1、345 Federal Railroad Administration, DOT 223.5 Section Violation Willful violation Subpart BUse of Locomotive Horns 222.21 Use of locomotive horn (a) Failure to sound horn at grade crossing . $5,000 $7,500 Failure to sound horn in proper pattern 1,000 3,000 (b) Failure to sound horn at least 15 seco
2、nds and less than 14-mile before crossing 5,000 7,500 Sounding the locomotive horn more than 25 seconds before crossing . 1,000 2,000 Sounding the locomotive horn more than 14-mile in advance of crossing 1,000 2,000 222.33 Failure to sound horn when conditions of 222.33 are not met 5,000 7,500 222.4
3、5 Routine sounding of the locomotive horn at quiet zone crossing 5,000 7,500 222.49 (b) Failure to provide Grade Crossing Inventory Form information 2,500 5,000 222.59 (d) Routine sounding of the locomotive horn at a grade crossing equipped with wayside horn 5,000 7,500 1A penalty may be assessed ag
4、ainst 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 CFR part 209, appendix A. 71 FR 47634, Aug. 17, 2006, as amended at 73 FR 79702, Dec. 30, 2008. Redesignated at 74 FR 463
5、94, Sept. 9, 2009 PART 223SAFETY GLAZING STANDARDSLOCOMOTIVES, PASSENGER CARS AND CA-BOOSES Subpart AGeneral Sec. 223.1 Scope. 223.3 Application. 223.5 Definitions. 223.7 Responsibility. Subpart BSpecific Requirements 223.8 Additional requirements for passenger equipment. 223.9 Requirements for new
6、or rebuilt equip-ment. 223.11 Requirements for existing loco-motives. 223.13 Requirements for existing cabooses. 223.15 Requirements for existing passenger cars. 223.17 Identification of equipped loco-motives, passenger cars and cabooses. APPENDIX A TO PART 223CERTIFICATION OF GLAZING MATERIALS APPE
7、NDIX B TO PART 223SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 2010220103, 20133, 2070120702, 2130121302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49. Subpart AGeneral 223.1 Scope. This part provides minimum require-ments for glazing materials in order to protect railroad employees and rail-roa
8、d passengers from injury as a result of objects striking the windows of loco-motives, caboose and passenger cars. 44 FR 77352, Dec. 31, 1979 223.3 Application. (a) This part applies to railroads that operate rolling equipment on standard gauge track that is a part of the gen-eral railroad system of
9、transportation. (b) This part does not apply to (1) Locomotives, cabooses, and pas-senger cars that operate only on track inside an installation that is not part of the general railroad system of trans-portation; (2) Rapid transit operations in an urban area that are not connected with the general r
10、ailroad system of trans-portation. (3) Locomotives, passenger cars and cabooses that are historical or anti-quated equipment and are used only for excursion, educational, recreational purposes or private transportation pur-poses. (4) Locomotives that are used exclu-sively in designated service as de
11、fined in 223.5(m). 44 FR 77352, Dec. 31, 1979, as amended at 53 FR 28600, July 28, 1988 223.5 Definitions. As used in this part Administrator means the Adminis-trator of the Federal Railroad Admin-istration or the Administrators dele-gate. Caboose means a car in a freight train intended to provide t
12、ransportation for crewmembers. Certified glazing means a glazing ma-terial that has been certified by the VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo
13、rking permitted without license from IHS-,-,-346 49 CFR Ch. II (10110 Edition) 223.5 manufacturer as having met the test-ing requirements set forth in Appendix A of this part and that has been in-stalled in such a manner that it will perform its intended function. Designated service means exclusive
14、op-eration of a locomotive under the fol-lowing conditions: (1) The locomotive is not used as an independent unit or the controlling unit is a consist of locomotives except when moving for the purpose of serv-icing or repair within a single yard area; (2) The locomotive is not occupied by operating
15、or deadhead crews outside a single yard area; and (3) The locomotive is stenciled Des-ignated ServiceDO NOT OCCUPY. Emergency window means the seg-ment of a side-facing glazing panel that has been designed to permit rapid and easy removal from inside a pas-senger car in an emergency situation. End f
16、acing glazing location means any location where a line perpendicular to the plane of the glazing material makes a horizontal angle of 50 degrees or less with the centerline of the loco-motive, caboose or passenger car. Any location which, due to curvature of the glazing material, can meet the criter
