Legislación
US (United States) Code. Title 49. Subtitle V: Rail Programs. Part A: Safety. Chapter 201: General
-CITE-
49 USC CHAPTER 201 - GENERAL 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
-HEAD-
CHAPTER 201 - GENERAL
-MISC1-
SUBCHAPTER I - GENERAL
Sec.
20101. Purpose.
20102. Definitions.
20103. General authority.
20104. Emergency authority.
20105. State participation.
20106. National uniformity of regulation.
20107. Inspection and investigation.
20108. Research, development, testing, and training.
20109. Employee protections.
20110. Effect on employee qualifications and collective
bargaining.
20111. Enforcement by the Secretary of Transportation.
20112. Enforcement by the Attorney General.
20113. Enforcement by the States.
20114. Judicial procedures.
20115. User fees.
[20116. Repealed.]
20117. Authorization of appropriations.
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
20131. Restricted access to rolling equipment.
20132. Visible markers for rear cars.
20133. Passenger cars.
20134. Grade crossings and railroad rights of way.
20135. Licensing or certification of locomotive operators.
20136. Automatic train control and related systems.
20137. Event recorders.
20138. Tampering with safety and operational monitoring
devices.
20139. Maintenance-of-way operations on railroad bridges.
20140. Alcohol and controlled substances testing.
20141. Power brake safety.
20142. Track safety.
20143. Locomotive visibility.
20144. Blue signal protection for on-track vehicles.
20145. Report on bridge displacement detection systems.
20146. Institute for Railroad Safety.
20147. Warning of civil liability.
20148. Railroad car visibility.
20149. Coordination with the Department of Labor.
20150. Positive train control system progress report.
20151. Railroad trespassing and vandalism prevention
strategy.
20152. Emergency notification of grade crossing problems.
20153. Audible warnings at highway-rail grade crossings.
AMENDMENTS
1995 - Pub. L. 104-66, title I, Sec. 1121(g)(2), Dec. 21, 1995,
109 Stat. 724, struck out item 20116 "Biennial report".
1994 - Pub. L. 103-440, title II, Secs. 206(b), 207(b), 210(b),
211(b), 212(b), 213(b), 214(b), 215(b), 219(b), title III, Secs.
301(b), 302(b), Nov. 2, 1994, 108 Stat. 4621-4624, 4626, 4628,
substituted "Biennial" for "Annual" in item 20116 and "cars" for
"equipment" in item 20133 and added items 20145 to 20153.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 21301, 21302, 21311 of
this title; title 45 section 54a.
-End-
-CITE-
49 USC SUBCHAPTER I - GENERAL 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
SUBCHAPTER I - GENERAL
-End-
-CITE-
49 USC Sec. 20101 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20101. Purpose
-STATUTE-
The purpose of this chapter is to promote safety in every area of
railroad operations and reduce railroad-related accidents and
incidents.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20101 45:421. Oct. 16, 1970, Pub. L.
91-458, Sec. 101, 84 Stat.
971.
--------------------------------------------------------------------
The words "The Congress declares that" are omitted as surplus.
The words "accidents and incidents" are substituted for "accidents"
for consistency with the source provisions restated in section
20105(b)(1)(B) of the revised title. The words "and to reduce
deaths and injuries to persons and to reduce damage to property
caused by accidents involving any carrier of hazardous materials"
are omitted as obsolete because they applied to 49 App.:1761 and
1762, that were repealed by section 113(g) of the Hazardous
Materials Transportation Act (Public Law 93-633, 88 Stat. 2163).
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-134, Sec. 1(a), Dec. 2, 1997, 111 Stat. 2570,
provided that: "This Act [enacting section 28103 of this title,
amending sections 24101, 24102, 24104, 24301 to 24307, 24309,
24312, 24315, 24701, 24706, 24902, and 24904 of this title, section
8G of the Inspector General Act of 1978, Pub. L. 95-452, set out in
the Appendix to Title 5, Government Organization and Employees, and
section 9101 of Title 31, Money and Finance, repealing sections
24310, 24314, 24501 to 24506, 24702 to 24705, 24707, 24708, and
24903 of this title, and section 1111 of Title 45, Railroads, and
enacting provisions set out as notes under this section and
sections 24101, 24104, 24301, 24304, 24305, 24307, 24312, 24315,
24501, and 24706 of this title, section 8G of the Appendix to Title
5, and section 172 of Title 26, Internal Revenue Code] may be cited
as the 'Amtrak Reform and Accountability Act of 1997'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-440, title I, Sec. 101, Nov. 2, 1994, 108 Stat. 4615,
provided that: "This title [enacting sections 26101 to 26105 of
this title, renumbering former sections 26101 and 26102 of this
title as 28101 and 28102 of this title, respectively, and enacting
provisions set out as notes under section 26101 of this title and
section 838 of Title 45, Railroads] may be cited as the 'Swift Rail
Development Act of 1994'."
Pub. L. 103-440, title II, Sec. 201, Nov. 2, 1994, 108 Stat.
4619, provided that: "This title [enacting sections 20145 to 20151
and 21108 of this title, amending sections 103, 20103, 20111,
20116, 20117, 20133, 20142, and 21303 of this title, and enacting
provisions set out as a note under section 11504 of this title] may
be cited as the 'Federal Railroad Safety Authorization Act of
1994'."
-End-
-CITE-
49 USC Sec. 20102 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20102. Definitions
-STATUTE-
In this part -
(1) "railroad" -
(A) means any form of nonhighway ground transportation that
runs on rails or electromagnetic guideways, including -
(i) commuter or other short-haul railroad passenger service
in a metropolitan or suburban area and commuter railroad
service that was operated by the Consolidated Rail
Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect
metropolitan areas, without regard to whether those systems
use new technologies not associated with traditional
railroads; but
(B) does not include rapid transit operations in an urban
area that are not connected to the general railroad system of
transportation.
(2) "railroad carrier" means a person providing railroad
transportation.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20102(1) 45:16. Apr. 14, 1910, ch. 160, Sec.
1, 36 Stat. 298; restated
June 22, 1988, Pub. L.
100-342, Sec. 13(3)(E), 102
Stat. 632.
45:22. Feb. 17, 1911, ch. 103, Sec.
1, 36 Stat. 913; June 7,
1924, ch. 355, Sec. 1, 43
Stat. 659; restated June 22,
1988, Pub. L. 100-342, Sec.
14(1), 102 Stat. 632.
45:38 (last May 6, 1910, ch. 208, 36
sentence). Stat. 350, Sec. 1 (last
sentence); added June 22,
1988, Pub. L. 100-342, Sec.
15(1)(C), 102 Stat. 633.
45:61(a). Mar. 4, 1907, ch. 2939, Sec.
1(a), 34 Stat. 1415; Dec.
26, 1969, Pub. L. 91-169,
Sec. 1, 83 Stat. 463;
restated Nov. 2, 1978, Pub.
L. 95-574, Sec. 5, 92 Stat.
2461; June 22, 1988, Pub. L.
100-342, Sec. 16(1)(A), 102
Stat. 634.
45:61(b)(1). Mar. 4, 1907, ch. 2939, Sec.
1(b)(1), 34 Stat. 1415;
restated Dec. 26, 1969, Pub.
L. 91-169, Sec. 1, 83 Stat.
463; June 22, 1988, Pub. L.
100-342, Sec. 16(1)(B), 102
Stat. 634.
45:431(e). Oct. 16, 1970, Pub. L.
91-458, Sec. 202(e), 84
Stat. 971; restated June 22,
1988, Pub. L. 100-342, Sec.
7(a), 102 Stat. 628.
49:App.:26(a). Feb. 4, 1887, ch. 104, 24
Stat. 379, Sec. 25(a); added
Feb. 28, 1920, ch. 91, Sec.
441, 41 Stat. 498; Aug. 26,
1937, ch. 818, 50 Stat. 835;
Sept. 18, 1940, ch. 722,
Sec. 14(b), 54 Stat. 919;
restated June 22, 1988, Pub.
L. 100-342, Sec. 17(1), 102
Stat. 635.
20102(2) (no source).
--------------------------------------------------------------------
Clause (1) is substituted for the source provisions to avoid
repeating the definition of "railroad" in each chapter in this
part.
Clause (2) is added to distinguish between railroad
transportation and the entity providing railroad transportation.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 24301 of this title; title
42 sections 3771, 12181.
-End-
-CITE-
49 USC Sec. 20103 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20103. General authority
-STATUTE-
(a) Regulations and Orders. - The Secretary of Transportation, as
necessary, shall prescribe regulations and issue orders for every
area of railroad safety supplementing laws and regulations in
effect on October 16, 1970. When prescribing a security regulation
or issuing a security order that affects the safety of railroad
operations, the Secretary of Homeland Security shall consult with
the Secretary.
(b) Regulations of Practice for Proceedings. - The Secretary
shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect the
varying nature of the proceedings and include time limits for
disposition of the proceedings. The time limit for disposition of a
proceeding may not be more than 12 months after the date it begins.
(c) Consideration of Information and Standards. - In prescribing
regulations and issuing orders under this section, the Secretary
shall consider existing relevant safety information and standards.
(d) Waivers. - The Secretary may waive compliance with any part
of a regulation prescribed or order issued under this chapter if
the waiver is in the public interest and consistent with railroad
safety. The Secretary shall make public the reasons for granting
the waiver.
(e) Hearings. - The Secretary shall conduct a hearing as provided
by section 553 of title 5 when prescribing a regulation or issuing
an order under this chapter, including a regulation or order
establishing, amending, or waiving compliance with a railroad
safety regulation prescribed or order issued under this chapter. An
opportunity for an oral presentation shall be provided.
(f) Tourist Railroad Carriers. - In prescribing regulations that
pertain to railroad safety that affect tourist, historic, scenic,
or excursion railroad carriers, the Secretary of Transportation
shall take into consideration any financial, operational, or other
factors that may be unique to such railroad carriers. The Secretary
shall submit a report to Congress not later than September 30,
1995, on actions taken under this subsection.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863; Pub. L.
103-440, title II, Sec. 217, Nov. 2, 1994, 108 Stat. 4624; Pub. L.
107-296, title XVII, Sec. 1710(b), Nov. 25, 2002, 116 Stat. 2319.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20103(a) 45:431(a) (1st Oct. 16, 1970, Pub. L.
sentence cl. (1)). 91-458, Sec. 202(a) (1st
sentence cl. (1)), (b), (c),
84 Stat. 971.
20103(b) 45:431(d) Oct. 16, 1970, Pub. L.
(21st-last words). 91-458, Sec. 202(d), 84
Stat. 971; restated July 8,
1976, Pub. L. 94-348, Sec.
5(a), 90 Stat. 819.
20103(c) 45:431(d) (1st-20th
words).
20103(d) 45:431(c).
20103(e) 45:431(b).
--------------------------------------------------------------------
In this part, the word "rule" is omitted as being synonymous with
"regulation". The word "standard" is omitted as being included in
"regulation".
In subsection (a), the words "(hereafter in this subchapter
referred to as the 'Secretary')" in 45:431(a) (1st sentence cl.
(1)) are omitted as surplus because the complete name of the
Secretary of Transportation is used the first time the term appears
in a section.
In subsection (b), the words "within 180 days after July 8, 1976"
are omitted as expired. The word "prescribe" is substituted for
"take such action as may be necessary to develop and publish" for
consistency in the revised title and with other titles of the
United States Code and to eliminate unnecessary words.
In subsection (d), the words "after hearing in accordance with
subsection (b) of this section" are omitted as surplus because of
the language restated in subsection (e) of this section.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-296 inserted at end "When
prescribing a security regulation or issuing a security order that
affects the safety of railroad operations, the Secretary of
Homeland Security shall consult with the Secretary."
