First, the federal railroad administration fra currently requires that 25% of hours of service hos employees and 50% of maintenance of way mow employees are selected for random testing annually. Moving any locomotive including passenger multipleunit electr. Brake system safety standards for freight and other non passenger trains and equipment. August 15, 2011 washington passenger and commuter train conductors and engineers face new hoursofservice rules effective oct. Because the hsl are currently statutory provisions, not regulations, only congress can amend them. Because of the amount of guidance that exists to address the complexity of hours of service requirements, along with the diversity of railroad operations, it is necessary to provide comprehensive guidance and consolidate the majority of this information into one manual to ensure standardized application and compliance. This rule allows a railroad with less than 400,000 employeehours. The hours of service app was developed to provide users with clarification on hours of service hos requirements found at 49 cfr part 228, hours of service recordkeeping, and fra hours.
Fra regulation, 49 cfr part 219 subpart c, stipulates the level of events requiring testing and who has to be tested. On august 12, 2011, fra published its final rule providing new limitations for passenger train employees, based on the limitations in the hsl as it. As stated above, fra reports indicate there are 742 class iii railroads that are eligible to use the simplified automated recordkeeping system this final rule provides. Fras current safety regulations and rulemaking proceedings. B ackground the fmcsa issued revisions major to the hours of service rules on april 28, 2003, applicable only to propertycarrying vehicles. Nonapplication, exemption, and alternate hours of service regime 21103. Fra is amending its hours of service recordkeeping regulations, to add substantive hours of service regulations, including maximum onduty periods, minimum offduty periods, and other limitations, for train employees e. Hours of service hos regulations are issued by the federal motor carrier safety administration fmcsa and govern the working hours of anyone operating a commercial motor vehicle cmv in the united states. First enacted in 1907, the hours of service act was substantially revised in 1969 by public law 91169. Mar 26, 2021 an fmcsa big 5 compliance series webcast the foundation for drug and alcohol testing compliance is knowing the rules. The 5hour difference between the 10hour driving limit and the 15hour onduty limit gives drivers the opportunity to take care of nondriving.
Subpart f substantive hours of service requirements for train employees engaged in commuter or intercity rail passenger transportation 228. Hours of service compliance manualpassenger operations. Sep 29, 2017 this tool allows users to navigate through fra guidance that exists addressing the complexity hours of service requirements. The purpose of the law is to promote the safety of employees and travelers upon railroads by limiting the. Fra published its final hours of service rules for train employees working in commuter or intercity passenger rail operations on august 12, 2011. A person who performs hours of service functions at a rate sufficient to be placed into the railroads random testing program. The collected specimens are analyzed only at fras contract laboratory. This tool allows users to navigate through fra guidance that exists addressing the complexity hours of service requirements, along with the diversity of railroad operations, it assists to provide comprehensive guidance and consolidates this information into one manual to ensure standardized application and compliance. The hours of service app was developed to provide users with clarification on hours of service hos requirements found at 49 cfr part 228, hours of service recordkeeping, and fra hours of service interpretations and policies. See hours of service compliance section of hra regulation website for compliance.
Fra regulation 49 cfr part 219 national drug screening. Jan 17, 2017 federal railroad administration office of railroad safety training, qualification, and oversight for safetyrelated railroad employees interim final compliance guide issued may 1, 2015 the rail safety improvement act of 2008 rsia required that the secretary of the u. These regulations apply to truck drivers, commercial and intercity bus drivers, and school bus drivers who operate cmvs. Rsia, gave fra the authority to create regulations governing the hours of service of train. However, in the rail safety improvement act of 2008, fra received regulatory authority to establish hours of service limitations for train employees providing commuter and intercity rail passenger transportation service passenger train employees. Train or engine service refers to the actual assembling or operation of trains or engines. Please contact your local op inspector or regional office if you have questions related to hos. Commingled service means 1 for a train employee or a signal employee, any noncovered service at the behest of the railroad and performed for the railroad that is not separated from covered service by a qualifying statutory offduty period of 8 or 10 hours or more. Maxaccel is the market leader in compliance and asset management software for the railroad and related industries. Fra staff advises that the passenger rule applies to both noninsular and insular tourist roads including amusement park railroads. The hours of service app was developed to provide users with clarification on hours of service hos requirements found at 49 cfr part 228, hours of service recordkeeping, and fra hours of service. Regulations means the passenger train employee hours of service regulations codified at 49 cfr part 228, subpart f.
Except as provided in paragraph c of this section, a railroad and its officers and agents may not require or allow a train employee engaged in commuter or intercity rail passenger transportation to remain or go on duty 1 unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours. The federal railroad administrations new hours of service. The hos app was developed to provide users with clarification on hos requirements found at 49 cfr part 228, hours of service recordkeeping, and fra hours of service interpretations and. Light rail vehicles in use in the united states do not meet these standards, although vehicles recently put into service have characteristics that are near. The federal hours of service laws hsl define train employee as an individual engaged in or connected with the movement of a train, including a hostler. Amtraks drug and alcohol testing protocols exceed federal requirements on two fronts. The hours of service app was developed to provide users with clarification on hours of service hos requirements found at 49 cfr part 228, hours of service. Along with the diversity of railroad operations, it assists to provide comprehensive guidance and consolidates this information into one manual to ensure standardized application and compliance. For more details, see our hos training solutions or visit our hours of service faqs. Fra expects many eligible smaller railroads currently using manual.
