Rail inspection after derailment is driven by 49 CFR 213.239, which requires a special inspection after any "occurrence which might have damaged track structure", before trains run where possible. Under 213.5 the owner must then repair the track, halt operations or run under a designated person. No FRA rule requires ultrasonic testing afterward; the owner sets that scope.
This guide covers the rules that apply in the hours and days after a derailment on track under Part 213: the special inspection, track class and speed, defective and damaged rail, CWR, plug rail, records, FRA accident reporting and the NTSB's role at the scene. It then sets out a concrete ultrasonic testing (UT) scope for the derailment zone and works one example through from the first phone call to full track speed.
Contents: Which rules apply · Does 213.237 require a test? · Reporting · NTSB and evidence · Restoring track · UT scope · Worked example · Limits · FAQ
Which FRA rules apply to rail inspection after derailment?
Six sections of Part 213 do most of the work, with Part 225 for reporting. None of them is written for derailments specifically. Each one applies because the derailment has created track that may not comply.
| Rule | What it requires after a derailment |
|---|---|
| 49 CFR 213.239 Special inspections | Inspect the track involved as soon as possible after an occurrence that might have damaged it, and if possible before any train runs over it |
| 49 CFR 213.5 Responsibility for compliance | An owner who knows track doesn't comply must bring it into compliance, halt operations, or operate under a person designated under 213.7(a) (and 213.7(c) on CWR) |
| 49 CFR 213.9 Classes of track | Track that fails a requirement of its intended class is reclassified to the next lower class it meets. Below Class 1, Class 1 speeds are allowed for up to 30 days under a 213.7(a) person |
| 49 CFR 213.11 Restoration under traffic | Work on non-compliant track under traffic needs the "continuous supervision" (physical presence) of a 213.7(a) person, and speed may not exceed the 213.9 limit for the class |
| 49 CFR 213.113 Defective rails | A 213.7 person decides whether track may stay in use. Indications must be verified within 4 hours, or immediately for defects needing remedial action A, A2 or B, then repaired or put under the table's remedial action |
| 49 CFR 213.119 CWR plan contents | The owner's CWR plan must cover rail temperature when cutting and adding rail (d), and train speed on disturbed track (f) |
| 49 CFR 213.241 Records | Inspection records, including internal rail inspection records with defect location, type, size and remedial action |
| 49 CFR Part 225 | Derailments above the reporting threshold are reported to FRA; some need an immediate call |
The visual inspection frequencies in 213.233 keep running as normal. A special inspection is extra, not a replacement for the scheduled ones. For the wider framework, see our overview of FRA track safety standards.
The trigger for the special inspection is broad. Section 213.239 reads in full:
"In the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection shall be made of the track involved as soon as possible after the occurrence and, if possible, before the operation of any train over that track." — 49 CFR 213.239
A derailment isn't named, but it is plainly an "other occurrence which might have damaged track structure". The rule sets no method, so a 213.239 inspection is visual and dimensional unless the owner adds more.
Key takeaway: after a derailment, the owner must inspect, then fix, stop or restrict. The rules say what condition the track must meet, not how to test it.
Does a derailment trigger an internal rail test under 213.237?
No. 49 CFR 213.237 sets internal rail testing by time and tonnage (370 days or 30 MGT on Class 4 and 5 track, among other intervals) and by service failure rates. A full-text search of the 2025 Part 213 finds no mention of derailments anywhere in 213.237. The only rail rule in Part 213 that names a derailment is the 213.113(d)(5) definition of damaged rail.
