FRA Regulations for Track Owners and Contractors: A Map of 49 CFR Chapter II

FRA regulations are the federal railroad safety rules in 49 CFR Chapter II, Parts 200 to 299. For a track owner, the core is Part 213 (track safety), Part 214 (roadway worker protection) and Part 237 (bridges). A contractor that inspects track is also bound directly by Part 243 (training), Part 219 (drug and alcohol testing) and Part 214.

The original version of this page described operating rules and safety appliances in general terms. This version is a working map. It names each part that matters to a track owner or a track contractor, says who it binds and what it requires, and shows which parts apply to one real type of job: rail flaw testing on a Class 4 freight line.

Contents: Which FRA regulations apply? · Part 213 · Part 214 · Part 243 · Part 219 · Part 225 · Operations parts · Signals and crossings · Part 237 · Part 270 · Parts 209 and 211 · Worked example · Limits · FAQ

Which FRA regulations apply to track owners and contractors?

Most FRA regulations bind "railroads", but several also bind any person, contractors included, who performs a duty the part covers. The table below lists the parts a track owner or track contractor is most likely to meet. Each part is summarized in its own section further down.

Almost every part excludes plant railroads and urban rapid transit that is not connected to the general railroad system. A light rail or subway line that stands alone falls under FTA and state safety oversight instead, not these parts.

What does Part 213 require of a track owner?

Part 213 sets the minimum safety requirements for track in the general railroad system, and it is the part that matters most to an NDT buyer. Subparts A to F cover Classes 1 to 5, and Subpart G covers Class 6 and higher. The owner can adopt stricter rules than Part 213, but not looser ones (213.1).

This page doesn't repeat the detail, which is on our FRA track safety standards hub. The sections a testing buyer meets most often are:

• 213.7: the owner designates qualified persons to inspect track.
• 213.113: what must be done about a defective rail once it is found.
• 213.233: visual track inspection frequency.
• 213.237: internal rail inspection. Class 4 and 5 track must be tested at least every 370 days or 30 million gross tons (MGT), whichever comes first. The full rule is explained in our guide to 49 CFR 213.237.
• 213.238: qualified operators of rail flaw detection equipment.
• 213.241: inspection records.

Part 213 reaches contractors in one sentence. Under 213.5(f), when any person, "including a contractor for a railroad or track owner", performs a function the part requires, that person must perform it in accordance with the part. A testing contractor that runs a search badly has not merely disappointed a client; it has failed to perform a Part 213 function as the rule requires.

Key takeaway: Part 213 binds the owner, and through 213.5(f) it binds the contractor for the work the contractor does.

What does Part 214 roadway worker protection require?

Part 214 protects railroad and contractor employees who work on or near track, and it applies to every railroad that operates rolling equipment on the general system (214.3). Its purpose, in 214.1, is "to prevent accidents and casualties to employees involved in certain railroad inspection, maintenance and construction activities."

A roadway worker under 214.7 includes railroad or contractor employees who inspect track on or near it. Fouling a track means being where a worker could be struck by a train, "or in any case is within four feet of the field side of the near running rail." Anyone testing rail is fouling the track for the whole job.

The Part 214 requirements a track contractor deals with daily are:

• Job briefing (214.315): before fouling a track, covering the means of protection on each track, adjacent tracks and the work. The briefing is complete only when each worker has acknowledged it.
• Roadway worker in charge (RWIC): one qualified person controls the working limits on a segment (214.319).
• Working limits: exclusive track occupancy (214.321), foul time (214.323) or other forms. Foul time can't protect moving on-track equipment, so a moving test usually needs exclusive track occupancy.
• Hi-rail vehicles (214.523): hi-rail gear inspected at least once a year, with no more than 14 months between inspections.
• Training (214.343): on-track safety training at least once every calendar year, with records the employer keeps.

Part 214 sets minimums. Under 214.1(b), a railroad or railroad contractor may adopt stricter rules, and most host railroads do.