17、ia for either a front facing location or a side facing location shall be considered a front facing location. FRA means the Federal Railroad Ad-ministration. Locomotive means a self-propelled unit of equipment designed primarily for moving other equipment. It does not include self-propelled passenger
18、 cars. Locomotive cab means that portion of the superstructure designed to be occu-pied by the crew while operating the locomotive. Passenger car means a unit of rail rolling equipment intended to provide transportation for members of the gen-eral public and includes self-propelled cars designed to
19、carry baggage, mail, express or passengers. This term in-cludes a passenger coach, cab car, and an MU locomotive. This term does not include a private car. Person includes all categories of enti-ties covered under 1 U.S.C. 1, including, but not limited to, a railroad; any manager, supervisor, offici
20、al, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facili-ties; any passenger, any trespasser or nontrespasser; any independent con-tractor providing goods or services to a railroad; and any employee of such owner, manufacturer,
21、lessor, lessee, or independent contractor. Railroad means: (1) Any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including (i) Commuter or other short-haul rail passenger service in a metropolitan or suburban area and commuter railroad service that was op
22、erated by the Con-solidated Rail Corporation on January 1, 1979, and (ii) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not asso-ciated with traditional railroads, but does not include rapid transit oper-ations
23、in an urban area that are not connected to the general railroad sys-tem of transportation and (2) A person that provides railroad transportation, whether directly or by contracting out operation of the rail-road to another person. Rebuilt locomotive, caboose or passenger car means a locomotive, cabo
24、ose or passenger car that has undergone over-haul which has been identified by the railroad as a capital expense under Surface Transportation Board account-ing standards. Side facing glazing location means any location where a line perpendicular to the plane of the glazing material makes an angle of
25、 more than 50 degrees with the centerline of the locomotive, caboose or passenger car. Windshield means the combination of individual units of glazing material of the locomotive, passenger car, or ca-boose that are positioned in an end fac-ing glazing location. Yard is a system of auxiliary tracks u
26、sed exclusively for the classification of passenger or freight cars according to commodity or destination; assem-bling of cars for train movement; stor-age of cars; or repair of equipment. Yard caboose means a caboose that is used exclusively in a single yard area. VerDate Mar2010 09:47 Dec 14, 2010
27、 Jkt 220215 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-347 Federal Railroad Administration, DOT 223.11 Yard locomotive means a locomotive that is oper
28、ated only to perform switching functions within a single yard area. 63 FR 24675, May 4, 1998; 63 FR 36376, July 6, 1998, as amended at 73 FR 6399, Feb. 1, 2008 223.7 Responsibility. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the following: a railroad; a
29、manager, supervisor, official, or other employee 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 ind
30、e-pendent contractor) who violates any requirement 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
31、a grossly negligent violation or a pattern of 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
32、 appendix B to this part for a statement of agency civil penalty policy. 53 FR 28601, July 28, 1988, as amended at 53 FR 52930, Dec. 29, 1988; 63 FR 11621, Mar. 10, 1998; 69 FR 30595, May 28, 2004; 72 FR 51197, Sept. 6, 2007; 73 FR 79702, Dec. 30, 2008 Subpart BSpecific Requirements 223.8 Additional
33、 requirements for passenger equipment. In addition to the requirements con-tained in this part, requirements for emergency window exits and window safety glazing on passenger equipment, as defined in 238.5 of this chapter, are also found in part 238 of this chapter. 64 FR 25659, May 12, 1999 223.9 R
34、equirements for new or re-built equipment. (a) Locomotives, including yard loco-motives, built or rebuilt after June 30, 1980, must be equipped with certified glazing in all locomotive cab windows. (b) Cabooses, including yard ca-booses, built or rebuilt after June 30, 1980, must be equipped with ce
