49 CFR §240.125
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Each railroad shall adopt and comply with a program that meets the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.
- (b)A railroad shall have procedures for testing a person being evaluated for qualification as a locomotive engineer in either train or locomotive service to determine that the person has sufficient knowledge of the railroad's rules and practices for the safe operation of trains.
- (c)The testing methods selected by the railroad shall be:
- (1)Designed to examine a person's knowledge of the railroad's rules and practices for the safe operation of trains;
- (2)Objective in nature;
- (3)Administered in written form;
- (4)Cover the following subjects:
- (5)Sufficient to accurately measure the person's knowledge of the covered subjects; and
- (6)Conducted without open reference books or other materials except to the degree the person is being tested on his or her ability to use such reference books or materials.
- (d)The conduct of the test shall be documented in writing and the documentation shall contain sufficient information to identify the relevant facts relied on for evaluation purposes.
- (e)For purposes of paragraph (c) of this section, the railroad must provide the person(s) being tested with an opportunity to consult with a supervisory employee, who possesses territorial qualifications for the territory, to explain a question.
- (f)The documentation shall indicate whether the person passed or failed the test.
- (g)If a person fails to pass the test, no railroad shall permit or require that person to function as a locomotive engineer prior to that person's achieving a passing score during a reexamination of the person's knowledge.