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§240.104 Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer.
(a) A railroad is not required to use a certified locomotive engineer to perform the following functions:
(1) Operate specialized roadway maintenance equipment; or
(2) Operate a dual purpose vehicle that is:
(i) Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site;
(ii) Moving under authority of railroad operating rules designated for the movement of roadway maintenance equipment that ensure the protection of such equipment from train movements; and
(iii) Being operated by an individual trained and qualified in accordance with §§214.341, 214.343, and 214.355 of this chapter.
(b) A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with paragraph (a)(2) of this section.
[64 FR 60990, Nov. 8, 1999]