49 CFR § 222.33 - Can locomotive horns be silenced at an individual public highway-rail grade crossing which is not within a quiet zone?

---
identifier: "/us/cfr/t49/s222.33"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 222.33 - Can locomotive horns be silenced at an individual public highway-rail grade crossing which is not within a quiet zone?"
title_number: 49
title_name: "Transportation"
section_number: "222.33"
section_name: "Can locomotive horns be silenced at an individual public highway-rail grade crossing which is not within a quiet zone?"
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "222"
part_name: "USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89."
regulatory_source: "71 FR 47634, Aug. 17, 2006, unless otherwise noted."
cfr_part: "222"
---


# 222.33 Can locomotive horns be silenced at an individual public highway-rail grade crossing which is not within a quiet zone?

(a) A railroad operating over an individual public highway-rail crossing may, at its discretion, cease the sounding of the locomotive horn if the locomotive speed is 15 miles per hour or less and train crew members, or appropriately equipped flaggers, as defined in 49 CFR 234.5, flag the crossing to provide warning of approaching trains to motorists.

(b) This section does not apply where active grade crossing warning devices have malfunctioned and use of the horn is required by 49 CFR 234.105, 234.106, or 234.107.