US (United States) Code. Title 49. Subtitle V: Rail programs. Chapter 205: Signal systems

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation. Safety

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-CITE-

49 USC CHAPTER 205 - SIGNAL SYSTEMS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 205 - SIGNAL SYSTEMS

-HEAD-

CHAPTER 205 - SIGNAL SYSTEMS

-MISC1-

Sec.

20501. Definition.

20502. Requirements for installation and use.

20503. Amending regulations and changing requirements.

20504. Inspection, testing, and investigation.

20505. Reports of malfunctions and accidents.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 103, 501, 20105, 21302 of

this title; title 31 section 3711.

-End-

-CITE-

49 USC Sec. 20501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 205 - SIGNAL SYSTEMS

-HEAD-

Sec. 20501. Definition

-STATUTE-

In this chapter, "signal system" means a block signal system, an

interlocking, automatic train stop, train control, or cab-signal

device, or a similar appliance, method, device, or system intended

to promote safety in railroad operations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 883.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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20501 (no source).

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This section is added to eliminate the unnecessary repetition of

the words used in the definition. The definition is derived from 49

App.:26(b)-(f).

-End-

-CITE-

49 USC Sec. 20502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 205 - SIGNAL SYSTEMS

-HEAD-

Sec. 20502. Requirements for installation and use

-STATUTE-

(a) Installation. - (1) When the Secretary of Transportation

decides after an investigation that it is necessary in the public

interest, the Secretary may order a railroad carrier to install, on

any part of its railroad line, a signal system that complies with

requirements of the Secretary. The order must allow the carrier a

reasonable time to complete the installation. A carrier may

discontinue or materially alter a signal system required under this

paragraph only with the approval of the Secretary.

(2) A railroad carrier ordered under paragraph (1) of this

subsection to install a signal system on one part of its railroad

line may not be held negligent for not installing the system on any

part of its line that was not included in the order. If an accident

or incident occurs on a part of the line on which the signal system

was not required to be installed and was not installed, the use of

the system on another part of the line may not be considered in a

civil action brought because of the accident or incident.

(b) Use. - A railroad carrier may allow a signal system to be

used on its railroad line only when the system, including its

controlling and operating appurtenances -

(1) may be operated safely without unnecessary risk of personal

injury; and

(2) has been inspected and can meet any test prescribed under

this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 883.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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20502(a) 49 App.:26(b). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 25(b); added

Feb. 28, 1920, ch. 91, Sec.

441, 41 Stat. 498; restated

Aug. 26, 1937, ch. 818, 50

Stat. 835; Sept. 18, 1940,

ch. 722, Sec. 14(b), 54

Stat. 919; June 22, 1988,

Pub. L. 100-342, Sec. 17(2),

(8), 102 Stat. 635, 636.

49 Oct. 15, 1966, Pub. L.

App.:1655(e)(6)(A). 89-670, Sec. 6(e)(6)(A), 80

Stat. 939.

20502(b) 49 App.:26(e). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 25(e); added

Feb. 28, 1920, ch. 91, Sec.

441, 41 Stat. 498; restated

Aug. 26, 1937, ch. 818, 50

Stat. 836; Sept. 18, 1940,

ch. 722, Sec. 14(b), 54

Stat. 919; June 22, 1988,

Pub. L. 100-342, Sec. 17(5),

102 Stat. 636.

--------------------------------------------------------------------

In this section, the words "signal system" are substituted for

"block signal system, interlocking, automatic train stop, train

control, and/or cab-signal devices, and/or other similar

appliances, methods, and systems intended to promote the safety of

railroad operation" and "such systems, devices, appliances, or

methods" in 49 App.:26(b) and "any system, device, or appliance

covered by this section" and "such apparatus" in 49 App.:26(e)

because of the definition of "signal system" in section 20501 of

the revised title.

In subsection (a)(1), the words "decides after an investigation

that it is necessary in the public interest" are substituted for

"after investigation, if found necessary in the public interest"

for clarity. The word "specifications" is omitted as included in

"requirements". The words "The order must allow the carrier a

reasonable time to complete the installation" are substituted for

"such order to be issued and published a reasonable time (as

determined by the Secretary) in advance of the date for its

fulfillment" to eliminate unnecessary words. The words "a signal

system required under this paragraph" are substituted for "That

block signal systems, interlocking, automatic train stop, train

control, and cab-signal devices in use on August 26, 1937, or such

systems or devices hereinafter installed" to eliminate unnecessary

or obsolete words and because of the definition of "signal system"

in section 20501 of the revised title.

In subsection (a)(2), the words "railroad line" are substituted

for "railroad" for consistency in the revised title. The word

"civil" is added for consistency in the revised title and with

other titles of the United States Code. The words "or incident" are

added for consistency in this part.

In subsection (b), before clause (1), the words "may allow . . .

only when" are substituted for "It shall be unlawful . . . unless .

. . unless" for clarity. In clause (1), the words "in proper

condition and" and "in the service to which it is put" are omitted

as being covered by the words of the clause. The words "risk of

personal injury" are substituted for "peril to life and limb" for

clarity. The words "from time to time" are omitted as surplus. In

clause (2), the words "prescribed under this chapter" are

substituted for "in accordance with the provisions of this section"

and "prescribed in the rules and regulations provided for in this

section" for consistency and to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 20503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 205 - SIGNAL SYSTEMS

-HEAD-

Sec. 20503. Amending regulations and changing requirements

-STATUTE-

The Secretary of Transportation may amend a regulation or change

a requirement applicable to a railroad carrier for installing,

maintaining, inspecting, or repairing a signal system under this

chapter -

(1) when the carrier files with the Secretary a request for the

amendment or change and the Secretary approves the request; or

(2) on the Secretary's own initiative for good cause shown.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 884.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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20503 49 App.:26(c). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 25(c); added

Feb. 28, 1920, ch. 91, Sec.

