49 CFR § 238.701 - Scope.

---
identifier: "/us/cfr/t49/s238.701"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 238.701 - Scope."
title_number: 49
title_name: "Transportation"
section_number: "238.701"
section_name: "Scope."
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "238"
part_name: "PASSENGER EQUIPMENT SAFETY STANDARDS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89."
regulatory_source: "64 FR 25660, May 12, 1999, unless otherwise noted."
cfr_part: "238"
---


# 238.701 Scope.

This subpart contains specific requirements for railroad passenger equipment operating in a shared right-of-way at speeds not exceeding 125 mph and in an exclusive right-of-way without grade crossings at speeds exceeding 125 mph but not exceeding 220 mph. Passenger seating is permitted in the leading unit of a Tier III trainset if the trainset complies with the crashworthiness and occupant protection requirements of this subpart, and the railroad has an approved right-of-way plan under § 213.361 of this chapter and an approved HSR-125 plan under § 236.1007(c) of this chapter. Demonstration of compliance with the requirements of this subpart is subject to FRA review and approval under § 238.111.