(a) If a railroad subject to this subpart maintains records required by this subpart in electronic format in lieu of paper, the system for keeping the electronic records must meet all of the following conditions:
(1) The railroad adequately limits and controls accessibility to the records retained in its electronic database system and identifies those individuals who have such access;
(2) The railroad has a terminal at the office where the railroad's reporting officer conducts his or her official business and at each location designated by the railroad as having a copy of any record required to be retained by this subpart that is accessible for inspection and photocopying;
(3) Each such terminal has a computer and either a facsimile machine or a printer connected to a computer to retrieve and produce information in a usable format for immediate review by FRA representatives;
(4) The railroad has a designated representative who is authorized to authenticate retrieved information from the electronic system as a true and accurate copy of the electronically kept record; and
(5) The railroad provides FRA representatives with immediate access to the record(s) for inspection and copying during normal business hours and provides a printout of such record(s) upon request.
(b) If a record required by this subpart is in the form of an electronic record kept by an electronic recordkeeping system that does not comply with paragraph (a) of this section, then the record must be kept on paper in accordance with the recordkeeping requirements contained in Sec. 234.413.
Sec. Appendix A to Part 234--Schedule of Civil Penalties \1\ ------------------------------------------------------------------------
Willful
Section Violation violation------------------------------------------------------------------------
Subpart B--Reports
234.7 Accidents involving grade crossing $5,000 $7,500
signal failure...............................234.9 Grade crossing signal system failure 2,500 5,000
reports......................................
Subpart C--Response to Reports of Warning
System Malfunction
Sec.234.101 Employee notification rules........... 2,500 5,000234.103 Timely response to report of 2,500 5,000
malfunction..................................
234.105 Activation failure
(a) Failure to notify--train crews.... 5,000 7,500
Other railroads................... 5,000 7,500
(b) Failure to notify law enforcement 2,500 5,000
agency...............................
(c) Failure to comply with--flagging 5,000 5,000
requirements.........................
Speed restrictions................ 5,000 7,500
(d) Failure to activate horn or 5,000 7,500
whistle..............................
234.106 Partial activation
(a) Failure to notify--train crews.... 5,000 7,500
Other railroads................... 5,000 7,500
(b) Failure to notify law enforcement 2,500 5,000
agency...............................
(c) Failure to comply with--flagging 5,000 7,500
requirements speed restrictions......
(d) Failure to activate horn or 5,000 7,500
whistle..............................
234.107 False activation
(a) Failure to notify--train crews.... 5,000 7,500
Other railroads................... 5,000 7,500
(b) Failure to notify law enforcement 2,500 5,000
agency...............................
(c) Failure to comply with--flagging 5,000 7,500
requirements.........................
Speed restrictions................ 5,000 7,500
(d) Failure to activate horn or 5,000 7,500
whistle..............................
234.109 Recordkeeping..................... 1,000 2,000
Subpart D--Maintenance, Inspection, and
Testing
Maintenance Standards:
234.201 Location of plans................. 1,000 2,000
234.203 Control circuits.................. 1,000 2,000
234.205 Operating characteristics of 2,500 5,000
warning system apparatus.................
234.207 Adjustment, repair, or replacement 2,500 5,000
of component.............................
234.209 Interference with normal 5,000 7,500
functioning of system....................
234.211 Locking of warning system 1,000 2,000
apparatus................................
234.213 Grounds........................... 1,000 2,000
234.215 Standby power system.............. 5,000 7,500
234.217 Flashing light units.............. 1,000 2,000
234.219 Gate arm lights and light cable... 1,000 2,000
234.221 Lamp voltage...................... 1,000 2,000
234.223 Gate arm.......................... 1,000 2,000
234.225 Activation of warning system...... 5,000 7,500
234.227 Train detection apparatus......... 2,500 5,000
234.229 Shunting sensitivity.............. 2,500 5,000
234.231 Fouling wires..................... 1,000 2,000
234.233 Rail joints....................... 1,000 2,000
234.235 Insulated rail joints............. 1,000 2,000
234.237 Switch equipped with circuit 1,000 2,000
controller...............................
234.239 Tagging of wires and interference 1,000 2,000
of wires or tags with signal apparatus...
234.241 Protection of insulated wire; 1,000 2,000
splice in underground wire...............
