Current through August 31, 2024
Section 228.9 - Manual, electronic, and automated records; general(a)Manual records. Each manual record maintained under this part shall be-(1) Signed by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, signed by the ranking crewmember;(2) Retained for two years at locations identified by the carrier; and(3) Available upon request at the identified location for inspection and copying by the Administrator during regular business hours.(b)Electronic records. Each electronic record maintained under this part shall be- (1) Certified by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, certified by the reporting employee who is a member of the train crew or signal gang whose time is being recorded;(2) Electronically stamped with the certifying employee's name and the date and time of certification;(3) Retained for 2 years in a secured file that prevents alteration after certification;(4) Accessible by the Administrator through a computer terminal of the railroad, using a railroad-provided identification code and a unique password.(5) Reproducible using the printing capability at the location where records are accessed.(c)Automated records. Each automated record maintained under this part shall be-(1) Signed electronically by the employee whose time on duty is being recorded or, in the case of a member of a train crew or a signal employee gang, digitally signed by the reporting employee who is a member of the train crew or signal gang whose time is being recorded as provided by § 228.206(a) ;(2) Stamped electronically with the certifying employee's electronic signature and the date and time the employee electronically signed the record;(3) Retained for 2 years in a secured file that prevents alteration after electronic signature;(4) Accessible by the Administrator through a computer terminal of the railroad; and(5) Reproducible using printers at the location where records are accessed.74 FR 25348, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018 As amended at 83 FR 43998, 8/29/2018