Huzzah!!!, Huzzah!!!

How many of you have "Highly Visible Marking Devices for the trailing end of the rear car" of your passenger trains? Title 49 of the Code of Federal Regulations, Part 221. There are exceptions, but will you and the dreaded inspector take advantage of them?
One of the feared problems is the possibility that the only way to satisfy every regulation (without resort to exceptions and exemptions) is to put the equipment on static display and get a rebuilt Amfleet car to haul your passengers.

And how hard would it be to have a highly visible marker? You know, anyone with a basic grasp of railroad history -- you'd think museum ops would be in that category -- would remember that markers used to be required. Really how had is it to rig up a marker or a lamp for the rear of a train? It's not.

Most of the regulations that the FRA would impose if they actually took the time to inspect tourist ops are safety related and very common sense.

I'm with Bob and Jason -- FRA wants to inspect, good. And our attitude in the industry ought to be that we're glad, and that we want to work with the FRA to ensure all our guests have a safe and rewarding experience. Not oh boy lets hide all the things we know we're doing wrong and don't want to go to the expense or trouble of correcting by sweeping them under the carpet.

"Highly Visible" might be the hard part, a marker or lamp doesn't qualify. There are exceptions in the rule, for instance for antique and historic cars, and 1 train at a time railroads.
Maybe it's easier to complain than to find an exception that allows you to easily comply.

A highly visible marker is nothing more than a F.R.E.D. (flashing rear end device) or a red/safety orange flag positioned in the coupler on the rear of the end car.

FYI...

Has anyone had a "red/safety orange flag" approved as specified in the regulation?
[found at GPO.gov]


[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR221.14]

[Page 274-275]

TITLE 49--TRANSPORTATION

CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION

PART 221_REAR END MARKING DEVICE_PASSENGER, COMMUTER AND FREIGHT TRAINS

Subpart B_Marking Devices

Sec. 221.14 Marking devices.

(a) As prescribed in Sec. 221.13, passenger, commuter and freight
trains shall be equipped with at least one marking device, which has
been approved by the Federal Railroad Adminstrator in accordance with
the procedures included in appendix A of this part, and which has the
following characteristics:
(1) An intensity of not less than 100 candela nor more than 1000
candela (or an effective intensity of not less than 100 candela nor more
than 1000 candela for flashing lights) as measured at the center of the
beam width;
(2) A horizontal beam with a minimum arc width of fifteen (15)
degrees each side of the vertical center line, and a vertical beam with
a minimum arc width of five (5) degrees each side of the horizontal
center line as defined in terms of the 50 candela intensity points;
(3) A color defined by the red-orange-amber color range; and
(4) If a flashing light is used, a flash rate of not less than once
every 1.3 seconds nor more than once every .7 seconds.
(b) Marking devices used on passenger and commuter trains in
compliance with paragraph (a) of this section shall be lighted under the
conditions prescribed in Sec. 221.13 (b) and (c).
(c) When a locomotive is operated singly, or at the rear of a train,
highly visible marking devices may be provided by the use of:
(1) At least one marking device that complies with paragraph (a) of
this section; or
(2) At least one illuminated red or amber classification light on
the rear

[[Page 275]]

of the locomotive, provided it complies with paragraph (a) of this
section; or
(3) The rear headlight of the locomotive illuminated on low beam.

The more importment part of 221 for preservationist would be 221.3 Application... "this part applies to...which operate on standard gauge main track which is part of the general railroad system..." and "(b) does not apply to:...historical or antiquated equipment..."

If you are going to try and understand how FRA requlations apply to your organization, start by reading 49CFR209 Appendix A, "Statement of Agency Policy Concerning Enforcenent of the Federal Railroad Safety Laws."

In short, a constant lit bright red light would do.

While this is an extra expense it's not that big of a deal.

Let's step into a broader issue for a moment. A lot of people here have been complaining about whether RYPN has a direction or suits a purpose or performs a function etc... etc....

Well here is a perfect example of how RYPN can be useful to museum and tourist operations everywhere.

Take a regulation like the end of train device, and look at the regulations, and explain them, and outline ideas on how to comply without having a root canal. What kind of equipment can be used? How much would it cost? Are there cheaper options? Etc....

Show each other how to be safe and compliant so instead of groaning the next time you hear the FRA is dropping by, you can know that you're doing things to work towards compliance and make your operation safer for guests and crew alike.

When I was with GCR it was standard proceedure to use a flag on daylight work trains. I never heard about any complaints then.

Robby

On the "big railroad" I work for, we routinely toss a flag in the rear knuckle when we are just taking a few cars from one of our yards a few miles to another (and it is daytime). I'm talking about autoracks, general freight and intermodal.

What's good for the goose?

Granted my career has been mostly involved with insular entities, but my experience with FRA has never one of an imposition of unreasonable conditions provided the operation was safe and appropriate, adequate records were maintained, and a sense of honesty and professionalism was evident. Let's not seek to borrow trouble.

dave

I want to be perfectly fair.

There ARE guys at FRA who are jerks. But this is a quality of human nature; there are just as many jerks on our side of the fence.

Similarly, there almost certainly are some regulations that seem pointless at first. Many of these involve paperwork and documentation. Yet complying with them is not that big a deal and not all that costly. It also helps crews build a habit of working within rules, which is helpful towards building professionalism.

One should also remember that the FRA has policies and procedures to challenge FRA inspectors (I have seen Washington go against an inspector) and ask for exception from part or all of a regulation. Knowing the law, why it was written (usually at the expense of life or limb before the laws were written), and how your inspector sees its application is very important. A lot of things become easier if you understand these items.

Robby

I suspect the biggest problem with this whole thing is the lack of common knowledge about what to expect and how to address FRA regulation.

I'm not particularly afraid of the FRA but I understand why someone might be. Once again I suggest what we really really really need to do as an industry is determine what our biggest concerns about the FRA are and then find ways to constructively address them.

That is exactly how Old Pueblo Trolley, HART and other street railway systems get out from under the FRA. We adhere to FTA and APTA standards for operation.