What 213.237 does and doesn't do after a derailment:
| Question | Answer under 213.237 |
|---|---|
| Does a derailment require an ultrasonic test? | No. No paragraph is triggered by an accident |
| Does a broken rail at the point of derailment count toward the service failure rate? | Only if it is a "service failure": a broken rail from a transverse fissure, compound fissure, detail fracture or vertical split head (213.237(j)). A rail broken by derailed wheels isn't one of those |
| Does replacement rail need a test? | Plug rail does: it must have been tested, and if installed after March 25, 2014, it may not exceed 30 MGT since that test. Otherwise trains run at Class 2 speeds until it is tested (213.237(c)) |
| Does a local post-derailment test reset the segment's interval? | The rule doesn't say. Don't assume a test of a few thousand feet satisfies the interval for a whole rail inspection segment. Confirm with FRA before relying on it |
| Does the equipment have to search inside joint bars? | Yes, for 213.237 inspections (213.237(f)), which matters at the temporary joints a rebuild creates |
So the reason for testing after a derailment isn't a federal mandate. Derailed wheels apply loads the rail was never designed for. The impacts can start or grow cracks that are invisible from the surface and won't show up until the next scheduled test, which may be months away. The general interval rules are covered in 49 CFR 213.237 rail flaw detection inspection requirements.
Key takeaway: the owner decides the UT scope after a derailment. The plug rail and joint-bar provisions of 213.237 still apply to the rebuild.
What must be reported to FRA and the NTSB?
A derailment with damage above FRA's reporting threshold is a reportable rail equipment accident, and larger ones need a phone call within hours. The track inspector doesn't file these reports. The repair-cost estimates the inspection produces feed into them, though, so the inspection record should support them.
| Requirement | Trigger | Deadline | Rule |
|---|---|---|---|
| FRA rail equipment accident report (Form FRA F 6180.54) | Derailment with damage to on-track equipment, signals, track, track structures or roadbed above the current reporting threshold | Monthly report, within 30 days after the end of the month | 225.19(c), 225.11 |
| FRA telephonic report to the National Response Center | Among other triggers: a train accident with a preliminary damage estimate of $150,000 or more to railroad and non-railroad property, or $25,000 or more to a passenger train | Immediately | 225.9 |
| NTSB notification through the National Response Center | Fatality, serious injury to two or more crew or passengers, passenger train evacuation, hazmat release or a grade crossing fatality | No later than 2 hours | 840.3(a) |
| NTSB notification | Damage of $150,000 or more (or $25,000 or more to a passenger train), with none of the 2-hour circumstances | No later than 4 hours | 840.3(b) |
The reporting threshold changes each year. Under 225.19(e), FRA publishes the next year's figure on its website by November 30. FRA's monetary threshold notice gives $12,600 for calendar year 2026, up $200 from 2025. We read that figure from a search summary of the notice because FRA's site blocked direct access. It is consistent with FRA's Form 54 data: the smallest damage total on any 2026 derailment record (queried October 24, 2026) is $12,682. Check FRA's current notice before quoting the number.
Under the 225.5 definitions, any derailment is an "accountable" rail equipment accident regardless of damage, even when it falls below the reporting threshold. Rail failure trends drawn from these reports are covered in our rail failure statistics (FRA 2026) article.
Does Part 219 post-accident testing affect the inspection?
Only indirectly. FRA post-accident drug and alcohol testing (49 CFR 219.201) applies after a "major train accident": a train accident above the reporting threshold that involves a fatality, a hazmat release with an evacuation or reportable injury, or damage to railroad property of $1,500,000 or more. Under 219.5, regulated employees include maintenance-of-way employees, defined as roadway workers under 214.7. Track forces who worked in the zone before the event may therefore be tested. A UT crew that arrives afterward is examining the track, not taking part in the event.
How does an NTSB investigation affect the inspection?
When the NTSB investigates, it controls the scene and the evidence, and the track inspection has to fit around that. Under 49 U.S.C. 1131, the NTSB investigates railroad accidents involving a fatality or substantial property damage, and qualifying passenger train accidents. Its investigation has priority over any other federal agency's. FRA also investigates under 225.31.
