facie evidence that the violation was knowing and willful. Evidence that a repair has been made to a locomotive part or appurtenance but that such part or appurtenance was not brought into full compliance with this part is prima facie evidence that the violation was knowing and willful. 3 Failure to observe any condition for movement set forth in paragraph (a) of § 229.9 will deprive the carrier of the exception and make the carrier liable for penalty under §§ 229.7 through 229.141. Failure to comply with this provision will result in the lapse of any affected waiver. APPENDIX C-FRA LOCOMOTIVE EDITORIAL NOTE: Appendix C, published at 45 FR 21121, Mar. 31, 1980, as part of the original document, is not carried in the CFR. PART 230-LOCOMOTIVE INSPECTION AUTHORITY: Secs. 1, 2, 5, 9, 36 Stat. 913, 914 (45 U.S.C. 22, 23, 28, 34); sec. 6 (e) and (f), 80 Stat. 939, 940 (49 U.S.C. 1655 (e) and (f)) § 230.0 Steam powered locomotives. § 229.79 Third rail shoes and beams. 500 1,000 $229.81 Emergency pole; shoe insulation.... 500 1,000 § 229.83 Insulation or grounding of metal parts.. 1,000 1,500 § 229.85 Door and cover plates marked "Danger". 500 750 § 229.87 Hand operated switch es.... 500 750 Sec. (a) No railroad may use a steam powered locomotive on its line unless that locomotive meets the requirements of 49 CFR Part 230, Subpart A (§§ 230.1 to 230.55) and Subpart B (§§ 230.101 to 230.162) as in effect on October 1, 1978. (b) Any interested person may consult the October 1, 1978 revision of 49 CFR Parts 200-999 or obtain a copy of these regulations by contacting the Federal Railroad Administration, Office of Standards and Procedures, 400 7th St., S.W., Washington, D.C. 20590. [45 FR 21109, Mar. 31, 1980] PART 231-RAILROAD SAFETY APPLIANCE STANDARDS 145 U.S.C. 34 requires the Secretary of Transportation to assess a penalty of not less than $250 nor more than $2,500 for each and every violation of the Locomotive Inspection Act or any rule or regulation promulgated under that statute. 2 For purposes of this schedule, an intentional violation is the knowing and willful failure of a carrier to comply with the provisions of this part. The knowledge required for an intentional violation is knowledge of the facts constituting the violation. Knowledge of the regulations is presumed by law. Evidence that a violation has been committed or has been allowed to continue after an FRA inspector has provided the carrier notification of non-compliance with this part is prima Sec. 231.10 Caboose cars with platforms. 231.11 Caboose cars without platforms. 231.12 Passenger-train cars with wide vestibules. 231.13 Passenger-train cars with open-end platforms. 231.14 Passenger-train cars without end platforms. 231.15 Steam locomotives used in road service. 231.16 Steam locomotives used in switching service. 231.17 Specifications common to all steam locomotives. 231.18 Cars of special construction. 231.19 Definition of “Right" and "Left." 231.20 Variation in size permitted. 231.21 Tank cars without underframes. 231.22 Operation of track motor cars. 231.23 Unidirectional passenger-train cars adaptable to van-type semi-trailer use. 231.24 Box and other house cars with roofs, 16 feet 10 inches or more above top of rail. 231.25 Track motorcars (self-propelled 4wheel cars which can be removed from the rails by men). 231.26 Pushcars. 231.27 Box and other house cars without roof hatches or placed in service after October 1, 1966. 231.28 Box and other house cars with roof hatches built or placed in service after October 1, 1966. 231.29 Road locomotives with corner stairways. 231.30 Locomotives used in switching service. AUTHORITY: Secs. 2, 4, and 6, 27 Stat. 531, as amended, secs. 1 and 3, 32 Stat. 943, as amended, secs. 1-6, 36 Stat. 298-299, as amended, sec. 6(e) and (f), 80 Stat. 939; 45 U.S.C. 2, 4, 6, 8, 10, 11-16, 49 U.S.C. 1655. SOURCE: 33 FR 19663, Dec. 25, 1968, unless otherwise noted. NOTE: Where rivets or bolts are required in this Part 231 a two-piece steel rivet may be used consisting of: (a) A solid shank of one-half (2) inch minimum diameter steel or material of equal or greater strength having cold forged head on one end, a shank length for material thickness fastened, locking grooves, breakneck groove and pull grooves (all annular grooves) on the opposite end. (b) A collar of similar material which is cold swaged into the locking grooves forming a head for the opposite end of item (a) after the pull groove section has been removed. § 231.1 Box and other house cars built or placed in service before October 1, 1966. Except for box and other house cars that comply with either § 231.27 or § 231.28, each box and other house car shall be equipped to meet the following specifications: (a) Handbrake—(1) Number. One efficient handbrake which shall operate in harmony with the power brake installed on the car. Each such handbrake shall (i) provide the same degree of safety as the design shown on plate A, or (ii) provide the same degree of safety as that specified in § 231.27. (2) Dimensions. (i) The brake shaft shall be not less than 11⁄4 inches in diameter, of wrought iron or steel without weld. (ii) The