http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;rgn=div5&amp;view=text&amp;node=49:4.1.1.1.36&amp;idno=49#se49.4.242_1121<br /><br /><br />[b]§242.121&nbsp;  Knowledge testing.[/b]<br /><br />(a) Each railroad shall adopt and comply with a program that meets the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.<br /><br />(b) After the pertinent date specified in §242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor for any type of service, shall determine that the person has, in accordance with the requirements of this section, demonstrated sufficient knowledge of the railroad&#039;s rules and practices for the safe movement of trains.<br /><br />(c) In order to make the knowledge determination required by paragraph (b) of this section, a railroad shall have procedures for testing a person being evaluated for certification as a conductor that shall be:<br /><br />(1) Designed to examine a person&#039;s knowledge of the railroad&#039;s operating rules and practices for the safe movement of trains;<br /><br />(2) Objective in nature;<br /><br />(3) Administered in written or electronic form;<br /><br />(4) Cover the following subjects:<br /><br />(i) Safety and operating rules;<br /><br />(ii) Timetable instructions;<br /><br />(iii) Compliance with all applicable Federal regulations;<br /><br />(iv) Physical characteristics of the territory on which a person will be or is currently serving as a conductor; and<br /><br />(v) Use of any job aid that a railroad may provide a conductor;<br /><br />(5) Sufficient to accurately measure the person&#039;s knowledge of the covered subjects; and<br /><br />(6) Conducted without open reference books or other materials except to the degree the person is being tested on his or her ability to use such reference books or materials.<br /><br />(d) The conduct of the test shall be documented in writing and the documentation shall contain sufficient information to identify the relevant facts relied on for evaluation purposes.<br /><br />(e) For purposes of paragraph (c) of this section, the railroad must provide the person(s) being tested with an opportunity to consult with a supervisory employee, who possesses territorial qualifications for the territory, to explain a question.<br /><br />(f) The documentation shall indicate whether the person passed or failed the test.<br /><br />(g) If a person fails to pass the test, no railroad shall permit or require that person to function as a conductor prior to that person&#039;s achieving a passing score during a reexamination of the person&#039;s knowledge.<br />