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e-CFR Data is current as of November 19, 2009


Title 49: Transportation
PART 234—GRADE CROSSING SIGNAL SYSTEM SAFETY

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Subpart D—Maintenance, Inspection, and Testing

Maintenance Standards

§ 234.201   Location of plans.

Plans required for proper maintenance and testing shall be kept at each highway-rail grade crossing warning system location. Plans shall be legible and correct.

§ 234.203   Control circuits.

All control circuits that affect the safe operation of a highway-rail grade crossing warning system shall operate on the fail-safe principle.

§ 234.205   Operating characteristics of warning system apparatus.

Operating characteristics of electromagnetic, electronic, or electrical apparatus of each highway-rail crossing warning system shall be maintained in accordance with the limits within which the system is designed to operate.

§ 234.207   Adjustment, repair, or replacement of component.

(a) When any essential component of a highway-rail grade crossing warning system fails to perform its intended function, the cause shall be determined and the faulty component adjusted, repaired, or replaced without undue delay.

(b) Until repair of an essential component is completed, a railroad shall take appropriate action under §234.105, Activation failure, §234.106, Partial activation, or §234.107, False activation, of this part.

§ 234.209   Interference with normal functioning of system.

(a) The normal functioning of any system shall not be interfered with in testing or otherwise without first taking measures to provide for safety of highway traffic that depends on normal functioning of such system.

(b) Interference includes, but is not limited to:

(1) Trains, locomotives or other railroad equipment standing within the system's approach circuit, other than normal train movements or switching operations, where the warning system is not designed to accommodate those activities.

(2) Not providing alternative methods of maintaining safety for the highway user while testing or performing work on the warning systems or on track and other railroad systems or structures which may affect the integrity of the warning system.

§ 234.211   Security of warning system apparatus.

Highway-rail grade crossing warning system apparatus shall be secured against unauthorized entry.

§ 234.213   Grounds.

Each circuit that affects the proper functioning of a highway-rail grade crossing warning system shall be kept free of any ground or combination of grounds that will permit a current flow of 75 percent or more of the release value of any relay or electromagnetic device in the circuit. This requirement does not apply to: circuits that include track rail; alternating current power distribution circuits that are grounded in the interest of safety; and common return wires of grounded common return single break circuits.

§ 234.215   Standby power system.

A standby source of power shall be provided with sufficient capacity to operate the warning system for a reasonable length of time during a period of primary power interruption. The designated capacity shall be specified on the plans required by §234.201 of this part.

[66 FR 49560, Sept. 28, 2001]

§ 234.217   Flashing light units.

(a) Each flashing light unit shall be properly positioned and aligned and shall be visible to a highway user approaching the crossing.

(b) Each flashing light unit shall be maintained to prevent dust and moisture from entering the interior of the unit. Roundels and reflectors shall be clean and in good condition.

(c) All light units shall flash alternately. The number of flashes per minute for each light unit shall be 35 minimum and 65 maximum.

§ 234.219   Gate arm lights and light cable.

Each gate arm light shall be maintained in such condition to be properly visible to approaching highway users. Lights and light wire shall be secured to the gate arm.

§ 234.221   Lamp voltage.

The voltage at each lamp shall be maintained at not less than 85 percent of the prescribed rating for the lamp.

§ 234.223   Gate arm.

Each gate arm, when in the downward position, shall extend across each lane of approaching highway traffic and shall be maintained in a condition sufficient to be clearly viewed by approaching highway users. Each gate arm shall start its downward motion not less than three seconds after flashing lights begin to operate and shall assume the horizontal position at least five seconds before the arrival of any normal train movement through the crossing. At those crossings equipped with four quadrant gates, the timing requirements of this section apply to entrance gates only.

§ 234.225   Activation of warning system.

A highway-rail grade crossing warning system shall be maintained to activate in accordance with the design of the warning system, but in no event shall it provide less than 20 seconds warning time for the normal operation of through trains before the grade crossing is occupied by rail traffic.

§ 234.227   Train detection apparatus.

(a) Train detection apparatus shall be maintained to detect a train or railcar in any part of a train detection circuit, in accordance with the design of the warning system.

(b) If the presence of sand, rust, dirt, grease, or other foreign matter is known to prevent effective shunting, a railroad shall take appropriate action under §234.105, “Activation failure,” to safeguard highway users.

