US (United States) Code. Title 49. Subtitle V: Rail programs. Part A. Chapter 207: Locomotives

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-CITE-

49 USC CHAPTER 207 - LOCOMOTIVES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 207 - LOCOMOTIVES

-HEAD-

CHAPTER 207 - LOCOMOTIVES

-MISC1-

Sec.

20701. Requirements for use.

20702. Inspections, repairs, and inspection and repair

reports.

20703. Accident reports and investigations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

title; title 31 section 3711.

-End-

-CITE-

49 USC Sec. 20701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 207 - LOCOMOTIVES

-HEAD-

Sec. 20701. Requirements for use

-STATUTE-

A railroad carrier may use or allow to be used a locomotive or

tender on its railroad line only when the locomotive or tender and

its parts and appurtenances -

(1) are in proper condition and safe to operate without

unnecessary danger of personal injury;

(2) have been inspected as required under this chapter and

regulations prescribed by the Secretary of Transportation under

this chapter; and

(3) can withstand every test prescribed by the Secretary under

this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 885.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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20701 45:23. Feb. 17, 1911, ch. 103, Sec.

2, 36 Stat. 913; Mar. 4,

1915, ch. 169, Sec. 1, 38

Stat. 1192; restated June 7,

1924, ch. 355, Sec. 2, 43

Stat. 659; June 22, 1988,

Pub. L. 100-342, Sec. 14(2),

102 Stat. 632.

45:30 (1st sentence Mar. 4, 1915, ch. 169, Sec.

related to 45:23). 2 (1st sentence related to

Sec. 2 of Act of Feb. 17,

1911), 38 Stat. 1192; Apr.

22, 1940, ch. 124, Sec. 2,

54 Stat. 148.

49 Oct. 15, 1966, Pub. L.

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

(F). (F), 80 Stat. 939.

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

In this section, before clause (1), the words "locomotive or

tender . . . locomotive or tender and its parts and appurtenances"

are substituted for "locomotive . . . locomotive, its boiler,

tender, and all parts and appurtenances thereof" in 45:23 and "the

provision of sections 22 to 29 . . . of this title as to the

equipment of locomotives shall apply to and include the entire

locomotive and tender and all their parts with the same force and

effect as it applies to locomotive boilers and their appurtenances"

in 45:30 for clarity and because of the restatement. In clause (1),

the words "in the service to which the same are put" and "in the

active service of such railroad" in 45:23 are omitted as surplus.

The words "danger of personal injury" are substituted for "peril to

life or limb" for clarity and consistency in this part. In clause

(2), the words "from time to time" are omitted as surplus. The

words "as required under this chapter and regulations prescribed by

the Secretary of Transportation under this chapter" are substituted

for "in accordance with the provisions of sections 22 to 29 and 31

to 34 of this title" for clarity and consistency. In clause (3),

the words "prescribed by the Secretary under this chapter" are

substituted for "prescribed in the rules and regulations

hereinafter provided for" for clarity and because of the

restatement.

-End-

-CITE-

49 USC Sec. 20702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 207 - LOCOMOTIVES

-HEAD-

Sec. 20702. Inspections, repairs, and inspection and repair reports

-STATUTE-

(a) General. - The Secretary of Transportation shall -

(1) become familiar, so far as practicable, with the condition

of every locomotive and tender and its parts and appurtenances;

(2) inspect every locomotive and tender and its parts and

appurtenances as necessary to carry out this chapter, but not

necessarily at stated times or at regular intervals; and

(3) ensure that every railroad carrier makes inspections of

locomotives and tenders and their parts and appurtenances as

required by regulations prescribed by the Secretary and repairs

every defect that is disclosed by an inspection before a

defective locomotive, tender, part, or appurtenance is used

again.

(b) Noncomplying Locomotives, Tenders, and Parts. - (1) When the

Secretary finds that a locomotive, tender, or locomotive or tender

part or appurtenance owned or operated by a railroad carrier does

not comply with this chapter or a regulation prescribed under this

chapter, the Secretary shall give the carrier written notice

describing any defect resulting in noncompliance. Not later than 5

days after receiving the notice of noncompliance, the carrier may

submit a written request for a reinspection. On receiving the

request, the Secretary shall provide for the reinspection by an

officer or employee of the Department of Transportation who did not

make the original inspection. The reinspection shall be made not

later than 15 days after the date the Secretary gives the notice of

noncompliance.