234.243 Wire on pole line and aerial cable 1,000 2,000
234.245 Signs............................. 1,000 2,000Inspections and Tests:
234.247 Purpose of inspections and tests; 2,500 5,000
removal from service of relay or device
failing to meet test requirements........
234.249 Ground tests...................... 2,500 5,000
234.251 Standby power..................... 5,000 7,500
234.253 Flashing light units and lamp 1,000 2,000
voltage..................................
234.255 Gate arm and gate mechanism....... 1,000 2,000
234.257 Warning system operation.......... 2,500 5,000
234.259 Warning time...................... 1,000 2,000
234.261 Highway traffic signal pre-emption 1,000 2,000
234.263 Relays............................ 1,000 2,000
234.265 Timing relays and timing devices.. 1,000 2,000
234.267 Insulation resistance tests, wires 2,500 5,000
in trunking and cables...................
234.269 Cut-out circuits.................. 1,000 2,000
234.271 Insulated rail joints, bond wires, 2,500 5,000
and track connections....................
234.273 Results of tests.................. 1,000 2,000
234.275 Processor-Based Systems........... $5,000 $7,500
Subpart E--Emergency Notification Systems for
Telephonic Reporting of Unsafe Conditions at
Highway-Rail and Pathway Grade Crossings
234.303 Emergency notification systems (ENS)
for telephonic reporting of unsafe conditions
at highway-rail and pathway grade crossings:
(a) Dispatching railroad fails to 15,000 25,000
establish and maintain a toll-free
telephone service by which the railroad
can directly and promptly receive
telephone calls (calls) from the public
of reports of unsafe conditions at
crossings................................
(a)(1) Dispatching railroad fails to have 10,000 15,000
(1) Dispatching railroad fails to have 10,000 15,000
either a live person answer calls
directly and promptly, or use an
automated answering system or third-party
telephone service for receiving calls
from the public of reports of unsafe
conditions at crossings..................
(a)(2) Dispatching railroad improperly 10,000 15,000
(2) Dispatching railroad improperly 10,000 15,000
uses an automated answering system.......
(b)(1)-(2) Excepted dispatching railroad 5,000 7,500
(1)-(2) Excepted dispatching railroad 5,000 7,500
improperly uses answering machine to
receive calls of unsafe conditions at
crossings................................
(b)(2) Excepted dispatching railroad fails 5,000 7,500
(2) Excepted dispatching railroad fails 5,000 7,500
to use proper method to receive calls of
unsafe conditions at crossings during
either operational or non-operational
hours....................................
(e) Dispatching railroad improperly uses 5,000 7,500
local telephone number to receive calls
of unsafe conditions at crossings........
234.305 Remedial actions in response to
reports of unsafe conditions at highway-rail
and pathway grade crossings:Response to credible report of warning system
malfunction at a highway-rail grade crossing.
(a)(1) Maintaining railroad fails under 5,000 7,500
(1) Maintaining railroad fails under 5,000 7,500
subpart C to follow subpart C of this
part \2\.................................
(a)(2)(i) Dispatching railroad fails to 5,000 7,500
(2)(i) Dispatching railroad fails to 5,000 7,500
(i) Dispatching railroad fails to 5,000 7,500
promptly contact all trains authorized to
operate through the crossing and inform
them of the reported malfunction.........
(ii) Dispatching railroad fails to 5,000 7,500
promptly contact the maintaining railroad
and inform it of the reported malfunctionResponse to public report of warning system
malfunction at a highway-rail grade crossing.
(b)(1)(i) Railroad with both maintaining 5,000 7,500
(1)(i) Railroad with both maintaining 5,000 7,500
(i) Railroad with both maintaining 5,000 7,500
and dispatching responsibilities fails to
promptly contact all trains authorized to
operate through the crossing and inform
them of the reported malfunction.........
(ii) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
promptly contact the appropriate law
enforcement agency and inform it of the
reported malfunction.....................
(iii) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
promptly investigate the report,
determine the nature of the malfunction,
and take the appropriate remedial action.
(b)(2)(i) Railroad with only dispatching 5,000 7,500
(2)(i) Railroad with only dispatching 5,000 7,500
(i) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
all trains authorized to operate through
the crossing and inform them of the
reported malfunction.....................