NTSB rules that matter on the ground:
- Access: "Only persons authorized by the NTSB IIC may be permitted access to wreckage, records, mail, or cargo" (49 CFR 831.12(a)). The IIC is the investigator-in-charge.
- Parties: railroads and other organizations take part only as parties named by the IIC, and must follow NTSB instructions (831.11).
- Information: information gathered in the investigation, including physical evidence and photographs, goes to the NTSB, and parties may not release it publicly without IIC approval (831.13).
In practice, this changes the inspection in four ways:
- Fracture faces are evidence. Don't grind, clean or couple onto a broken rail end at the point of derailment, and don't cut it out, until the IIC releases it. A UT probe and couplant on a fracture face can destroy the beach marks and corrosion bands that date the crack.
- Tag and keep removed rail. Mark every piece by its milepost, rail (north/south or left/right) and orientation before it leaves the site.
- Separate condition from cause. The track inspection decides whether the track can carry trains. The investigation decides why it derailed. A UT report shouldn't say "cause of derailment" about an indication.
- Share before you act. Under 831.13(c)(3), a party that plans a safety improvement based on investigation information must tell the IIC before carrying it out.
The order of work at the site is covered in what happens after a train derailment.
How is track restored and returned to service?
Track goes back into service only when it meets its class or runs at a lower class under a designated person, and every rail defect is repaired or under its remedial action. The rules that apply to the rebuild:
| Condition found | Rule | What it means |
|---|---|---|
| Rail broken by derailed wheels | 213.113, remedial action table | An ordinary break takes action A (a designated person visually supervises each move) or E (joint bars) |
| Rail gouged, flange-cut or otherwise "damaged" | 213.113(d)(5): "any rail broken or otherwise damaged by a derailment, broken, flat, or unbalanced wheel, wheel slipping, or similar causes" | Remedial action C: joint bars within 10 days, with speed limits until then |
| Broken base over 6 in. | 213.113 table | A, or E and I |
| Engine burn fracture | 213.113(d)(8) | Sized by percent of head area, the same as transverse defects |
| Geometry or tie failures | 213.9(b) | The segment drops to the class it meets |
| Rail end torch cut in an emergency | 213.122 | Allowed only as a temporary emergency repair on Class 3 to 5 track, at no more than Class 2 speed over that rail end |
| Mismatch at a temporary joint | 213.115 | Class 4 and 5: no more than 1/8 in. on the tread or gage side; Class 3: 3/16 in. |
| CWR cut and rail added | 213.119(d) | Set the added length from the actual rail temperature. Don't add rail below the plan's installation range without provisions for later adjustment |
| Ballast and ties disturbed | 213.119(f) | Speed restrictions follow the CWR plan until the ballast has re-consolidated through tonnage or mechanical stabilization |
| Failed bolted CWR joint with a gap | 213.119(c)(3) | Weld the joint, or rebar it with one of the listed options (e.g. weld within 30 days, or anchor 195 ft each way) |
The full remedial action table is in FRA defect codes explained, and speed restrictions are covered in our guide to slow orders. Rail temperature, RNT and disturbed-track speeds are covered in continuous welded rail.
Key takeaway: in the Part 213 sense, return to service is a sequence of speed steps, each supported by a record, not a single sign-off.
What should the ultrasonic scope cover?
Test the whole path of the derailed equipment plus a buffer each side, both rails, every joint and weld in that length, and every piece of rail installed in the rebuild. No regulation sets these limits. The scope below is a starting point that an owner's engineer or Level III should adapt to the site.
How far beyond the point of derailment?
