220.5—Definitions.
As used in this part, the term:
Adjacent tracks means two or more tracks with track centers spaced less than 25 feet apart.
Control center means the locations on a railroad from which the railroad issues instructions governing railroad operations.
Division headquarters means the location designated by the railroad where a high-level operating manager (e.g., a superintendent, division manager, or equivalent), who has jurisdiction over a portion of the railroad, has an office.
Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad, who is authorized by a railroad to use its wireless communications in connection with railroad operations.
Immediate access to a radio means a radio on the employee's person, or sufficiently close to the employee to allow the employee to make and receive radio transmissions.
Joint operations means rail operations conducted by more than one railroad on the track of a railroad subject to the requirements of § 220.9(a), except as necessary for the purpose of interchange.
Locomotive means a piece of on-track equipment other than hi-rail, specialized maintenance, or other similar equipment—
(1)
With one or more propelling motors designed for moving other equipment;
(2)
With one or more propelling motors designed to carry freight or passenger traffic, or both; or
(3)
Without propelling motors but with one or more control stands.
Lone worker means an individual roadway worker who is not being afforded on-track safety by another roadway worker, who is not a member of a roadway work group, and who is not engaged in a common task with another roadway worker.
Mandatory directive means any movement authority or speed restriction that affects a railroad operation.
Railroad operation means any activity which affects the movement of a train, locomotive, on-track equipment, or track motor car, singly or in combination with other equipment, on the track of a railroad.
Roadway worker means any employee of a railroad, or of a contractor to a railroad, whose duties include inspection, construction, maintenance or repair of railroad track, bridges, roadway, signal and communication systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a track, and flagmen and watchmen/lookouts.
System headquarters means the location designated by the railroad as the general office for the railroad system.
Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with 49 CFR part 232 or part 238, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.
Working radio means a radio that can communicate with the control center of the railroad (through repeater stations, if necessary to reach the center) from any location within the rail system, except:
(1)
Tunnels or other localized places of extreme topography, and
(2)
Temporary lapses of coverage due to atmospheric or topographic conditions. In the case of joint operations on another railroad, the radio must be able to reach the control center of the host railroad.
Working wireless communications means the capability to communicate with either a control center or the emergency responder of a railroad through such means as radio, portable radio, cellular telephone, or other means of two-way communication, from any location within the rail system, except:
(1)
Tunnels or other localized places of extreme topography, and
(2)
Temporary lapses of coverage due to atmospheric or topographic conditions. In the case of joint operations on another railroad, the radio must be able to reach the control center of the host railroad.
[63 FR 47195, Sept. 4, 1998, as amended at 65 FR 41305, July 3, 2000]
Code of Federal Regulations
Effective Date Note:
At 75 FR 59601, Sept. 27, 2010, § 220.5 was amended by revising the introductory text, and the definition of “Train” adding definitions for “Associate Administrator for Railroad Safety/Chief Safety Officer,” “Authorized business purpose,” “Earpiece,” “Electronic device,” “Fouling a track,” “FRA,” “In deadhead status,” “Medical device,” “Personal electronic device,” “Railroad operating employee,” “Railroad-supplied electronic device,” and “Switching operation”; and revising, effective March 28, 2011. For the convenience of the user, the added and revised text is set forth as follows:
§ 220.5
Definitions.
As used in this part, the term—
Associate Administrator for Railroad Safety/Chief Safety Officer means either the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, 1200 New Jersey Ave., SE., Washington, DC 20590 or that person's delegate.
Authorized business purpose means a purpose directly related to the tasks that a crewmember is expected to perform during the current tour of duty as specified by the railroad in writing.
Earpiece means a small speaker that is inserted in, or held next to, the ear for use in transmitting sounds related to an electronic device.
Electronic device means an electronic or electrical device used to conduct oral, written, or visual communication; place or receive a telephone call; send or read an electronic mail message or text message; look at pictures; read a book or other written material; play a game; navigate the Internet; navigate the physical world; play, view, or listen to a video; play, view, or listen to a television broadcast; play or listen to a radio broadcast other than a radio broadcast by a railroad; play or listen to music; execute a computational function; or, perform any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee or another railroad operating employee from a safety-related task. This term does not include—
(1) Electronic control systems and information displays within the locomotive cab (whether the displays or systems be fixed or portable) or on a remote control transmitter necessary to operate a train or conduct switching operations; or
(2) A digital watch whose only purpose is as a timepiece.
Fouling a track means the placement of an individual in such proximity to a track that the individual could be struck by a moving train or other on-track equipment, or in any case is within four feet of the nearest rail.
FRA means the Federal Railroad Administration.
In deadhead status means awaiting or in deadhead transport from one point to another as a result of a railroad-issued verbal or written directive.
Medical device means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article (including a component part), or accessory that is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions.
Personal electronic device means an electronic device that was not provided to the railroad operating employee by the employing railroad for a business purpose.
Railroad operating employee means a person performing duties subject to—
(1) An individual engaged in or connected with the movement of a train, including a hostler, as defined in
49 U.S.C. 21101(5)
, who is subject to
49 U.S.C. 21103
effective July 16, 2009;
(2) A train employee providing commuter rail passenger transportation or intercity rail passenger transportation as defined in
49 U.S.C. 24102
who, pursuant to
49 U.S.C. 21102(c)
, is subject to
49 U.S.C. 21103
as it was in effect on October 15, 2008; or
Code of Federal Regulations
276
(3) An individual subject to any Federal Railroad Administration regulations prescribed pursuant to
49 U.S.C. 21109
governing the hours of service of train employees.
Railroad-supplied electronic device means an electronic device provided to a railroad operating employee by the employing railroad for an authorized business purpose. A railroad-supplied device will be considered a personal electronic device when it is being used by the employee for a purpose other than an authorized business purpose.
Switching operation means the classification of rail cars according to commodity or destination; assembling of cars for train movements; changing the position of cars for purposes of loading, unloading, or weighing; placing of locomotives and cars for repair or storage; or moving of rail equipment in connection with work service that does not constitute a train movement.
Train, for purposes of subparts A and B of this part, means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with 49 CFR part 232
or part 238
, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains. The term, for purposes of subpart C of this part, means—
(1) A single locomotive,
(2) Multiple locomotives coupled together, or
(3) One or more locomotives coupled with one or more cars.