[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: 49CFR240.121]

[Page 622]
 
                        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. 240.121  Criteria for vision and hearing acuity data.

    (a) Each railroad's program shall include criteria and procedures 
implementing this section.
    (b) Fitness requirement. In order to be currently certified as a 
locomotive engineer, except as permitted by paragraph (e) of this 
section, a person's vision and hearing shall meet or exceed the 
standards prescribed in this section and appendix F to this part. It is 
recommended that each test conducted pursuant to this section should be 
performed according to any directions supplied by the manufacturer of 
such test and any American National Standards Institute (ANSI) standards 
that are applicable.
    (c) Except as provided in paragraph (e), each person shall have 
visual acuity that meets or exceeds the following thresholds:
    (1) For distant viewing either
    (i) Distant visual acuity of at least 20/40 (Snellen) in each eye 
without corrective lenses or
    (ii) Distant visual acuity separately corrected to at least 20/40 
(Snellen) with corrective lenses and distant binocular acuity of at 
least 20/40 (Snellen) in both eyes with or without corrective lenses;
    (2) A field of vision of at least 70 degrees in the horizontal 
meridian in each eye; and
    (3) The ability to recognize and distinguish between the colors of 
railroad signals as demonstrated by successfully completing one of the 
tests in appendix F to this part.
    (d) Except as provided in paragraph (e) of this section, each person 
shall have hearing acuity that meets or exceeds the following thresholds 
when tested by use of an audiometric device (calibrated to American 
National Standard Specification for Audiometers, S3.6-1969): the person 
does not have an average hearing loss in the better ear greater than 40 
decibels at 500Hz, 1,000 Hz, and 2,000 Hz with or without use of a 
hearing aid.
    (e) A person not meeting the thresholds in paragraphs (c) and (d) of 
this section shall, upon request, be subject to further medical 
evaluation by a railroad's medical examiner to determine that person's 
ability to safely operate a locomotive. In accordance with the guidance 
prescribed in appendix F to this part, a person is entitled to one 
retest without making any showing and to another retest if the person 
provides evidence substantiating that circumstances have changed since 
the last test to the extent that the person could now arguably operate a 
locomotive or train safely. The railroad shall provide its medical 
examiner with a copy of this part, including all appendices. If, after 
consultation with one of the railroad's designated supervisors of 
locomotive engineers, the medical examiner concludes that, despite not 
meeting the threshold(s) in paragraphs (c) and (d) of this section, the 
person has the ability to safely operate a locomotive, the person may be 
certified as a locomotive engineer and such certification conditioned on 
any special restrictions the medical examiner determines in writing to 
be necessary.
    (f) As a condition of maintaining certification, each certified 
locomotive engineer shall notify his or her employing railroad's medical 
department or, if no such department exists, an appropriate railroad 
official if the person's best correctable vision or hearing has 
deteriorated to the extent that the person no longer meets one or more 
of the prescribed vision or hearing standards or requirements of this 
section. This notification is required prior to any subsequent operation 
of a locomotive or train which would require a certified locomotive 
engineer.

[56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999]