Does Part 243 apply to railroad contractors?

Yes. Part 243 applies to "all railroads, contractors of railroads, and training organizations" that train safety-related railroad employees (243.3(a)). It is the part a track contractor most often overlooks, and FRA wrote it to cover contractors on the same footing as railroads.

The scope section says so plainly:

"This part contains the general minimum training and qualification requirements for each category and subcategory of safety-related railroad employee, regardless of whether the employee is employed by a railroad or a contractor of a railroad. Contractors shall coordinate with railroads and comply with the contents of this part, including those aspects of training that are specific to the contracting railroad's rules and procedures." — 49 CFR 243.1(b)

Who counts as a safety-related railroad employee?

Under 243.5, the definition includes anyone engaged or compensated by an employer to, "in the application of parts 213 and 214", inspect, install, repair or maintain track, roadbed, or signal and communication systems. Roadway workers and bridge workers are included. A rail flaw test operator inspects track under Part 213 and fouls it under Part 214, so the operator is a safety-related railroad employee. "Contractor" includes prime contractors and subcontractors.

What does a contractor have to do?

The railroad has a matching duty. Under 243.101(f), a railroad that relies on contractor-provided training keeps the contractor's document on file. In practice, a short line or transit agency hiring a testing contractor should ask for that document with the bid.

Part 243 doesn't replace 213.238. The 213.238 operator qualification (documented training, 160 supervised hours, written authorization per equipment type) is a separate, more specific rule, and 243.1(d) says Part 243 augments other training rules rather than displacing them. A contractor needs both.

Key takeaway: a rail testing contractor needs an FRA-approved Part 243 program and 213.238 qualified operators, and should hand the railroad written proof of the first.

How does Part 219 drug and alcohol testing reach contractors?

Part 219 applies to "all railroads and contractors" (219.3(a)), and maintenance-of-way (MOW) employees are covered. Under 219.5, a MOW employee is a roadway worker as defined in 214.7. A contractor's rail testing crew therefore performs regulated service.

The parts that matter to a contractor:

• Pre-employment testing (219.501(b)): each railroad must make sure that each contractor employee who performs regulated service on its behalf has a negative DOT pre-employment drug test on file with the employer, and must keep documentation that it verified this.
• Post-accident testing (219.201): triggered by qualifying accidents, such as a major train accident or an impact accident with a reportable injury.
• Small railroad exception (219.3(c)): some subparts, including random testing, don't apply to small railroads. A contractor that works for at least one railroad that must fully comply loses the exception for all its MOW work.

Who reports accidents under Part 225?

Part 225 binds railroads, not contractors: the railroad files the reports, and the contractor supplies the facts. Its purpose (225.1) is to give FRA accurate information on hazards and risks.

Two points matter to a contractor:

• Immediate telephone reports (225.9) include the death of a contractor employee on railroad property.
• Derailments count regardless of damage. An "accountable rail equipment accident/incident" in 225.5 includes any derailment, whatever the damage. Monthly reports go in within 30 days after the end of the month (225.11).

After a derailment, the owner also has Part 213 duties for the rail itself. Our guide to rail inspection after a derailment covers that sequence.

Which operating and equipment rules matter to track work?

Parts 217, 232, 240 and 242 mainly bind railroads and train crews, but they shape how a contractor gets on and off the track.

Part 217: operating rules

Part 217 requires each railroad to instruct its employees in its operating rules under a written program (217.11) and to run a program of operational tests and inspections (217.9). It applies to railroads, not contractors. In practice, the host railroad's operating rules decide how track authority is issued, how speed restrictions are bulletined and how a contractor's work limits are protected. A contractor works under that rulebook, so its RWIC must be qualified on the host railroad's rules (214.315(c)).

Part 232: brakes

Part 232 sets brake standards for freight and other non-passenger trains. It rarely touches a track contractor. It matters only if contractor equipment moves as part of a train. Part 243 recognizes this case: its safety-related employee definition includes people who maintain on-track equipment "in a service that constitutes a train movement under part 232."

