[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: 49CFR240.209]

[Page 627-628]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table of Contents
 
         Subpart C--Implementation of the Certification Process
 
Sec. 240.209  Procedures for making the determination on knowledge.

    (a) After the pertinent date specified in paragraph (e), (f), or (g) 
of Sec. 240.201, each railroad, prior to initially certifying or 
recertifying any person as an engineer for any class of train or 
locomotive service, shall determine that the person has, in accordance 
with the requirements of Sec. 240.125 of this part, demonstrated 
sufficient knowledge of the railroad's rules and practices for the safe 
operation of trains.

[[Page 628]]

    (b) In order to make the determination required by paragraph (a) a 
railroad shall have written documentation showing that the person either
    (i) Exhibited his or her knowledge by achieving a passing grade in 
testing that complies with this part or
    (ii) Did not achieve a passing grade in such testing.
    (c) If a person fails to achieve a passing score under the testing 
procedures required by this part no railroad shall permit or require 
that person to operate a locomotive as a locomotive or train service 
engineer prior to that person's achieving a passing score during a 
reexamination of his or her knowledge.