FRA ALERT

 Brothers, 

In a Memorandum from Edward R. English Director, Office of Safety Assurance and Compliance he advised that some Freight Car Pre-Departure Inspections are not being done correctly as required by 49 CFR 215.13.

 The Railroad Freight Car Standards provide, at 215.13(a):

             At each location where a freight car is placed in a train, the freight car shall be inspected before the train departs.  This inspection may be made before or after the car is placed in the train. (Emphasis added.)

 The language sited is the above-cited section is very explicit.  FRA has consistently interpreted this language to require inspection each time a car is placed in a train.  Moreover, although the regulations do not specify the physical actions necessary to conduct a proper inspection, a railroad may fulfill the inspection requirements only when its inspectors position themselves in a way that permits the required observations to be made. In order to conduct a proper Freight Car Safety Standards inspection, both sides of a car must be inspected. 

 Of current concern is an interpretation of “placed in a train” being used at some locations in the industry to allow new outgoing trains to be built from large blocks of cars from two or more incoming trains without performing a pre-departure inspection.  Within the industry, this practice is called “block swapping.”  This reading of the rule apparently assumes that a car that remains in a block of cars when removed from one train is not “placed in a train” when the block is added to a new train.  That assumption is Incorrect.  Whether singly or in groups, cars that are taken from one train and placed in another are “placed in a train” and must be inspected at the location from which the new train departs.  Of course, an inspection pursuant to 215.13 is not required when intact trains move from railroad to railroad.

 FRA inspectors have noted instances of pre-departure mechanical inspections being conducted in an improper manner. FRA is particularly concerned about the practice of conducting pre-departure inspections pursuant to Appendix D of Part 215, while the equipment is moving (i.e., a “roll by” inspection) or by conducting such inspections from locomotives on an adjacent track.  While regulations do not specify the physical actions necessary to conduct a proper inspection, FRA believes such inspections require the inspectors position themselves in such a manner that all of the required observations can be safely made.

             Appendix D of Part 215 requires that an inspector be able to observe the following conditions:

 1.                  Car Body:

(a)               Leaning or listing to side.

(b)               Sagging downward.

(c)               Positioned improperly on truck.

(d)               Object dragging below.

(e)               Object extending from side.

(f)                 Door insecurely attached.

(g)               Broken or missing safety appliance.

(h)               Lading leaking from a placarded hazardous material car. 

2.                  Insecure coupling.

3.                  Overheated wheel or journal.

4.                  Broken or extensively cracked wheel.

5.                  Brake that fails to release.

6.                  Any other apparent safety hazard likely to cause an accident or casualty before the train arrives at its destination.

 Such observations can not be made while equipment is moving or when the inspector is positioned on a locomotive on an adjacent track.  While some of the individual conditions may be observable while a train is moving, others are not and a person cannot be expected to see all of the as a train is rolling by.

 FRA inspectors were strongly urged to consider issuing violations whenever they observe the above inspection practices being performed instead of a proper Appendix D inspection.