1994 - Subsec. (f). Pub. L. 103-440 added subsec. (f).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
REGULATIONS
Section 4(t) of Pub. L. 103-272 provided that:
"(1) Not later than March 3, 1995, the Secretary of
Transportation shall complete a regulatory proceeding to consider
prescribing regulations to improve the safety and working
conditions of locomotive cabs. The proceeding shall assess -
"(A) the adequacy of Locomotive Crashworthiness Requirements
Standard S-580, or any successor standard, adopted by the
Association of American Railroads in 1989 in improving the safety
of locomotive cabs; and
"(B) the extent to which environmental, sanitary, and other
working conditions in locomotive cabs affect productivity,
health, and the safe operation of locomotives.
"(2) Supporting Research and Analysis. - In support of the
proceeding required under paragraph (1) of this subsection, the
Secretary shall conduct research and analysis, including computer
modeling and full-scale crash testing, as appropriate, to consider
-
"(A) the costs and benefits associated with equipping
locomotives with -
"(i) braced collision posts;
"(ii) rollover protection devices;
"(iii) deflection plates;
"(iv) shatterproof windows;
"(v) readily accessible crash refuges;
"(vi) uniform sill heights;
"(vii) anticlimbers, or other equipment designed to prevent
overrides resulting from head-on locomotive collisions;
"(viii) equipment to deter post-collision entry of flammable
liquids into locomotive cabs;
"(ix) any other devices intended to provide crash protection
for occupants of locomotive cabs; and
"(x) functioning and regularly maintained sanitary
facilities; and
"(B) the effects on train crews of the presence of asbestos in
locomotive components.
"(3) Report. - If, on the basis of the proceeding required under
paragraph (1) of this subsection, the Secretary decides not to
prescribe regulations, the Secretary shall report to Congress on
the reasons for that decision."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 20104, 20135 of this
title; title 45 section 1207.
-End-
-CITE-
49 USC Sec. 20104 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20104. Emergency authority
-STATUTE-
(a) Ordering Restrictions and Prohibitions. - (1) If, through
testing, inspection, investigation, or research carried out under
this chapter, the Secretary of Transportation decides that an
unsafe condition or practice, or a combination of unsafe conditions
and practices, causes an emergency situation involving a hazard of
death or personal injury, the Secretary immediately may order
restrictions and prohibitions, without regard to section 20103(e)
of this title, that may be necessary to abate the situation.
(2) The order shall describe the condition or practice, or a
combination of conditions and practices, that causes the emergency
situation and prescribe standards and procedures for obtaining
relief from the order. This paragraph does not affect the
Secretary's discretion under this section to maintain the order in
effect for as long as the emergency situation exists.
(b) Review of Orders. - After issuing an order under this
section, the Secretary shall provide an opportunity for review of
the order under section 554 of title 5. If a petition for review is
filed and the review is not completed by the end of the 30-day
period beginning on the date the order was issued, the order stops
being effective at the end of that period unless the Secretary
decides in writing that the emergency situation still exists.
(c) Civil Actions To Compel Issuance of Orders. - An employee of
a railroad carrier engaged in interstate or foreign commerce who
may be exposed to imminent physical injury during that employment
because of the Secretary's failure, without any reasonable basis,
to issue an order under subsection (a) of this section, or the
employee's authorized representative, may bring a civil action
against the Secretary in a district court of the United States to
compel the Secretary to issue an order. The action must be brought
in the judicial district in which the emergency situation is
alleged to exist, in which that employing carrier has its principal
executive office, or for the District of Columbia. The Secretary's
failure to issue an order under subsection (a) of this section may
be reviewed only under section 706 of title 5.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20104(a) 45:432(a), (d). Oct. 16, 1970, Pub. L.
91-458, Sec. 203, 84 Stat.
972; restated Oct. 10, 1980,
Pub. L. 96-423, Sec. 3, 94
Stat. 1811.
20104(b) 45:432(b), (c).
20104(c) 45:432(e).
--------------------------------------------------------------------
In subsection (a)(1), the words "or both" are omitted as surplus.
The words "immediately may order restrictions and prohibitions . .
. that may be necessary to abate the situation" are substituted for
"may immediately issue an order . . . imposing such restrictions or
prohibitions as may be necessary to bring about the abatement of
such emergency situation" to eliminate unnecessary words.
In subsection (a)(2), the words "or a combination of conditions
and practices" are added for consistency with paragraph (1). The
words "(as determined by the Secretary)" are omitted as surplus.
The last sentence is substituted for 45:432(d) (last sentence) for
clarity.
In subsection (b), the words "the Secretary" are added for
clarity.
In subsection (c), the words "issue an order" are substituted for
"seek relief" for consistency in this section. The words "The
action must be brought in the judicial district" are substituted
for "for the judicial district" for consistency in the revised
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 20111, 20114 of this
title.
-End-
-CITE-
49 USC Sec. 20105 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20105. State participation
-STATUTE-
(a) Investigative and Surveillance Activities. - The Secretary
concerned may prescribe investigative and surveillance activities
necessary to enforce the safety regulations prescribed and orders
issued by the Secretary (!1) that apply to railroad equipment,
facilities, rolling stock, and operations in a State. The State may
participate in those activities when the safety practices for
railroad equipment, facilities, rolling stock, and operations in
the State are regulated by a State authority and the authority
submits to the Secretary concerned an annual certification as
provided in subsection (b) of this section.
(b) Annual Certification. - (1) A State authority's annual
certification must include -
(A) a certification that the authority -
(i) has regulatory jurisdiction over the safety practices for
railroad equipment, facilities, rolling stock, and operations
in the State;
(ii) was given a copy of each safety regulation prescribed
and order issued by the Secretary concerned, that applies to
the equipment, facilities, rolling stock, or operations, as of
the date of certification; and
(iii) is conducting the investigative and surveillance
activities prescribed by the Secretary concerned under
subsection (a) of this section; and
(B) a report, in the form the Secretary concerned prescribes by
regulation, that includes -
(i) the name and address of each railroad carrier subject to
the safety jurisdiction of the authority;
(ii) each accident or incident reported during the prior 12
months by a railroad carrier involving a fatality, personal
injury requiring hospitalization, or property damage of more
than $750 (or a higher amount prescribed by the Secretary
concerned), and a summary of the authority's investigation of
the cause and circumstances surrounding the accident or
incident;
(iii) the record maintenance, reporting, and inspection
practices conducted by the authority to aid the Secretary
concerned in enforcing railroad safety regulations prescribed
and orders issued by the Secretary concerned, including the
number of inspections made of railroad equipment, facilities,
rolling stock, and operations by the authority during the prior
12 months; and
(iv) other information the Secretary concerned requires.
(2) An annual certification applies to a safety regulation
prescribed or order issued after the date of the certification only
if the State authority submits an appropriate certification to
provide the necessary investigative and surveillance activities.
(3) If, after receipt of an annual certification, the Secretary
concerned decides the State authority is not complying
satisfactorily with the investigative and surveillance activities
prescribed under subsection (a) of this section, the Secretary
concerned may reject any part of the certification or take other
appropriate action to achieve adequate enforcement. The Secretary
concerned must give the authority notice and an opportunity for a
hearing before taking action under this paragraph. When the
Secretary concerned gives notice, the burden of proof is on the
authority to show that it is complying satisfactorily with the
investigative and surveillance activities prescribed by the
Secretary concerned.
(c) Agreement When Certification Not Received. - (1) If the
Secretary concerned does not receive an annual certification under
subsection (a) of this section related to any railroad equipment,
facility, rolling stock, or operation, the Secretary concerned may
make an agreement with a State authority for the authority to
provide any part of the investigative and surveillance activities
prescribed by the Secretary concerned as necessary to enforce the
safety regulations and orders applicable to the equipment,
facility, rolling stock, or operation.
(2) The Secretary concerned may terminate any part of an
agreement made under this subsection on finding that the authority
has not provided every part of the investigative and surveillance
activities to which the agreement relates. The Secretary concerned
must give the authority notice and an opportunity for a hearing
before making such a finding. The finding and termination shall be
published in the Federal Register and may not become effective for
at least 15 days after the date of publication.
(d) Agreement for Investigative and Surveillance Activities. - In
addition to providing for State participation under this section,
the Secretary concerned may make an agreement with a State to
provide investigative and surveillance activities related to the
duties under chapters 203-213 of this title (in the case of the
Secretary of Transportation) and duties under section 114 of this
title (in the case of the Secretary of Homeland Security).
(e) Payment. - On application by a State authority that has
submitted a certification under subsections (a) and (b) of this
section or made an agreement under subsection (c) or (d) of this
section, the Secretary concerned shall pay not more than 50 percent
of the cost of the personnel, equipment, and activities of the
authority needed, during the next fiscal year, to carry out a
safety program under the certification or agreement. However, the
Secretary concerned may pay an authority only when the authority
assures the Secretary concerned that it will provide the remaining
cost of the safety program and that the total State money expended
for the safety program, excluding grants of the United States
Government, will be at least as much as the average amount expended
for the fiscal years that ended June 30, 1969, and June 30, 1970.
(f) Monitoring. - The Secretary concerned may monitor State
investigative and surveillance practices and carry out other
inspections and investigations necessary to help enforce this
chapter (in the case of the Secretary of Transportation) and duties
under section 114 of this title (in the case of the Secretary of
Homeland Security).
(g) Definitions. - In this section -
(1) the term "safety" includes security; and
(2) the term "Secretary concerned" means -
(A) the Secretary of Transportation, with respect to railroad
safety matters concerning such Secretary under laws
administered by that Secretary; and
(B) the Secretary of Homeland Security, with respect to
railroad safety matters concerning such Secretary under laws
administered by that Secretary.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864; Pub. L.
107-296, title XVII, Sec. 1710(a), Nov. 25, 2002, 116 Stat. 2319.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20105(a) 45:435(a) (1st Oct. 16, 1970, Pub. L.
sentence related to 91-458, Sec. 206(a) (1st
authority for State sentence), (b), (f), 84
participation). Stat. 972, 973, 974; Nov.
16, 1990, Pub. L. 101-615,
Sec. 28(a)(1)-(3), (b), (c),
104 Stat. 3276, 3277.
20105(b) 45:435(a) (1st
(1)(A) sentence related to
contents of
certification).
20105(b) 45:435(b) (1st
(1)(B) sentence).
20105(b)(2) 45:435(f).
20105(b)(3) 45:435(b) (2d-last
sentences).
20105(c) 45:435(c). Oct. 16, 1970, Pub. L.
91-458, Sec. 206(c), (e), 84
Stat. 973, 974.
20105(d) 45:435(g). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
206(g); added Oct. 10, 1980,
Pub. L. 96-423, Sec. 4(a),
94 Stat. 1812.
20105(e) 45:435(d). Oct. 16, 1970, Pub. L.
91-458, Sec. 206(d), 84
Stat. 974; Oct. 10, 1980,
Pub. L. 96-423, Sec. 4(b),
94 Stat. 1812.
20105(f) 45:435(e).
--------------------------------------------------------------------
In subsection (a), the first sentence is added for clarity.
In subsection (b)(1)(A)(iii), the words "as necessary for the
enforcement by him of each rule, regulation, order, and standard
referred to in paragraph (2) of this subsection, as interpreted by
the Secretary" are omitted as surplus.
In subsection (b)(1)(B)(i) and (ii), the words "railroad carrier"
are substituted for "railroad" because of the definition of
"railroad carrier" in section 20102 of the revised title.
In subsection (b)(1)(B)(iii), the words "a detail of" are omitted
as surplus.
In subsection (b)(3), the text of 45:435(b) (2d sentence) and the
words "as he deems", "reasonable", and "with respect to such safety
rules, regulations, orders, and standards" are omitted as surplus.
In subsection (c)(1), the word "enforce" is substituted for
"obtain compliance with" for clarity and consistency in this
section.