§ 234.229   Shunting sensitivity.

Each highway-rail grade crossing train detection circuit shall detect the application of a shunt of 0.06 ohm resistance when the shunt is connected across the track rails of any part of the circuit.

§ 234.231   Fouling wires.

Each set of fouling wires in a highway-rail grade crossing train detection circuit shall consist of at least two discrete conductors. Each conductor shall be of sufficient conductivity and shall be maintained in such condition to ensure proper operation of the train detection apparatus when the train detection circuit is shunted. Installation of a single duplex wire with single plug acting as fouling wires is prohibited. Existing installations having single duplex wires with a single plug for fouling wires may be continued in use until they require repair or replacement.

§ 234.233   Rail joints.

Each non-insulated rail joint located within the limits of a highway-rail grade crossing train detection circuit shall be bonded by means other than joint bars and the bonds shall be maintained in such condition to ensure electrical conductivity.

§ 234.235   Insulated rail joints.

Each insulated rail joint used to separate train detection circuits of a highway-rail grade crossing shall be maintained to prevent current from flowing between rails separated by the insulation in an amount sufficient to cause a failure of the train detection circuit.

§ 234.237   Reverse switch cut-out circuit.

A switch, when equipped with a switch circuit controller connected to the point and interconnected with warning system circuitry, shall be maintained so that the warning system can only be cut out when the switch point is within one-half inch of full reverse position.

§ 234.239   Tagging of wires and interference of wires or tags with signal apparatus.

Each wire shall be tagged or otherwise so marked that it can be identified at each terminal. Tags and other marks of identification shall be made of insulating material and so arranged that tags and wires do not interfere with moving parts of the apparatus. This requirement applies to each wire at each terminal in all housings including switch circuit controllers and terminal or junction boxes. This requirement does not apply to flashing light units, gate arm light units and other auxiliary light units. The local wiring on a solid state crossing controller rack does not require tags if the wiring is an integral part of the solid state equipment.

§ 234.241   Protection of insulated wire; splice in underground wire.

Insulated wire shall be protected from mechanical injury. The insulation shall not be punctured for test purposes. A splice in underground wire shall have insulation resistance at least equal to that of the wire spliced.

§ 234.243   Wire on pole line and aerial cable.

Wire on a pole line shall be securely attached to an insulator that is properly fastened to a cross arm or bracket supported by a pole or other support. Wire shall not interfere with, or be interfered with by, other wires on the pole line. Aerial cable shall be supported by messenger wire. An open-wire transmission line operating at voltage of 750 volts or more shall be placed not less than 4 feet above the nearest cross arm carrying active warning system circuits.

§ 234.245   Signs.

Each sign mounted on a highway-rail grade crossing signal post shall be maintained in good condition and be visible to the highway user.

Inspections and Tests

§ 234.247   Purpose of inspections and tests; removal from service of relay or device failing to meet test requirements.

(a) The inspections and tests set forth in §§234.249 through 234.271 are required at highway-rail grade crossings located on in service railroad tracks and shall be made to determine if the warning system and its component parts are maintained in a condition to perform their intended function.

(b) If a railroad elects not to comply with the requirements of §§234.249 through 234.271 because all tracks over the grade crossing are out of service or the railroad suspends operations during a portion of the year, and the grade crossing warning system is also temporarily taken out of service, a full inspection and all required tests must be successfully completed before railroad operations over the grade crossing resume.

(c) Any electronic device, relay, or other electromagnetic device that fails to meet the requirements of tests required by this part shall be removed from service and shall not be restored to service until its operating characteristics are in accordance with the limits within which such device or relay is designed to operate.

[61 FR 31806, June 20, 1996, as amended at 66 FR 49560, Sept. 28, 2001]

§ 234.249   Ground tests.

A test for grounds on each energy bus furnishing power to circuits that affect the safety of warning system operation shall be made when such energy bus is placed in service and at least once each month thereafter.

§ 234.251   Standby power.

Standby power shall be tested at least once each month.

§ 234.253   Flashing light units and lamp voltage.

(a) Each flashing light unit shall be inspected when installed and at least once every twelve months for proper alignment and frequency of flashes in accordance with installation specifications.

