Applicable FRA Rules
Author: J
Date: 10-04-2012 - 08:46
The long and short of it is that when such vehicles are used in MW service a rules-qualified MW employee can be the operator. If a US railroad were to use the vehicle in "revenue service" they would be in violation becasue the vehicle does not meet the requirements of a locomotive. The term "dual purpose vehicle" was coined to cover the Brandt vehicles in MW service:
§ 240.104 Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer.
(a) A railroad is not required to use a certified locomotive engineer to perform the following functions:
(1) Operate specialized roadway maintenance equipment; or
(2) Operate a dual purpose vehicle that is:
(i) Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site;
(ii) Moving under authority of railroad operating rules designated for the movement of roadway maintenance equipment that ensure the protection of such equipment from train movements; and
(iii) Being operated by an individual trained and qualified in accordance with §§214.341, 214.343, and 214.355 of this chapter.
(b) A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with paragraph (a)(2) of this section.