Engineer Certification

1. Engineer Certification John Conklin – Program Manager, Locomotive Engineer Certification

2. DMV & NDR Checks • License suspension for D&A use or refusal to test (past 36 months) • Upon conviction, incident must be reported to RR within 48 hours • Referral to EAP for evaluation • Must complete any prescribed treatment program

3. Decertification Offenses • Stop signals • Wayside signals • Red flags/lights • Banners (if designated as stop signals) • Issues • Not illuminated at night

4. Decertification Offenses (cont) • Speeding • 10 mph or more over max auth spd • Restricted speed • FRA reportable accident/incident • Damages > $8500 • EOT failures/ditch lights

5. Decertification Offenses (cont) • Train air brake tests (frt) • Class 1 (initial terminal) • Class 1A (intermediate) • Class 2 (intermediate) • Class 3 (intermediate) • Changing locomotive consist • Changing ends • Adding cars/removing cars

6. Decertification Offenses (cont) • Main track authorities • All designated main tracks/controlled sidings • Form B’s (track work limits) • Stop & Protect at crossing orders • Beware of hand signals from unauthorized flaggers

7. Decertification Offenses (cont) • Tampering • If a safety device is cut out, report it • Do not modify anything! • If a safety device must be cut out, obtain permission from the dispatcher

8. Decertification Offenses (cont) • Drugs/Alcohol • 219.101 violation - on duty use/possession (no alcohol after call or within 4 hrs of duty) • Mandatory 9 months suspension • 219.102 violation – control substance use • EAP evaluation and back to work following any treatment program • Refusal to test – automatic 9 month suspension

14. Revocation Periods • First offense – 1 month • Second offense (within 24 months) – 6 months • Second offense (outside 24 months) – 1 month • Third offense (within 36 months) – 1 yr • Fourth offense (within 36 months) – 3 yrs

15. Revocation Periods (cont) • Revocation periods of 1 yr or less may be cut in half at RR’s discretion

16. Denial of Certification • RR must notify candidate of basis for denying certification • Afford candidate opportunity to rebut in writing • If RR denies certification, must notify candidate in writing of reasons • No hearing required • Federal courts agreed • Appeal pending

17. Denial of Certification (cont) • Denial can be based solely on 240.115, 240.117, 240.119 with no opportunity to comment

18. Territory Qualification • Must be determined by DSLE qualified on the territory (check ride may or may not be necessary) • No assumptions based on # of trips

19. Pilots • Joint operations – must be qualified engr • Home road – must be engr if you never operated over territory

20. Revocation process • Notification of suspension and reason • Opportunity for a hearing unless waived • Revocation notice

21. Appeal Process • LERB appeal • 120 days to file FRA appeal for revocation • 180 days to file FRA appeal for denial • Hearing • Request within 20 days of LERB decision • Appeal to FRA Administrator • Request within 35 days of hearing decision • Federal court system

24. Trends Over Past Ten Years • Increased train-miles • Increased decertifications • Increased decertification rates • Increased violations in stops signals, speed, and track authorities

30. Words to Remember • TRUST NO ONE!

31. Questions • ???