> Denial and Revocation of Certification Denial of certification. Criteria for revoking certification. Periods of revocation. Process for revoking certification. Conductor Certification- Feb. 2012 50
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When the conductor is located in the operating cab, or otherwise has knowledge of the signal indication, failure to take appropriate action* to prevent the locomotive engineer of the train the conductor is assigned to from failing to control a locomotive or train in accordance with a signal indication that requires a complete stop before passing it excluding a hand or a radio signal, indication or a switch. * Appropriate action does not mean that a conductor must prevent a violation from occurring at all costs; the duty may be met by warning an engineer of a potential or foreseeable violation.
When the conductor is located in the operating cab, failure to take appropriate action to prevent the locomotive engineer of the train the conductor is assigned to from failing to adhere to limitations concerning train speed: the speed at which the train was operated exceeds the maximum authorized limit by at least 10 miles per hour. Where restricted speed is in effect, railroads shall consider only those vi olations of the conditional clause of r estricted speed rules that result in a 225 reportable incident/ accident or injury. When not in the operating cab, the conductor is deemed to have taken appropriate action when in compliance with all applicable Railroad Operating Rules and Special Instructions. Conductor Conductor Certification- Certification- May May 2012 2012 53 53
Failure to perform or have knowledge a required brake test was performed. Freight- Class 1, Class 1A, Class 2, > Class 3, Transfer Train Brake Test. Passenger- Class 1, Class 1A, Class 2 > and Running Brake Test. Conductor Certification- Feb. 2012 54
Failure to take appropriate action to prevent the locomotive engineer of the train the conductor is assigned to from occupying main track or a segment of main track without proper authority or permission. Conductor Certification- May 2012 55
Use of alcohol and/or drugs contrary to Federal Regulations. (Rule G) Conductor Certification- Feb. 2012 56
Failure to comply with prohibitions against tampering with locomotive mounted safety devices; knowingly fail to take appropriate action to prevent > the locomotive engineer from failing to comply with prohibitions against tampering with locomotive mounted safety devices; knowingly fail to take appropriate action to prevent > the locomotive engineer of the train from operating or permitting to be operated a train with an unauthorized disabled safety device in the controlling locomotive. Conductor Certification- May 2012 57
1 st event = 30 days 2 nd event within 24 months = 6 months 3 rd event within 36 months = 1 years 4 th event within 36 months = 3 years Any period of revocation one-year or less may be reduced by half with remedial training. Conductor Certification- Feb. 2012 58
218.99- Shoving or pushing movements. 218.101- Leaving equipment in the clear. 218.103- Hand operated switches. 218.105- Hand operated main line switches.* 218.107- Hand operated crossover switches. 218.109- Hand operated fixed derails. 225 Reportable Threshold *Note: On hand operated main line switches there is no reduction in period of ineligibility. Conductor Certification- May 2012 59
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On other than main track where restricted speed or the operational equivalent thereof is in effect, the period of revocation for a violation of 242.403(e)(6) through (e)(8), (e)(10), or (e)(11) 242.403. 242.403. 242.403. 242.403. 242.403. (e)(6) Shoving or pushing movements. (e)(7) Leaving equipment in the clear. (e)(8) Hand operated switches. (e)(10) Hand operated crossover switches. (e)(11) Hand operated fixed derails. shall be reduced by one half provided that another revocable event has not occurred within the previous 12 months. Conductor Certification- May 2012 61
1. The denial or revocation of certification is for a period of one year or less; 2. Certification is denied or revoked for reasons other than noncompliance with drug and alcohol. 3. The person is evaluated by a railroad officer and determined to have received adequate remedial ; training 4. The person successfully completes any mandatory program of training or retraining prior to return to service ; 5. At least one half the specified period of ineligibility has elapsed. Conductor Certification- Feb. 2012 62
! Dispute Resolution Procedures Operating Crew Review Board established. Petition requirements. Processing certification review petitions. Request for a hearing. Hearings. Appeals. Operating Crew Review Board (OCRB) replaces LERB
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FRA Predicts: 950 Conductor Certificate Revocations annually. 160 OCRB Petitions annually. Conductor Certification- May 2012 65