Code of Federal Regulations (alpha)

CFR /  Title 49  /  Part 234  /  Sec. 234.415 Electronic recordkeeping.

(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.