Federal register hours of service of railroad employees. Federal railroad administration fra, department of transportation dot. First enacted in 1907, the hours of service act was substantially revised in 1969 by. Fra amends its hours of service recordkeeping regulations to provide simplified recordkeeping requirements by allowing eligible smaller railroads, and their contractors and subcontractors, to utilize an automated system to create and maintain hours of duty records as required by 49 cfr 228. Regulations section federal motor carrier safety administration. This tool allows users to navigate through federal railroad administratio. Steam locomotive inspection and maintenance standards. This app provides clarification on hours of service requirements found at 49 cfr part 228, hours of service recordkeeping, and fra hours of service interpretations and policies. This tool allows users to navigate through federal railroad administration fra guidance that exists addressing the complexity of hours of service requirements, along. Those wishing to download the app, should search for fra hos manual. Does the emergency conditions exception in 49 cfr 395.
On may 17, 20, after a metronorth passenger train accident in bridgeport, conn. The final rule became effective on october 15, 2011, and can be found at title 49 code of federal regulations cfr. Further amendments were enacted as part of the federal railroad safety. The federal hours of service act was enacted by congress on march 4, 1907, to promote the safety of employees and travelers on railroads by limiting the hours of service of railroad employees. This rule is part of fras broader initiative to reduce the paperwork burden of its regulations while still supporting compliance with the federal hours of service laws and regulations. Further amendments were enacted as part of the federal railroad safety authorization act of 1976, public law 94348 and by the rail safety improvement act of 1988, public law 100342. Hours of service for motor carriers of passengers fmcsa. Part 228, hours of service of railroad employees and. Limitations on duty hours of train employees 21104.
The guidance provided in this manual may be revoked or modified without notice by memorandum of the associate. This manual also is not intended to apply to intercity passenger and commuter rail operations. Fra is proposing to amend its hours of service recordkeeping regulations, to provide simplified recordkeeping requirements to allow railroads with less than 400,000 employee hours annually, and their contractors and subcontractors, to utilize an automated system to create and maintain hours of duty records as required by 49 cfr 228. The federal railroad administration fra has now made their hours of service hos app available for download in the iphone app store. This compliance manual specifically addresses commuter and intercity passenger rail operations, and it does not apply to train employees engaged in freight operations on freight railroads this manual provides clarification on hours of service requirements found at 49 cfr part 228, hours of service recordkeeping, and federal railroad administration fra hours of service interpretations and policies. The operating practices division examines railroad carrier operating rules, employee qualification guidelines, and carrier training and testing programs to determine compliance with the railroad safety act of 1970. Interim statement of agency policy and interpretation, hours of. Dec 03, 20 the fra has acted aggressively to close any safety gaps and ensure the safe operation of metronorth commuter railroad. Postaccident testing provides fra with accident investigation and usage data. Under the federal railroad safety laws, fra has jurisdiction over all railroads except rapid transit operations in an urban area that are not connected to the general railroad system of transportation. On august 12, 2011, fra published its final rule providing new limitations for passenger train. Hours of service compliance manual passenger operations. Below is the 2015 passenger hos compliance manual download. Jun 27, 2006 fra also has regulations on locomotive engineer certification, and fra enforces the hours of service restrictions, which are wholly governed by statute.
Jan 29, 2021 the operating practices division examines railroad carrier operating rules, employee qualification guidelines, and carrier training and testing programs to determine compliance with the railroad safety act of 1970. Department of transportation dot establish minimum training. See hours of service compliance section of hra regulation website for compliance materials. Nonapplication, exemption, and alternate hours of service regime. Sep 19, 2017 the hours of service app was developed to provide users with clarification on hours of service hos requirements found at 49 cfr part 228, hours of service recordkeeping, and fra hours of service. The track safety standards compliance manual chapters 17 and appendix provides technical guidance to federal and state track inspectors. The federal railroad administration fra and others now refer to it as the hours of service laws hsl. The federal hours of service laws hsl define train. The most prominent exception is non compliance with federal railroad administration fra vehicle safety requirements imposed on both freight and passenger railroad services. Fmcsa rules prohibit driving a passenger carrying cmv e. To browse the code of federal regulations, click here. Yet, its surprising that the number one drug and alcohol audit violation in 2020 was fleets failure to implement a program 382. Fras final hos rules for passenger, commuter service.
However, fra has been concerned that several of the leading causes of human factor accidents are not presently covered by any specific federal rule, and they can have serious consequences. The 2003 rules represented the first substantial revision to the hours of service. The compliance manual provides guidance for enforcement of the track safety standards tss. Fras final hos rules for passenger, commuter service published. Following are key provisions, as outlined by the fra, of the new hours of service rules scheduled to go into effect for conductors and engineers on passenger and commuter trains oct. Fras action plan for improving safety at metronorth. Federal railroad administration 49 cfr part 228 docket no.
494 496 823 1611 1769 124 812 1790 107 673 875 268 53 75 1743 131 1827 1473 109 862 100 1505 1796 1079 1639 1300 377 252 1667 908 1729 967 202 1736 831 974