brake wheel may be flat or dished, not less than 15, preferably 16, inches in diameter, of malleable iron, wrought iron, or steel. (3) Location. (i) The hand brake shall be so located that it can be safely operated while car is in motion. (ii) The brake shaft shall be located on end of car, to the left of and not less than 17 nor more than 22 inches from center. (iii) Carriers are not required to change the brakes from right to left side on steel or steel-underframe cars with platform end sills in service July 1, 1911, except when such appliances are renewed, at which time they must be made to comply with the standards prescribed. (iv) Carriers are not required to change the location of brake wheels and brake shafts on cars in service July 1, 1911, where the appliances are within 3 inches of the required location, except that when cars undergo regular repairs they must then be made to comply with the standards prescribed. (4) Manner of application. (i) There shall be not less than 4 inches clearance around rim of brake wheel. (ii) Outside edge of brake wheel shall be not less than 4 inches from a vertical plane parallel with end of car and passing through the inside face of knuckle when closed with coupler horn against the buffer block or end sill. (iv) A brake-shaft step shall support the lower end of brake shaft. A brakeshaft step which will permit the brake chain to drop under the brake shaft shall not be used. U-shaped form of brakeshaft step is preferred. (See plate A.) (v) Brake shaft shall be arranged with a square fit at its upper end to secure the hand-brake wheel; said square fit shall be not less than seveneighths of an inch square. Square-fit taper, nominally 2 in 12 inches. (See plate A.) (vi) Brake chain shall be of not less than -, preferably 16-, inch wrought iron or steel, with a link on the brakerod end of not less than 16-, preferably 2-, inch wrought iron or steel, and shall be secured to brakeshaft drum by not less than 2-inch hexagon or square-headed bolt. Nut on said bolt shall be secured by riveting end of bolt over nut. (See plate A.) (vii) Lower end of brake shaft shall be provided with a trunnion of not less than 4-, preferably 1, inch in diameter extending through brake-shaft step and held in operating position by a suitable cotter or ring. (See plate A.) (viii) Brake-shaft drum shall be not less than 11⁄2 inches in diameter. (See plate A.) (ix) Brake ratchet wheel shall be secured to brake shaft by a key or square fit; said square fit shall be not less than 116 inches square. When ratchet wheel with square fit is used, provision shall be made to prevent ratchet wheel from rising on shaft to disengage brake pawl. (See plate A.) (x) Brake ratchet wheel shall be not less than 5, preferably 51⁄2, inches in diameter and shall have not less than 14, preferably 16, teeth. (See plate A.) (xi) If brake ratchet wheel is more than 36 inches from brake wheel, a brake-shaft support shall be provided to support this extended upper portion of brake shaft; said brake-shaft support shall be fastened with not less than 2-inch bolts or rivets. (xii) The brake pawl shall be pivoted upon a bolt or rivet not less than fiveeighths of an inch in diameter, or upon a trunnion secured by not less than 2-inch bolt or rivet, and there shall be a rigid metal connection between brake shaft and pivot of pawl. (xiii) Brake wheel shall be held in position on brake shaft by a nut on a threaded extended end of brake shaft; said threaded portion shall be not less than three-fourths of an inch in diameter; said nut shall be secured by riveting over or by the use of a lock nut or suitable cotter. (xiv) Brake wheel shall be arranged with a square fit for brake shaft in hub of said wheel; taper of said fit, nominally 2 in 12 inches. (See plate A.) (b) Brake step. If brake step is used, it shall be not less than 28 inches in length. Outside edge shall be not less than 8 inches from face of car and not less than 4 inches from a vertical plane parallel with end of car and passing through the inside face of knuckle when closed with coupler horn against the buffer block or end sill. (1) Manner of application. Brake step shall be supported by not less than two metal braces having a minimum cross-sectional area % by 12 inches or equivalent, which shall be se curely fastened to body of car with not less than 1⁄2-inch bolts or rivets. (c) Running boards-(1) Number. One longitudinal running board. On outside-metal-roof cars two latitudinal extensions. (2) Dimensions. Longitudinal running board shall be not less than 18 and preferably 20 inches in width. Latitudinal extensions shall be not less than 24 inches in width. Wooden running boards or extensions hereafter installed shall be constructed of wood not less than 1% inches in thickness. (3) Location. Full length of car, center of roof. On outside-metal-roof cars there shall be two latitudinal extensions from longitudinal running board to ladder locations, except on refrigerator cars where such latitudinal extensions cannot be applied on account of ice hatches. (4) Manner of application. (i) Running board shall be continuous from end to end and not