49 CFR §246.305

1. (a)The starting date for a period of ineligibility described in this section shall be:
   1. (1)For a person not currently certified, the date of the railroad's written determination that the most recent incident has occurred; or
   2. (2)For a person currently certified, the date of the railroad's notification to the person that recertification has been denied or certification has been suspended.
2. (b)A period of ineligibility shall be determined according to the following standards:
   1. (1)In the case of a single incident involving a violation of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices described in § 246.303(e)(1) through (10), the person shall have their certificate revoked for a period of 30 calendar days.
   2. (2)In the case of two separate incidents involving a violation of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices described in § 246.303(e)(1) through (10), that occurred within 24 months of each other, the person shall have their certificate revoked for a period of six months.
   3. (3)In the case of three separate incidents involving violations of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices, described in § 246.303(e)(1) through (11), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of one year.
   4. (4)In the case of four separate incidents involving violations of one or more of the Federal regulatory provisions or railroad rules, procedures, signal standards, or practices, described in § 246.303(e)(1) through (11), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of three years.
   5. (5)Where, based on the occurrence of violations described in § 246.303(e)(11), different periods of ineligibility may result under the provisions of this section and § 246.115, the longest period of revocation shall control.
3. (c)Any or all periods of revocation provided in paragraph (b) of this section may consist of training.
4. (d)A person whose certification is denied or revoked shall be eligible for grant or reinstatement of the certificate prior to the expiration of the initial period of ineligibility only if:
   1. (1)The denial or revocation of certification in accordance with the provisions of paragraph (b) of this section is for a period of one year or less;
   2. (2)Certification is denied or revoked for reasons other than noncompliance with § 219.101 of this chapter;
   3. (3)The person is evaluated by a railroad officer and determined to have received adequate remedial training;
   4. (4)The person successfully completes any mandatory program of training or retraining, if that is determined to be necessary by the railroad prior to return to service; and
   5. (5)At least one half of the pertinent period of ineligibility specified in paragraph (b) of this section has elapsed.