(ii) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the appropriate law enforcement agency
and inform it of the reported malfunction
(iii) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the maintaining railroad and inform it of
the reported malfunction.................
(iv) Maintaining railroad fails to 5,000 7,500
promptly investigate the report,
determine the nature of the malfunction,
and take the appropriate remedial action.Response to report of warning system failure
at a pathway grade crossing.
(c)(1)(i) Railroad with both maintaining 5,000 7,500
(1)(i) Railroad with both maintaining 5,000 7,500
(i) Railroad with both maintaining 5,000 7,500
and dispatching responsibilities fails to
promptly contact all trains authorized to
operate through the crossing and inform
them of the reported failure.............
(ii) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
promptly contact the appropriate law
enforcement agency and inform it of the
reported failure.........................
(iii) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
promptly investigate the report,
determine the nature of the failure, and
without undue delay repair the active
(i) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact all
trains authorized to operate through the
crossing and inform them of the reported
failure......................................
(ii) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the appropriate law enforcement agency
and inform it of the reported failure....
(iii) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the maintaining railroad and inform it of
the reported failure.....................
(iv) Maintaining railroad fails to 5,000 7,500
promptly investigate the report,
determine the nature of the failure, and
without undue delay repair the active
warning system if necessary..............Response to report of a disabled vehicle or
other obstruction blocking a railroad track
at a highway-rail or pathway grade crossing.
(d)(1)(i) Railroad with both maintaining 5,000 7,500
(1)(i) Railroad with both maintaining 5,000 7,500
(i) Railroad with both maintaining 5,000 7,500
and dispatching responsibilities fails to
promptly contact all trains authorized to
operate through the crossing and inform
them of the reported obstruction.........
(ii) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
promptly contact the appropriate law
enforcement agency and inform it of the
reported obstruction.....................
(iii) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
promptly investigate the report,
determine the nature of the obstruction,
and without undue delay take the
necessary action to have the obstruction
removed..................................
(d)(2)(i) Railroad with only dispatching 5,000 7,500
(2)(i) Railroad with only dispatching 5,000 7,500
(i) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
all trains authorized to operate through
the crossing and inform them of the
reported obstruction.....................
(ii) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the appropriate law enforcement agency
and inform it of the reported obstruction
(iii) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the maintaining railroad and inform it of
the reported obstruction.................
(iv) Maintaining railroad fails to 5,000 7,500
promptly investigate the report,
determine the nature of the obstruction,
and without undue delay take the
necessary action to have the obstruction
removed..................................Special rule on contacting a train that is not
required to have communication equipment.
(e) Having received a report pursuant to 5,000 7,500
Sec. 234.303(c)(1), (c)(2), (d)(1), or
(d)(2), railroad fails to promptly
(2), railroad fails to promptly
contact the occupied controlling
locomotive of the train by the quickest
means available consistent with Sec.
220.13(a) of this chapter................Response to report of an obstruction of view
at a highway-rail or pathway grade crossing.
(f)(1) Railroad with both maintaining and 5,000 7,500
(1) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
timely investigate the report and remove
the obstruction if it is lawful and
feasible to do so........................
(f)(2)(i) Railroad with only dispatching 5,000 7,500
(2)(i) Railroad with only dispatching 5,000 7,500
(i) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the maintaining railroad.................
(ii) Maintaining railroad fails to timely 5,000 7,500
investigate the report and remove the
obstruction if it is lawful and feasible
to do so.................................Response to report of other unsafe condition
at a highway-rail or pathway grade crossing.
(g)(1) Railroad with both maintaining and 5,000 7,500
(1) Railroad with both maintaining and 5,000 7,500
dispatching responsibilities fails to
timely investigate the report, and timely
correct the unsafe condition if it is
lawful and feasible to do so.............
(g)(2) Railroad with only dispatching 5,000 7,500
(2) Railroad with only dispatching 5,000 7,500
responsibility fails to promptly contact
the maintaining railroad.................
(g)(3) Maintaining railroad fails to 5,000 7,500
(3) Maintaining railroad fails to 5,000 7,500
timely investigate the report, and timely
correct the unsafe condition if it is
lawful and feasible to do so.............Maintaining railroad's responsibilities for
receiving reports of unsafe conditions at
highway-rail and pathway grade crossings.