35、rtified glazing in all windows. (c) Passenger cars, including self-pro-pelled passenger cars, built or rebuilt after June 30, 1980, must be equipped with certified glazing in all windows and at least four emergency windows. 44 FR 77352, Dec. 31, 1979, as amended at 45 FR 49271, July 24, 1980; 63 FR
36、24675, May 4, 1998; 73 FR 6399, Feb. 1, 2008 223.11 Requirements for existing lo-comotives. (a) Locomotives, other than yard lo-comotives, built or rebuilt prior to July 1, 1980, which are equipped in the forward and rearward end facing glaz-ing locations of the locomotive cab windshield with a glaz
37、ing material that meets the criteria for either portion of the impact testing required for a Type I test under the provisions of appendix A of this part, will not require the in-stallation of certified glazing in the windshield location except to replace windshield glazing material that is bro-ken o
38、r damaged. (b) Locomotives, other than yard lo-comotives, built or rebuilt prior to July 1, 1980, which are equipped in all locomotive cab side facing glazing lo-cations with a glazing material that meets the criteria for either portion of the impact testing required for a Type II test under the pro
39、visions of appendix A of this part, will not require the in-stallation of certified glazing in the sidefacing glazing location except to replace sidefacing glazing material that is broken or damaged. (c) Except for yard locomotives and locomotives equipped as described in paragraphs (a) and (b), of
40、this section, locomotives built or rebuilt prior to July 1, 1980, shall be equipped with cer-tified glazing in all locomotive cab windows after June 30, 1984. (d) Each locomotive subject to the provisions of paragraph (c) of this sec-tion which, as a result of an act of van-dalism has a locomotive c
41、ab window that is broken or damaged so that the window fails to permit good visibility VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted wit
42、hout license from IHS-,-,-348 49 CFR Ch. II (10110 Edition) 223.13 (1) Shall be placed in Designated Service within 48 hours of the time of breakage or damage or (2) Shall be removed from service until equipped with certified glazing in the following manner: (i) If the broken or damaged window is a
43、part of the windshield of the loco-motive cab, all of the forward and rear-ward end facing glazing locations of the locomotive cab must be replaced with certified glazing. (ii) If the broken or damaged window is a part of the sidefacing window of the locomotive cab, all of the sidefacing glazing loc
44、ations of the loco-motive cab must be replaced with cer-tified glazing. (Sec. 209 of the Federal Railroad Safety Act, 94 Stat. 957 (45 U.S.C. 438); sec. 1.49(m) of the regulations of the Office of the Secretary of Transportation, 49 CFR 1.49(m) 45 FR 49271, July 24, 1980, as amended at 48 FR 24083,
45、May 31, 1983; 48 FR 56956, Dec. 27, 1983 223.13 Requirements for existing ca-booses. (a) Cabooses, other than yard ca-booses, built or rebuilt prior to July 1, 1980, which are equipped in the forward and rearward end facing glazing loca-tions of the windshield with a glazing material that meets the
46、criteria for ei-ther portion of the impact testing re-quired for a Type I test under the pro-visions of appendix A of this part, will not require the installation of certified glazing in the windshield location ex-cept to replace windshield glazing ma-terial that is broken or damaged. (b) Cabooses,
47、other than yard ca-booses, built or rebuilt prior to July 1, 1980, which are equipped in all side fac-ing glazing locations with a glazing material that meets the criteria for ei-ther portion of the impact testing re-quired for a Type II test under the pro-visions of appendix A of this part, will no
48、t require the installation of certified glazing in the sidefacing glazing loca-tions except to replace sidefacing glaz-ing material that is broken or dam-aged. (c) Except for yard cabooses and ca-booses equipped as described in para-graphs (a) and (b), cabooses built or re-built prior to July 1, 198
49、0, shall be equipped with certified glazing in all windows after June 30, 1984. (d) Each caboose subject to the provi-sion of paragraph (c) of this section, which, as a result of an act of van-dalism, has a window that is broken or damaged so that the window fails to permit good visibility shall be equipped with certified glazing in the following manner: (1) If the broken window is a part of the windshield, all of the for