(b) Lamp voltage shall be tested when installed and at least once every 12 months thereafter.

(c) Each flashing light unit shall be inspected for proper visibility, dirt and damage to roundels and reflectors at least once each month.

§ 234.255   Gate arm and gate mechanism.

(a) Each gate arm and gate mechanism shall be inspected at least once each month.

(b) Gate arm movement shall be observed for proper operation at least once each month.

(c) Hold-clear devices shall be tested for proper operation at least once every 12 months.

§ 234.257   Warning system operation.

(a) Each highway-rail crossing warning system shall be tested to determine that it functions as intended when it is placed in service. Thereafter, it shall be tested at least once each month and whenever modified or disarranged.

(b) Warning bells or other stationary audible warning devices shall be tested when installed to determine that they function as intended. Thereafter, they shall be tested at least once each month and whenever modified or disarranged.

§ 234.259   Warning time.

Each crossing warning system shall be tested for the prescribed warning time at least once every 12 months and when the warning system is modified because of a change in train speeds. Electronic devices that accurately determine actual warning time may be used in performing such tests.

§ 234.261   Highway traffic signal pre-emption.

Highway traffic signal pre-emption interconnections, for which a railroad has maintenance responsibility, shall be tested at least once each month.

§ 234.263   Relays.

(a) Except as stated in paragraph (b) of this section, each relay that affects the proper functioning of a crossing warning system shall be tested at least once every four years.

(b)(1) Alternating current vane type relays, direct current polar type relays, and relays with soft iron magnetic structure shall be tested at least once every two years.

(2) Alternating current centrifugal type relays shall be tested at least once every 12 months.

(c) Testing of relays requiring testing on four year intervals shall be completed in accordance with the following schedule:

(1) Not less than 50% by the end of calendar year 1996;

(2) Not less than a total of 75% by the end of calendar year 1997; and

(3) One hundred percent by the end of calendar year 1998.

(d) Testing of relays requiring testing on two year intervals shall be completed by the end of calendar year 1996.

§ 234.265   Timing relays and timing devices.

Each timing relay and timing device shall be tested at least once every twelve months. The timing shall be maintained at not less than 90 percent nor more than 110 percent of the 41 predetermined time interval. The predetermined time interval shall be shown on the plans or marked on the timing relay or timing device. Timing devices which perform internal functions associated with motion detectors, motion sensors, and grade crossing predictors are not subject to the requirements of this section.

§ 234.267   Insulation resistance tests, wires in trunking and cables.

(a) Insulation resistance tests shall be made when wires or cables are installed and at least once every ten years thereafter.

(b) Insulation resistance tests shall be made between all conductors and ground, between conductors in each multiple conductor cable, and between conductors in trunking. Insulation resistance tests shall be performed when wires, cables, and insulation are dry.

(c) Subject to paragraph (d) of this section, when insulation resistance of wire or cable is found to be less than 500,000 ohms, prompt action shall be taken to repair or replace the defective wire or cable. Until such defective wire or cable is replaced, insulation resistance tests shall be made annually.

(d) A circuit with a conductor having an insulation resistance of less than 200,000 ohms shall not be used.

(e) Required insulation resistance testing that does not conform to the required testing schedule of this section shall be completed in accordance with the following schedule:

(1) Not less than 50% by the end of calendar year 1996;

(2) Not less than a total of 75% by the end of calendar year 1997; and

(3) One hundred percent by the end of calendar year 1998.

§ 234.269   Cut-out circuits.

Each cut-out circuit shall be tested at least once every three months to determine that the circuit functions as intended. For purposes of this section, a cut-out circuit is any circuit which overrides the operation of automatic warning systems. This includes both switch cut-out circuits and devices which enable personnel to manually override the operation of automatic warning systems.

§ 234.271   Insulated rail joints, bond wires, and track connections.

Insulated rail joints, bond wires, and track connections shall be inspected at least once every three months.

§ 234.273   Results of inspections and tests.

(a) Results of inspections and tests made in compliance with this part shall be recorded on forms provided by the railroad, or by electronic means, subject to approval by the Associate Administrator for Safety. Each record shall show the name of the railroad, AAR/DOT inventory number, place and date, equipment tested, results of tests, repairs, replacements, adjustments made, and condition in which the apparatus was left.

