[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR240.115]

[Page 617]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table of Contents
 
       Subpart B--Component Elements of the Certification Process
 
Sec. 240.115  Criteria for consideration of prior safety conduct as a motor vehicle operator.

    (a) Each railroad's program shall include criteria and procedures 
for implementing this section.
    (b) When evaluating a person's motor vehicle driving record, a 
railroad shall not consider information concerning motor vehicle driving 
incidents that occurred more than 36 months before the month in which 
the railroad is making its certification decision and shall only 
consider information concerning the following types of motor vehicle 
incidents:
    (1) A conviction for, or completed state action to cancel, revoke, 
suspend, or deny a motor vehicle drivers license for, operating a motor 
vehicle while under the influence of or impaired by alcohol or a 
controlled substance;
    (2) A conviction for, or completed state action to cancel, revoke, 
suspend, or deny a motor vehicle driver's license for, refusal to 
undergo such testing as is required by State law when a law enforcement 
official seeks to determine whether a person is operating a vehicle 
while under the influence of alcohol or a controlled substance.
    (c) If such an incident is identified,
    (1) The railroad shall provide the data to the railroad's EAP 
Counselor, together with any information concerning the person's 
railroad service record, and shall refer the person for evaluation to 
determine if the person has an active substance abuse disorder;
    (2) The person shall cooperate in the evaluation and shall provide 
any requested records of prior counseling or treatment for review 
exclusively by the EAP Counselor in the context of such evaluation; and
    (3) If the person is evaluated as not currently affected by an 
active substance abuse disorder, the subject data shall not be 
considered further with respect to certification. However, the railroad 
shall, on recommendation of the EAP Counselor, condition certification 
upon participation in any needed aftercare and/or follow-up testing for 
alcohol or drugs deemed necessary by the EAP Counselor consistent with 
the technical standards specified in Sec. 240.119(d)(3) of this part.
    (4) If the person is evaluated as currently affected by an active 
substance abuse disorder, the person shall not be currently certified 
and the provisions of Sec. 240.119(b) will apply.