Each on-track roadway maintenance machine and hi-rail vehicle shall have on board a flagging kit that complies with the operating rules of the railroad if:
    
    
        
        (a) 
         The equipment is operated over trackage subject to a railroad operating rule requiring flagging; and
     
    
        
        (b) 
        
        (1) 
         The equipment is not part of a roadway work group; or
     
    
        
        (2) 
         The equipment is the lead or trailing piece of equipment in a roadway work group operating under the same occupancy authority.
     
    [69 FR 8839, Feb. 26, 2004]