The point of derailment (POD) is where the first wheel left the rail, usually marked by a flange mark climbing the head. Damage often starts before it and continues well past it.
| Zone | Suggested extent | Why |
|---|---|---|
| Approach | At least 500 ft before the POD, or back to the first undisturbed joint or weld | Pre-existing defects or a rail that failed under the train before the wheels climbed; flange marks can start before the POD |
| Derailment path | POD to the last point of rest of derailed equipment, both rails | Wheels running on ties, plates and the rail base strike the rail repeatedly |
| Departure | At least 500 ft past the last point of rest | Equipment that rerailed itself or was dragged on; rail disturbed by recovery equipment |
| Adjacent tracks and turnouts | Any track that derailed equipment fouled or that recovery cranes worked from | Outrigger and crane loads, plus impact damage |
The 500 ft buffers are an illustration, not an FRA figure. Base them on what the visual walk finds, and extend the zone wherever marks continue.
Wheel burns and rail-end batter
Wheel burns. A locomotive slipping during the event, or recovery moves, can leave burns. Part 213 treats the resulting crack as an engine burn fracture, "a progressive fracture originating in spots where driving wheels have slipped on top of the rail head" (213.113(d)(8)). Scan each burn from both directions with the 70° probe, and use the 0° probe to check for loss of the back-wall echo beneath it. A burned or shelled surface can block the beam. Where coupling fails, record the length as not validly tested, the same way 213.241(c)(6) treats untested track, and grind or replace the rail before re-testing. Surface damage is covered in rail shelling and spalling.
Rail-end batter. Derailed wheels landing on rail ends batter them. Part 213 sets no numeric batter limit. It limits mismatch at joints (213.115) and requires CWR plans to have personnel inspect for "rail end batter or mismatch that contributes to instability of the joint" (213.119(h)(3)(ii)). Measure batter and mismatch at every joint in the zone, then hand-test each rail end for bolt hole cracks and head-web separation. Bolt hole probes are commonly 37–45° from the rail end toward the holes, but the angles vary by procedure. Joint-bar UT is a separate test from rail flaw UT; see rail joint inspection.
Joints and welds in the zone
- Existing field and plant welds: hand-test the head, web and base. Test vehicles miss most of the rail base at thermite welds, so the base needs hand UT. A defective weld is one with discontinuities over 5% of head area individually or 10% in total (213.113(d)(6)).
- Insulated joints: check the rail ends as above. An impact-damaged insulated joint also needs a signal test, which UT doesn't replace.
- Temporary joints from the rebuild: test the rail ends before the bars go on, if possible. Bars hide the ends from visual inspection.
Replacement rail and plugs
| Item | Check before trains run | Rule or reason |
|---|---|---|
| Stored plug rail | Test record exists, and no more than 30 MGT since that test (old plus new location) | 213.237(c); otherwise Class 2 speeds until tested |
| Plug rail with no test record | Hand UT before installation, or accept Class 2 speed | 213.237(c) |
| Rail ends of every plug | 0° and angle-beam check of the last few feet, including any bolt holes | Bolt holes drilled in the field; drilling or saw damage |
| New field welds | UT after final grinding and cooling, head to base | Thermite weld defects concentrate at the web-base fillet; see aluminothermic weld inspection |
| Torch-cut ends | Treat as temporary; replace with saw-cut ends | 213.122 |
Second-hand rail is covered in more depth in our relay rail inspection guide.
When to re-test the segment
A single test before reopening can't find cracks that the event started but that haven't yet grown to a detectable size. A practical plan:
- Before the first train: the full scope above, plus plugs and welds.
- After re-consolidation, before restoring full speed: re-test the derailment path and every new weld. A reasonable trigger is the point where the CWR plan allows the final speed step, or after about 1 to 2 MGT of traffic.
- At the next scheduled 213.237 test: have the operator mark the zone so that results there are compared with the post-derailment report.
Where any test leaves untested rail, re-test it before the next speed step.
Worked example: a post-derailment scope and timeline
This is a hypothetical case to show the method. The inputs are chosen to keep the arithmetic simple.
Inputs: Class 4 freight main line, 136RE CWR, timetable speed 60 mph, about 40 MGT a year. Nine cars derail. The POD is at MP 112.40, and the last derailed car stops at MP 112.62. There is no fatality, no injury and no hazmat release. The preliminary damage estimate is $1.1 million.
