-stallation; and (ii) Only occasionally over track of a railroad; (2) The cars are not
28、operated VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-183 Federal Railroad Administration, DOT 215.9 (i) A
29、t speeds of more than 15 miles per hour; and (ii) Over track of a railroad (A) For more than 30 miles in one di-rection; or (B) On a round trip of more than 60 miles; (3) The cars are not freely inter-changed among railroads; (4) The words Dedicated Service are stenciled, or otherwise displayed, in
30、clearly legible letters on each side of the car body; (5) The cars have been examined and found safe to operate in dedicated serv-ice; and (6) The railroad must (i) Notify the FRA in writing that the cars are to be operated in dedicated service; (ii) Identify in that notice (A) The railroads affecte
31、d; (B) The number and type of cars in-volved; (C) The commodities being carried; and (D) The territorial and speed limits within which the cars will be operated; and (iii) File the notice required by this paragraph not less than 30 days before the cars operate in dedicated service; (e) In service wh
32、en used in connection with a railroad freight car, means each railroad freight car subject to this part unless the car: (1) Has a bad order or home shop for repairs tag or card containing the prescribed information attached to each side of the car and is being han-dled in accordance with 215.9 of th
33、is part; (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 re-ceiving carrier. (f) Railroad means all forms of non- highway ground transportation that run on rails or electromagnetic guide-w
34、ays, including (1) commuter or other short-haul rail passenger service in a metropolitan or suburban area, and (2) high speed ground transportation sys-tems that connect metropolitan areas, without regard to whether they use new technologies not associated with traditional railroads. Such term does
35、not include rapid transit operations within an urban area that are not con-nected to the general railroad system of transportation. (g) State inspector means an inspector who is participating in investigative and surveillance activities under sec-tion 206 of the Federal Railroad Safety Act of 1970 (
36、45 U.S.C. 435). 44 FR 77340, Dec. 31, 1979, as amended at 45 FR 26710, Apr. 21, 1980; 54 FR 33228, Aug. 14, 1989 215.7 Prohibited acts. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the following: a railroad; a manager, supervisor, official, or other employ
37、ee 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 rail-road; and any employee of such owner, manufacturer, lessor, lessee, or inde-pendent contractor) who violates any require
38、ment of this part or causes the violation of any such requirement is subject to a civil penalty of at least $650 and not more than $25,000 per vio-lation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of
39、re-peated violations has created an immi-nent hazard of death or injury to per-sons, or has caused death or injury, a penalty not to exceed $100,000 per viola-tion may be assessed. Each day a viola-tion continues shall constitute a sepa-rate offense. See appendix B to this part for a statement of ag
40、ency civil penalty policy. 53 FR 28599, July 28, 1988, as amended at 53 FR 52925, Dec. 29, 1988; 63 FR 11620, Mar. 10, 1998; 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008 215.9 Movement of defective cars for repair. (a) A railroad freight car which has any compone
41、nt described as defective in this part may be moved to another location for repair only after the rail-road has complied with the following: (1) A person designated under 215.11 shall determine: VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 2202
42、15jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-184 49 CFR Ch. II (10110 Edition) 215.11 (i) That it is safe to move the car; and (ii) The maximum speed and other re-strictions necessary for safely con-ducting the
43、movement; (2)(i) The person in charge of the train in which the car is to be moved shall be notified in writing and inform all other crew members of the presence of the defective car and the maximum speed and other restrictions deter-mined under paragraph (a)(1)(ii) of this section. (ii) A copy of t
44、he tag or card de-scribed in paragraph (a)(3) of this sec-tion may be used to provide the notifi-cation required by paragraph (a)(2)(i) of this section. (3) A tag or card bearing the words bad order or home shop for repairs and containing the following informa-tion, shall be securely attached to eac
45、h side of the car (i) The reporting mark and car num-ber; (ii) The name of the inspecting rail-road; (iii) The inspection location and date; (iv) The nature of each defect; (v) Movement restrictions; (vi) The destination for shopping or repair; and (vii) The signature of a person des-ignated under 2
46、15.11. (b)(1) The tag or card required by paragraph (a)(3) of this section may only be removed from the car by a per-son designated under 215.11 of this part. (2) A record or copy of each tag or card attached to or removed from a car shall be retained for 90 days and, upon request, shall be made ava
47、ilable within 15 calendar days for inspection by FRA or State inspectors. (3) Each tag or card removed from a car shall contain a notification stating the date, location, reason for its re-moval, and the signature of the person who removed it from the car. These recordkeeping requirements have been
48、approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942. (c) Movement of a freight car under paragraph (a) of this section may be made only for the purpose of effecting repairs. If the car is empty, it may not be placed for loading. If the car is load-ed, i
49、t may not be placed for unloading unless unloading is consistent with de-terminations made and restrictions im-posed under paragraph (a)(1) of this section and (1) The car is consigned for a destina-tion on the line of haul between the point where the car was found defective and the point where repairs are made; or (2) Unloading is necessary for the safe repair of the car. (d) Nothing in this section authorizes the movement
