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— (i) On the ground, or (ii) Riding rolling equipment during a switching operation; or (3) When any railroad employee is assisting in preparation of the train for movement.