Scope length:
| Item | Calculation | Result |
|---|---|---|
| Derailment path | (112.62 − 112.40) mi × 5,280 ft/mi | 1,162 ft |
| Approach buffer | Fixed | 500 ft |
| Departure buffer | Fixed | 500 ft |
| Zone length | 500 + 1,162 + 500 | 2,162 ft (MP 112.305 to MP 112.715) |
| Rail to test | 2,162 ft × 2 rails | 4,324 rail-ft (0.82 rail-mi) |
Inside the zone are 1 insulated joint, 2 existing field welds and 6 wheel-burn spots on the north rail. The rebuild replaces 117 ft of the south rail at two separate locations: a 78 ft length of new rail at one and a 39 ft stored plug at the other. That leaves 4 temporary joints (2 per piece), which are later replaced by 4 thermite welds.
Reporting check: $1.1 million is above the 2026 reporting threshold, so this is a reportable rail equipment accident. It is also above $150,000, so 225.9 requires an immediate call and 840.3(b) requires NTSB notification within 4 hours. It is below $1,500,000 and involved no fatality or hazmat, so 219.201(a)(1) post-accident testing isn't triggered on this basis.
Timeline:
| Time | Action | Rule |
|---|---|---|
| T+0 | Track protected; operations halted | 213.5(a)(2) |
| T+0 to 4 h | National Response Center call (FRA and NTSB) | 225.9, 840.3(b) |
| T+4 to 18 h | Scene documented; broken POD rail tagged and held for the investigation; equipment cleared | 225.31; 831.12 if the NTSB launches |
| T+18 to 28 h | Ties, ballast and rail rebuilt. Plug record checked: the 39 ft plug shows 12 MGT since its last test (under 30), and the new rail goes in with mill documentation. Rail ends hand-tested before bolting | 213.11, 213.119(d), 213.237(c) |
| T+28 to 32 h | 213.239 special inspection and geometry checked against Class 4. UT of 4,324 rail-ft, the insulated joint, both existing welds and all 6 burns. Burn 4 loses its 0° back-wall echo over 3 ft; that length is recorded as untested, ground, and passes on re-test | 213.239, 213.113(b), 213.241 |
| T+32 h | Reopened at 10 mph under a person designated under 213.7(a) and (c) | 213.5(a)(3), 213.119(f) |
| Days 3 to 5 | 4 thermite welds replace the temporary joints; each is tested after grinding. Speed raised to 25 mph, then 40 mph, under the CWR plan | 213.119(c), (f) |
| Day 14 | About 1.5 MGT carried (40 MGT ÷ 365 days × 14 days = 1.53 MGT). Path and new welds re-tested; clean | Owner's plan |
| Day 14 | Track restored to 60 mph after the final geometry check | 213.9 |
| By the end of the following month | Form 54 filed within 30 days after the end of the month | 225.11 |
What the example shows: the regulations set the reporting deadlines and the conditions the track must meet, while the UT scope, the buffer lengths and the re-test at day 14 are engineering decisions. Record each one with its reason.
What ultrasonic testing can't tell you after a derailment
UT finds internal discontinuities in rail. It doesn't measure most of the damage a derailment does.
| Condition | Why UT doesn't answer it | What does |
|---|---|---|
| Change in rail neutral temperature (RNT) | UT doesn't measure longitudinal stress | CWR plan procedures, rail temperature records, destressing |
| Bent or kinked rail | A geometry condition, not a flaw | Gage, alinement and surface measurement under Subpart C |
| Broken ties, plates, fasteners, anchors | Not in the beam path | Visual inspection under 213.239 |
| Subgrade and ballast damage | Not in the rail | Visual inspection; re-consolidation under 213.119(f) |
| Rail base edges | Most beam sets cover the head and web, with limited base coverage | Hand UT of the base at welds; visual of the base |
| Cracks under shelling or burns | Surface damage can block coupling and mask a detail fracture | Grind, re-test, or replace |
| Tight, newly started cracks | Closed crack faces pass sound and reflect weakly | Re-test after traffic (see above) |
| Heavily deformed rail | Geometry makes coupling and beam angles unreliable | Replace it rather than test it |
A clean UT report covers only the rail, probe angles and length actually tested. It should list what wasn't covered.