441, 41 Stat. 498; restated

Aug. 26, 1937, ch. 818, 50

Stat. 836; Sept. 18, 1940,

ch. 722, Sec. 14(b), 54

Stat. 919; June 22, 1988,

Pub. L. 100-342, Sec. 17(3),

(8), 102 Stat. 635, 636.

49 Oct. 15, 1966, Pub. L.

App.:1655(e)(6)(A). 89-670, Sec. 6(e)(6)(A), 80

Stat. 939.

--------------------------------------------------------------------

In this section, before clause (1), the text of 49 App.:26(c)

(words before 2d proviso) is omitted as executed. The words "The

Secretary of Transportation may amend . . . change" are substituted

for "and approved by the Secretary of Transportation" and "the

Secretary may . . . revise, amend, or modify" for clarity and to

eliminate unnecessary words. The words "regulation or . . . a

requirement applicable to a railroad carrier for installing,

maintaining, inspecting, or repairing a signal system under this

chapter" are substituted for "rules, standards, and instructions

herein provided for" and "rules, standards, and instructions

prescribed by him under this subsection" for clarity, for

consistency in the revised title, and because of the restatement.

Clause (1) is substituted for "such railroad may from time to time

change . . . but such change shall not take effect and the new

rules, standards, and instructions be enforced until they shall

have been filed with" for clarity and to eliminate unnecessary

words. The words "and as revised, amended, or modified they shall

be obligatory upon the railroad after a copy thereof shall have

been served as above provided" are omitted as being superseded by

5:ch. 5, subch. II.

-End-

-CITE-

49 USC Sec. 20504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 205 - SIGNAL SYSTEMS

-HEAD-

Sec. 20504. Inspection, testing, and investigation

-STATUTE-

(a) Systems in Use. - (1) The Secretary of Transportation may -

(A) inspect and test a signal system used by a railroad

carrier; and

(B) decide whether the system is in safe operating condition.

(2) In carrying out this subsection, the Secretary may employ

only an individual who -

(A) has no interest in a patented article required to be used

on or with a signal system; and

(B) has no financial interest in a railroad carrier or in a

concern dealing in railroad supplies.

(b) Systems Submitted for Investigation and Testing. - The

Secretary may investigate, test, and report on the use of and need

for a signal system, without cost to the United States Government,

when the system is submitted in completed shape for investigation

and testing.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 884.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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20504(a) 49 App.:26(d). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 25(d); added

Feb. 28, 1920, ch. 91, Sec.

441, 41 Stat. 498; restated

Aug. 26, 1937, ch. 818, 50

Stat. 836; Sept. 18, 1940,

ch. 722, Sec. 14(b), 54

Stat. 919; June 22, 1988,

Pub. L. 100-342, Sec. 17(4),

(8), 102 Stat. 635, 636.

49 Oct. 15, 1966, Pub. L.

App.:1655(e)(6)(A). 89-670, Sec. 6(e)(1)(I),

(6)(A), 80 Stat. 939.

20504(b) 45:36. May 27, 1908, ch. 200, Sec.

1 (1st complete par. on p.

325), 35 Stat. 325.

49

App.:1655(e)(1)(I).

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In subsection (a)(1)(B), the words "safe operating condition" are

substituted for "proper condition to operate and provide adequate

safety" to eliminate unnecessary words.

In subsection (a)(2), before clause (A), the text of 49:26(d) (2d

sentence) is omitted because of 5:3101. The text of 49:26(d) (3d

sentence) is omitted because of 5:ch. 33. The words "In carrying

out this subsection, the Secretary may employ" are substituted for

"shall be used for such purpose" for clarity. In clause (A), the

words "either directly or indirectly" are omitted as surplus.

In subsection (b), the word "experimentally" is omitted as

surplus. The words "signal system" are substituted for "any

appliances or systems intended to promote the safety of railway

operation" because of the definition of "signal system" in section

20501 of the revised title. The text of 45:36 (last sentence) is

omitted because of 49:323.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 501 of this title.

-End-

-CITE-

49 USC Sec. 20505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 205 - SIGNAL SYSTEMS

-HEAD-

Sec. 20505. Reports of malfunctions and accidents

-STATUTE-

In the way and to the extent required by the Secretary of

Transportation, a railroad carrier shall report to the Secretary a

failure of a signal system to function as intended. If the failure

results in an accident or incident causing injury to an individual

or property that is required to be reported under regulations

prescribed by the Secretary, the carrier owning or maintaining the

signal system shall report to the Secretary immediately in writing

the fact of the accident or incident.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 884.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20505 49 App.:26(f) Feb. 4, 1887, ch. 104, 24

(words before last Stat. 379, Sec. 25(f) (words

semicolon). before last semicolon);

added Feb. 28, 1920, ch. 91,

Sec. 441, 41 Stat. 498;

restated Aug. 26, 1937, ch.

818, 50 Stat. 836; Sept. 18,

1940, ch. 722, Sec. 14(b),

54 Stat. 919; June 22, 1988,

Pub. L. 100-342, Sec. 17(6),

(8), 102 Stat. 636.

49 Oct. 15, 1966, Pub. L.

App.:1655(e)(6)(A). 89-670, Sec. 6(e)(6)(A), 80

Stat. 939.

--------------------------------------------------------------------

The words "signal system" are substituted for "such systems,

devices, or appliances" because of the definition of "signal

system" in section 20501 of the revised title. The word "indicate"

is omitted as being included in "function". The words "or incident"

are added for consistency in this part. The word "individual" is

substituted for "person", and the word "immediately" is substituted

for "forthwith", for consistency in the revised title and with

other titles of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 20902 of this title.

-End-