1、273 Federal Railroad Administration, DOT 220.2 PART 220RAILROAD COMMUNICATIONS Subpart AGeneral Sec. 220.1 Scope. 220.2 Preemptive effect. 220.3 Application. 220.5 Definitions. 220.7 Penalty. 220.8 Waivers. 220.9 Requirements for trains. 220.11 Requirements for roadway workers. 220.13 Reporting emer
2、gencies. Subpart BRadio and Wireless Communication Procedures 220.21 Railroad operating rules; radio com-munications; recordkeeping. 220.23 Publication of radio information. 220.25 Instruction and operational testing of employees. 220.27 Identification. 220.29 Statement of letters and numbers in rad
3、io communications. 220.31 Initiating a radio transmission. 220.33 Receiving a radio transmission. 220.35 Ending a radio transmission. 220.37 Testing radio and wireless commu-nication equipment. 220.38 Communication equipment failure. 220.39 Continuous radio monitoring. 220.41 Reserved 220.43 Radio c
4、ommunications consistent with federal regulations and railroad op-erating rules. 220.45 Radio communication shall be com-plete. 220.47 Emergency radio transmissions. 220.49 Radio communication used in shov-ing, backing or pushing movements. 220.51 Radio communications and signal in-dications. 220.61
5、 Radio transmission of mandatory di-rectives. Subpart CElectronic Devices 220.301 Purpose and application. 220.302 Operating rules implementing the requirements of this subpart. 220.303 General use of electronic devices. 220.305 Use of personal electronic devices. 220.307 Use of railroad-supplied el
6、ectronic devices. 220.309 Permitted uses; exceptions to other restrictions. 220.311 Railroad operating employees in deadhead status. 220.313 Instruction. 220.315 Operational tests and inspections; further restrictions on use of electronic devices. APPENDIX A TO PART 220RECOMMENDED PHONETIC ALPHABET
7、APPENDIX B TO PART 220RECOMMENDED PRO-NUNCIATION OF NUMERALS APPENDIX C TO PART 220SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 2010220103, 20107, 2130121302, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49. EFFECTIVE DATE NOTE: At 75 FR 59117, Sept. 27, 2010, the authority citation for part
8、 220 was revised, effective November 26, 2010. For the convenience of the user, the revised text is set forth as follows: AUTHORITY: 49 U.S.C. 2010220103, 20103, note, 20107, 2130121302, 2070120703, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 63 FR 47195, Sept. 4, 1998, unless other
9、wise noted. Subpart AGeneral 220.1 Scope. This part prescribes minimum re-quirements governing the use of wire-less communications in connection with railroad operations. So long as these minimum requirements are met, railroads may adopt additional or more stringent requirements. EFFECTIVE DATE NOTE
10、: At 75 FR 59601, Sept. 27, 2010, 220.1 was revised, effective March 28, 2011. For the convenience of the user, the revised text is set forth as follows: 220.1 Scope. This part prescribes minimum require-ments governing the use of wireless commu-nications in connection with railroad oper-ations. In
11、addition, this part sets forth pro-hibitions, restrictions, and requirements that apply to the use of personal and rail-road-supplied cellular telephones and other electronic devices. So long as these min-imum requirements are met, railroads may adopt additional or more stringent require-ments. 220.
