Section 234.3 - Application and responsibility for compliance(a) With the exception of §234.11, this part applies to all railroads except the following:(1) Operations of a plant railroad as defined in §234.5;(2) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation; or(3) Tourist, scenic, historic, or excursion operations conducted only on track used exclusively for that purpose ( i.e., there is no freight, intercity passenger, or commuter passenger railroad operation on the track) and only on track inside an installation that is insular; i.e., the operations are limited to a separate enclave in such a way that there is no reasonable expectation that the safety of the public-except a business guest, a licensee of the railroad or an affiliated entity, or a trespasser-would be affected by the operation. An operation will not be considered insular if one or more of the following exists on its line:(i) A public highway-rail crossing that is in use;(ii) An at-grade rail crossing that is in use;(iii) A bridge over a public road or waters used for commercial navigation; or(iv) A common corridor with a railroad, i.e., its operations are within 30 feet of those of any railroad.(b) Although the duties imposed by this part are generally stated in terms of the duty of a railroad, each person, including a contractor or subcontractor for a railroad, who performs any task covered by this part, shall perform that task in accordance with this part.