(b) Each record shall be signed or electronically coded by the employee making the test and shall be filed in the office of a supervisory official having jurisdiction. Records required to be kept shall be made available to FRA as provided by 49 U.S.C. 20107 (formerly §208 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 437)).

(c) Each record shall be retained until the next record for that test is filed but in no case for less than one year from the date of the test.

Requirements for Processor-Based Systems

§ 234.275   Processor-based systems.

(a) Applicable definitions. The definitions in §236.903 of this chapter shall apply to this section, where applicable.

(b) Use of performance standard authorized or required. (1) In lieu of compliance with the requirements of this subpart, a railroad may elect to qualify an existing processor-based product under part 236, subpart H of this chapter.

(2) Highway-rail grade crossing warning systems, subsystems, or components that are processor-based and that are first placed in service after June 6, 2005, which contain new or novel technology, or which provide safety-critical data to a railroad signal or train control system that is governed by part 236, subpart H of this chapter, shall also comply with those requirements. New or novel technology refers to a technology not previously recognized for use as of March 7, 2005.

(3) Products designed in accordance with subparts A through D of this part, which are not in service but are in the developmental stage prior to December 5, 2005 (or for which a request for exclusion was submitted prior to June 6, 2005 pursuant to §236.911 of this chapter), may be excluded from the requirements of part 236, subpart H of this chapter upon notification to FRA by March 6, 2006, if placed in service by December 5, 2008 (or March 7, 2008 for those products for which a request for exclusion was submitted to FRA prior to June 6, 2005). Railroads may continue to implement and use these products and components from these existing products. A railroad may at any time elect to have products that are excluded made subject to 49 CFR part 236, subpart H, by submitting a Product Safety Plan as prescribed in §236.913 of this chapter and otherwise complying with part 236, subpart H of this chapter.

(c) Product safety plan justifications. The Product Safety Plan (see §236.903 of this chapter) must explain how the performance objective sought to be addressed by each of the particular requirements of this subpart is met by the product, why the objective is not relevant to the product's design, or how safety requirements are satisfied using alternative means. Deviation from those particular requirements is authorized if an adequate explanation is provided, making reference to relevant elements of the Product Safety Plan, and if the product satisfies the performance standard set forth in §236.909 of this chapter. (See §236.907(a)(14) of this chapter.)

(d) Specific requirements. The following exclusions from the latitude provided by this section apply:

(1) Nothing in this section authorizes deviation from applicable design requirements for automated warning devices at highway-rail grade crossings in the Manual on Uniform Traffic Control Devices (MUTCD), 2000 Millennium Edition, Federal Highway Administration (FHWA), dated December 18, 2000, including Errata #1 to MUTCD 2000 Millennium Edition dated June 14, 2001 ( http://mutcd.fhwa.dot.gov/ ).

(2) Nothing in this section authorizes deviation from the following requirements of this subpart:

(i) §234.207(b) (Adjustment, repair, or replacement of a component);

(ii) §234.209(b) (Interference with normal functioning of system);

(iii) §234.211 (Security of warning system apparatus);

(iv) §234.217 (Flashing light units);

(v) §234.219 (Gate arm lights and light cable);

(vi) §234.221 (Lamp voltage);

(vii) §234.223 (Gate arm);

(viii) §234.225 (Activation of warning system);

(ix) §234.227 (Train detection apparatus)—if a train detection circuit is employed to determine the train's presence;

(x) §234.229 (Shunting sensitivity)—if a conventional track circuit is employed;

(xi) §234.231 (Fouling wires)—if a conventional train detection circuit is employed;

(xii) §234.233 (Rail joints)—if a track circuit is employed;

(xiii) §234.235 (Insulated rail joints)—if a track circuit is employed;

(xiv) §234.237 (Reverse switch cut-out circuit); or

(xv) §234.245 (Signs).

(e) Separate justification for other than fail-safe design. Deviation from the requirement of §234.203 (Control circuits) that circuits be designed on a fail-safe principle must be separately justified at the component, subsystem, and system level using the criteria of §236.909 of this chapter.

(f) Software management control for certain systems not subject to a performance standard. Any processor-based system, subsystem, or component subject to this part, which is not subject to the requirements of part 236, subpart H of this chapter but which provides safety-critical data to a signal or train control system shall be included in the software management control plan requirements as specified in §236.18 of this chapter.