12、2 Preemptive effect. Under 49 U.S.C. 20106 (formerly sec-tion 205 of the Federal Railroad Safety Act of 1970, 45 U.S.C. 434), issuance of the regulations in this part preempts any State law, rule, regulation, order, or standard covering the same subject matter, except a provision necessary to elimin
13、ate or reduce an essentially local safety hazard that is not incompatible with this part and that does not unrea-sonably burden interstate commerce. EFFECTIVE DATE NOTE: At 75 FR 59601, Sept. 27, 2010, 220.2 was removed, effective March 28, 2011. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 0000
14、0 Frm 00283 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-274 49 CFR Ch. II (10110 Edition) 220.3 220.3 Application. (a) Except as provided in paragraph (b) of this section
15、, this part applies to railroads that operate trains or other rolling equipment on standard gage track which is part of the general rail-road system of transportation. (b) This part does not apply to: (1) A railroad that operates only on track inside an installation which is not part of the general
16、railroad system of transportation; or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of trans-portation. 220.5 Definitions. As used in this part, the term: Adjacent tracks means two or more tracks with track centers spaced less than 25 feet apar
17、t. Control center means the locations on a railroad from which the railroad issues instructions governing railroad operations. Division headquarters means the loca-tion designated by the railroad where a high-level operating manager (e.g., a superintendent, division manager, or equivalent), who has
18、jurisdiction over a portion of the railroad, has an office. Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad, who is authorized by a railroad to use its wireless communications in connection with railroad operations. Immediate access to a radi
19、o means a radio on the employees person, or suf-ficiently close to the employee to allow the employee to make and receive radio transmissions. Joint operations means rail operations conducted by more than one railroad on the track of a railroad subject to the requirements of 220.9(a), except as nece
20、ssary for the purpose of inter-change. Locomotive means a piece of on-track equipment other than hi-rail, special-ized maintenance, or other similar equipment (1) With one or more propelling mo-tors designed for moving other equip-ment; (2) With one or more propelling mo-tors designed to carry freig
21、ht or pas-senger traffic, or both; or (3) Without propelling motors but with one or more control stands. Lone worker means an individual roadway worker who is not being af-forded on-track safety by another road-way worker, who is not a member of a roadway work group, and who is not engaged in a comm
22、on task with an-other roadway worker. Mandatory directive means any move-ment authority or speed restriction that affects a railroad operation. Railroad operation means any activity which affects the movement of a train, locomotive, on-track equipment, or track motor car, singly or in combina-tion w
23、ith other equipment, on the track of a railroad. Roadway worker means any employee of a railroad, or of a contractor to a railroad, whose duties include inspec-tion, construction, maintenance or re-pair of railroad track, bridges, road-way, signal and communication sys-tems, electric traction system
24、s, road-way facilities or roadway maintenance machinery on or near track or with the potential of fouling a track, and flagmen and watchmen/lookouts. System headquarters means the loca-tion designated by the railroad as the general office for the railroad system. Train means one or more locomotives
25、coupled with or without cars, requiring an air brake test in accordance with 49 CFR part 232 or part 238, except during switching operations or where the op-eration is that of classifying and as-sembling rail cars within a railroad yard for the purpose of making or breaking up trains. Working radio
26、means a radio that can communicate with the control center of the railroad (through repeater sta-tions, if necessary to reach the center) from any location within the rail sys-tem, except: (1) Tunnels or other localized places of extreme topography, and (2) Temporary lapses of coverage due to atmosp
27、heric or topographic condi-tions. In the case of joint operations on another railroad, the radio must be able to reach the control center of the host railroad. Working wireless communications means the capability to communicate with either a control center or the emergency responder of a railroad Ve
28、rDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-275 Federal Railroad Administration, DOT 220.5 through such mea
29、ns as radio, portable radio, cellular telephone, or other means of two-way communication, from any location within the rail sys-tem, except: (1) Tunnels or other localized places of extreme topography, and (2) Temporary lapses of coverage due to atmospheric or topographic condi-tions. In the case of
30、 joint operations on another railroad, the radio must be able to reach the control center of the host railroad. 63 FR 47195, Sept. 4, 1998, as amended at 65 FR 41305, July 3, 2000 EFFECTIVE DATE NOTE: At 75 FR 59601, Sept. 27, 2010, 220.5 was amended by revising the introductory text, and the defini