Parts 240 and 242: engineers and conductors

Part 240 certifies locomotive engineers and Part 242 certifies conductors. Both apply to contractors performing those functions (240.3(b), 242.3(b)). Part 240's definition of a locomotive leaves out specialized roadway maintenance equipment and dual-purpose vehicles operated under 240.104(a)(2), so a hi-rail test truck working under Part 214 protection is normally outside it. Check the arrangement with the host railroad before any contractor equipment is moved as a train.

How do Parts 234 and 236 affect track work?

Parts 234 and 236 govern grade crossing warning systems and signal systems, and both reach anyone, contractors included, who performs a covered task. Part 234 says so in 234.3(b). Part 236 applies to "any person", which 236.0(f) defines to include any independent contractor providing goods or services to a railroad.

A rail testing contractor doesn't maintain signals, but it works on track that carries them:

• Insulated joints: 236.59 requires insulated joints to be kept in a condition that prevents enough current to flow between the separated rails to cause a track circuit failure. A broken rail or a bad joint found during testing can be a signal problem as well as a track problem, so report it to both the track and signal departments.
• Track circuits and broken rails: under 236.51, the track relay must be in its most restrictive state when a rail is broken.
• Hi-rail shunting: FRA Safety Advisory 2016-01 warned that roadway maintenance machines "do not always shunt or maintain shunt in track circuits". A hi-rail on the rail can't be relied on to activate crossing warning systems, so moves over crossings follow the railroad's rules.

What does Part 237 require for bridges?

Part 237 makes the owner of track carried by a bridge responsible for a bridge safety management program and for inspecting each bridge at least once each calendar year, with no more than 540 days between inspections (237.101(a)). Inspections are done by the owner's designated bridge inspector, and a qualified bridge engineer (237.51) reviews them.

Part 237 covers the structure. It doesn't cover the rail on the deck or the approaches, which stays under 213.237 and 213.238. A bridge inspection doesn't replace a rail flaw test, and the reverse is also true. The owner may assign bridge responsibility to another party with 30 days' written notice to FRA (237.3(b)).

Does Part 270 system safety apply to freight railroads?

No. Part 270 applies to intercity and commuter passenger railroads on the general system (270.3), not to freight. A system safety program (SSP) plan must identify persons under contract that perform "significant safety-related services" (270.103) and describe how they take part in the program. It must also describe workplace safety for employees and contractors, and how safety is handled in procurement.

Class I freight railroads have a separate requirement, the Risk Reduction Program in Part 271. Under 271.3(c), a contractor performing a significant part of the railroad's operations is treated as a directly affected employee. For a testing contractor working for a commuter railroad, expect the SSP plan to show up in the contract as safety requirements, briefings and reporting duties.

How are FRA regulations enforced and waived?

FRA enforces its regulations through civil penalties under Part 209, and it grants or denies waivers under Part 211. The original version of this page described "recent enforcement actions" without naming one; this section states what the rules actually say.

Part 209: enforcement

FRA's enforcement policy is in Appendix A to Part 209. Key points from the current text:

• Who can be penalized: "person" covers railroads, their managers and employees, track owners, and "any independent contractor providing goods or services to a railroad" and its employees (209.3).
• Individuals: they are liable only for willful violations. FRA defines willful as an intentional, voluntary act done with knowledge of the law or with reckless disregard for it.
• Amounts: penalty schedules are adjusted every year for inflation. As of December 30, 2024, Appendix A states that the schedules show amounts in the $1,114 to $36,439 range, and FRA may assess up to $145,754 per violation where repeated or grossly negligent violations created an imminent hazard or caused death or injury.
• Discretion: inspectors weigh factors such as the person's general level of compliance before recommending a penalty.

Check the current schedule before quoting a figure, because it changes each year. Falsifying a Part 213 record can also bring criminal penalties under 49 U.S.C. 21311 (213.15(b)).

