text
stringlengths
0
1.03k
(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In 1994, the Hours of Service Act was repealed by Congress as part of a broad recodification of the Federal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45, was repealed and recodified primarily as Chapter 211 of 49 U.S.C. Congress made clear that the recodification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