{"data":{"id":"us/49-cfr-242.405","jurisdiction":"us","citation":"49 CFR 242.405","heading":"Periods of ineligibility.","body":"(a) A period of ineligibility described in this paragraph shall:\n(1) Begin, for a person not currently certified, on the date of the railroad's written determination that the most recent incident has occurred; or\n(2) Begin, for a person currently certified, on the date of the railroad's notification to the person that recertification has been denied or certification has been revoked; and\n(3) Be determined according to the following standards:\n(i) On other than main track where restricted speed or the operational equivalent thereof is in effect, the period of revocation for a violation of § 242.403(e)(6) through (8), (10), or (11) shall be reduced by one half provided that another revocable event has not occurred within the previous 12 months.\n(ii) In the case of a single incident involving violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11), the person shall have his or her certificate revoked for a period of 30 calendar days.\n(iii) In the case of two separate incidents involving a violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11), that occurred within 24 months of each other, the person shall have his or her certificate revoked for a period of six months.\n(iv) In the case of three separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of one year.\n(v) In the case of four separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of three years.\n(vi) Where, based on the occurrence of violations described in § 242.403(e)(12), different periods of ineligibility may result under the provisions of this section and § 242.115, the longest period of revocation shall control.\n(b) Any or all periods of revocation provided in paragraph (a) of this section may consist of training.\n(c) Reduction in period of ineligibility: A person whose certification is denied or revoked shall be eligible for grant or reinstatement of the certificate prior to the expiration of the initial period of ineligibility only if:\n(1) The denial or revocation of certification in accordance with the provisions of paragraph (a)(3) of this section is for a period of one year or less;\n(2) Certification is denied or revoked for reasons other than noncompliance with § 219.101 of this chapter;\n(3) The person is evaluated by a railroad officer and determined to have received adequate remedial training;\n(4) The person successfully completes any mandatory program of training or retraining, if that is determined to be necessary by the railroad prior to return to service; and\n(5) At least one half the pertinent period of ineligibility specified in paragraph (a)(3) of this section has elapsed.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS","Subpart E—Denial and Revocation of Certification"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"ca588c2ac00abcaa84973ac5db03dde7a7295b1ebe287ab636f24cc61a825c23","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-242.403","next":"us/49-cfr-242.407"},"notice":"GroundRules: Original legal text. Not legal advice."}
