§20135 Licensing or Certification of Locomotive Operators

Summary

The Secretary of Transportation must create rules that require every person who operates a locomotive to be licensed or certified. The rules must take effect no later than one year after the program starts. The program will review and approve each railroad’s operator qualification standards, set minimum training, and require thorough knowledge of operating practices and rules. When available, the program must consider an applicant’s motor vehicle driving record from the past 5 years, including any denial, cancellation, revocation, or suspension of a driver’s license and any convictions listed in section 30304(a)(3)(A) or (B). The program can disqualify someone or issue a license with conditions based on that record. Applicants must ask the chief driver licensing official in every State where they had a license in the past 5 years to send their driving record to their employer, a prospective employer, or the Secretary, and must make the request described in section 30305(b)(4). The Secretary may waive the driving-record check for individuals or groups judged fit to operate, but anyone with a DUI-related conviction or license action must complete a railroad or Secretary-approved rehabilitation program before getting a waiver. A person denied a license or given conditions based on driving records has a right to a hearing under section 20103(e). Anyone shown driving-record information must be allowed to see it, submit written comments, and have those comments added to the record.