In subsection (e), the words "out of funds appropriated pursuant
to this subchapter or otherwise made available", "reasonably", and
"satisfactory" are omitted as surplus. The words "will be at least
as much as the average amount expended" are substituted for "will
be maintained at a level which does not fall below the average
level of such expenditures" for clarity and to eliminate
unnecessary words.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-296, Sec. 1710(a)(2), substituted
"the Secretary concerned" for "the Secretary" in second sentence.
Pub. L. 107-296, Sec. 1710(a)(1), substituted "The Secretary
concerned" for "The Secretary of Transportation" in first sentence.
Subsecs. (b), (c). Pub. L. 107-296, Sec. 1710(a)(2), substituted
"Secretary concerned" for "Secretary" wherever appearing.
Subsec. (d). Pub. L. 107-296, Sec. 1710(a)(2), (3), substituted
"Secretary concerned" for "Secretary" and "duties under chapters
203-213 of this title (in the case of the Secretary of
Transportation) and duties under section 114 of this title (in the
case of the Secretary of Homeland Security)" for "Secretary's
duties under chapters 203-213 of this title".
Subsec. (e). Pub. L. 107-296, Sec. 1710(a)(2), substituted
"Secretary concerned" for "Secretary" wherever appearing.
Subsec. (f). Pub. L. 107-296, Sec. 1710(a)(2), (4), substituted
"Secretary concerned" for "Secretary" and "chapter (in the case of
the Secretary of Transportation) and duties under section 114 of
this title (in the case of the Secretary of Homeland Security)" for
"chapter".
Subsec. (g). Pub. L. 107-296, Sec. 1710(a)(5), added subsec. (g).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 20108, 20113, 20117 of
this title; title 45 section 54a.
-FOOTNOTE-
(!1) So in original. Probably should be "Secretary concerned".
-End-
-CITE-
49 USC Sec. 20106 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20106. National uniformity of regulation
-STATUTE-
Laws, regulations, and orders related to railroad safety and
laws, regulations, and orders related to railroad security shall be
nationally uniform to the extent practicable. A State may adopt or
continue in force a law, regulation, or order related to railroad
safety or security until the Secretary of Transportation (with
respect to railroad safety matters), or the Secretary of Homeland
Security (with respect to railroad security matters), prescribes a
regulation or issues an order covering the subject matter of the
State requirement. A State may adopt or continue in force an
additional or more stringent law, regulation, or order related to
railroad safety or security when the law, regulation, or order -
(1) is necessary to eliminate or reduce an essentially local
safety or security hazard;
(2) is not incompatible with a law, regulation, or order of the
United States Government; and
(3) does not unreasonably burden interstate commerce.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866; Pub. L.
107-296, title XVII, Sec. 1710(c), Nov. 25, 2002, 116 Stat. 2319.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20106 45:434. Oct. 16, 1970, Pub. L.
91-458, Sec. 205, 84 Stat.
972.
--------------------------------------------------------------------
In this section, before clause (1), the words "The Congress
declares that" are omitted as unnecessary. In clause (3), the word
"unreasonably" is substituted for "undue" for consistency in the
revised title and with other titles of the United States Code.
AMENDMENTS
2002 - Pub. L. 107-296, Sec. 1710(c), in introductory provisions,
in first sentence inserted "and laws, regulations, and orders
related to railroad security" after "safety", in second sentence
substituted "Transportation (with respect to railroad safety
matters), or the Secretary of Homeland Security (with respect to
railroad security matters)," for "Transportation", and in second
and third sentences inserted "or security" after "order related to
railroad safety".
Par. (1). Pub. L. 107-296, Sec. 1710(c)(2), inserted "or
security" after "safety".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 20132, 20153 of this
title.
-End-
-CITE-
49 USC Sec. 20107 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20107. Inspection and investigation
-STATUTE-
(a) General. - To carry out this part, the Secretary of
Transportation may take actions the Secretary considers necessary,
including -
(1) conduct investigations, make reports, issue subpenas,
require the production of documents, take depositions, and
prescribe recordkeeping and reporting requirements; and
(2) delegate to a public entity or qualified person the
inspection, examination, and testing of railroad equipment,
facilities, rolling stock, operations, and persons.
(b) Entry and Inspection. - In carrying out this part, an
officer, employee, or agent of the Secretary, at reasonable times
and in a reasonable way, may enter and inspect railroad equipment,
facilities, rolling stock, operations, and relevant records. When
requested, the officer, employee, or agent shall display proper
credentials. During an inspection, the officer, employee, or agent
is an employee of the United States Government under chapter 171 of
title 28.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20107(a) 45:437(a) (1st Oct. 16, 1970, Pub. L.
sentence words 91-458, Sec. 208(a) (1st
before 9th and sentence words before 9th
after 14th commas). and after 14th commas), 84
Stat. 974, 975.
45:437(d)(1) (1st Oct. 16, 1970, Pub. L.
sentence). 91-458, 84 Stat. 971, Sec.
208(d)(1) (1st sentence);
added Oct. 10, 1980, Pub. L.
96-423, Sec. 6(b), 94 Stat.
1813.
20107(b) 45:437(b). Oct. 16, 1970, Pub. L.
91-458, Sec. 208(b), 84
Stat. 975; restated Nov. 2,
1978, Pub. L. 95-574, Sec.
9, 92 Stat. 2462; Oct. 10,
1980, Pub. L. 96-423, Sec.
6(a), 94 Stat. 1813.
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "To carry out
this part, the Secretary of Transportation may" are substituted for
"In carrying out his functions under this subchapter, the Secretary
is authorized to perform . . . to carry out the provisions of this
subchapter" and "In carrying out the functions formerly vested in
the Interstate Commerce Commission and transferred to the Secretary
by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix,
the Secretary is authorized to perform any act authorized in
subsection (a) of this section . . . to carry out such transferred
functions" to eliminate unnecessary words. In clause (2), the word
"entity" is substituted for "bodies" for consistency in the revised
title and with other titles of the United States Code.
In subsection (b), the words "In carrying out this part" are
substituted for "To carry out the Secretary's responsibilities
under this subchapter and under the functions transferred by
section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix" to
eliminate unnecessary words. The word "way" is substituted for
"manner" for consistency in the revised title and with other titles
of the Code. The word "examine" is omitted as being included in
"inspect". The word "considered" is omitted as surplus.
-End-
-CITE-
49 USC Sec. 20108 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20108. Research, development, testing, and training
-STATUTE-
(a) General. - The Secretary of Transportation shall carry out,
as necessary, research, development, testing, evaluation, and
training for every area of railroad safety.
(b) Contracts. - To carry out this part, the Secretary may make
contracts for, and carry out, research, development, testing,
evaluation, and training (particularly for those areas of railroad
safety found to need prompt attention).
(c) Amounts From Non-Government Sources for Training Safety
Employees. - The Secretary may request, receive, and expend amounts
received from non-United States Government sources for expenses
incurred in training safety employees of private industry, State
and local authorities, or other public authorities, except State
rail safety inspectors participating in training under section
20105 of this title.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20108(a) 45:431(a) (1st Oct. 16, 1970, Pub. L.
sentence cl. (2)). 91-458, Secs. 202(a) (1st
sentence cl. (2)), 208(a)
(1st sentence words before
3d comma and between
9th-14th commas), 84 Stat.
971, 974.
20108(b) 45:437(a) (1st
sentence words
before 3d comma and
between 9th-14th
commas).
45:437(d)(1) (1st Oct. 16, 1970, Pub. L.
sentence). 91-458, 84 Stat. 971, Sec.
208(d)(1) (1st sentence);
added Oct. 10, 1980, Pub. L.
96-423, Sec. 6(b), 94 Stat.
1813.
20108(c) 45:444(a) (last Oct. 16, 1970, Pub. L.
sentence). 91-458, 84 Stat. 971, Sec.
214(a) (last sentence);
added Oct. 10, 1980, Pub. L.
96-423, Sec. 2, 94 Stat.
1811; Aug. 13, 1981, Pub. L.
97-35, Sec. 1195, 95 Stat.
702; Jan. 14, 1983, Pub. L.
97-468, Sec. 703, 96 Stat.
2580; restated June 22,
1988, Pub. L. 100-342, Sec.
2, 102 Stat. 624; Nov. 5,
1990, Pub. L. 101-508, Sec.
10501(b), 104 Stat.
1388-400; restated Sept. 3,
1992, Pub. L. 102-365, Sec.
12, 106 Stat. 980.
--------------------------------------------------------------------
In subsection (b), the words "To carry out this part, the
Secretary may" are substituted for "In carrying out his functions
under this subchapter, the Secretary is authorized to perform such
acts including, but not limited to . . . as he deems necessary to
carry out the provisions of this subchapter" and "In carrying out
the functions formerly vested in the Interstate Commerce Commission
and transferred to the Secretary by section 1655(e)(1), (e)(2), and
(e)(6)(A) of title 49, Appendix, the Secretary is authorized to
perform any act authorized in subsection (a) of this section that
he considers necessary to carry out such transferred functions,
including, but not limited to" to eliminate unnecessary words.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 20115 of this title.
-End-
-CITE-
49 USC Sec. 20109 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20109. Employee protections
-STATUTE-
(a) Filing Complaints and Testifying. - A railroad carrier
engaged in interstate or foreign commerce may not discharge or in
any way discriminate against an employee because the employee,
whether acting for the employee or as a representative, has -
(1) filed a complaint or brought or caused to be brought a
proceeding related to the enforcement of this part or, as
applicable to railroad safety, chapter 51 or 57 of this title; or
(2) testified or will testify in that proceeding.
(b) Refusing To Work Because of Hazardous Conditions. - (1) A
railroad carrier engaged in interstate or foreign commerce may not
discharge or in any way discriminate against an employee for
refusing to work when confronted by a hazardous condition related
to the performance of the employee's duties, if -
(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
(B) a reasonable individual in the circumstances then
confronting the employee would conclude that -
(i) the hazardous condition presents an imminent danger of
death or serious injury; and
(ii) the urgency of the situation does not allow sufficient
time to eliminate the danger through regular statutory means;
and
(C) the employee, where possible, has notified the carrier of
the hazardous condition and the intention not to perform further
work unless the condition is corrected immediately.
(2) This subsection does not apply to security personnel employed
by a carrier to protect individuals and property transported by
railroad.
(c) Dispute Resolution. - A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve
the dispute, grievance, or claim, the proceeding shall be expedited
and the dispute, grievance, or claim shall be resolved not later
than 180 days after it is filed. If the violation is a form of
discrimination that does not involve discharge, suspension, or
another action affecting pay, and no other remedy is available
under this subsection, the Board, division, delegate, or other
board of adjustment may award the employee reasonable damages,
including punitive damages, of not more than $20,000.
(d) Election of Remedies. - An employee of a railroad carrier may
not seek protection under both this section and another provision
of law for the same allegedly unlawful act of the carrier.
(e) Disclosure of Identity. - (1) Except as provided in paragraph
(2) of this subsection, or with the written consent of the
employee, the Secretary of Transportation may not disclose the name
of an employee of a railroad carrier who has provided information
about an alleged violation of this part or, as applicable to
railroad safety, chapter 51 or 57 of this title or a regulation
prescribed or order issued under any of those provisions.
(2) The Secretary shall disclose to the Attorney General the name
of an employee described in paragraph (1) of this subsection if the
matter is referred to the Attorney General for enforcement.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20109(a) 45:441(a). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
212(a)-(c)(1), (d); added
Oct. 10, 1980, Pub. L.
96-423, Sec. 10, 94 Stat.
1815.
45:441(e). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
212(e); added Oct. 10, 1980,
Pub. L. 96-423, Sec. 10, 94
Stat. 1815; Sept. 3, 1992,
Pub. L. 102-365, Sec. 5(b),
106 Stat. 975.
20109(b) 45:441(b).
20109(c) 45:441(c)(1).
45:441(c)(2). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
212(c)(2); added Oct. 10,
1980, Pub. L. 96-423, Sec.
10, 94 Stat. 1815; restated
June 22, 1988, Pub. L.
