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

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engineer certification

Engineer Certification

John Conklin – Program Manager, Locomotive Engineer Certification

dmv ndr checks
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
decertification offenses
Decertification Offenses
  • Stop signals
    • Wayside signals
    • Red flags/lights
    • Banners (if designated as stop signals)
      • Issues
        • Not illuminated at night
decertification offenses cont
Decertification Offenses (cont)
  • Speeding
    • 10 mph or more over max auth spd
    • Restricted speed
      • FRA reportable accident/incident
        • Damages > $8500
    • EOT failures/ditch lights
decertification offenses cont1
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
decertification offenses cont2
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
decertification offenses cont3
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
decertification offenses cont4
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
revocation periods
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
revocation periods cont
Revocation Periods (cont)
  • Revocation periods of 1 yr or less may be cut in half at RR’s discretion
denial of certification
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
denial of certification cont
Denial of Certification (cont)
  • Denial can be based solely on 240.115, 240.117, 240.119 with no opportunity to comment
territory qualification
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
pilots
Pilots
  • Joint operations – must be qualified engr
  • Home road – must be engr if you never operated over territory
revocation process
Revocation process
  • Notification of suspension and reason
  • Opportunity for a hearing unless waived
  • Revocation notice
appeal process
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
trends over past ten years
Trends Over Past Ten Years
  • Increased train-miles
  • Increased decertifications
  • Increased decertification rates
  • Increased violations in stops signals, speed, and track authorities
words to remember
Words to Remember
  • TRUST NO ONE!
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