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213.233 Track inspections.

A) All track shall be inspected in accordance with the schedule prescribed in paragraph (C) of this section by a person designated under 213.7.

B) Each inspection shall be made on foot or by riding over the track in a vehicle at a speed that allows the person making the inspection to visually inspect the track structure for compliance with this part. However, mechanical, electrical, and other track inspection devices may be used to supplement visual inspection. If a vehicle is used for visual inspection, the speed of the vehicle may not be more than 5 miles per hour when passing over track crossings and turnouts, otherwise, the inspection vehicle speed shall be at the sole discretion of the inspector, based on track conditions and inspection requirements. When riding over the track in a vehicle, the inspection will be subject to the following conditions —

    1) One inspector in a vehicle may inspect up to two tracks at one time provided that the inspector’s visibility remains unobstructed by any cause and that the second track is not centered more than 30 feet from the track upon which the inspector is riding;

    2) Two inspectors in one vehicle may inspect up to four tracks at a time provided that the inspectors’ visibility remains unobstructed by any cause and that each track being inspected is centered within 39 feet from the track upon which the inspectors are riding;

    3) Each main track is actually traversed by the vehicle or inspected on foot at least once every two weeks, and each siding is actually traversed by the vehicle or inspected on foot at least once every month. On high density commuter railroad lines where track time does not permit an on track vehicle inspection, and where track centers are 15 foot or less, the requirements of this paragraph (B)(3) will not apply; and

    4) Track inspection records shall indicate which track(s) are traversed by the vehicle or inspected on foot as outlined in paragraph (B)(3) of this section.

C) Each track inspection shall be made in accordance with the following schedule—

D) If the person making the inspections finds a deviation from the requirements of this part, the inspector shall immediately initiate remedial actions.

(note to 213.233: Except as provided in paragraph (B) of this section, no part of this section will in any way be construed to limit the inspector’s discretion as it involves inspection speed and sight distance

213.235 Inspection of switches, track crossings, and lift rail assemblies or other transition devices on moveable bridges.

A) Except as provided in paragraph (C) of this section, each switch, turnout, track crossing, and moveable bridge lift rail assembly or other transition device shall be inspected on foot at least monthly.

B) Each switch in Classes 3 through 5 track that is held in position only by the operating mechanism and one connecting rod shall be operated to all of its positions during one inspection in every 3 month period.

C) In the case of track that is used less than once a month, each switch, turnout, track crossing, and moveable bridge lift rail assembly or other transition device shall be inspected on foot before it is used.

213.237 Inspection of rail

A) In addition to the track inspections required by 213.233, a continuous search for internal defects shall be made of all rail in Classes 4 through 5 track, and Class 3 track over which passenger trains operate, at least once every 40 million gross tons (mgt.) or once a year, whichever interval is shorter. On Class 3 track over which passenger trains do not operate such a search shall be made at least once every 30 mgt or once a year, whichever interval is longer. (This paragraph (A) is applicable January 1, 1999.)

B) Inspection equipment shall be capable of detecting defects between joint bars, in the area enclosed by joint bars.

C) Each defective rail shall be marked with a highly visible marking on both sides of the web and base.

D) If the person assigned to operate the rail defect detection equipment being used determines that, due to rail surface conditions, a valid search for internal defects could not be made over a particular length of track, the test on that particular length of track cannot be considered as a search for internal defects under paragraph (A) of this section. (This paragraph (D) is not retroactive to tests performed prior to September 21, 1998.)

E) If a valid search for internal defects cannot be conducted for reasons described in paragraph (D) of this section, the track owner shall, before the expiration of time or tonnage limits—

    1) Conduct a valid search for internal defects;

    2) Reduce operating speed to a maximum of 25 miles per hour until such time as a valid search for internal defects can be made; or

    3) Remove the rail from service.

213.239 Special inspections.

In the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection shall be made of the track involved as soon as possible after the occurrence and, if possible, before the operation of any train over that track.

213.241 Inspection records.

A) Each owner of track to which this part applies shall keep a record of each inspection required to be performed on that track under this subpart.

B) Each record of an inspection under  213.4, 213.119, 213.233, and 213.235 shall be prepared on the day the inspection is made and signed by the person making the inspection. Records shall specify the track inspected, date of inspection, location and nature of any deviation from the requirements of this part, and the remedial action taken by the person making the inspection. The owner shall designate the location(s) where each original record shall be maintained for at least one year after the inspection covered by the record. The owner shall also designate one location, within 100 miles of each state in which they conduct operations, where copies of records which apply to those operations are either maintained or can be viewed following 10 days notice by the Federal Railroad Administration.

C) Rail inspection records shall specify the date of inspection, the location and nature of any internal defects found, the remedial action taken and the date thereof, and the location of any intervals of track not tested per 213.237(D). The owner shall retain a rail inspection record for at least two years after the inspection and for one year after remedial action is taken.

D) Each owner required to keep inspection records under this section shall make those records available for inspection and copying by the Federal Railroad Administration.

E) For purposes of compliance with the requirements of this section, an owner of track may maintain and transfer records through electronic transmission, storage, and retrieval provided that-

    1) The electronic system be designed so that the integrity of each record is maintained through appropriate levels of security such as recognition of an electronic signature, or other means, which uniquely identify the initiating person as the author of that record. No two persons shall have the same electronic identity;

    2) The electronic storage of each record shall be initiated by the person making the inspection within 24 hours following the completion of that inspection;

    3) The electronic system shall ensure that each record cannot be modified in any way, or replaced, once the record is transmitted and stored;

    4) Any amendment to a record shall be electronically stored apart from the record which it amends. Each amendment to a record shall be uniquely identified as to the person making the amendment;

    5) The electronic system shall provide for the maintenance of inspection records as originally submitted without corruption or loss of data;

     6) Paper copies of electronic records and amendments to those records, that may be necessary to document compliance with this part shall be made available for inspection and copying by the Federal Railroad Administration at the locations specified in paragraph (B) of this section; and

    7) Track inspection records shall be kept available to persons who performed the inspections and to persons performing subsequent inspections.