(2) Immediately after the reinspection is completed, the

Secretary shall give written notice to the railroad carrier stating

whether the locomotive, tender, part, or appurtenance is in

compliance. If the original finding of noncompliance is sustained,

the carrier has 30 days after receipt of the notice to file an

appeal with the Secretary. If the carrier files an appeal, the

Secretary, after providing an opportunity for a proceeding, may

revise or set aside the finding of noncompliance.

(3) A locomotive, tender, part, or appurtenance found not in

compliance under this subsection may be used only after it is -

(A) repaired to comply with this chapter and regulations

prescribed under this chapter; or

(B) found on reinspection or appeal to be in compliance.

(c) Reports. - A railroad carrier shall make and keep, in the way

the Secretary prescribes by regulation, a report of every -

(1) inspection made under regulations prescribed by the

Secretary; and

(2) repair made of a defect disclosed by such an inspection.

(d) Changes in Inspection Procedures. - A railroad carrier may

change a rule or instruction of the carrier governing the

inspection by the carrier of the locomotives and tenders and

locomotive and tender parts and appurtenances of the carrier when

the Secretary approves a request filed by the carrier to make the

change.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 885.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

20702(a) 45:29 (1st-3d Feb. 17, 1911, ch. 103, Sec.

sentences). 6, 36 Stat. 915; Apr. 22,

1940, ch. 124, Sec. 1(1)-(3)

(related to Sec. 6 of Act of

Feb. 17, 1911), 54 Stat.

148; Reorg. Plan No. 3 of

1965, eff. July 27, 1965, 79

Stat. 1320; Oct. 10, 1980,

Pub. L. 96-423, Sec. 13, 94

Stat. 1816; June 22, 1988,

Pub. L. 100-342, Sec. 14(5),

102 Stat. 633.

45:30 (1st sentence Mar. 4, 1915, ch. 169, Sec.

related to 45:29, 2 (1st sentence related to

last sentence). Secs. 5, 6 of Act of Feb.

17, 1911, last sentence), 38

Stat. 1192; Apr. 22, 1940,

ch. 124, Sec. 2, 54 Stat.

148; Reorg. Plan No. 3 of

1965, eff. July 27, 1965, 79

Stat. 1320.

49 App.:1655(e) Oct. 15, 1966, Pub. L.

(1)(E)-(G). 89-670, Sec. 6(e)(1)(E)-(G),

80 Stat. 939.

20702(b) 45:29 (6th, last

sentences).

45:30 (1st sentence

related to 45:29)

49 App.:1655(e)

(1)(E)-(G).

20702(c) 45:29 (4th, 5th

sentences).

20702(d) 45:28. Feb. 17, 1911, ch. 103, Sec.

5, 36 Stat. 914; Apr. 22,

1940, ch. 124, Sec. 1(1)-(3)

(related to Sec. 5 of Act of

Feb. 17, 1911), 54 Stat.

148; Reorg. Plan No. 3 of

1965, eff. July 27, 1965, 79

Stat. 1320; June 22, 1988,

Pub. L. 100-342, Sec. 14(4),

102 Stat. 633.

45:30 (1st sentence

related to 45:28).

49 App.:1655(e)

(1)(E)-(G).

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

In this section, the words "locomotive and tender and its parts

and appurtenances" and "locomotive, tender, or locomotive or tender

part or appurtenance" are substituted for "locomotive boiler" and

"boiler or boilers or apparatus pertaining thereto" in 45:29 and

"the provision of sections 22 to 29 . . . of this title as to the

equipment of locomotives shall apply to and include the entire

locomotive and tender and all their parts with the same force and

effect as it applies to locomotive boilers and their appurtenances"

in 45:30 for clarity and because of the restatement.

