220.311—Railroad operating employees in deadhead status.
(a)
Notwithstanding any other restrictions in this subpart, a railroad operating employee who is in deadhead status and not inside the cab of a controlling locomotive may use an electronic device only if the employee is not using the device in such a way that interferes with any railroad operating employee's personal safety or performance of safety-related duties.
(b)
A railroad operating employee who is in deadhead status and located inside the cab of a controlling locomotive must have each electronic device turned off with any earpiece removed from the ear—
(1)
When on a moving train;
(2)
When any member of the crew is—
(ii)
Riding rolling equipment during a switching operation; or
(3)
When any railroad employee is assisting in preparation of the train for movement.