100-342, Sec. 5(a), 102
Stat. 627.
20109(d) 45:441(d).
20109(e) 45:441(e).
45:441(f). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
212(f); added June 22, 1988,
Pub. L. 100-342, Sec. 5(b),
102 Stat. 627.
--------------------------------------------------------------------
In subsections (a) and (b), the words "railroad carrier" are
substituted for "common carrier by railroad" because of the
definition of "railroad carrier" in section 20102 of the revised
title.
In subsection (a)(1), the words "under or" are omitted as
surplus.
In subsection (b)(1)(B), before subclause (i), the words "the
hazardous condition is of such a nature that" are omitted as
surplus. The word "individual" is substituted for "person" as being
more appropriate. In subclause (ii), the words "resort to" are
omitted as surplus.
In subsection (b)(1)(C), the words "his apprehension of" are
omitted as surplus.
In subsection (b)(2), the words "by a carrier . . . transported
by railroad" are substituted for "by a railroad . . . transported
by such railroad" for consistency in the revised title.
Subsection (d) is substituted for 45:441(d) for clarity and to
eliminate unnecessary words.
Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate
unnecessary words.
-End-
-CITE-
49 USC Sec. 20110 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20110. Effect on employee qualifications and collective
bargaining
-STATUTE-
This chapter does not -
(1) authorize the Secretary of Transportation to prescribe
regulations and issue orders related to qualifications of
employees, except qualifications specifically related to safety;
or
(2) prohibit the bargaining representatives of railroad
carriers and their employees from making collective bargaining
agreements under the Railway Labor Act (45 U.S.C. 151 et seq.),
including agreements related to qualifications of employees, that
are not inconsistent with regulations prescribed and orders
issued under this chapter.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20110 45:431(a) (2d, last Oct. 16, 1970, Pub. L.
sentences). 91-458, Sec. 202(a) (2d,
last sentences), 84 Stat.
971.
--------------------------------------------------------------------
In clause (2), the words "railroad carriers" are substituted for
"common carriers" for consistency in this part.
-REFTEXT-
REFERENCES IN TEXT
The Railway Labor Act, referred to in par. (2), is act May 20,
1926, ch. 347, 44 Stat. 577, as amended, which is classified
principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.
For complete classification of this Act to the Code, see section
151 of Title 45 and Tables.
-End-
-CITE-
49 USC Sec. 20111 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20111. Enforcement by the Secretary of Transportation
-STATUTE-
(a) Exclusive Authority. - The Secretary of Transportation has
exclusive authority -
(1) to impose and compromise a civil penalty for a violation of
a railroad safety regulation prescribed or order issued by the
Secretary;
(2) except as provided in section 20113 of this title, to
request an injunction for a violation of a railroad safety
regulation prescribed or order issued by the Secretary; and
(3) to recommend appropriate action be taken under section
20112(a) of this title.
(b) Compliance Orders. - The Secretary may issue an order
directing compliance with this part or with a railroad safety
regulation prescribed or order issued under this part.
(c) Orders Prohibiting Individuals From Performing
Safety-Sensitive Functions. - If an individual's violation of this
chapter or any of the laws transferred to the jurisdiction of the
Secretary of Transportation by subsection (e)(1), (2), and (6)(A)
of section 6 of the Department of Transportation Act, as in effect
on June 1, 1994, or a regulation prescribed or order issued by the
Secretary under this chapter is shown to make that individual unfit
for the performance of safety-sensitive functions, the Secretary,
after notice and opportunity for a hearing, may issue an order
prohibiting the individual from performing safety-sensitive
functions in the railroad industry for a specified period of time
or until specified conditions are met. This subsection does not
affect the Secretary's authority under section 20104 of this title
to act on an emergency basis.
(d) Regulations Requiring Reporting of Remedial Actions. - (1)
The Secretary shall prescribe regulations to require that a
railroad carrier notified by the Secretary that imposition of a
civil penalty will be recommended for a failure to comply with this
part, chapter 51 or 57 of this title, or a regulation prescribed or
order issued under any of those provisions, shall report to the
Secretary, not later than the 30th day after the end of the month
in which the notification is received -
(A) actions taken to remedy the failure; or
(B) if appropriate remedial actions cannot be taken by that
30th day, an explanation of the reasons for the delay.
(2) The Secretary -
(A) not later than June 3, 1993, shall issue a notice of a
regulatory proceeding for proposed regulations to carry out this
subsection; and
(B) not later than September 3, 1994, shall prescribe final
regulations to carry out this subsection.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868; Pub. L.
103-440, title II, Sec. 205, Nov. 2, 1994, 108 Stat. 4620.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20111(a) 45:435(a) (last Oct. 16, 1970, Pub. L.
sentence). 91-458, Sec. 206(a) (last
sentence), 84 Stat. 973;
Nov. 16, 1990, Pub. L.
101-615, Sec. 28(a)(4), 104
Stat. 3276.
20111(b) 45:437(a) (2d Oct. 16, 1970, Pub. L.
sentence). 91-458, 84 Stat. 971, Sec.
208(a) (2d sentence); added
Jan. 3, 1975, Pub. L.
93-633, Sec. 206, 88 Stat.
2166; June 22, 1988, Pub. L.
100-342, Sec. 8, 102 Stat.
628.
45:437(d)(1) (last Oct. 16, 1970, Pub. L.
sentence). 91-458, 84 Stat. 971, Sec.
208(d)(1) (last sentence);
added Oct. 10, 1980, Pub. L.
96-423, Sec. 6(b), 94 Stat.
1814.
20111(c) 45:438(f). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
209(f); added June 22, 1988,
Pub. L. 100-342, Sec.
3(a)(4), 102 Stat. 625.
20111(d) 45:437 (note). Sept. 3, 1992, Pub. L.
102-365, Sec. 3, 106 Stat.
972.
--------------------------------------------------------------------
In this section, the word "impose" is substituted for "assess"
for consistency.
In subsection (b), the word "further" is omitted as surplus.
In subsection (d), the words "this part, chapter 51 or 57 of this
title" are substituted for "the Federal railroad safety laws, as
such term is defined in section 441(e) of this title" because
45:441(e) is not restated as a definition.
-REFTEXT-
REFERENCES IN TEXT
Section 6 of the Department of Transportation Act, referred to in
subsec. (c), is section 6 of Pub. L. 89-670, which was classified
to section 1655 of former Title 49, Transportation. Section 6 was
repealed and the provisions thereof reenacted in Title 49,
Transportation, by Pub. L. 103-272, July 5, 1994, 108 Stat. 745.
For disposition of sections of former Title 49, see Table at the
beginning of Title 49.
-MISC2-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-440 inserted "this chapter or any
of the laws transferred to the jurisdiction of the Secretary of
Transportation by subsection (e)(1), (2), and (6)(A) of section 6
of the Department of Transportation Act, as in effect on June 1,
1994, or" after "individual's violation of".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 20112 of this title.
-End-
-CITE-
49 USC Sec. 20112 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20112. Enforcement by the Attorney General
-STATUTE-
(a) Civil Actions. - At the request of the Secretary of
Transportation, the Attorney General may bring a civil action in a
district court of the United States -
(1) to enjoin a violation of, or to enforce, a railroad safety
regulation prescribed or order issued by the Secretary;
(2) to collect a civil penalty imposed or an amount agreed on
in compromise under section 21301 of this title; or
(3) to enforce a subpena issued by the Secretary under this
chapter.
(b) Venue. - (1) Except as provided in paragraph (2) of this
subsection, a civil action under this section may be brought in the
judicial district in which the violation occurred or the defendant
has its principal executive office. If an action to collect a
penalty is against an individual, the action also may be brought in
the judicial district in which the individual resides.
(2) A civil action to enforce a subpena issued by the Secretary
or a compliance order issued under section 20111(b) of this title
may be brought in the judicial district in which the defendant
resides, does business, or is found.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20112(a) 45:437(a) (last Oct. 16, 1970, Pub. L.
sentence related to 91-458, 84 Stat. 971, Sec.
authority to bring 208(a) (last sentence);
actions). added June 22, 1988, Pub. L.
100-342, Sec. 8, 102 Stat.
628.
45:437(d)(2). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
208(d)(2); added Oct. 10,
1980, Pub. L. 96-423, Sec.
6(b), 94 Stat. 1814.
45:438(c) (4th Oct. 16, 1970, Pub. L.
sentence related to 91-458, Sec. 209(c) (4th
authority to bring sentence), 84 Stat. 975;
actions). Oct. 10, 1980, Pub. L.
96-423, Sec. 8(a), 94 Stat.
1814; June 22, 1988, Pub. L.
100-342, Sec. 3(a)(3)(A),
(B), 102 Stat. 624.
45:439(a) (related Oct. 16, 1970, Pub. L.
to actions by 91-458, Sec. 210(a) (related
Attorney General). to actions by Attorney
General), 84 Stat. 975; Oct.
10, 1980, Pub. L. 96-423,
Sec. 9(a), 94 Stat. 1814;
Nov. 16, 1990, Pub. L.
101-615, Sec. 28(f), 104
Stat. 3277.
20112(b)(1) 45:438(c) (4th
sentence related to
venue).
45:439(c) (related Oct. 16, 1970, Pub. L.
to actions by 91-458, 84 Stat. 971, Sec.
Attorney General). 210(c) (related to actions
by Attorney General); added
Oct. 10, 1980, Pub. L.
96-423, Sec. 9(b), 94 Stat.
1815.
20112(b)(2) 45:437(a) (last
sentence related to
venue).
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "At the request
of the Secretary of Transportation" are substituted for "at the
request of the Secretary" in 45:439(a), and are made applicable to
all of the source provisions restated in this subsection, for
clarity and consistency. The words "at the request of the
Secretary" in 45:439(a) are interpreted and restated to mean that
the Secretary's request is to the Attorney General rather than to
the district court. See H.R. Rept. No. 91-1194, 91st Cong., 2d
Sess., p. 20 (1970). The words "the Attorney General may bring a
civil action in a district court of the United States" are
substituted for "such district court shall have jurisdiction, upon
petition by the Attorney General" in 45:437(a) (last sentence),
"The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General" in 45:437(d)(2), and "The
United States district court shall . . . upon petition by the
Attorney General on behalf of the United States . . . have
jurisdiction" in 45:439(a) for clarity and consistency. It is not
necessary to restate that the district court has jurisdiction
because of 28:1331 and 1345. See also the statement of Senator
Prouty in 115 Cong. Rec. 40205 (1969) explaining that similar
language in section 110 of S. 1933, 91st Cong., 1st Sess. (the
derivative source for 45:439) would grant the Attorney General the
power to seek injunctions. Clauses (1)-(3) are substituted for the
source provisions to eliminate unnecessary words. In clause (1),
the words "subject to the provisions of rules 65(a) and (b) of the
Federal Rules of Civil Procedure" in 45:439(a) are omitted as
surplus because the Federal Rules of Civil Procedure (28 App.
U.S.C.) apply in the district court unless otherwise provided. In
clause (2), the words "or an amount agreed on in compromise" are
added for clarity.
In subsection (b)(1), the text of 45:439(c) (words before 1st
comma) is omitted because it applies only to actions brought by a
State authority. See discussion of the cross-reference in the note
for section 20113(c) of the revised title. The last sentence is
substituted for "in which the individual resides" in 45:438(c)
because of the restatement.
In subsection (b)(2), the words "compliance order issued under
section 20111(b) of this title" are substituted for "order, or
directive" because the latter words are interpreted as referring to
"orders directing compliance" in 45:437(a) (2d sentence), restated
in section 20111(b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 20111, 20113 of this
title.
