FRA Q & A

Federal Railroad Association Questions and Answers
For Reference Only

Does having flashover or slag on the commutator constitute a federal defect?

A motor presenting slag or flashover on its commutator is considered to have a Federal Defect.

When a locomotive is daily inspected and the daily inspection form (Form 4400) on the locomotive is signed, how long is that daily inspection good for? In other words, if I inspect a locomotive and sign the card at say 0900 hours on July 15th; is the inspection good until the next day at 0900 hours July 16th and must be inspected again or is the inspection good until 2359 hours on July 16th?

Each locomotive in use shall be inspected at least once during each calendar day. If you inspect a locomotive at 9:00 AM on July 23, 2018, and it goes into service, it must be inspected again before 11:59 PM on July 24, 2018, to remain in service.

Is it a federal defect if a top traction motor cover is missing? When a top traction motor cover is missing it exposes the inside of the high voltage system of the traction motor.

Traction motor covers are a maintenance item. They are not in a position to pose a safety hazard to the operating crew. If objects or moisture gets into the motor and causes a failure, it is an expensive alternative for the locomotive owner rather than replace the cover. There is no FRA regulatory requirement for the traction motor cover.

Is a broken traction motor ground wire that goes from the traction motor to the locomotive car body a federal defect?

Ground straps are commercial items.

Is a traction motor air boot that is torn or out of place a federal defect?

Torn traction motor boots are commercial items, not federal regulatory.

Does the definition of Signal employees under 49 U.S.C. 21104 which states "Individuals engaged in installing, repairing, or maintaining signal systems" included mechanical electricians and machinists that work on or test CCS/ATC systems and electricians that install and/or work on Positive Train Control systems (Also known as PTC)?
Am I correct in understanding the above referenced document that states "Limitations on Consecutive Duty Tours" of "May not remain or go on duty after initiating an on-duty period on six consecutive days (starts) without receiving 48 consecutive hours off duty and free from any service for any railroad carrier at the employee's home terminal" that is listed under the "Train Employees" column only applies to Train Employees and does not apply to Signal Employees? In other words, can electricians and machinists, who perform Hours Of Service duties as listed above, work seven days (starts) a week if they so choose?
Am I also correct in understanding that the above referenced document that has a 276 hours of on duty "Monthly Cumulative Limitations" only applies to "Train Employees" and does not apply to electricians and machinists who are working Hours Of Service duties as listed above?

Your first question asks whether "mechanical electricians and machinists" can be included within the definition of "signal employee" in 49 U.S.C. § 21101. Yes, mechanical employees can be considered signal employees if they perform signal employee functions. You specifically mention servicing and testing CCS/ATC systems as well as installing and servicing PTC systems. Work on either system is generally a signal employee function, and employees doing that work would be considered signal employees who must comply with 49 U.S.C. § 21104.

Your next questions ask about the application of 49 U.S.C. § 21103, governing the hours of service for train employees, to signal employees. You are correct that the limitations of § 21103, including both the consecutive-days limitation and the 276-hours monthly service limitation, apply only to train employees and not signal employees.

In some circumstances, an individual may be considered both a train employee and a signal employee in a single duty tour (for instance, if the employee who is testing CCS/ATC systems is also responsible for moving locomotives in to and out of the mechanical area). If an individual is performing both train employee functions and signal employee functions, he or she is both a train employee and a signal employee and is subject to the requirements of both sections.

However, assuming that an employee does not perform train employee functions, that employee would not be subject to the limitations of § 21103. That employee would not be subject to either the consecutive-days limitation or the 276-hours monthly service limitation.

§229.21 Daily Inspection

(a) Except for MU locomotives, each locomotive in use shall be inspected at least once during each calendar day. A written report of the inspection shall be made. This report shall contain the name of the carrier; the initials and number of the locomotive; the place, date and time of the inspection; a description of the non-complying conditions disclosed by the inspection; and the signature of the employee making the inspection. Except as provided in §§229.9, 229.137, and 229.139, any conditions that constitute non-compliance with any requirement of this part shall be repaired before the locomotive is used. Except with respect to conditions that do not comply with §229.137 or §229.139, a notation shall be made on the report indicating the nature of the repairs that have been made. Repairs made for conditions that do not comply with §229.137 or §229.139 may be noted on the report, or in electronic form. The person making the repairs shall sign the report. The report shall be filed and retained for at least 92 days in the office of the carrier at the terminal at which the locomotive is cared for. A record shall be maintained on each locomotive showing the place, date and time of the previous inspection.

(b) Each MU locomotive in use shall be inspected at least once during each calendar day and a written report of the inspection shall be made. This report may be part of a single master report covering an entire group of MU's. If any non-complying conditions are found, a separate, individual report shall be made containing the name of the carrier; the initials and number of the locomotive; the place, date, and time of the inspection; the non-complying conditions found; and the signature of the inspector. Except as provided in §§229.9, 229.137, and 229.139, any conditions that constitute non-compliance with any requirement of this part shall be repaired before the locomotive is used. Except with respect to conditions that do not comply with §229.137 or §229.139, a notation shall be made on the report indicating the nature of the repairs that have been made. Repairs made for conditions that do not comply with §229.137 or §229.139 may be noted on the report, or in electronic form. A notation shall be made on the report indicating the nature of the repairs that have been made. The person making the repairs shall sign the report. The report shall be filed in the office of the carrier at the place where the inspection is made or at one central location and retained for at least 92 days.

[45 FR 21109, Mar. 31, 1980, as amended at 50 FR 6953, Feb. 19, 1985; 67 FR 16050, Apr. 4, 2002]

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