> Again I show my lack of complete knowledge
> on the subject. What are the other criteria
> for narrow gauge to come under FRA
> jurisdiction? My guess would be that
> interstate operations would be one of them,
> what are some others and why (as I have been
> led to believe) is the EBT exempt, since it
> was the last narrow gauge common carrier
> East of the Mississippi?

EBT is not exempt; common carrier status or the lack thereof is immaterial. There is a running battle between the FRA and Kovalcheck over this, with lots of politics involved. Expect it to eventually end up in court.

You can go to www.steamcentral.com and download the entire CFR49 Part 230. It's worth the effort, if only to correct misinformation that is still out there.

Basically, FRA jusrisdiction applies to all railroads EXCEPT:

1. A railroad with track gage of less than 24 inches. (24 inch gage and above is covered, unless it has factors listed below that would exempt it)

2. A freight only railroad operating exclusively on track inside an instlalation that ias not part of the general system of transportation (e.g. a plant or factory or mine railroad).

3. Rapid transit operations not connected to the general system of transportation. (and no, EBT is not rapid transit)

4. A railroad that operates inside and instlalation that is insular. Insular means there are no road crossings, no conenction to the geenral railroad system, no bridges over public roads or navigable waterways, no access for trespassers or the public, and that doesn not share a right of way with any other railroad.

Being intersate or a common carrier, or not being either of the above are not factors.

States cannot impose their own regs on locomotives that FRA has jurisdiction over. However, FRA has agreements with some states where state inspectors can inspect, but can only enforce the FRA regs. They cannot enforce or impose state regs. in place of or in addition to the FRA regs.

> Basically, FRA jusrisdiction applies to all
> railroads EXCEPT:

> 1. A railroad with track gage of less than
> 24 inches. (24 inch gage and above is
> covered, unless it has factors listed below
> that would exempt it)

> 2. A freight only railroad operating
> exclusively on track inside an instlalation
> that ias not part of the general system of
> transportation (e.g. a plant or factory or
> mine railroad).

> 3. Rapid transit operations not connected to
> the general system of transportation. (and
> no, EBT is not rapid transit)

> 4. A railroad that operates inside and
> instlalation that is insular. Insular means
> there are no road crossings, no conenction
> to the geenral railroad system, no bridges
> over public roads or navigable waterways, no
> access for trespassers or the public, and
> that doesn not share a right of way with any
> other railroad.

> Being intersate or a common carrier, or not
> being either of the above are not factors.

> States cannot impose their own regs on
> locomotives that FRA has jurisdiction over.
> However, FRA has agreements with some states
> where state inspectors can inspect, but can
> only enforce the FRA regs. They cannot
> enforce or impose state regs. in place of or
> in addition to the FRA regs.

Based on those criteria, I'm suprised that most amusement park railroads that are considered "rides" don't fall under FRA control. "Hey Mickey Mouse, look out, Uncle Sam is going to Blue flag your behind!" :-)



pww57@hotmail.com

> Based on those criteria, I'm suprised that
> most amusement park railroads that are
> considered "rides" don't fall
> under FRA control. "Hey Mickey Mouse,
> look out, Uncle Sam is going to Blue flag
> your behind!" :-)

Amusement park railroads virtually always fall under item number 4, if not number 1 (gage).

Also, anything that is exempt from FRA under the cirteria set forth in Part 230 is then subject to full state regulation. So not many get off with no regulation/inspection at all. Except maybe some of the tiny "live steamers."