-End-
-CITE-
49 USC Sec. 20113 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20113. Enforcement by the States
-STATUTE-
(a) Injunctive Relief. - If the Secretary of Transportation does
not begin a civil action under section 20112 of this title to
enjoin the violation of a railroad safety regulation prescribed or
order issued by the Secretary not later than 15 days after the date
the Secretary receives notice of the violation and a request from a
State authority participating in investigative and surveillance
activities under section 20105 of this title that the action be
brought, the authority may bring a civil action in a district court
of the United States to enjoin the violation. This subsection does
not apply if the Secretary makes an affirmative written finding
that the violation did not occur or that the action is not
necessary because of other enforcement action taken by the
Secretary related to the violation.
(b) Imposition and Collection of Civil Penalties. - If the
Secretary does not impose the applicable civil penalty for a
violation of a railroad safety regulation prescribed or order
issued by the Secretary not later than 60 days after the date of
receiving notice from a State authority participating in
investigative and surveillance activities under section 20105 of
this title, the authority may bring a civil action in a district
court of the United States to impose and collect the penalty. This
paragraph does not apply if the Secretary makes an affirmative
written finding that the violation did not occur.
(c) Venue. - A civil action under this section may be brought in
the judicial district in which the violation occurred or the
defendant has its principal executive office. However, a State
authority may not bring an action under this section outside the
State.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20113(a) 45:436(b)(1) Oct. 16, 1970, Pub. L.
(related to 91-458, Sec. 207(b), (c), 84
authority to bring Stat. 974; Nov. 2, 1978,
actions), (2). Pub. L. 95-574, Sec. 8, 92
Stat. 2461; restated Oct.
10, 1980, Pub. L. 96-423,
Sec. 5, 94 Stat. 1812.
45:439(a) (related Oct. 16, 1970, Pub. L.
to actions by 91-458, Sec. 210(a) (related
States). to actions by States), 84
Stat. 975; Oct. 10, 1980,
Pub. L. 96-423, Sec. 9(a),
94 Stat. 1814; Nov. 16,
1990, Pub. L. 101-615, Sec.
28(f), 104 Stat. 3277.
20113(b) 45:436(a)(1) Oct. 16, 1970, Pub. L.
(related to 91-458, Sec. 207(a), 84
authority to bring Stat. 974; Nov. 2, 1978,
actions), (2). Pub. L. 95-574, Sec. 8, 92
Stat. 2461; restated Oct.
10, 1980, Pub. L. 96-423,
Sec. 5, 94 Stat. 1812; Nov.
16, 1990, Pub. L. 101-615,
Sec. 28(e), 104 Stat. 3277.
20113(c) 45:436(a)(1)
(related to venue),
(b)(1) (related to
venue), (c).
45:439(c) (related Oct. 16, 1970, Pub. L.
to actions by 91-458, 84 Stat. 971, Sec.
States). 210(c) (related to actions
by States); added Oct. 10,
1980, Pub. L. 96-423, Sec.
9(b), 94 Stat. 1815.
--------------------------------------------------------------------
In subsection (a), the language about jurisdiction in 45:439(a)
(related to actions by States) is omitted for the reasons explained
in the revision note for section 20112(a) of the revised title.
In subsection (b), the word "impose" is substituted for "assess"
for consistency. The words "the authority may bring a civil action
in an appropriate district court of the United States" are
substituted for "agency may apply to the United States district
court" for consistency in the revised title and with other titles
of the United States Code. The words "included in or made
applicable to such rule, regulation, order, or standard" are
omitted as surplus.
In subsection (c), the reference to "section 207(d)" in section
210(c) of the Federal Railroad Safety Act of 1970 (Public Law
91-458, 84 Stat. 971), as added by section 9(b) of the Federal
Railroad Safety Authorization Act of 1980 (Public Law 96-423, 94
Stat. 1815), is assumed to have been intended as a reference to
section 207(c). The Federal Railroad Safety Authorization Act of
1980 was derived from S. 2730, which in turn was derived from H.R.
7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier
version of H.R. 7104 was redesignated as section 207(c) during the
legislative process and no section 207(d) was enacted. See H.R.
Rept. No. 96-1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 20111, 21301 of this
title.
-End-
-CITE-
49 USC Sec. 20114 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20114. Judicial procedures
-STATUTE-
(a) Criminal Contempt. - In a trial for criminal contempt for
violating an injunction or restraining order issued under this
chapter, the violation of which is also a violation of this
chapter, the defendant may demand a jury trial. The defendant shall
be tried as provided in rule 42(b) of the Federal Rules of Criminal
Procedure (18 App. U.S.C.).
(b) Subpenas For Witnesses. - A subpena for a witness required to
attend a district court of the United States in an action brought
under this chapter may be served in any judicial district.
(c) Review of Agency Action. - Except as provided in section
20104(c) of this title, a proceeding to review a final action of
the Secretary of Transportation under this part or, as applicable
to railroad safety, chapter 51 or 57 of this title shall be brought
in the appropriate court of appeals as provided in chapter 158 of
title 28.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20114(a) 45:439(b). Oct. 16, 1970, Pub. L.
91-458, Secs. 209(d),
210(b), 84 Stat. 975, 976.
20114(b) 45:438(d).
20114(c) 45:431(f). Oct. 16, 1970, Pub. L.
91-458, Sec. 202(f), 84
Stat. 972; restated Sept. 3,
1992, Pub. L. 102-365, Sec.
5(a)(1), 106 Stat. 975.
--------------------------------------------------------------------
In subsection (a), the words "the defendant may demand a jury
trial" are substituted for "trial shall be by the court, or, upon
demand of the accused, by a jury" to eliminate unnecessary words
and for consistency in the revised title.
In subsection (b), the words "may be served in any judicial
district" are substituted for "may run into any other district" for
clarity.
In subsection (c), the words "a final action of the Secretary"
are substituted for "Any final agency action taken by the
Secretary" to eliminate unnecessary words. The words "this part or,
as applicable to railroad safety, chapter 51 or 57 of this title"
are substituted for "this subchapter or under any of the other
Federal railroad safety laws, as defined in section 441(e) of this
title" because of the restatement. The words "is subject to
judicial review as provided in chapter 7 of title 5" are omitted as
unnecessary because 5:ch. 7 applies unless otherwise stated. The
words "by and in the manner prescribed" are omitted as surplus.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 28 section 2342.
-End-
-CITE-
49 USC Sec. 20115 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20115. User fees
-STATUTE-
(a) Schedule of Fees. - The Secretary of Transportation shall
prescribe by regulation a schedule of fees for railroad carriers
subject to this chapter. The fees -
(1) shall cover the costs of carrying out this chapter (except
section 20108(a));
(2) shall be imposed fairly on the railroad carriers, in
reasonable relationship to an appropriate combination of criteria
such as revenue ton-miles, track miles, passenger miles, or other
relevant factors; and
(3) may not be based on that part of industry revenues
attributable to a railroad carrier or class of railroad carriers.
(b) Collection Procedures. - The Secretary shall prescribe
procedures to collect the fees. The Secretary may use the services
of a department, agency, or instrumentality of the United States
Government or of a State or local authority to collect the fees,
and may reimburse the department, agency, or instrumentality a
reasonable amount for its services.
(c) Collection, Deposit, and Use. - (1) The Secretary shall
impose and collect fees under this section for each fiscal year
before the end of the fiscal year.
(2) Fees collected under this section shall be deposited in the
general fund of the Treasury as offsetting receipts. The fees may
be used, to the extent provided in advance in an appropriation law,
only to carry out this chapter.
(3) Fees prescribed under this section shall be imposed in an
amount sufficient to pay for the costs of activities under this
chapter. However, the total fees received for a fiscal year may not
be more than 105 percent of the total amount of the appropriations
for the fiscal year for activities to be financed by the fees.
(d) Annual Report. - (1) Not later than 90 days after the end of
each fiscal year in which fees are collected under this section,
the Secretary shall report to Congress on -
(A) the amount of fees collected during that fiscal year;
(B) the impact of the fees on the financial health of the
railroad industry and its competitive position relative to each
competing mode of transportation; and
(C) the total cost of Government safety activities for each
other competing mode of transportation, including any part of
that total cost defrayed by Government user fees.
(2) Not later than 90 days after submitting a report for a fiscal
year, the Secretary shall submit to Congress recommendations for
corrective legislation if the report includes a finding that -
(A) there has been an impact from the fees on the financial
health of the railroad industry or its competitive position
relative to each competing mode of transportation; or
(B) there is a significant difference in the burden of
Government user fees on the railroad industry and other competing
modes of transportation.
(e) Expiration. - This section expires on September 30, 1995.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20115(a) 45:447(a)(1), (3). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
216; added Nov. 5, 1990,
Pub. L. 101-508, Sec.
10501(a), 104 Stat. 1388-399.
20115(b) 45:447(a)(2).
20115(c) 45:447(b)-(d).
20115(d) 45:447(e).
20115(e) 45:447(f).
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "after notice and
comment" are omitted as unnecessary because of 5:553.
In subsection (c), the words "beginning on March 1, 1991" are
omitted as obsolete.
-End-
-CITE-
49 USC Sec. 20116 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
[Sec. 20116. Repealed. Pub. L. 104-66, title I, Sec. 1121(g)(1),
Dec. 21, 1995, 109 Stat. 724]
-MISC1-
Section, added Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108
Stat. 871; amended Pub. L. 103-440, title II, Sec. 206(a), Nov. 2,
1994, 108 Stat. 4620, related to biennial safety reports.
-End-
-CITE-
49 USC Sec. 20117 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 20117. Authorization of appropriations
-STATUTE-
(a) General. - (1) Not more than the following amounts may be
appropriated to the Secretary of Transportation to carry out this
chapter:
(A) $68,283,000 for the fiscal year ending September 30, 1993.
(B) $71,690,000 for the fiscal year ending September 30, 1994.
(C) $68,289,000 for fiscal year 1995.
(D) $75,112,000 for fiscal year 1996.
(E) $82,563,000 for fiscal year 1997.
(F) $90,739,000 for fiscal year 1998.
(2) Not more than $5,000,000 may be appropriated to the Secretary
for the fiscal year ending September 30, 1993, to carry out section
20105 of this title.
(b) Grade Crossing Safety. - Not more than $1,000,000 may be
appropriated to the Secretary for improvements in grade crossing
safety, except demonstration projects under section 20134(c) of
this title. Amounts appropriated under this subsection remain
available until expended.
(c) Research and Development, Automated Track Inspection, and
State Participation Grants. - Amounts appropriated under this
section for research and development, automated track inspection,
and grants under section 20105(e) of this title remain available
until expended.
(d) Minimum Available for Certain Purposes. - At least 50 percent
of the amounts appropriated to the Secretary for a fiscal year to
carry out railroad research and development programs under this
chapter or another law shall be available for safety research,
improved track inspection and information acquisition technology,
improved railroad freight transportation, and improved railroad
passenger systems.
(e) Operation Lifesaver. - In addition to amounts otherwise
authorized by law, there are authorized to be appropriated for
railroad research and development $300,000 for fiscal year 1995,
$500,000 for fiscal year 1996, and $750,000 for fiscal year 1997,
to support Operation Lifesaver, Inc.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 872; Pub. L.
103-440, title II, Secs. 202, 218, Nov. 2, 1994, 108 Stat. 4619,
4625.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20117(a)(1) 45:444(a) (1st Oct. 16, 1970, Pub. L.
sentence). 91-458, 84 Stat. 971, Sec.
214(a) (1st sentence); added
Oct. 10, 1980, Pub. L.
96-423, Sec. 2, 94 Stat.
1811; Aug. 13, 1981, Pub. L.
97-35, Sec. 1195, 95 Stat.
702; Jan. 14, 1983, Pub. L.
97-468, Sec. 703, 96 Stat.
2580; restated June 22,
1988, Pub. L. 100-342, Sec.
2, 102 Stat. 624; Nov. 5,
1990, Pub. L. 101-508, Sec.
10501(b), 104 Stat.
1388-400; restated Sept. 3,
1992, Pub. L. 102-365, Sec.
12, 106 Stat. 980.