Part 211: waivers

Any person may petition FRA to issue, amend or repeal a rule, or to waive one (211.7(a)). Waiver petitions should be filed at least 3 months before the proposed effective date. The petition must state the relief sought and the locations covered, and include supporting safety data (211.9). The Railroad Safety Board decides it no later than 9 months after receipt (211.41(a)) and may attach conditions. Filing a petition doesn't suspend the duty to comply while FRA considers it.

Do FRA regulations reduce train accidents?

FRA's own data show that derailments go up and down from year to year rather than falling steadily, so a claim of a "steady decline" needs a date range and a source. Derailments not involving highway-rail crossings, from FRA accident data on data.transportation.gov (dataset byy5-w977, pulled October 24, 2026, data through July 31, 2026):

The counts rose from 2021 to 2023 and fell in 2024 and 2025. Raw counts also ignore traffic volume, so compare rates per million train-miles before drawing a trend. The 2025 figure was 976 before late filings came in, which shows how much recent-year counts move. For the track-caused share, and for broken rails in particular, see our page on rail failure statistics.

Worked example: a rail flaw testing contractor on a Class 4 freight line

Which FRA regulations apply depends on the work, the track and the railroad, so take one job and walk through it.

The job. A short-line freight railroad owns 40 miles of Class 4 main track. Freight trains run at up to 60 mph, there are no passenger trains, and the line carries enough hazardous materials to be a hazmat route under 213.237(j). Annual traffic is 24 MGT. The line has signals with track circuits, three grade crossings with active warning devices and one steel bridge. The railroad hires a contractor to ultrasonically test the rail with a hi-rail test vehicle and hand equipment.

Step 1: the test interval (Part 213). The 213.237 limit for Class 4 is 370 days or 30 MGT, whichever comes first. At 24 MGT a year, 30 MGT takes 30 ÷ 24 = 1.25 years, about 456 days. The 370-day limit comes first, so the test is due within 370 days of the last one. Being a hazmat route doesn't change that interval on Class 4 track.

Step 2: the service failure target (Part 213). Because the line is a hazmat route, the 213.237(a) target is 0.09 service failures per mile per year, not 0.10. On 40 miles that allows 0.09 × 40 = 3.6 failures in 12 months. Three failures (0.075) is compliant. Four failures (4 ÷ 40 = 0.10) exceeds the target, and the railroad must notify FRA within 45 days after the 12-month period ends.

Step 3: applying all the parts.

Step 4: what the railroad asks for in the bid. From the table, the bid file should contain the contractor's 213.238 qualification records for the named equipment, its Part 243 program document, its Part 219 compliance statement, its on-track safety rules or acceptance of the railroad's, and a sample report showing the 213.241 fields. Remedial action under 213.113 stays with the owner, so the contract should say who marks defects, who is told and how fast.

What this map does not cover

This page is a map, not legal advice, and it leaves several things out on purpose.

• Hazardous materials rules. FRA also enforces the hazmat regulations in 49 CFR Parts 171 to 180, which are outside Chapter II.
• Rapid transit. Systems not connected to the general railroad system fall under FTA rules (Parts 671, 673 and 674) and state safety oversight, such as the CPUC in California. Part 213 and Part 214 don't apply to them.
• Equipment parts. Passenger equipment (Part 238), locomotives (Part 229), freight cars (Part 215) and safety appliances (Part 231) are left out because they rarely bind a track contractor.
• Hours of service, PTC detail and crew size. These are operating matters for the railroad.
• Recent amendments. Several parts were amended in 2025 and 2026. Cornell's copy of Part 243 cites amendments published May 15, 2026 (91 FR 27861), and Part 209 was revised on April 24, 2026. Check the current eCFR text before relying on any detail here.
• The railroad's own rules. Every part above is a minimum. Host railroad rules, contract terms and AREMA practice add to them. For how FRA rules relate to industry standards, see AREMA vs FRA vs ASTM.

