Engineer certification
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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

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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!


Questions

Questions

  • ???


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