Section 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.64 FR 60990, Nov. 8, 1999