In subsection (a), before clause (1), the word "shall" is

substituted for "It shall be the duty of", "shall", and "His first

duty shall be" in 45:29 and "shall . . . and shall have the same

powers and duties with respect to all the parts and appurtenances

of the locomotive and tender that they have with respect to the

boiler of a locomotive and the appurtenances thereof" in 45:30 for

clarity and to eliminate unnecessary words. In clause (1), the

words "ordinarily housed or repaired in his district, and if any

locomotive is ordinarily housed or repaired in two or more

districts, then the director of locomotive inspection or an

assistant shall make such division between inspectors as will avoid

the necessity for duplication of work" in 45:29 are omitted as

obsolete because of Reorganization Plan No. 3 of 1965 (eff. July

27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)-(G). In clause

(2), the words "inspect . . . as necessary to carry out" are

substituted for "make such personal inspection . . . from time to

time as may be necessary to fully carry out the provisions of" in

45:29 and "inspect" in 45:30 to eliminate unnecessary words. The

words "under his care" and "as may be consistent with his other

duties" in 45:29 are omitted as obsolete because of Reorganization

Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49

App.:1655(e)(1)(E)-(G). The words "but not necessarily" are

substituted for "but he shall not be required to make such

inspections" in 45:29 to eliminate unnecessary words. In clause

(3), the words "inspections of locomotives and tenders and their

parts and appurtenances as required by regulations prescribed by

the Secretary" are substituted for "inspections in accordance with

the rules and regulations established or approved by the Secretary

of Transportation" in 45:29 and "the provision of sections 22 to 29

. . . of this title as to the equipment of locomotives shall apply

to and include the entire locomotive and tender and all their parts

with the same force and effect as it applies to locomotive boilers

and their appurtenances" in 45:30 for clarity and because of the

restatement. The words "a defective locomotive, tender, part, or

appurtenance is used again" are substituted for "the boiler or

boilers or appurtenances pertaining thereto are again put in

service" in 45:29 for consistency in this subsection. The text of

45:30 (last sentence) is omitted as obsolete because of

Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat.

1320), 49 App.:1655(e)(1)(E)-(G), and 5:ch. 33.

In subsection (b), the word "reinspection" is substituted for

"reexamination" for consistency in this chapter.

In subsection (b)(1), the words "in the performance of his duty"

in 45:29 are omitted as surplus. The words "owned or operated by a

railroad carrier" are added for clarity and because of the words

"owning or operating such locomotive" in 45:29 (last sentence). The

words "does not comply with this chapter or a regulation prescribed

under this chapter" are substituted for "not conforming to the

requirements of the law or the rules and regulations established

and approved as hereinbefore stated" in 45:29 to eliminate

unnecessary words and because of the restatement. The words

"describing any defect resulting in noncompliance" are substituted

for "that the locomotive is not in serviceable condition . . .

because of defects set out and described in said notice" for

consistency in this section and to eliminate unnecessary words. The

words "written request for a reinspection" are substituted for

"appeal . . . by telegraph or by letter to have said boiler

reexamined" for clarity and to eliminate unnecessary words. The

words "an officer or employee of the Department of Transportation"

are substituted for "one of the assistant directors of locomotive

inspection or any district inspector" because of Reorganization

Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49

App.:1655(e)(1)(E)-(G).

In subsection (b)(2), the words "Immediately after the

reinspection is completed" are substituted for "upon such

reexamination the boiler is found in serviceable condition . . .

immediately" and "but if the reexamination of said boiler sustains

the decision of the district inspector . . . at once" in 45:29 to

eliminate unnecessary words. The words "give written notice . . .

stating whether the locomotive, tender, part, or appurtenance is in

compliance" are substituted for "in writing" and "that the appeal

from the decision of the inspector is dismissed" for clarity and

consistency in this subsection. The words "after providing an

opportunity for a proceeding" are substituted for "after hearing"

as being more appropriate and for consistency in the revised title

and with other titles of the United States Code. The words "may

revise or set aside the finding of noncompliance" are substituted

for "shall have power to revise, modify, or set aside such action .

. . and declare that said locomotive is in serviceable condition

and authorize the same to be operated" to eliminate unnecessary

words.

Subsection (b)(3) is substituted for "and thereafter such boiler

shall not be used until in serviceable condition" and "whereupon

such boiler may be put into service without further delay" in 45:29

and the text of 45:29 (last proviso) for clarity and to eliminate

unnecessary words.

