Conductor Decertification Discipline
10.22.2012
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FRA Published Rules
Conductor Certification
• Goes into effect on December 1, 2012.
• Along with certification requirements, the FRA
specified six events that would result in revocation of
the conductor certification, in addition to the existing
6 for locomotive engineers.
• New Upgrade levels apply for these events: Either
with a revocation or without a revocation.
• Events prior to December 1, will reflect ‘NA’.
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FRA Published Rules
Conductor Certification
• In all cases of revocation, the proposed UPGRADE level is a 4C, 5
(Drug and alcohol), or 4D.
• Revocation events resulting in a level 4C will be subject to the
disciplinary action per the current UPGRADE policy.
• Revocation events resulting in a 4D will result in a suspension equal to
the revocation period.
• Aside from suspension period associated with a revocation, a level 4D
will be treated the same as a 4C relative to other elements within the
UPGRADE policy (level build, retention period, repeat infractions, etc).
• As such, like a 4C assessment, if the progression of levels exceeds 4D
or there is repetition of 4D rule violations, the result will be dismissal.
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Certification Revocations and Applicable Rules
FRA Regulation Revocations
Six New Conductor-Only Revocations
242.403(e)(6) - 218.99 - shoving or pushing
movements
6.5 – Shoving Movements (Unprotected Shove)
242.403(e)(7) - 218.101 - leaving rolling and on-track
maintenance of way equipment in the clear
7.1 – Switching Safely and Efficiently
81.8.1 – Avoiding Fouling Hazards
242.403(e)(8) - 218.103 - hand operated switches
including crossover switches
8.2 – Positions of Derail Switches
8.8 - Switches Equipped with Locks, Hooks, or
Latches
8.9.1 - Testing Spring Switch
8.11 - Switches in Sidings
8.12 - Hand-Operated Crossover Switches Attached
to Main Track
8.19 – Automatic Switches other than Main Track
9.13 – When Instructed to Operate Dual Control
Switches by Hand Other Thank Main Track
9.13.1 – Hand operation of Dual Control Switches
Other Than Main Track
§242.403
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Certification Revocations and Applicable Rules
FRA Regulation Revocations
Six New Conductor-Only Revocations
242.403(e)(9) - 218.105 - additional operational
requirements for hand-operated main track
switches
8.3 - Main Track Switches
8.5 – Clearing Main Track Before Restoring Switch
8.12 – Hand – Operated Crossover Switches
Attached to Main Track
8.19 - Automatic Switches Other Than Main Track
9.13 - When Instructed to Operate Dual Control
Switches by Hand Other Than Main Track
9.13.1 - Hand Operation of Dual Control Switches
Other Than Main Track
9.17 - Entering Main Track at Hand-Operated or
Spring Switch
10.1 - Authority to Enter CTC Limits
ITEM10K - Main Track Switches
242.403(e)(10) - 218.107- additional operational
requirements for hand-operated crossover switches
5.13 - Blue Signal Protection of Workmen
8.12 - Hand-Operated Crossover Switches Attached
to Main Track
242.403(e)(11) - 218.109 - hand operated fixed
derails
8.2 - Position of Derail Switches
8.20 - Derail Location and Position
§242.403
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Certification Revocations and Applicable Rules
FRA Regulation Revocations
Original 6 Revocations
242.403(e)(1) Failure to take action to prevent
engineer from passing a signal requiring a complete
stop before passing
5.4.7 - Display of Red Flag or Red light
9.5 - Where Stop Must Be Made
242.403(e)(2)(i) Conductor in operating cab - Failure
to take action to prevent exceeding speed by 10 mph
or Restricted speed incidents causing reportable
injury or accidents/incidents which exceed $9500
(2012)
6.32.2 - Automatic Warning Device
6.27 - Movement at Restricted Speed
6.28 - Movement on Other Than Main Track
6.31 - Maximum Authorized Speed (exceeds
authorized speed by 10 mph)
242.403(e)(2)(ii) Conductor NOT in operating cab Appropriate action is when in compliance with all
railroad operating rules and special instructions.
(Example: Conductor must remind engineer of
restriction not more than 5 miles but at least 2 miles
in advance)
§240.117 & §242.403
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Certification Revocations and Applicable Rules
FRA Regulation Revocations
Original 6 Revocations
242.403(e)(3) Failure to perform or have knowledge
that a required train air brake test was not
performed.
242.403(e)(4) Failure to take action to prevent
engineer from occupying main track or segment of
main track without authority.
30.3.2 - Initial Terminal Air Brake Test
30.4.1 - 1000 Mile Inspection Tests
30.5.1 - Transfer Train
30.7.1 - Application and Release Test
38.1.2 – 38.1.5 - Passenger/Commuter Brake Tests *
6.3 - Main Track Authorization
15.2 - Protection by Track Bulletin Form B
§240.117 & §242.403
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Certification Revocations and Applicable Rules
FRA Regulation Revocations
Original 6 Revocations
242.403(e)(5) Tampering with locomotive mounted
safety devices. Knowingly fail to take action to
prevent engineer from tampering with locomotive
mounted safety devices. Knowingly fail to take
action to prevent engineer from operating a train
with unauthorized disabled safety devices.
1.23.1 - Locomotive Mounted Safety Devices
35.3.1 - Operator Equipment
219.101 – drugs & alcohol
1.5 - Drug and Alcohol
Currently part of Chapter 38 - not by specific rule
All engineer decertification situations will also apply
to conductor when conductor certification is
implemented
*On duty use of alcohol or controlled substance
*On duty possession of alcohol or controlled
substance
*Refusal or failure to provide breath or blood sample
for testing
219.102 – drugs
*On or Off duty use of controlled substance
*Refusal or failure to provide a urine sample for
testing
§240.117 & §242.403 240.119 & §242.115 & §219.101 & 102
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