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(1) Perform the safety-sensitive functions listed in paragraphs (a) and (b) of this section; |
(2) Supervise and otherwise direct the performance of the safety-sensitive functions listed |
in paragraph (a) and (b) of this section; or |
(3) Are in a position to direct the commission of violations of any of the requirements of |
parts 213 through 236 of this title. |
Note: There have been amendments and additions to the set of railroad safety regulations |
found in the CFR; thus, the term “safety-sensitive functions” in § 209.303(c)(3) is interpreted |
to include railroad managers, supervisors, etc., when they are in a position to direct the |
commission of violations of any of the requirements of Parts 213 through 240 of 49 CFR. |
Hours worked by persons in the Class F, G, H, and I categories are not reported on any FRA |
form. |
Contractor–Other (Class G). A contractor employee for a railroad who does not receive |
direct monetary compensation from the railroad and who is not engaged in either 1) the |
operation of on-track equipment, or 2) any other safety-sensitive function for the railroad. |
Hours worked by this person are not reported on any FRA form. |
Worker on Duty–Volunteer (Class H). A volunteer who does not receive direct monetary |
compensation from the railroad and who is engaged in either 1) the operation of on-track |
equipment, or 2) any other safety-sensitive function for the railroad as defined in § 209.303. |
(See this list under “Worker on Duty–Contractor.”) |
2 |
In 1994, the Hours of Service Act was repealed by Congress as part of a broad recodification of the Federal |
transportation laws. See Act of July 5, 1994, Pub. L. No. 103-272, 108 Stat. 745. The Act, which had been in Title |
45, was repealed and recodified primarily as Chapter 211 of 49 U.S.C. Congress made clear that the recodification |
was not intended to make substantive changes in the affected laws, even though it altered their arrangement and |
language in certain respects. See Pub. L. No. 103-272, § 6(a), 108 Stat. 1378; H.R. Rep. No. 180, 103d Cong., 1st |
Sess. 1-5 (1993), reprinted in 1994 U.S. CODE CONG. & ADMIN. NEWS 818-822. |
FRA Guide for Preparing Accident/Incident Reports |
18 |
Definitions |
Hours worked by a “Worker on Duty–Volunteer” (Class H) are not reported on any FRA |
form. |
Volunteer–Other (Class I). A volunteer who does not receive direct monetary |
compensation from the railroad and who is not engaged in either 1) the operation of on-track |
equipment, or 2) any other safety-sensitive function for the railroad as defined in |
§ 209.303. Hours worked by this person also not reported on any FRA form. |
Passengers On Trains (Class C). Persons who are on, boarding, or alighting railroad cars |
for the purpose of travel. |
Nontrespassers–On Railroad Property (Class D). Persons lawfully on that part of railroad |
property that is used in railroad operation (other than those herein defined as employees, |
passengers, trespassers, volunteers, or contractor employees), and persons adjacent to |
railroad premises when they are injured as the result of the operation of a railroad. This class |
also includes other persons on vessels or buses, whose use arises from the operation of a |
railroad. |
Nontrespassers–Off Railroad Property (Class J). An injury “off railroad property” |
includes an injury resulting from an event, such as a derailment or collision, that begins on |
railroad property but ends on public or private non-railroad property, so long as the injury is |
incurred while the person is physically located off railroad property. Similarly, if a |
derailment results in a release of hazardous materials onto public or private non-railroad |
property and the hazardous material injures a “Nontrespasser” located on public or private |
non-railroad property, the injury is reported as an injury to “Nontrespassers–Off Railroad |
Property” (Class J). Conversely, injuries to nontrespassers occurring while on public or |
private railroad property are reported as injuries to “Nontrespassers–On Railroad Property” |
(Class D). |
Trespassers (Class E). Persons who are on the part of railroad property used in railroad |
operation and whose presence is prohibited, forbidden, or unlawful. Employees who are |
trespassing on railroad property are to be reported as “Trespassers” (Class E). |
Note: A person on a highway-rail grade crossing should not be classified as a Trespasser |
(Class E) unless: 1) the crossing is protected by gates or other similar barriers, which were |
closed when the person went on the crossing, or 2) the person attempted to pass over, under, |
or between cars or locomotives of a consist occupying the crossing. A person or vehicle that |
enters the crossing without a physical barrier (e.g., gates in a lowered position) is not |
classified as a trespasser, even when the highway-rail grade crossing lights are activated or |
other warning systems are functioning. The person would be classified as a nontrespasser. |
FRA Guide for Preparing Accident/Incident Reports |
19 |
Definitions |
Closed Crossing. A closed crossing is a location where a crossing has been physically |
removed, or where rail operations, pathway traffic, or highway traffic is not possible. This |
does not include crossings that are temporarily closed for repairs to the track structure, |
crossing surface, or roadway approaches. Examples are locations where the crossing has |
been permanently barricaded and crossing surface material removed; where the railroad |
tracks have been cut or barricaded or physically removed; where a connecting turnout has |
been removed; or where rail operations are not possible because the railroad tracks are paved |
over, etc. Crossings along such inactive railroad lines are closed. |
Temporary Barricaded Crossing. A highway-rail grade crossing that is temporarily |
closed to highway users by using temporary methods to block highway traffic, such as |
barrels. A temporary barricaded crossing does not constitute a “closed” crossing. |
Consist Responsibility. The railroad employing the crewmembers operating the consist at |
the time of the accident normally determines the consist owner for reporting purposes. An |
exception to this rule is when a railroad is under contract to operate another railroad on an |
ongoing basis. This situation often exists in connection with commuter operations where the |
entity is known to the general public as the commuter authority, not the railroad under |
contract (see Chapter 12 for additional guidance). |
Collision. A collision is defined as an impact between on-track equipment consists while |
both are on rails and where one of the consists is operating under train movement rules or is |
subject to the protection afforded to trains. This definition includes instances where a portion |
of a consist occupying a siding is fouling the mainline and is struck by an approaching train. |
It does not include impacts occurring while switching within yards, as in making up or |
breaking up trains, shifting or setting out cars, etc. Impacts of this type are to be classified as |
“Other Impacts” accidents (Code “12” in Item 7 on Form F 6180.54), when all consists |
involved are part of the switching movement. |
The timetable, or schedule direction, should govern the classification of collisions when |
either one of the trains or the locomotives is at rest, or when its incidental movement |
temporarily differs from the schedule direction. |
Head-On Collision. A collision in which the trains or locomotives, or electric multipleunit (EMU) or diesel multiple-unit (DMU) trains, involved are traveling in opposite |
directions on the same track, provided that both consists have a locomotive (or EMU or |
DMU trains). |
Rear-End Collision. A collision in which the trains or locomotives (or EMU or DMU |
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