Engineer Certification

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Engineer Certification

• John Conklin Program Manager, Locomotive
  Engineer Certification

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DMV NDR Checks

• License suspension for DA use or refusal to test
  (past 36 months)
• Upon conviction, incident must be reported to RR
  within 48 hours
• Referral to EAP for evaluation
• Must complete any prescribed treatment program

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Decertification Offenses

• Stop signals
• Wayside signals
• Red flags/lights
• Banners (if designated as stop signals)
• Issues
• Not illuminated at night

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Decertification Offenses (cont)

• Speeding
• 10 mph or more over max auth spd
• Restricted speed
• FRA reportable accident/incident
• Damages gt 8500
• EOT failures/ditch lights

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Decertification Offenses (cont)

• Train air brake tests (frt)
• Class 1 (initial terminal)
• Class 1A (intermediate)
• Class 2 (intermediate)
• Class 3 (intermediate)
• Changing locomotive consist
• Changing ends
• Adding cars/removing cars

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Decertification Offenses (cont)

• Main track authorities
• All designated main tracks/controlled sidings
• Form Bs (track work limits)
• Stop Protect at crossing orders
• Beware of hand signals from unauthorized flaggers

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Decertification Offenses (cont)

• Tampering
• If a safety device is cut out, report it
• Do not modify anything!
• If a safety device must be cut out, obtain
  permission from the dispatcher

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Decertification Offenses (cont)

• Drugs/Alcohol
• 219.101 violation - on duty use/possession
  (no alcohol after call or within 4 hrs of duty)
• Mandatory 9 months suspension
• 219.102 violation control substance use
• EAP evaluation and back to work following any
  treatment program
• Refusal to test automatic 9 month suspension

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Revocation Periods

• First offense 1 month
• Second offense (within 24 months) 6 months
• Second offense (outside 24 months) 1 month
• Third offense (within 36 months) 1 yr
• Fourth offense (within 36 months) 3 yrs

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Revocation Periods (cont)

• Revocation periods of 1 yr or less may be cut in
  half at RRs discretion

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Denial of Certification

• RR must notify candidate of basis for denying
  certification
• Afford candidate opportunity to rebut in writing
• If RR denies certification, must notify candidate
  in writing of reasons
• No hearing required
• Federal courts agreed
• Appeal pending

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Denial of Certification (cont)

• Denial can be based solely on 240.115, 240.117,
  240.119 with no opportunity to comment

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Territory Qualification

• Must be determined by DSLE qualified on the
  territory (check ride may or may not be
  necessary)
• No assumptions based on of trips

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Pilots

• Joint operations must be qualified engr
• Home road must be engr if you never operated
  over territory

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Revocation process

• Notification of suspension and reason
• Opportunity for a hearing unless waived
• Revocation notice

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Appeal Process

• LERB appeal
• 120 days to file FRA appeal for revocation
• 180 days to file FRA appeal for denial
• Hearing
• Request within 20 days of LERB decision
• Appeal to FRA Administrator
• Request within 35 days of hearing decision
• Federal court system

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Trends Over Past Ten Years

• Increased train-miles
• Increased decertifications
• Increased decertification rates
• Increased violations in stops signals, speed, and
  track authorities

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Words to Remember

• TRUST NO ONE!

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Questions

• ???