20117(a)(2) 45:435(h). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
206(h); Nov. 16, 1990, Pub.
L. 101-615, Sec. 28(d), 104
Stat. 3277.
20117(b) 45:445(c). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
215(c); added June 22, 1988,
Pub. L. 100-342, Sec. 20,
102 Stat. 638.
20117(c) 45:444(b). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
214(b); added Oct. 10, 1980,
Pub. L. 96-423, Sec. 2, 94
Stat. 1811; Jan. 14, 1983,
Pub. L. 97-468, Sec. 703, 96
Stat. 2580; restated June
22, 1988, Pub. L. 100-342,
Sec. 2, 102 Stat. 624.
20117(d) 45:442. Nov. 2, 1978, Pub. L.
95-574, Sec. 3, 92 Stat.
2459.
--------------------------------------------------------------------
In subsection (a), references to fiscal years prior to 1993 are
omitted as obsolete.
AMENDMENTS
1994 - Subsec. (a)(1)(C) to (F). Pub. L. 103-440, Sec. 202, added
subpars. (C) to (F).
Subsec. (e). Pub. L. 103-440, Sec. 218, added subsec. (e).
-End-
-CITE-
49 USC SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-End-
-CITE-
49 USC Sec. 20131 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20131. Restricted access to rolling equipment
-STATUTE-
The Secretary of Transportation shall prescribe regulations and
issue orders that may be necessary to require that when railroad
carrier employees (except train or yard crews) assigned to inspect,
test, repair, or service rolling equipment have to work on, under,
or between that equipment, every manually operated switch,
including each crossover switch, providing access to the track on
which the equipment is located is lined against movement to that
track and secured by an effective locking device that can be
removed only by the class or craft of employees performing the
inspection, testing, repair, or service.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 872.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20131 45:431(g) (1st Oct. 16, 1970, Pub. L.
sentence cl. (1)). 91-458, 84 Stat. 971, Sec.
202(g) (1st sentence cl.
(1)); added July 8, 1976,
Pub. L. 94-348, Sec. 5(b),
90 Stat. 820.
--------------------------------------------------------------------
The words "within 180 days after July 8, 1976" are omitted as
expired.
-End-
-CITE-
49 USC Sec. 20132 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20132. Visible markers for rear cars
-STATUTE-
(a) General. - The Secretary of Transportation shall prescribe
regulations and issue orders that may be necessary to require that
-
(1) the rear car of each passenger and commuter train has at
least one highly visible marker that is lighted during darkness
and when weather conditions restrict clear visibility; and
(2) the rear car of each freight train has highly visible
markers during darkness and when weather conditions restrict
clear visibility.
(b) Preemption. - Notwithstanding section 20106 of this title,
subsection (a) of this section does not prohibit a State from
continuing in force a law, regulation, or order in effect on July
8, 1976, related to lighted markers on the rear car of a freight
train except to the extent it would cause the car to be in
violation of this section.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20132(a) 45:431(g) (1st Oct. 16, 1970, Pub. L.
sentence cls. (2), 91-458, 84 Stat. 971, Sec.
(3)). 202(g) (1st sentence cls.
(2), (3), last sentence);
added July 8, 1976, Pub. L.
94-348, Sec. 5(b), 90 Stat.
820.
20132(b) 45:431(g) (last
sentence).
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "within 180 days
after July 8, 1976" are omitted as expired.
-End-
-CITE-
49 USC Sec. 20133 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20133. Passenger cars
-STATUTE-
(a) Minimum Standards. - The Secretary of Transportation shall
prescribe regulations establishing minimum standards for the safety
of cars used by railroad carriers to transport passengers. Before
prescribing such regulations, the Secretary shall consider -
(1) the crashworthiness of the cars;
(2) interior features (including luggage restraints, seat
belts, and exposed surfaces) that may affect passenger safety;
(3) maintenance and inspection of the cars;
(4) emergency response procedures and equipment; and
(5) any operating rules and conditions that directly affect
safety not otherwise governed by regulations.
The Secretary may make applicable some or all of the standards
established under this subsection to cars existing at the time the
regulations are prescribed, as well as to new cars, and the
Secretary shall explain in the rulemaking document the basis for
making such standards applicable to existing cars.
(b) Initial and Final Regulations. - (1) The Secretary shall
prescribe initial regulations under subsection (a) within 3 years
after November 2, 1994. The initial regulations may exempt
equipment used by tourist, historic, scenic, and excursion railroad
carriers to transport passengers.
(2) The Secretary shall prescribe final regulations under
subsection (a) within 5 years after November 2, 1994.
(c) Personnel. - The Secretary may establish within the
Department of Transportation 2 additional full-time equivalent
positions beyond the number permitted under existing law to assist
with the drafting, prescribing, and implementation of regulations
under this section.
(d) Consultation. - In prescribing regulations, issuing orders,
and making amendments under this section, the Secretary may consult
with Amtrak, public authorities operating railroad passenger
service, other railroad carriers transporting passengers,
organizations of passengers, and organizations of employees. A
consultation is not subject to the Federal Advisory Committee Act
(5 U.S.C. App.), but minutes of the consultation shall be placed in
the public docket of the regulatory proceeding.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L.
103-440, title II, Sec. 215(a), Nov. 2, 1994, 108 Stat. 4623; Pub.
L. 104-287, Sec. 5(47), Oct. 11, 1996, 110 Stat. 3393.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20133(a) 45:431(h)(1)(A) Oct. 16, 1970, Pub. L.
(1st, last 91-458, 84 Stat. 971, Sec.
sentences), (B), 202(h); added Oct. 10, 1980,
(4). Pub. L. 96-423, Sec. 14, 94
Stat. 1817; Jan. 14, 1983,
Pub. L. 97-468, Sec. 702(a),
96 Stat. 2579.
20133(b) 45:431(h)(1)(A)
(2d, 3d sentences),
(2).
20133(c) 45:431(h)(3).
--------------------------------------------------------------------
In subsection (a), the words "within one year after January 14,
1983" and "initial" are omitted as obsolete. The text of
45:431(h)(1)(B) is omitted as executed. The words "after a hearing
in accordance with subsection (b) of this section" are omitted as
surplus because of section 20103(e) of the revised title.
In subsections (b) and (c), the word "subsequent" is omitted as
surplus.
In subsection (c), the word "Amtrak" is substituted for "National
Railroad Passenger Corporation" for consistency in this subtitle.
The word "regulatory" is substituted for "rulemaking" for
consistency in the revised title.
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (d),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
-MISC2-
AMENDMENTS
1996 - Subsec. (b)(1). Pub. L. 104-287, Sec. 5(47)(A),
substituted "November 2, 1994" for "the date of enactment of the
Federal Railroad Safety Authorization Act of 1994".
Subsec. (b)(2). Pub. L. 104-287, Sec. 5(47)(B), substituted
"November 2, 1994" for "such date of enactment".
1994 - Pub. L. 103-440 amended section generally, substituting
present provisions for provisions requiring the Secretary to take
administrative action to ensure that the construction, operation,
and maintenance of passenger rail equipment maximize the safety of
passengers, and providing for areas of consideration and
concentration, as well as consultation with Amtrak.
-End-
-CITE-
49 USC Sec. 20134 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20134. Grade crossings and railroad rights of way
-STATUTE-
(a) General. - To the extent practicable, the Secretary of
Transportation shall maintain a coordinated effort to develop and
carry out solutions to the railroad grade crossing problem and
measures to protect pedestrians in densely populated areas along
railroad rights of way. To carry out this subsection, the Secretary
may use the authority of the Secretary under this chapter and over
highway, traffic, and motor vehicle safety and over highway
construction.
(b) Signal Systems and Other Devices. - Not later than June 22,
1989, the Secretary shall prescribe regulations and issue orders to
ensure the safe maintenance, inspection, and testing of signal
systems and devices at railroad highway grade crossings.
(c) Demonstration Projects. - (1) The Secretary shall establish
demonstration projects to evaluate whether accidents and incidents
involving trains would be reduced by -
(A) reflective markers installed on the road surface or on a
signal post at railroad grade crossings;
(B) stop signs or yield signs installed at grade crossings; and
(C) speed bumps or rumble strips installed on the road surfaces
at the approaches to grade crossings.
(2) Not later than June 22, 1990, the Secretary shall submit a
report on the results of the demonstration projects to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L.
104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20134(a) 45:433(b). Oct. 16, 1970, Pub. L.
91-458, Sec. 204(b), 84
Stat. 972.
20134(b) 45:431(q). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Secs.
202(q), 215(a), (b); added
June 22, 1988, Pub. L.
100-342, Secs. 20, 23, 102
Stat. 638, 639; Sept. 3,
1992, Pub. L. 102-365, Sec.
2(4), 106 Stat. 972.
20134(c) 45:445(a), (b).
--------------------------------------------------------------------
In subsection (a), the words "In addition" are omitted as
surplus. The word "maintain" is substituted for "undertake" for
clarity because the effort has begun. The words "the objective of"
are omitted as surplus. The words "To carry out this section, the
Secretary may use" are added for clarity.
In subsection (b), the words "Not later than June 22, 1989" are
substituted for "within one year after June 22, 1988" for clarity.
In subsection (c)(1), before clause (A), and (2), the word
"Secretary" is substituted for "Federal Railroad Administration"
for clarity and consistency in the revised title. In this
restatement, the Secretary of Transportation carries out all laws.
However, this subsection is based on source provisions that provide
that the Federal Railroad Administration carries out the
subsection. A cross-reference to this subsection has been included
in 49:103 to preserve duties and powers under this subsection to
the Administrator of the Federal Railroad Administration.
In subsection (c)(1), before clause (A), the words "and
incidents" are added for consistency in this part.
AMENDMENTS
1996 - Subsec. (c)(2). Pub. L. 104-287 substituted "Committee on
Transportation and Infrastructure" for "Committee on Energy and
Commerce".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 103, 20117 of this title.
-End-
-CITE-
49 USC Sec. 20135 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20135. Licensing or certification of locomotive operators
-STATUTE-
(a) General. - The Secretary of Transportation shall prescribe
regulations and issue orders to establish a program requiring the
licensing or certification, after one year after the program is
established, of any operator of a locomotive.
(b) Program Requirements. - The program established under
subsection (a) of this section -
(1) shall be carried out through review and approval of each
railroad carrier's operator qualification standards;
(2) shall provide minimum training requirements;
(3) shall require comprehensive knowledge of applicable
railroad carrier operating practices and rules;
(4) except as provided in subsection (c)(1) of this section,
shall require consideration, to the extent the information is
available, of the motor vehicle driving record of each individual
seeking licensing or certification, including -
(A) any denial, cancellation, revocation, or suspension of a
motor vehicle operator's license by a State for cause within
the prior 5 years; and
(B) any conviction within the prior 5 years of an offense
described in section 30304(a)(3)(A) or (B) of this title;
(5) may require, based on the individual's driving record,
disqualification or the granting of a license or certification
conditioned on requirements the Secretary prescribes; and
(6) shall require an individual seeking a license or
certification -
(A) to request the chief driver licensing official of each
State in which the individual has held a motor vehicle
operator's license within the prior 5 years to provide
information about the individual's driving record to the
individual's employer, prospective employer, or the Secretary,
as the Secretary requires; and
(B) to make the request provided for in section 30305(b)(4)
of this title for information to be sent to the individual's
employer, prospective employer, or the Secretary, as the
Secretary requires.
(c) Waivers. - (1) The Secretary shall prescribe standards and
establish procedures for waiving subsection (b)(4) of this section
for an individual or class of individuals who the Secretary decides
are not currently unfit to operate a locomotive. However, the
Secretary may waive subsection (b)(4) for an individual or class of
individuals with a conviction, cancellation, revocation, or
suspension described in paragraph (2)(A) or (B) of this subsection
only if the individual or class, after the conviction,
cancellation, revocation, or suspension, successfully completes a
rehabilitation program established by a railroad carrier or
approved by the Secretary.