How EMA Industries applies this

EMA Industries performs ultrasonic rail flaw testing for transit agencies, short lines and industrial track owners from Southern California, and mobilizes nationwide. On FRA-regulated track, the compliance file for that work rests on four parts: 213.237 and 213.238 for the test itself, Part 214 for on-track safety, Part 243 for training, and Part 219 for drug and alcohol testing. Whichever contractor you use, ask for those documents before the first test. To scope a testing program, see our ultrasonic rail testing services or contact us.

Related reading: FRA track safety standards (Part 213 hub) · 49 CFR 213.237 rail flaw detection · AREMA vs FRA vs ASTM · Rail inspection after a derailment

Frequently asked questions

What are FRA rules and guidelines?

FRA rules are the binding federal railroad safety regulations in 49 CFR Chapter II (Parts 200 to 299), enforced through civil penalties under Part 209. FRA also issues non-binding guidance, such as safety advisories, compliance manuals and policy statements like Part 237 Appendix A. Only the regulations themselves create legal duties.

Do FRA regulations apply to contractors?

Yes, many of them do. Part 243 and Part 219 name contractors in their applicability sections, Part 214 covers contractor roadway workers, and 213.5(f) requires any contractor performing a Part 213 function to perform it as the part requires. Part 209 defines "person" to include independent contractors and their employees, so civil penalties can reach them too.

Which FRA regulation covers rail flaw testing?

49 CFR 213.237 sets when internal rail inspection is required, 213.238 sets who may operate the equipment, 213.241 sets the records, and 213.113 sets what the owner does about each defect. Part 214 governs the crew's safety on the track, and Part 243 its training program.

How often must a contractor's track inspection staff be retrained under Part 243?

Refresher training is due at an interval not exceeding three calendar years from the employee's last training event (243.201(e)). For staff who inspect track, it must cover identifying defective conditions and starting immediate remedial action. Part 214 separately requires on-track safety training every calendar year.

Does Part 213 apply to a subway or isolated light rail line?

No. Part 213 excludes rapid transit operations in an urban area that are not connected to the general railroad system (213.3(b)(3)). Those systems follow FTA rules and state safety oversight. Commuter railroads are FRA-regulated regardless of connection.

Sources

• 49 CFR Chapter II (Parts 200–299), Federal Railroad Administration, eCFR
• 49 CFR Part 243, Training, Qualification, and Oversight for Safety-Related Railroad Employees, eCFR; read on Cornell LII 243.1, 243.3, 243.5, 243.101 and 243.201, October 2026
• 49 CFR Part 213, Track Safety Standards, eCFR; 213.5 on Cornell LII
• 49 CFR Part 214, Railroad Workplace Safety, eCFR
• 49 CFR Part 219, Control of Alcohol and Drug Use, eCFR; 219.3 and 219.501 on Cornell LII
• 49 CFR Part 225, Railroad Accidents/Incidents: Reports Classification, and Investigations, eCFR
• 49 CFR Part 217, Railroad Operating Rules, eCFR
• 49 CFR Part 232, Brake System Safety Standards, eCFR
• 49 CFR Part 234, Grade Crossing Safety and Part 236, Signal and Train Control Systems, eCFR
• 49 CFR Part 237, Bridge Safety Standards, eCFR
• 49 CFR Part 240 and Part 242, engineer and conductor certification, eCFR; 240.7 on Cornell LII
• 49 CFR Part 270, System Safety Program and Part 271, Risk Reduction Program, eCFR
• 49 CFR Part 209 and Appendix A, statement of enforcement policy, Cornell LII
• 49 CFR Part 211, Rules of Practice, eCFR; 211.41 on Cornell LII
• FRA Safety Advisory 2016-01, Movement of Roadway Maintenance Machines Over Highway-Rail Grade Crossings (81 FR 14516, March 17, 2016), Federal Register
• FRA train accident data, dataset byy5-w977, data.transportation.gov, pulled October 24, 2026