FRA Conductor flashcards
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- Certificate validity period
- A conductor certificate is valid for a maximum of three years from the effective date shown on the certificate. Recertification must be completed before expiration for the conductor to continue serving.
- Vision acuity standard
- A conductor must have at least 20/40 corrected or uncorrected acuity in each eye, a horizontal field of vision of at least 70 degrees, and the ability to distinguish red, green, and yellow.
- Hearing standard
- A conductor must be able to hear a forced whisper at five feet with or without a hearing aid, or meet an equivalent audiometric threshold. Failure requires review before certification.
- Prior safety conduct review
- The railroad must check the candidate's motor vehicle record and railroad operating-rule violations, and evaluate any disqualifying conduct under its FRA-approved program before certifying.
- Knowledge test requirement
- The railroad must administer a written test covering operating rules, safety rules, and conductor duties, set a passing score, and retain the answers and result in the certification file.
- Operational performance monitoring
- The railroad must conduct unannounced efficiency tests, rule-compliance observations, and ride-alongs at least annually for each certified conductor, and document the results.
- Certificate required components
- A certificate must show the conductor's name, the railroad's name, the effective and expiration dates, and the type of service the conductor is certified to perform.
- Record retention period
- The railroad must keep each certification record for at least three years after the certificate expires or is revoked, and longer if an FRA investigation or litigation is pending.
- Replacement certificate rule
- A lost, stolen, or damaged certificate must be replaced by the issuing railroad, and the replacement carries the original expiration date rather than a new three-year term.
- Multiple certifications
- A conductor may hold certificates from more than one railroad, but each railroad must keep its own certification record and conduct its own monitoring and testing.
- Territory qualification
- A conductor must be qualified on a territory's physical characteristics, including signals, switches, crossings, grades, and special instructions, before working a train over it.
- Re-familiarization requirement
- A conductor who has not worked a territory for the period set in the railroad's program must complete a re-familiarization trip or examination before working it again.
- Joint operations rule
- Where two railroads operate over the same track, the dispatching railroad's rules govern movements, but each railroad remains responsible for certifying and monitoring its own conductors.
- Revocation for drug violation
- A railroad must revoke a conductor's certificate when the conductor refuses a drug or alcohol test or tests positive for a prohibited drug or alcohol concentration.
- Notice before denial
- Before denying or revoking certification, the railroad must give the conductor written notice of the reason and an opportunity to respond, and must document the decision.
- Reinstatement after revocation
- A revoked certificate may not be reinstated until the conductor completes the Part 219 return-to-duty process and any required retraining and reexamination.
- Petition for review
- A conductor may challenge a denial or revocation by filing a written petition with the railroad within the time its program specifies, stating the decision and relief sought.
- Appeal to FRA
- If the railroad denies the petition, the conductor may appeal in writing to the FRA Administrator, who may convene a review board before issuing a final written decision.
- Hearing rights
- A hearing must give the conductor notice of the issues, an opportunity to present evidence and witnesses, and a written decision that becomes part of the record.
- Judicial review
- A final FRA decision on a certification appeal may be challenged in the appropriate U.S. Court of Appeals under the statute governing the certification program.
- Purpose of Part 242
- Part 242 establishes minimum federal standards for certifying conductors so that only qualified and safe persons perform conductor duties on U.S. railroads.
- Waiver requirement
- A railroad may request a waiver from a Part 242 requirement, and FRA may grant it only if the waiver provides an equivalent level of safety and does not conflict with statute.
- Penalties for violations
- A Part 242 violation may result in civil penalties against the railroad or individual, and knowing and willful falsification of a certification record may result in criminal penalties.
- Designated supervisor
- The designated supervisor is the railroad official responsible for administering the certification program, making eligibility determinations, and reviewing monitoring results.
- Recertification requirements
- Recertification requires a new eligibility determination, a new knowledge test, current vision and hearing results, and a review of the monitoring record for the prior term.
- Certificate expiration on duty
- If a certificate expires while the conductor is on duty, the conductor may finish the trip but may not begin another until the railroad recertifies the conductor.
- Roster maintenance
- The railroad must maintain a roster of certified conductors and update it whenever a certificate is issued, replaced, revoked, or expires.
- Territory change rule
- A conductor who transfers to a new territory must complete qualification on that territory before working a train over it, even if the conductor remains certified.
- Joint operations agreement
- A written agreement between railroads in joint operations must identify which railroad's rules and which railroad's certification records govern each segment of track.
- Denial for failed test
- A railroad must deny certification to a person who fails the knowledge test or the vision or hearing standard, and must record the basis for the denial.
- Burden in dispute review
- In a dispute over a denial or revocation, the railroad bears the burden of showing that its action was supported by the certification record and applicable program criteria.
- Program filing with FRA
- A railroad must file its conductor certification program with FRA before it takes effect, and must file any amendment before the change takes effect.