49 C.F.R. Subpart B—Records and Reporting
Title 49 - Transportation
(a) For purposes of this part, time on duty of an employee actually engaged in or connected with the movement of any train, including a hostler, begins when he reports for duty and ends when he is finally released from duty, and includes— (1) Time engaged in or connected with the movement of any train; (2) Any interim period available for rest at a location that is not a designated terminal; (3) Any interim period of less than 4 hours available for rest at a designated terminal; (4) Time spent in deadhead transportation en route to a duty assignment; and (5) Time engaged in any other service for the carrier. Time spent in deadhead transportation by an employee returning from duty to his point of final release may not be counted in computing time off duty or time on duty. (b) For purposes of this part, time on duty of an employee who dispatches, reports, transmits, receives, or delivers orders pertaining to train movements by use of telegraph, telephone, radio, or any other electrical or mechanical device includes all time on duty in other service performed for the common carrier during the 24-hour period involved. (c) For purposes of this part, time on duty of an employee who is engaged in installing, repairing or maintaining signal systems includes all time on duty in other service performed for a common carrier during the 24-hour period involved. [37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978] (a) Records maintained under this part shall be— (1) Signed by the employee whose time on duty is being recorded or, in the case of train and engine crews, signed by the ranking crew member; (2) Retained for 2 years; and (3) Available for inspection and copying by the Administrator during regular business hours. (b) [Reserved] (a) Each carrier shall keep a record of the following information concerning the hours of duty of each employee: (1) Identification of employee. (2) Place, date, and beginning and ending times for hours of duty in each occupation. (3) Total time on duty in all occupations. (4) Number of consecutive hours off duty prior to going on duty. (5) Beginning and ending times of periods spent in transportation, other than personal commuting, to or from a duty assignment and mode of transportation (train, track car, carrier motor vehicle, personal automobile, etc.). (b) [Reserved] [37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978] (a) Each carrier shall keep, for each dispatching district, a record of train movements made under the direction and control of a dispatcher who uses telegraph, telephone, radio, or any other electrical or mechanical device to dispatch, report, transmit, receive, or deliver orders pertaining to train movements. The following information shall be included in the record: (1) Identification of timetable in effect. (2) Location and date. (3) Identification of dispatchers and their times on duty. (4) Weather conditions at 6-hour intervals. (5) Identification of enginemen and conductors and their times on duty. (6) Identification of trains and engines. (7) Station names and office designations. (8) Distances between stations. (9) Direction of movement and the time each train passes all reporting stations. (10) Arrival and departure times of trains at all reporting stations. (11) Unusual events affecting movement of trains and identification of trains affected. (b) [Reserved] (a) Each carrier shall report to the Associate Administrator for Safety, (RRS–1), Federal Railroad Administration, Washington, DC 20590, each of the following instances within 30 days after the calendar month in which the instance occurs: (1) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, is on duty for more than 12 consecutive hours. (2) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, returns to duty after 12 hours of continuous service without at least 10 consecutive hours off duty. (3) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, continues on duty without at least 8 consecutive hours off duty during the preceding 24 hours.1 1 Instances involving tours of duty that are broken by four or more consecutive hours off duty time at a designated terminal which do not constitute more than a total of 12 hours time on duty are not required to be reported, provided such tours of duty are immediately preceded by 8 or more consecutive hours off-duty time. Instances involving tours of duty that are broken by less than 8 consecutive hours off duty which constitute more than a total of 12 hours time on duty must be reported. (4) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, returns to duty without at least 8 consecutive hours off duty during the preceding 24 hours.1 (5) An employee who transmits, receives, or delivers orders affecting train movements is on duty for more than 9 hours in any 24-hour period at an office where two or more shifts are employed. (6) An employee who transmits, receives, or delivers orders affecting train movements is on duty for more than 12 hours in any 24-hour period at any office where one shift is employed. (7) An employee engaged in installing, repairing or maintaining signal systems is on duty for more than 12 hours in a twenty-four hour period. (8) An employee engaged in installing, repairing or maintaining signal systems returns to duty after 12 hours of continuous service without at least 10 consecutive hours off duty. (9) An employee engaged in installing, repairing or maintaining signal systems continues on duty without at least 8 consecutive hours off duty during the preceding 24 hours. (10) An employee engaged in installing, repairing or maintaining signal systems returns to duty without at least 8 consecutive hours off duty during the preceding 24 hours. (b) Reports required by paragraph (a) of this section shall be filed in writing on FRA Form F–6180–32 2 Form may be obtained from the Office of Safety, Federal Railroad Administration, Washington, DC 20590. Reproduction is authorized. [37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978] Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $550 and not more than $11,000 per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $27,000 per violation may be assessed. Each day a violation continues shall constitute a separate offense. See appendix B to this part for a statement of agency civil penalty policy. Violations of the Hours of Service Act itself (e.g., requiring an employee to work excessive hours or beginning construction of a sleeping quarters subject to approval under subpart C of this part without prior approval) are subject to penalty under that Act's penalty provision, 45 U.S.C. 64a. [53 FR 52931, Dec. 29, 1988, as amended at 63 FR 11622, Mar. 10, 1998; 69 FR 30594, May 28, 2004] Any person who knowingly and willfully falsifies a report or record required to be kept under this part or otherwise knowingly and willfully violates any requirement of this part may be liable for criminal penalties of a fine up to $5,000, imprisonment for up to two years, or both, in accordance with 45 U.S.C. 438(e). [53 FR 52931, Dec. 29, 1988]
Title 49: Transportation
PART 228—HOURS OF SERVICE OF RAILROAD EMPLOYEES
Subpart B—Records and Reporting
§ 228.7 Hours of duty.
§ 228.9 Railroad records; general.
§ 228.11 Hours of duty records.
§ 228.17 Dispatcher's record of train movements.
§ 228.19 Monthly reports of excess service.
§ 228.21 Civil penalty.
§ 228.23 Criminal penalty.