(2) If an individual, after the conviction, cancellation,
revocation, or suspension, successfully completes a rehabilitation
program established by a railroad carrier or approved by the
Secretary, the individual may not be denied a license or
certification under subsection (b)(4) of this section because of -
(A) a conviction for operating a motor vehicle when under the
influence of, or impaired by, alcohol or a controlled substance;
or
(B) the cancellation, revocation, or suspension of the
individual's motor vehicle operator's license for operating a
motor vehicle when under the influence of, or impaired by,
alcohol or a controlled substance.
(d) Opportunity for Hearing. - An individual denied a license or
certification or whose license or certification is conditioned on
requirements prescribed under subsection (b)(4) of this section
shall be entitled to a hearing under section 20103(e) of this title
to decide whether the license has been properly denied or
conditioned.
(e) Opportunity to Examine and Comment on Information. - The
Secretary, employer, or prospective employer, as appropriate, shall
make information obtained under subsection (b)(6) of this section
available to the individual. The individual shall be given an
opportunity to comment in writing about the information. Any
comment shall be included in any record or file maintained by the
Secretary, employer, or prospective employer that contains
information to which the comment is related.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 874.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20135(a) 45:431(i)(1). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(i); added June 22, 1988,
Pub. L. 100-342, Secs. 4(a),
7(b), 102 Stat. 625, 628;
Sept. 3, 1992, Pub. L.
102-365, Sec. 2(1), 106
Stat. 972.
20135(b) 45:431(i)(2).
20135(c)(1) 45:431(i)(4).
20135(c)(2) 45:431(i)(6).
20135(d) 45:431(i)(5).
20135(e) 45:431(i)(3).
--------------------------------------------------------------------
In subsection (a), the words "within 12 months after June 22,
1988" are omitted as executed. The words "including any locomotive
engineer" are omitted as surplus. The words "after one year after"
are substituted for "after the expiration of 12 months following"
to eliminate unnecessary words.
In subsection (b)(5), the word "requirements" is substituted for
"terms" for consistency in this section.
In subsection (c)(1), the words "In establishing the program
under this subsection" are omitted as surplus.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 20138 of this title.
-End-
-CITE-
49 USC Sec. 20136 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20136. Automatic train control and related systems
-STATUTE-
The Secretary of Transportation shall prescribe regulations and
issue orders to require that -
(1) an individual performing a test of an automatic train stop,
train control, or cab signal apparatus required by the Secretary
to be performed before entering territory where the apparatus
will be used shall certify in writing that the test was performed
properly; and
(2) the certification required under clause (1) of this section
shall be maintained in the same way and place as the daily
inspection report for the locomotive.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 875; Pub. L.
103-429, Sec. 6(19), Oct. 31, 1994, 108 Stat. 4379.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20136 45:431(j). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(j); added June 22, 1988,
Pub. L. 100-342, Sec. 9, 102
Stat. 628.
--------------------------------------------------------------------
The words "Within 90 days after June 22, 1988" are omitted as
expired.
PUB. L. 103-429
This amends 49:20136(2) to correct an error in the codification
enacted by section 1 of the Act of July 5, 1994 (Public Law
103-272, 108 Stat. 875).
AMENDMENTS
1994 - Par. (2). Pub. L. 103-429 substituted "section" for
"subsection".
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-429 effective July 5, 1994, see section
9 of Pub. L. 103-429, set out as a note under section 321 of this
title.
-End-
-CITE-
49 USC Sec. 20137 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20137. Event recorders
-STATUTE-
(a) Definition. - In this section, "event recorder" means a
device that -
(1) records train speed, hot box detection, throttle position,
brake application, brake operations, and any other function the
Secretary of Transportation considers necessary to record to
assist in monitoring the safety of train operation, such as time
and signal indication; and
(2) is designed to resist tampering.
(b) Regulations and Orders. - Not later than December 22, 1989,
the Secretary shall prescribe regulations and issue orders that may
be necessary to enhance safety by requiring that a train be
equipped with an event recorder not later than one year after the
regulations are prescribed and the orders are issued. However, if
the Secretary finds it is impracticable to equip trains within that
one-year period, the Secretary may extend the period to a date that
is not later than 18 months after the regulations are prescribed
and the orders are issued.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 875.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20137 45:431(m). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(m); added June 22, 1988,
Pub. L. 100-342, Sec. 10,
102 Stat. 629.
--------------------------------------------------------------------
In subsection (b), the words "Not later than December 22, 1989"
are substituted for "within 18 months after June 22, 1988" for
clarity. The words "may extend the period to a date that is not
later than 18 months after the regulations are prescribed and the
orders are issued" are substituted for "may extend the deadline for
compliance with such requirement, but in no event shall such
deadline be extended past 18 months after such rules, regulations,
orders, and standards are issued" to eliminate unnecessary words.
-End-
-CITE-
49 USC Sec. 20138 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20138. Tampering with safety and operational monitoring
devices
-STATUTE-
(a) General. - The Secretary of Transportation shall prescribe
regulations and issue orders to prohibit the willful tampering
with, or disabling of, any specified railroad safety or operational
monitoring device.
(b) Penalties. - (1) A railroad carrier operating a train on
which a safety or operational monitoring device is tampered with or
disabled in violation of a regulation prescribed or order issued
under subsection (a) of this section is liable to the United States
Government for a civil penalty under section 21301 of this title.
(2) An individual tampering with or disabling a safety or
operational monitoring device in violation of a regulation
prescribed or order issued under subsection (a) of this section, or
knowingly operating or allowing to be operated a train on which
such a device has been tampered with or disabled, is liable for
penalties established by the Secretary. The penalties may include -
(A) a civil penalty under section 21301 of this title;
(B) suspension from work; and
(C) suspension or loss of a license or certification issued
under section 20135 of this title.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20138 45:431(o). Oct 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(o); added June 22, 1988,
Pub. L. 100-342, Sec. 21,
102 Stat. 638; Sept. 3,
1992, Pub. L. 102-365, Sec.
2(3), 106 Stat. 972.
--------------------------------------------------------------------
In subsection (a), the words "within 90 days after June 22, 1988"
are omitted as expired.
In subsection (b), the words "by another person" are omitted as
surplus.
-End-
-CITE-
49 USC Sec. 20139 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20139. Maintenance-of-way operations on railroad bridges
-STATUTE-
Not later than June 22, 1989, the Secretary of Transportation
shall prescribe regulations and issue orders for the safety of
maintenance-of-way employees on railroad bridges. The Secretary at
least shall provide in those regulations standards for bridge
safety equipment, including nets, walkways, handrails, and safety
lines, and requirements for the use of vessels when work is
performed on bridges located over bodies of water.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20139 45:431(n). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(n); added June 22, 1988,
Pub. L. 100-342, Sec. 19(a),
102 Stat. 637; Sept. 3,
1992, Pub. L. 102-365, Sec.
2(2), 106 Stat. 972.
--------------------------------------------------------------------
The words "Not later than June 22, 1989" are substituted for
"within one year after June 22, 1988" for clarity.
-End-
-CITE-
49 USC Sec. 20140 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20140. Alcohol and controlled substances testing
-STATUTE-
(a) Definition. - In this section, "controlled substance" means
any substance under section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the
Secretary of Transportation.
(b) General. - (1) In the interest of safety, the Secretary of
Transportation shall prescribe regulations and issue orders, not
later than October 28, 1992, related to alcohol and controlled
substances use in railroad operations. The regulations shall
establish a program requiring -
(A) a railroad carrier to conduct preemployment, reasonable
suspicion, random, and post-accident testing of all railroad
employees responsible for safety-sensitive functions (as decided
by the Secretary) for the use of a controlled substance in
violation of law or a United States Government regulation, and to
conduct reasonable suspicion, random, and post-accident testing
of such employees for the use of alcohol in violation of law or a
United States Government regulation; the regulations shall permit
such railroad carriers to conduct preemployment testing of such
employees for the use of alcohol; and
(B) when the Secretary considers it appropriate,
disqualification for an established period of time or dismissal
of any employee found -
(i) to have used or been impaired by alcohol when on duty; or
(ii) to have used a controlled substance, whether or not on
duty, except as allowed for medical purposes by law or a
regulation or order under this chapter.
(2) When the Secretary of Transportation considers it appropriate
in the interest of safety, the Secretary may prescribe regulations
and issue orders requiring railroad carriers to conduct periodic
recurring testing of railroad employees responsible for
safety-sensitive functions (as decided by the Secretary) for the
use of alcohol or a controlled substance in violation of law or a
Government regulation.
(c) Testing and Laboratory Requirements. - In carrying out this
section, the Secretary of Transportation shall develop requirements
that shall -
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human
Services scientific and technical guidelines dated April 11,
1988, and any amendments to those guidelines, including mandatory
guidelines establishing -
(A) comprehensive standards for every aspect of laboratory
controlled substances testing and laboratory procedures to be
applied in carrying out this section, including standards
requiring the use of the best available technology to ensure
the complete reliability and accuracy of controlled substances
tests and strict procedures governing the chain of custody of
specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which
individuals may be tested; and
(C) appropriate standards and procedures for periodic review
of laboratories and criteria for certification and revocation
of certification of laboratories to perform controlled
substances testing in carrying out this section;
(3) require that a laboratory involved in controlled substances
testing under this section have the capability and facility, at
the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a
controlled substance in violation of law or a Government
regulation be confirmed by a scientifically recognized method of
testing capable of providing quantitative information about
alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and
labeled in the presence of the tested individual and that a part
of the specimen be retained in a secure manner to prevent the
possibility of tampering, so that if the individual's
confirmation test results are positive the individual has an
opportunity to have the retained part tested by a 2d confirmation
test done independently at another certified laboratory if the
individual requests the 2d confirmation test not later than 3
days after being advised of the results of the first confirmation
test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including
urine and blood, through the development of regulations that may
be necessary and in consultation with the Secretary of Health and
Human Services;
(7) provide for the confidentiality of test results and medical
information (other than information about alcohol or a controlled
substance) of employees, except that this clause does not prevent
the use of test results for the orderly imposition of appropriate
sanctions under this section; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances.
(d) Rehabilitation. - The Secretary of Transportation shall
prescribe regulations or issue orders establishing requirements for
rehabilitation programs that at least provide for the
identification and opportunity for treatment of railroad employees
responsible for safety-sensitive functions (as decided by the
Secretary) in need of assistance in resolving problems with the use
of alcohol or a controlled substance in violation of law or a
Government regulation. The Secretary shall decide on the
circumstances under which employees shall be required to
participate in a program. Each railroad carrier is encouraged to
make such a program available to all of its employees in addition
to employees responsible for safety-sensitive functions. This
subsection does not prevent a railroad carrier from establishing a
program under this subsection in cooperation with another railroad
carrier.
(e) International Obligations and Foreign Laws and Regulations. -
In carrying out this section, the Secretary of Transportation -
(1) shall establish only requirements that are consistent with
international obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign
countries.
(f) Other Regulations Allowed. - This section does not prevent
the Secretary of Transportation from continuing in effect,
amending, or further supplementing a regulation prescribed or order
issued before October 28, 1991, governing the use of alcohol or a
controlled substance in railroad operations.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876; Pub. L.
104-59, title III, Sec. 342(b), Nov. 28, 1995, 109 Stat. 609.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20140(a) 45:431(r)(5). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(r); added Oct. 28, 1991,
Pub. L. 102-143, Sec. 4, 105
Stat. 957.
20140(b) 45:431(r)(1)
(1st-3d sentences).
20140(c) 45:431(r)(2).
20140(d) 45:431(r)(3).
20140(e) 45:431(r)(4).
20140(f) 45:431(r)(1) (last
sentence).
--------------------------------------------------------------------
In subsection (b)(1), before clause (A), the words "controlled
substances" are substituted for "drug" for consistency in this
section. In clauses (B) and (C), the word "found" is substituted
for "determined" for consistency in the revised title.