How EMA Industries applies this
EMA Industries performs ultrasonic rail flaw testing and rail weld inspection for transit agencies, short lines and industrial track owners. We're based in Southern California and mobilize nationwide. After a derailment, the report should state the zone limits by milepost, the probes and angles used, every joint, weld, burn and plug tested, and every length not validly tested, so the owner can support each speed step. To scope a post-derailment test or a re-test, see our ultrasonic rail testing services or contact us.
Related reading: Transverse fissure in rail · 49 CFR 213.237 requirements · How often must rail be tested? · FRA track safety standards
Frequently asked questions
What FRA rule requires an inspection after a derailment?
49 CFR 213.239. It requires a special inspection after any occurrence that might have damaged track structure, as soon as possible and, if possible, before any train runs over the track. Under 213.5, the owner must then bring the track into compliance, halt operations, or operate under a person designated under 213.7(a).
Does FRA require ultrasonic testing after a derailment?
No. Section 213.237 sets internal rail testing by time, tonnage and service failure rates, and doesn't mention derailments. The owner decides the UT scope. Plug rail installed in the rebuild must still meet 213.237(c), or trains run at Class 2 speed until it is tested.
How much damage makes a derailment reportable to FRA?
Damage above FRA's annual reporting threshold to equipment, signals, track, track structures or roadbed. FRA's notice gives $12,600 for 2026; check the current notice. Damage of $150,000 or more also requires an immediate call to the National Response Center under 225.9 and 49 CFR 840.3.
Who can authorize trains over track damaged by a derailment?
A person the owner has designated under 213.7(a), and on CWR also under 213.7(c). That person decides whether track with a rail defect may stay in use (213.113(a)), supervises restoration under traffic (213.11), and may run Class 1 speeds for up to 30 days on track below Class 1 (213.9(b)). FRA doesn't certify these people; the owner designates them.
How far from the point of derailment should rail be tested?
No rule sets a distance. A sound scope covers the full path of the derailed equipment on both rails, plus a buffer before the point of derailment and past the last point of rest. The worked example uses 500 ft each side and extends wherever wheel marks or impact damage continue.
Sources
- 49 CFR 213.239, Special inspections, eCFR (text read on Cornell LII and the 2025 CFR on govinfo)
- 49 CFR 213.5, Responsibility for compliance, eCFR
- 49 CFR 213.9, Classes of track: operating speed limits, eCFR
- 49 CFR 213.11, Restoration or renewal of track under traffic conditions, eCFR
- 49 CFR 213.113, Defective rails, eCFR
- 49 CFR 213.115, Rail end mismatch, eCFR
- 49 CFR 213.119, CWR plan contents, eCFR
- 49 CFR 213.122, Torch cut rail, eCFR
- 49 CFR 213.237, Inspection of rail, eCFR
- 49 CFR 213.241, Inspection records, eCFR
- 49 CFR Part 213, 2025 edition (XML), govinfo, used for the full-text search
- 49 CFR 225.5, 225.9, 225.11, 225.19 and 225.31, eCFR
- 49 CFR 219.201, Events for which testing is required, eCFR
- 49 CFR 840.3, Notification of railroad accidents, eCFR
- 49 CFR 831.11, 831.12 and 831.13, NTSB investigation procedures, eCFR
- 49 U.S.C. 1131, NTSB general authority, Cornell LII
- FRA Rail Equipment Accident/Incident Data (Form 54), data.transportation.gov, queried October 24, 2026