cut or hinged at any point: Provided, That the length and width of running board may be made up of a number of pieces securely fastened to saddle-blocks with screws, bolts, or rivets. (ii) The ends of longitudinal running board shall be not less than 6 nor more than 10 inches from a vertical plane parallel with end of car and passing through the inside face of knuckle when closed with couplerhorn against the buffer-block or endsill; and if more than 4 inches from edge of roof of car, shall be securely supported their full width by substantial metal braces. (iii) Running board shall be securely fastened to car and be made of wood or of material which provides the same as or a greater degree of safety than wood of 1% inches thickness. When made of material other than wood the tread surface shall be of anti-skid design and constructed with sufficient open space to permit the elimination of snow and ice from the tread surface. (d) Sill steps-(1) Number. Four. (2) Dimensions. Minimum cross-sectional area 1⁄2 by 11⁄2 inches, or equivalent, of wrought iron or steel. Minimum length of tread, 10, preferably 12, inches. Minimum clear depth, 8 inches. (3) Location. (i) One near each end of each side of car, so that there shall be not more than 18 inches from end of car to center of tread of sill step. (ii) Outside edge of tread of step shall be not more than 4 inches inside of face of side of car, preferably flush with side of car. (iii) Tread shall be not more than 24, preferably not more than 22, inches above the top of rail. (iv) Carriers are not required to change location of sill steps on cars in service July 1, 1911, where the appliances are within 3 inches of the required location, except that when cars undergo regular repairs they must then be made to comply with the standards prescribed. (4) Manner of application. (i) Sill steps exceeding 21 inches in depth shall have an additional tread. (ii) Sill steps shall be securely fastened with not less than 1⁄2-inch bolts with nuts outside (when possible) and riveted over, or with not less than 2inch rivets. (e) Ladders—(1) Number. Four. (2) Dimensions. (i) Minimum clear length of tread: Side ladders 16 inches; end ladders 14 inches. Maximum spacing between ladder treads, 19 inches. (ii) Top ladder tread shall be located not less than 12 nor more than 18 inches from roof at eaves. (iii) Spacing of side ladder treads shall be uniform within a limit of 2 inches from top ladder tread to bottom tread of ladder. (iv) Maximum distance from bottom tread of side ladder to top tread of sill step, 21 inches. (v) End ladder treads shall be spaced to coincide with treads of side ladders, a variation of 2 inches being allowed. Where construction of car will not permit the application of a tread of end ladder to coincide with bottom tread of side ladder, the bottom tread of end ladder must coincide with second tread from bottom of side ladder. (vi) Hardwood treads, minimum dimensions 12 by 2 inches. (vii) Iron or steel treads, minimum diameter five-eighths of an inch. (viii) Minimum clearance of treads, 2, preferably 21⁄2, inches. (3) Location. (i) One on each side, not more than 8 inches from right end of car; one on each end, not more than 8 inches from left side of car; measured from inside edge of ladder stile or clearance of ladder treads to corner of car. (ii) Carriers are not required to change the location of ladders on cars in service July 1, 1911, where the appliances are within 3 inches of the required location, except that when cars undergo regular repairs they must then be made to comply with the standards prescribed. (iii) Carriers are not required to change the end ladders on steel or steel underframe cars with platform end sill, in service July 1, 1911, except when such appliances are renewed, at which time they must be made to comply with the standards prescribed. (4) Manner of application. (i) Metal ladders without stiles near corners of cars shall have foot guards or upward projections not less than 2 inches in height near inside end of bottom treads. (ii) Stiles of ladders, projecting 2 or more inches from face of car, will serve as foot guards. (iii) Ladders shall be securely fas tened with not less than 2-inch bolts with nuts outside (when possible) and riveted over, or with not less than 2inch rivets. Three-eighths-inch bolts may be used for wooden treads which are gained into stiles. (f) End ladder clearance. (1) No part of car above end sills within 30 inches from side of car, except buffer block, brake shaft, brake wheel, brake step, running board or uncoupling lever shall extend to within 12 inches of a vertical plane parallel with end of car and passing through the inside face of knuckle when closed with coupler horn against the buffer block or end sill, and no other part of end of car or fixtures on same above end sills, other than exceptions herein noted, shall extend beyond the outer face of buffer block. (2) Carriers are not required to make changes to secure additional endladder clearance on cars in service July 1, 1911, that have 10 or more inches end-ladder clearance, within 30 inches of side of car, until car is |