(h)(1)(i) Maintaining railroad fails to 5,000 7,500
(1)(i) Maintaining railroad fails to 5,000 7,500
(i) Maintaining railroad fails to 5,000 7,500
provide sufficient contact information to
dispatching railroad, by which the
dispatching railroad may timely contact
the maintaining railroad upon receipt of
a report.................................
(ii) Maintaining railroad fails either to 10,000 15,000
have a live person answer calls directly
and promptly, or to use an automated
answering system for receiving calls from
the dispatching railroad of a report of
an unsafe condition......................
(iii) Dispatching railroad improperly uses 10,000 15,000
an automated answering system............
(h)(2)(i)-(ii) Excepted maintaining 5,000 7,500
(2)(i)-(ii) Excepted maintaining 5,000 7,500
(i)-(ii) Excepted maintaining 5,000 7,500
railroad fails to use proper method to
receive calls of unsafe conditions at
crossings during operational or non-
operational hours........................
234.306 Multiple dispatching or maintaining
railroads with respect to the same highway-
rail or pathway grade crossing; appointment
of responsible railroad:
(a)(1) Each of the dispatching railroads 10,000 15,000
(1) Each of the dispatching railroads 10,000 15,000
for the crossing fails to appoint a
primary dispatching railroad for the
crossing.................................
(a)(1)(i)-(iv) The primary dispatching 5,000 7,500
(1)(i)-(iv) The primary dispatching 5,000 7,500
(i)-(iv) The primary dispatching 5,000 7,500
railroad for the crossing fails to carry
out one of the prescribed duties.........
(a)(2) Another pertinent dispatching 5,000 7,500
(2) Another pertinent dispatching 5,000 7,500
railroad for the crossing fails to carry
out remedial action as required by Sec.
234.305..................................
(b)(1) Each of the maintaining railroads 5,000 7,500
(1) Each of the maintaining railroads 5,000 7,500
for the crossing fails to appoint one
maintaining railroad responsible for the
placement and maintenance of the ENS
sign(s)..................................
(b)(2) The assigned maintaining railroad 5,000 7,500
(2) The assigned maintaining railroad 5,000 7,500
in Sec. 234.306(b)(1) fails to display
on the ENS sign(s) the emergency
telephone number of the dispatching
railroad or primary dispatching railroad
for the crossing.........................
(c)(1) The dispatching railroad or primary 5,000 7,500
(1) The dispatching railroad or primary 5,000 7,500
dispatching railroad fails to promptly
contact and inform the appropriate
maintaining railroad(s) for the crossing
of the reported problem..................
(c)(2) The maintaining railroad fails to 10,000 15,000
(2) The maintaining railroad fails to 10,000 15,000
carry out remedial action as required by
Sec. 234.305............................
234.307 Use of third-party telephone service
by dispatching and maintaining railroads \3\:
(a)(1) Dispatching railroad improperly 10,000 15,000
(1) Dispatching railroad improperly 10,000 15,000
uses third-party telephone service.......
(a)(2) Dispatching railroad fails to 10,000 15,000
(2) Dispatching railroad fails to 10,000 15,000
ensure third-party telephone service
compliance with Sec. 234.307............
(b)(1) Maintaining railroad improperly 10,000 15,000
(1) Maintaining railroad improperly 10,000 15,000
uses third-party telephone service.......
(b)(2) Maintaining railroad fails to 10,000 15,000
(2) Maintaining railroad fails to 10,000 15,000
ensure third-party telephone service
compliance with Sec. 234.307............
(d)(1) Railroad fails to provide 2,500 5,000
(1) Railroad fails to provide 2,500 5,000
sufficient contact information to third-
party telephone service..................
(d)(2)(i) Railroad fails to inform FRA in 2,500 5,000
(2)(i) Railroad fails to inform FRA in 2,500 5,000
(i) Railroad fails to inform FRA in 2,500 5,000
writing before the implementation of a
third-party telephone service............
(ii) Railroad fails to provide FRA with 2,500 5,000
contact information for the third-party
telephone service........................
(iii) Railroad fails to provide FRA with 2,500 5,000
information identifying the crossings
about which the third-party telephone
service will receive reports.............
