# 49 CFR § 240.5: Effect and construction

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-49-240.5

## Section

- **Citation:** 49 CFR § 240.5
- **Heading:** Effect and construction
- **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 A—General

## Text

(a) FRA does not intend, by use of the term locomotive engineer in this part, to alter the terms, conditions, or interpretation of existing collective bargaining agreements that employ other job classification titles when identifying a person authorized by a railroad to operate a locomotive.
(b) FRA does not intend by issuance of these regulations to alter the authority of a railroad to initiate disciplinary sanctions against its employees, including managers and supervisors, in the normal and customary manner, including those contained in its collective bargaining agreements.
(c) Except as provided in § 240.308, nothing in this part shall be construed to create or prohibit an eligibility or entitlement to employment in other service for the railroad as a result of denial, suspension, or revocation of certification under this part.
(d) Nothing in this part shall be deemed to abridge any additional procedural rights or remedies not inconsistent with this part that are available to the employee under a collective bargaining agreement, the Railway Labor Act, or (with respect to employment at will) at common law with respect to removal from service or other adverse action taken as a consequence of this part.
[85 FR 81307, Dec. 15, 2020]

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-49-240.5. Check the current official text before relying on it. Not legal advice.