In subsection (c), before clause (1), the words "make and keep"

are substituted for "keep" for clarity.

Subsection (d) is substituted for the text of 45:28 (1st sentence

last proviso) and 30 (1st sentence related to 45:28) for clarity

and because of the restatement.

-End-

-CITE-

49 USC Sec. 20703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 207 - LOCOMOTIVES

-HEAD-

Sec. 20703. Accident reports and investigations

-STATUTE-

(a) Accident Reports and Scene Preservation. - When the failure

of a locomotive, tender, or locomotive or tender part or

appurtenance results in an accident or incident causing serious

personal injury or death, the railroad carrier owning or operating

the locomotive or tender -

(1) immediately shall file with the Secretary of Transportation

a written statement of the fact of the accident or incident; and

(2) when the locomotive is disabled to the extent it cannot be

operated under its own power, shall preserve intact all parts

affected by the accident or incident, if possible without

interfering with traffic, until an investigation of the accident

or incident is completed.

(b) Investigations. - The Secretary shall -

(1) investigate each accident and incident reported under

subsection (a) of this section;

(2) inspect each part affected by the accident or incident; and

(3) make a complete and detailed report on the cause of the

accident or incident.

(c) Publication and Use of Investigation Reports. - When the

Secretary considers publication to be in the public interest, the

Secretary may publish a report of an investigation made under this

section, stating the cause of the accident or incident and making

appropriate recommendations. No part of a report may be admitted

into evidence or used in a civil action for damages resulting from

a matter mentioned in the report.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 886.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

20703(a) 45:30 (1st sentence Mar. 4, 1915, ch. 169, Sec.

related to 45:32). 2 (1st sentence related to

Sec. 8 of Act of Feb. 17,

1911), 38 Stat. 1192; Apr.

22, 1940, ch. 124, Sec. 2,

54 Stat. 148; Reorg. Plan

No. 3 of 1965, eff. July 27,

1965, 79 Stat. 1320.

45:32 (1st, 3d Feb. 17, 1911, ch. 103, Sec.

sentences). 8, 36 Stat. 916; Apr. 22,

1940, ch. 124, Sec. 1(1)-(3)

(related to Sec. 8 of Act of

Feb. 17, 1911), 54 Stat.

148; Reorg. Plan No. 3 of

1965, eff. July 27, 1965, 79

Stat. 1320; June 22, 1988,

Pub. L. 100-342, Sec. 14(6),

102 Stat. 633.

49 App.:1655(e) Oct. 15, 1966, Pub. L.

(1)(E)-(G). 89-670, Sec. 6(e)(1)(E)-(G),

80 Stat. 939.

20703(b) 45:32 (2d, last

sentences).

20703(c) 45:33.

49 App.:1655(e)

(1)(E)-(G).

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

In this section, the words "or incident" and "and incident" are

added for consistency in this part.

In subsection (a), before clause (1), the words "locomotive,

tender, or locomotive or tender part or appurtenance . . . the

locomotive or tender" are substituted for "locomotive boiler or its

appurtenances . . . said locomotive" in 45:32 and the text of 45:30

(1st sentence related to 45:32) for clarity and because of the

restatement. The word "personal" is substituted for "to one or more

persons" to eliminate unnecessary words. In clause (1), the word

"immediately" is substituted for "forthwith" for consistency in

this chapter. In clause (2), the words "operated under its own

power" are substituted for "cannot be run by its own steam" for

clarity. The words "hindrance or" are omitted as being included in

"interfering". The word "investigation" is substituted for

"inspection" for consistency in this section.

In subsection (c), the words "at any time call upon the director

of locomotive inspection for a report of any accident embraced in

section 32 of this title, and upon the receipt of said report" are

omitted as obsolete because of Reorganization Plan No. 3 of 1965

(eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)-(G).

The text of 45:33 (2d sentence) is omitted as surplus. The words

"civil action" are substituted for "suit or action" for consistency

in the revised title and with other titles of the United States

Code. The words "resulting from" are substituted for "growing out

of" for clarity. The words "or investigation" are omitted as

unnecessary because of the restatement.

-End-