Current through September 30, 2024
Section 242.405 - Periods of ineligibility(a) A period of ineligibility described in this paragraph shall: (1) Begin, for a person not currently certified, on the date of the railroad's written determination that the most recent incident has occurred; or(2) Begin, for a person currently certified, on the date of the railroad's notification to the person that recertification has been denied or certification has been revoked; and(3) Be determined according to the following standards:(i) On other than main track where restricted speed or the operational equivalent thereof is in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 (8), (10), or (11) shall be reduced by one half provided that another revocable event has not occurred within the previous 12 months.(ii) In the case of a single incident involving violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11) , the person shall have his or her certificate revoked for a period of 30 calendar days.(iii) In the case of two separate incidents involving a violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11) , that occurred within 24 months of each other, the person shall have his or her certificate revoked for a period of six months.(iv) In the case of three separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12) , that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of one year.(v) In the case of four separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12) , that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of three years.(vi) Where, based on the occurrence of violations described in § 242.403(e)(12) , different periods of ineligibility may result under the provisions of this section and § 242.115 , the longest period of revocation shall control.(b) Any or all periods of revocation provided in paragraph (a) of this section may consist of training.(c) Reduction in period of ineligibility: A person whose certification is denied or revoked shall be eligible for grant or reinstatement of the certificate prior to the expiration of the initial period of ineligibility only if: (1) The denial or revocation of certification in accordance with the provisions of paragraph (a)(3) of this section is for a period of one year or less;(2) Certification is denied or revoked for reasons other than noncompliance with § 219.101 of this chapter;(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, if that is determined to be necessary by the railroad prior to return to service; and(5) At least one half the pertinent period of ineligibility specified in paragraph (a)(3) of this section has elapsed.