{"data":{"id":"us/49-cfr-245.305","jurisdiction":"us","citation":"49 CFR 245.305","heading":"Periods of ineligibility.","body":"(a) The starting date for a period of ineligibility described in this section shall be:\n(1) For a person not currently certified, the date of the railroad's written determination that the most recent incident has occurred; or\n(2) For a person currently certified, the date of the railroad's notification to the person that recertification has been denied or certification has been suspended.\n(b) A period of ineligibility shall be determined according to the following standards:\n(1) In the case of a single incident involving a violation of one or more of the operating rules or practices described in § 245.303(e)(1) through (6), the person shall have their certificate revoked for a period of 30 calendar days.\n(2) In the case of two separate incidents involving a violation of one or more of the operating rules or practices described in § 245.303(e)(1) through (6), that occurred within 24 months of each other, the person shall have their certificate revoked for a period of six months.\n(3) In the case of three separate incidents involving violations of one or more of the operating rules or practices, described in § 245.303(e)(1) through (7), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of one year.\n(4) In the case of four separate incidents involving violations of one or more of the operating rules or practices, described in § 245.303(e)(1) through (7), that occurred within 36 months of each other, the person shall have their certificate revoked for a period of three years.\n(5) Where, based on the occurrence of violations described in § 245.303(e)(7), different periods of ineligibility may result under the provisions of this section and § 245.115, the longest period of revocation shall control.\n(c) Any or all periods of revocation provided in paragraph (b) of this section may consist of training.\n(d) 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 (b) 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 of the pertinent period of ineligibility specified in paragraph (b) 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 245—QUALIFICATION AND CERTIFICATION OF DISPATCHERS","Subpart D—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":"6536f431f188089d188d748ed96fab387cee643243eaaab01a635b169a784e5d","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-245.303","next":"us/49-cfr-245.307"},"notice":"GroundRules: Original legal text. Not legal advice."}