Permitted uses; exceptions to other restrictions.

§ 220.309 Permitted uses; exceptions to other restrictions. Notwithstanding any other limitations in this subpart, a railroad operating employee may use the following, if that use does not interfere with any employee's performance of safety-related duties— (a) The digital storage and display function of an electronic device to refer to a railroad rule, special instruction, timetable, or other directive, if such use is authorized under a railroad operating rule or instruction. (b) An electronic device as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing a duty for the railroad. (c) An electronic device to take a photograph of a safety hazard or a violation of a rail safety law, regulation, order, or standard, provided that— (1) A camera that is part of a cell phone or other similar multi-functional electronic device is not included in this exception unless it is a railroad-supplied device and is used for an authorized business purpose; (2) The camera, unless otherwise permitted, is turned off immediately after the documentation has been made; and (3) If the camera is used in the cab of a moving train, the use is only by a crewmember other than the locomotive engineer. (d) A stand-alone calculator if used for an authorized business purpose. (e) A medical device that is consistent with the railroad's standards for medical fitness for duty. (f) A wireless communication device to conduct train or switching operations if the railroad operating employee is part of a crew assigned to a train that is exempt under § 220.9(b) from the requirement of a working radio when the employing railroad has fewer than 400,000 annual employee work hours.