# 49 CFR § 240.104: Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-49-240.104

## Section

- **Citation:** 49 CFR § 240.104
- **Heading:** Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 49—Transportation > Subtitle B—Other Regulations Relating to Transportation > CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS > Subpart B—Component Elements of the Certification Process

## Text

(a) A railroad is not required to use a certified locomotive engineer to perform the following functions:
(1) Operate specialized roadway maintenance equipment; or
(2) Operate a dual purpose vehicle that is:
(i) Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site;
(ii) Moving under authority of railroad operating rules designated for the movement of roadway maintenance equipment that ensure the protection of such equipment from train movements; and
(iii) Being operated by an individual trained and qualified in accordance with §§ 214.341, 214.343, and 214.355 of this chapter.
(b) A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with paragraph (a)(2) of this section.
[64 FR 60990, Nov. 8, 1999]

## Nearby sections

- [49 CFR § 240.1 § 240.1 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.1.md)
- [49 CFR § 240.3 § 240.3 Application and responsibility for compliance.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.3.md)
- [49 CFR § 240.5 § 240.5 Effect and construction.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.5.md)
- [49 CFR § 240.7 § 240.7 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.7.md)
- [49 CFR § 240.9 § 240.9 Waivers.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.9.md)
- [49 CFR § 240.11 § 240.11 Penalties and consequences for noncompliance.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.11.md)
- [49 CFR § 240.101 § 240.101 Certification program required.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.101.md)
- [49 CFR § 240.103 § 240.103 Approval of design of individual railroad programs by FRA.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.103.md)
- [49 CFR § 240.104 § 240.104 Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.104.md)
- [49 CFR § 240.105 § 240.105 Criteria for selection of designated supervisors of locomotive engineers.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.105.md)
- [49 CFR § 240.107 § 240.107 Types of service.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.107.md)
- [49 CFR § 240.109 § 240.109 General criteria for eligibility based on prior safety conduct.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.109.md)
- [49 CFR § 240.111 § 240.111 Individual's duty to furnish data on prior safety conduct as motor vehicle operator.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.111.md)
- [49 CFR § 240.113 § 240.113 Individual's duty to furnish data on prior safety conduct as an employee of a different railroad.](https://www.frixlaw.com/law-library/statutes/ecfr-49-240.113.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-49-240.104. Check the current official text before relying on it. Not legal advice.