49 CFR §245.121
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)After FRA has approved a railroad's dispatcher certification program, the railroad shall determine, prior to issuing any person a dispatcher certificate and in accordance with the requirements of this section, that the person has demonstrated sufficient knowledge of the railroad's rules and practices for the safe movement of trains.
- (b)In order to make the knowledge determination required by paragraph (a) of this section, a railroad shall have procedures for testing a person being evaluated for certification as a dispatcher that are:
- (1)Designed to examine a person's knowledge of the railroad's operating rules and practices for the safe movement of trains;
- (2)Objective in nature;
- (3)In written or electronic form;
- (4)Covering 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 their ability to use such reference books or materials.
- (c)The railroad shall provide the certification candidate with an opportunity to consult with a supervisory employee who possesses territorial qualifications for the territory to explain a test question.
- (d)If a person fails the test, no railroad shall permit or require that person to work as a dispatcher prior to that person's achieving a passing score during a reexamination of the test.
- (e)Each railroad shall adopt and comply with a program meeting 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 which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.