31、tion of Train adding definitions for Associate Administrator for Railroad Safety/Chief Safety Officer, Authorized business pur-pose, Earpiece, Electronic device, Fouling a track, FRA, In deadhead status, Medical device, Personal elec-tronic device, Railroad operating em-ployee, Railroad-supplied ele
32、ctronic de-vice, and Switching operation; and revis-ing, effective March 28, 2011. For the conven-ience of the user, the added and revised text is set forth as follows: 220.5 Definitions. As used in this part, the term * * * * * Associate Administrator for Railroad Safety/ Chief Safety Officer means
33、 either the Asso-ciate Administrator for Railroad Safety/ Chief Safety Officer, Federal Railroad Ad-ministration, 1200 New Jersey Ave., SE., Washington, DC 20590 or that persons dele-gate. Authorized business purpose means a pur-pose directly related to the tasks that a crewmember is expected to per
34、form during the current tour of duty as specified by the railroad in writing. * * * * * Earpiece means a small speaker that is in-serted in, or held next to, the ear for use in transmitting sounds related to an electronic device. Electronic device means an electronic or electrical device used to con
35、duct oral, writ-ten, or visual communication; place or re-ceive a telephone call; send or read an elec-tronic mail message or text message; look at pictures; read a book or other written mate-rial; play a game; navigate the Internet; navigate the physical world; play, view, or listen to a video; pla
36、y, view, or listen to a television broadcast; play or listen to a radio broadcast other than a radio broadcast by a railroad; play or listen to music; execute a computational function; or, perform any other function that is not necessary for the health or safety of the person and that en-tails the r
37、isk of distracting the employee or another railroad operating employee from a safety-related task. This term does not in-clude (1) Electronic control systems and infor-mation displays within the locomotive cab (whether the displays or systems be fixed or portable) or on a remote control transmitter
38、necessary to operate a train or conduct switching operations; or (2) A digital watch whose only purpose is as a timepiece. * * * * * Fouling a track means the placement of an individual in such proximity to a track that the individual could be struck by a moving train or other on-track equipment, or
39、 in any case is within four feet of the nearest rail. FRA means the Federal Railroad Adminis-tration. * * * * * In deadhead status means awaiting or in deadhead transport from one point to an-other as a result of a railroad-issued verbal or written directive. * * * * * Medical device means an instru
40、ment, appa-ratus, implement, machine, contrivance, im-plant, or other similar or related article (in-cluding a component part), or accessory that is intended for use in the diagnosis of disease or other conditions, or in the cure, mitiga-tion, treatment, or prevention of disease or other conditions.
41、 Personal electronic device means an elec-tronic device that was not provided to the railroad operating employee by the employ-ing railroad for a business purpose. Railroad operating employee means a person performing duties subject to (1) An individual engaged in or connected with the movement of a
42、 train, including a hostler, as defined in 49 U.S.C. 21101(5), who is subject to 49 U.S.C. 21103 effective July 16, 2009; (2) A train employee providing commuter rail passenger transportation or intercity rail passenger transportation as defined in 49 U.S.C. 24102 who, pursuant to 49 U.S.C. 21102(c)
43、, is subject to 49 U.S.C. 21103 as it was in effect on October 15, 2008; or VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00285 Fmt 8010 Sfmt 8003 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licens
44、e from IHS-,-,-276 49 CFR Ch. II (10110 Edition) 220.7 (3) An individual subject to any Federal Railroad Administration regulations pre-scribed pursuant to 49 U.S.C. 21109 governing the hours of service of train employees. * * * * * Railroad-supplied electronic device means an electronic device prov
45、ided to a railroad oper-ating employee by the employing railroad for an authorized business purpose. A rail-road-supplied device will be considered a per-sonal electronic device when it is being used by the employee for a purpose other than an authorized business purpose. * * * * * Switching operati
46、on means the classifica-tion of rail cars according to commodity or destination; assembling of cars for train movements; changing the position of cars for purposes of loading, unloading, or weighing; placing of locomotives and cars for repair or storage; or moving of rail equipment in con-nection wi
47、th work service that does not con-stitute a train movement. * * * * * Train, for purposes of subparts A and B of this part, means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with 49 CFR part 232 or part 238, except during switching operations or wh
48、ere the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains. The term, for purposes of subpart C of this part, means (1) A single locomotive, (2) Multiple locomotives coupled together, or (3) One or more locomotives coupled
49、 with one or more cars. * * * * * 220.7 Penalty. Any person (including but not lim-ited to a railroad; any manager, super-visor, official, or other employee or agent of a railroad; any owner, manu-facturer, 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,