(d)(3) Railroad fails to inform FRA in 2,500 5,000
(3) Railroad fails to inform FRA in 2,500 5,000
writing within 30 days following any
changes in the use of, or the
discontinuance of, third-party telephone
service..................................
(d)(4) \4\ Dispatching or maintaining
(4) \4\ Dispatching or maintaining
railroad fails to take appropriate action
required by Sec. 234.305.
(e) \5\ Railroad fails to ensure third-
party telephone service compliance with
Sec. 234.313 or Sec. 234.315, as
applicable.
234.309 ENS signs in general:
(a) Dispatching railroad fails to provide 2,500 5,000
ENS telephone number to the maintaining
railroad a minimum of 180 days prior to
the required implementation date of the
ENS......................................
(b)(1)-(3) \6\ Responsible railroad fails 5,000 7,500
(1)-(3) \6\ Responsible railroad fails 5,000 7,500
to display minimum required information
on ENS sign..............................
(c)(1)-(4) \7\ Responsible railroad fails 5,000 7,500
(1)-(4) \7\ Responsible railroad fails 5,000 7,500
to display ENS sign that meets size and
other physical requirements..............
234.311 ENS sign placement and maintenance:
(a)(1)-(2) Responsible railroad fails to 5,000 7,500
(1)-(2) Responsible railroad fails to 5,000 7,500
place and maintain required number of
sign(s) at the crossing or entrance(s) to
facility.................................
(b)(1)-(2) Responsible railroad fails to 5,000 7,500
(1)-(2) Responsible railroad fails to 5,000 7,500
properly locate and maintain the sign(s)
at the crossing..........................
234.313 Recordkeeping:
(a)(1)-(9) Railroad fails to maintain in 2,500 5,000
(1)-(9) Railroad fails to maintain in 2,500 5,000
its records the minimum information
required for each ENS report received....
(c)(1)-(2) Responsible railroad(s) fail(s) 2,500 5,000
(1)-(2) Responsible railroad(s) fail(s) 2,500 5,000
to record in writing an appointment of a
railroad, pursuant to Sec. 234.306, or
properly retain a copy of the document...
(d)(1) Railroad fails to properly retain 2,500 5,000
(1) Railroad fails to properly retain 2,500 5,000
records..................................
(d)(2) Railroad fails to provide FRA 2,500 5,000
(2) Railroad fails to provide FRA 2,500 5,000
access to records........................
234.315 Electronic recordkeeping:
(a)-(b) Railroad fails to comply with 2,500 5,000
electronic recordkeeping requirements....
Subpart F--Highway-Rail and Pathway Crossing
Inventory Reporting
Sec. 234.403 Submission of data to the
Crossing Inventory:
(b) Failure to complete Inventory Form (or $1,000 $2,000
electronic equivalent) in accordance with
the Inventory Guide......................
(c) Class I railroad failure to submit 1,000 2,000
crossing data to the Crossing Inventory
electronically...........................Sec. 234.405 Submission of initial data to
the Crossing Inventory for previously
unreported crossings:
(a) Primary operating railroad failure to 2,500 5,000
timely submit an accurate and complete
Inventory Form (or electronic equivalent)
to the Crossing Inventory for previously
unreported crossing......................
(b) Operating railroad failure to timely 2,500 5,000
submit accurate partial crossing data to
the Crossing Inventory for previously
unreported crossing......................
(c) Operating railroad failure to provide 1,000 2,000
written notification to FRA that the
primary operating railroad failed to
timely report previously unreported
crossing.................................Sec. 234.407 Submission of initial data to
the Crossing Inventory for new crossings:
(a) Primary operating railroad failure to 2,500 5,000
timely submit an accurate and complete
Inventory Form (or electronic equivalent)
to the Crossing Inventory for new
crossing.................................
(b) Operating railroad failure to timely 2,500 5,000
submit accurate partial crossing data to
the Crossing Inventory for new crossing..
(c) Operating railroad failure to provide 1,000 2,000
written notification to FRA that the
primary operating railroad failed to
timely report new crossing...............Sec. 234.409 Submission of periodic updates
to the Crossing Inventory:
(a) Primary operating railroad failure to 2,500 5,000
timely submit up-to-date and accurate
crossing data to the Crossing Inventory
for highway-rail or pathway crossing.....