[70 FR 72384, Dec. 5, 2005]

Appendix A to Part 234—Schedule of Civil Penalties1
SectionViolationWillful
violation
Subpart B—Reports
234.7  Accidents involving grade crossing signal failure$5,000$7,500
234.9  Grade crossing signal system failure reports2,5005,000
Subpart C—Response to Reports of Warning System Malfunction
Sec.
234.101  Employee notification rules2,5005,000
234.103  Timely response to report of malfunction2,5005,000
234.105  Activation failure
(a) Failure to notify—train crews5,0007,500
Other railroads5,0007,500
(b) Failure to notify law enforcement agency2,5005,000
(c) Failure to comply with—flagging requirements5,0005,000
Speed restrictions5,0007,500
(d) Failure to activate horn or whistle5,0007,500
234.106  Partial activation
(a) Failure to notify—train crews5,0007,500
Other railroads5,0007,500
(b) Failure to notify law enforcement agency2,5005,000
(c) Failure to comply with—flagging requirements speed restrictions5,0007,500
(d) Failure to activate horn or whistle5,0007,500
234.107  False activation
(a) Failure to notify—train crews5,0007,500
Other railroads5,0007,500
(b) Failure to notify law enforcement agency2,5005,000
(c) Failure to comply with—flagging requirements5,0007,500
Speed restrictions5,0007,500
(d) Failure to activate horn or whistle5,0007,500
234.109  Recordkeeping1,0002,000
Subpart D—Maintenance, Inspection, and Testing
Maintenance Standards:
234.201  Location of plans1,0002,000
234.203  Control circuits1,0002,000
234.205  Operating characteristics of warning system apparatus2,5005,000
234.207  Adjustment, repair, or replacement of component2,5005,000
234.209  Interference with normal functioning of system5,0007,500
234.211  Locking of warning system apparatus1,0002,000
234.213  Grounds1,0002,000
234.215  Standby power system5,0007,500
234.217  Flashing light units1,0002,000
234.219  Gate arm lights and light cable1,0002,000
234.221  Lamp voltage1,0002,000
234.223  Gate arm1,0002,000
234.225  Activation of warning system5,0007,500
234.227  Train detection apparatus2,5005,000
234.229  Shunting sensitivity2,5005,000
234.231  Fouling wires1,0002,000
234.233  Rail joints1,0002,000
234.235  Insulated rail joints1,0002,000
234.237  Switch equipped with circuit controller1,0002,000
234.239  Tagging of wires and interference of wires or tags with signal apparatus1,0002,000
234.241  Protection of insulated wire; splice in underground wire1,0002,000
234.243  Wire on pole line and aerial cable1,0002,000
234.245  Signs1,0002,000
Inspections and Tests:
234.247  Purpose of inspections and tests; removal from service of relay or device failing to meet test requirements2,5005,000
234.249  Ground tests2,5005,000
234.251  Standby power5,0007,500
234.253  Flashing light units and lamp voltage1,0002,000
234.255  Gate arm and gate mechanism1,0002,000
234.257  Warning system operation2,5005,000
234.259  Warning time1,0002,000
234.261  Highway traffic signal pre-emption1,0002,000
234.263  Relays1,0002,000
234.265  Timing relays and timing devices1,0002,000
234.267  Insulation resistance tests, wires in trunking and cables2,5005,000
234.269  Cut-out circuits1,0002,000
234.271  Insulated rail joints, bond wires, and track connections2,5005,000
234.273  Results of tests1,0002,000
234.275  Processor-Based Systems$5,000$7,500

1A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.

[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]

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 for each direction of trafficPolice officer presentFlagger present, but not one for each direction of trafficNo flagger/no police
False ActivationNormal SpeedNormal SpeedProceed with caution—maximum speed of 15 mphProceed with caution—maximum speed of 15 mph.
Partial Activation*Normal SpeedNormal SpeedProceed with caution—maximum speed of 15 mphProceed with caution—maximum speed of 15 mph.
Activation Failure**Normal SpeedNormal SpeedProceed with caution—maximum speed of 15 mphStop: Crewmember flag traffic and 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.

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