49 C.F.R. § 242.201

Current through September 30, 2024
Section 242.201 - Time limitations for certification
(a) After the pertinent date in § 242.105(d) or (e) , a railroad shall not certify or recertify a person as a conductor in any type of service, if the railroad is making:
(1) A determination concerning eligibility under §§ 242.111 , 242.113 , 242.115 , and 242.403 and the eligibility data being relied on was furnished more than 366 days before the date of the railroad's certification decision;
(2) A determination concerning visual and hearing acuity and the medical examination being relied on was conducted more than 450 days before the date of the railroad's certification decision;
(3) A determination concerning demonstrated knowledge and the knowledge examination being relied on was conducted more than 366 days before the date of the railroad's certification decision; or
(4) A determination concerning demonstrated knowledge and the knowledge examination being relied on was conducted more than 24 months before the date of the railroad's recertification decision if the railroad administers a knowledge testing program pursuant to § 242.121 at intervals that do not exceed 24 months.
(b) The time limitations of paragraph (a) of this section do not apply to a railroad that is making a certification decision in reliance on determinations made by another railroad in accordance with paragraph (c)(3) of this section, § 242.125 , or § 242.127 .
(c) No railroad shall:
(1) Permit or require a person, designated under § 242.105(a) or (b) , to perform service as a certified conductor for more than the 36-month period beginning on the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of § 242.105(d) or (e) unless that person has been determined to be eligible in accordance with procedures that comply with subpart B of this part.
(2) Certify a person as a conductor for an interval of more than 36 months; or
(3) Rely on a certification issued by another railroad that is more than 36 months old.
(d) Except as provided for in § 242.105 concerning initial implementation of the program, a railroad shall issue each person designated as a certified conductor a certificate that complies with § 242.207 no later than 30 days from the date of its decision to certify or recertify that person.

49 C.F.R. §242.201