(b) Operating railroad failure to timely 2,500 5,000
submit up-to-date and accurate partial
crossing data to the Crossing Inventory
for highway-rail or pathway crossing.....
(c) Operating railroad failure to provide 1,000 2,000
written notification to FRA that the
primary operating railroad failed to
timely submit up-to-date crossing data...Sec. 234.411 Changes requiring submission of
updated information to the Crossing
Inventory:
(a) Failure to timely report crossing sale 2,500 5,000
to the Crossing Inventory................
(b) Primary operating railroad failure to 2,500 5,000
timely report crossing closure to the
Crossing Inventory.......................
(c) Primary operating railroad failure to 2,500 5,000
timely submit up-to-date and accurate
crossing data to the Crossing Inventory
after change in crossing characteristics.Sec. 234.413 Recordkeeping................... 1,000 2,000
Sec. 234.415 Electronic recordkeeping.... 1,000 2,000------------------------------------------------------------------------\1\ A penalty may be assessed against an individual only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $105,000 for any violation where circumstances warrant. See 49
CFR part 209, appendix A. To facilitate the assessment of penalty
amounts, the specific types of violations of a given section are
sometimes designated by the paragraph of the section (e.g., ``(a)'')
and a code not corresponding to the legal citation for the violation
(e.g., ``(1)''), so that the complete citation in the penalty schedule
is e.g., ``(a)(1).'' FRA reserves the right to revise the citation of
the violation in the Summary of Alleged Violations issued by FRA in
the event of litigation.\2\ Either this section or the parallel section of subpart C of this
part may be cited, but not both.\3\ FRA does not plan to assess civil penalties against a third-party
telephone service, under Sec. 234.307(c) or (e). However, FRA plans
to assess violations against the dispatching and maintaining railroads
for failing to ensure that the third-party telephone service complies
with the requirements of Secs. 234.307, 234.313, or 234.315, if
applicable. See Sec. 234.307(a), (b), (e).
\4\ For a violation of Sec. 234.307(d)(4), a penalty should be assessed
for the specific type of violation according to the penalty schedule
for a violation of Sec. 234.305.\5\ For a violation of Sec. 234.307(e) pertaining to recordkeeping, a
penalty should be assessed for the specific type of violation in the
penalty schedule for a violation of Secs. 234.313 or 234.315, as
applicable.\6\ FRA reserves the right to cite a violation for each item of required
information omitted from a sign.\7\ FRA reserves the right to cite a violation for each physical
characteristic that is nonconforming. [61 FR 31806, June 20, 1996, as amended at 63 FR 11623, Mar. 10, 1998; 69 FR 30595, May 28, 2004; 70 FR 11094, Mar. 7, 2005; 73 FR 76704, Dec. 30, 2008; 77 FR 24422, Apr. 24, 2012; 80 FR 786, Jan. 6, 2015; 80 FR 30364, May 28, 2015]
Sec. Appendix B to Part 234--Alternate Methods of Protection Under 49
CFR 234.105(c), 234.106, and 234.107(c)
[This is a summary--see body of text for complete requirements]----------------------------------------------------------------------------------------------------------------
Flagger present,
Flagger for each Police officer but not one for No flagger/no
direction of present each direction of police
traffic traffic----------------------------------------------------------------------------------------------------------------False Activation................ Normal Speed...... Normal Speed...... Proceed with Proceed with
caution--maximum caution--maximum
speed of 15 mph. speed of 15 mph.Partial Activation*............. Normal Speed...... Normal Speed...... Proceed with Proceed with
caution--maximum caution--maximum
speed of 15 mph. speed of 15 mph.Activation Failure**............ Normal Speed...... Normal Speed...... Proceed with Stop: Crewmember
caution--maximum flag traffic and
speed of 15 mph. reboard.----------------------------------------------------------------------------------------------------------------*Partial activiation--full warning not given.
Non-gated crossing with one pair of lights designed to flash alternatively, one light does not work (and back-
lights from other side not visible).
Gated crossing--gate arm not horizontal; or any portion of a gate arm is missing if that portion had held a
gate arm flashing light.**Activitation failure includes--if more than 50% of the flashing lights on any approach lane not functioning;
or if an approach lane has two or more pairs of flashing lights, there is not at least one pair operating as
intended.