In subsection (c)(3), the words "of any employee" are omitted as
surplus.
In subsection (c)(4), the words "by any employee" are omitted as
surplus.
In subsection (c)(5), the word "tested" is substituted for
"assayed" for consistency. The words "2d confirmation test" are
substituted for "independent test" for clarity and consistency.
AMENDMENTS
1995 - Subsec. (b)(1)(A). Pub. L. 104-59 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "a
railroad carrier to conduct preemployment, reasonable suspicion,
random, and post-accident testing of all railroad employees
responsible for safety-sensitive functions (as decided by the
Secretary) for the use of alcohol or a controlled substance in
violation of law or a United States Government regulation; and".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5331 of this title.
-End-
-CITE-
49 USC Sec. 20141 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20141. Power brake safety
-STATUTE-
(a) Review and Revision of Existing Regulations. - The Secretary
of Transportation shall review existing regulations on railroad
power brakes and, not later than December 31, 1993, revise the
regulations based on safety information presented during the
review. Where applicable, the Secretary shall prescribe regulations
that establish standards on dynamic braking equipment.
(b) 2-Way End-of-Train Devices. - (1) The Secretary shall require
2-way end-of-train devices (or devices able to perform the same
function) on road trains, except locals, road switchers, or work
trains, to enable the initiation of emergency braking from the rear
of a train. The Secretary shall prescribe regulations as soon as
possible, but not later than December 31, 1993, requiring the 2-way
end-of-train devices. The regulations at least shall -
(A) establish standards for the devices based on performance;
(B) prohibit a railroad carrier, on or after the date that is
one year after the regulations are prescribed, from acquiring any
end-of-train device for use on trains that is not a 2-way device
meeting the standards established under clause (A) of this
paragraph;
(C) require that the trains be equipped with 2-way end-of-train
devices meeting those standards not later than 4 years after the
regulations are prescribed; and
(D) provide that any 2-way end-of-train device acquired for use
on trains before the regulations are prescribed shall be deemed
to meet the standards.
(2) The Secretary may consider petitions to amend the regulations
prescribed under paragraph (1) of this subsection to allow the use
of alternative technologies that meet the same basic performance
requirements established by the regulations.
(3) In developing the regulations required by paragraph (1) of
this subsection, the Secretary shall consider information presented
under subsection (a) of this section.
(c) Exclusions. - The Secretary may exclude from regulations
prescribed under subsections (a) and (b) of this section any
category of trains or rail operations if the Secretary decides that
the exclusion is in the public interest and is consistent with
railroad safety. The Secretary shall make public the reasons for
the exclusion. The Secretary at least shall exclude from the
regulations prescribed under subsection (b) -
(1) trains that have manned cabooses;
(2) passenger trains with emergency brakes;
(3) trains that operate only on track that is not part of the
general railroad system;
(4) trains that do not exceed 30 miles an hour and do not
operate on heavy grades, except for any categories of trains
specifically designated by the Secretary; and
(5) trains that operate in a push mode.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 878.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20141(a) 45:431(r)(1), (2). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(r); added Sept. 3, 1992,
Pub. L. 102-365, Sec. 7, 106
Stat. 976.
20141(b) 45:431(r)(3).
20141(c) 45:431(r)(4).
--------------------------------------------------------------------
-End-
-CITE-
49 USC Sec. 20142 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20142. Track safety
-STATUTE-
(a) Review of Existing Regulations. - Not later than March 3,
1993, the Secretary of Transportation shall begin a review of
Department of Transportation regulations related to track safety
standards. The review at least shall include an evaluation of -
(1) procedures associated with maintaining and installing
continuous welded rail and its attendant structure, including
cold weather installation procedures;
(2) the need for revisions to regulations on track excepted
from track safety standards; and
(3) employee safety.
(b) Revision of Regulations. - Not later than September 1, 1995,
the Secretary shall prescribe regulations and issue orders to
revise track safety standards, considering safety information
presented during the review under subsection (a) of this section
and the report of the Comptroller General submitted under
subsection (c) of this section.
(c) Comptroller General's Study and Report. - The Comptroller
General shall study the effectiveness of the Secretary's
enforcement of track safety standards, with particular attention to
recent relevant railroad accident experience and information. Not
later than September 3, 1993, the Comptroller General shall submit
a report to Congress and the Secretary on the results of the study,
with recommendations for improving enforcement of those standards.
(d) Identification of Internal Rail Defects. - In carrying out
subsections (a) and (b), the Secretary shall consider whether or
not to prescribe regulations and issue orders concerning -
(1) inspection procedures to identify internal rail defects,
before they reach imminent failure size, in rail that has
significant shelling; and
(2) any specific actions that should be taken when a rail
surface condition, such as shelling, prevents the identification
of internal defects.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 879; Pub. L.
103-440, title II, Sec. 208, Nov. 2, 1994, 108 Stat. 4621.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20142(a) 45:431(s)(1) (1st Oct. 16, 1970, Pub. L.
sentence), (2). 91-458, 84 Stat. 971, Sec.
202(s); added Sept. 3, 1992,
Pub. L. 102-365, Sec. 8, 106
Stat. 976.
20142(b) 45:431(s)(1) (last
sentence).
20142(c) 45:431(s)(3).
--------------------------------------------------------------------
In subsection (c), the word "information" is substituted for
"data" for consistency in the revised title.
AMENDMENTS
1994 - Subsec. (a)(1). Pub. L. 103-440, Sec. 208(2), inserted ",
including cold weather installation procedures" after "attendant
structure".
Subsec. (b). Pub. L. 103-440, Sec. 208(1), substituted "September
1, 1995" for "September 3, 1994".
Subsec. (d). Pub. L. 103-440, Sec. 208(3), added subsec. (d).
-End-
-CITE-
49 USC Sec. 20143 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20143. Locomotive visibility
-STATUTE-
(a) Definition. - In this section, "locomotive visibility" means
the enhancement of day and night visibility of the front end unit
of a train, considering in particular the visibility and
perspective of a driver of a motor vehicle at a grade crossing.
(b) Interim Regulations. - Not later than December 31, 1992, the
Secretary of Transportation shall prescribe temporary regulations
identifying ditch, crossing, strobe, and oscillating lights as
temporary locomotive visibility measures and authorizing and
encouraging the installation and use of those lights. Subchapter II
of chapter 5 of title 5 does not apply to a temporary regulation or
to an amendment to a temporary regulation.
(c) Review of Regulations. - The Secretary shall review the
Secretary's regulations on locomotive visibility. Not later than
December 31, 1993, the Secretary shall complete the current
research of the Department of Transportation on locomotive
visibility. In conducting the review, the Secretary shall collect
relevant information from operational experience by rail carriers
using enhanced visibility measures.
(d) Regulatory Proceeding. - Not later than June 30, 1994, the
Secretary shall begin a regulatory proceeding to prescribe final
regulations requiring substantially enhanced locomotive visibility
measures. In the proceeding, the Secretary shall consider at least
-
(1) revisions to the existing locomotive headlight standards,
including standards for placement and intensity;
(2) requiring the use of reflective material to enhance
locomotive visibility;
(3) requiring the use of additional alerting lights, including
ditch, crossing, strobe, and oscillating lights;
(4) requiring the use of auxiliary lights to enhance locomotive
visibility when viewed from the side;
(5) the effect of an enhanced visibility measure on the vision,
health, and safety of train crew members; and
(6) separate standards for self-propelled, push-pull, and
multi-unit passenger operations without a dedicated head end
locomotive.
(e) Final Regulations. - (1) Not later than June 30, 1995, the
Secretary shall prescribe final regulations requiring enhanced
locomotive visibility measures. The Secretary shall require that
not later than December 31, 1997, a locomotive not excluded from
the regulations be equipped with temporary visibility measures
under subsection (b) of this section or the visibility measures the
final regulations require.
(2) In prescribing regulations under paragraph (1) of this
subsection, the Secretary may exclude a category of trains or rail
operations from a specific visibility requirement if the Secretary
decides the exclusion is in the public interest and is consistent
with rail safety, including grade-crossing safety.
(3) A locomotive equipped with temporary visibility measures
prescribed under subsection (b) of this section when final
regulations are prescribed under paragraph (1) of this subsection
is deemed to be complying with the final regulations for 4 years
after the final regulations are prescribed.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 880.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20143(a) 45:431(u)(6). Oct. 16, 1970, Pub. L.
91-458, 84 Stat. 971, Sec.
202(u); added Oct. 27, 1992,
Pub. L. 102-533, Sec. 14,
106 Stat. 3522.
20143(b) 45:431(u)(2) (1st,
2d sentences).
20143(c) 45:431(u)(1).
20143(d) 45:431(u)(3).
20143(e)(1) 45:431(u)(5).
20143(e)(2) 45:431(u)(4).
20143(e)(3) 45:431(u)(2) (last
sentence).
--------------------------------------------------------------------
In this section, the word "visibility" is substituted for
"conspicuity" for clarity and consistency in this chapter.
In subsection (a), the words "by means of lighting, reflective
materials, or other means" are omitted as surplus.
In subsection (b), the words "those lights" are substituted for
"such measures" for clarity.
In subsection (c), the word "Secretary's" is substituted for
"Department of Transportation's" because of 49:102(b). The word
"using" is substituted for "having . . . in service" to eliminate
unnecessary words.
In subsection (e)(2) and (3) of this section, the reference is to
paragraph (1) of this subsection, rather than to subsection (d) of
this section, because the regulations are prescribed under
paragraph (1).
In subsection (e)(2), the words "a category" are substituted for
"and category" to correct an apparent mistake in the source
provision. See S. Rept. 102-990, 102d Cong., 2d Sess., p. 18
(1992).
In subsection (e)(3), the word "full" is omitted as surplus.
-End-
-CITE-
49 USC Sec. 20144 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20144. Blue signal protection for on-track vehicles
-STATUTE-
The Secretary of Transportation shall prescribe regulations
applying blue signal protection to on-track vehicles where rest is
provided.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 881.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20144 (uncodified). June 22, 1988, Pub. L.
100-342, Sec. 19(c), 102
Stat. 638.
--------------------------------------------------------------------
The words "prescribe regulations" are substituted for "within one
year after the date of the enactment of this Act, amend part 218 of
title 49, Code of Federal Regulations" because the regulations to
carry out this section have been prescribed.
-End-
-CITE-
49 USC Sec. 20145 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20145. Report on bridge displacement detection systems
-STATUTE-
Not later than 18 months after November 2, 1994, the Secretary of
Transportation shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report concerning any action that has been taken by the Secretary
on railroad bridge displacement detection systems.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 207(a), Nov. 2, 1994, 108
Stat. 4621; amended Pub. L. 104-287, Sec. 5(48), (49), Oct. 11,
1996, 110 Stat. 3393.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-287 substituted "November 2, 1994" for "the
date of enactment of the Federal Railroad Safety Authorization Act
of 1994" and "Committee on Transportation and Infrastructure" for
"Committee on Energy and Commerce".
-End-
-CITE-
49 USC Sec. 20146 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20146. Institute for Railroad Safety
-STATUTE-
The Secretary of Transportation, in conjunction with a university
or college having expertise in transportation safety, shall
establish, within one year after November 2, 1994, an Institute for
Railroad Safety. The Institute shall research, develop, fund, and
test measures for reducing the number of fatalities and injuries
relevant to railroad operations. There are authorized to be
appropriated to the Secretary $1,000,000 for each of the fiscal
years 1996 through 2000 to fund activities carried out under this
section by the Institute, which shall report at least once each
year on its use of such funds in carrying out such activities and
the results thereof to the Secretary of Transportation and the
Congress.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 210(a), Nov. 2, 1994, 108
Stat. 4621; amended Pub. L. 104-287, Sec. 5(49), Oct. 11, 1996, 110
Stat. 3393.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-287 substituted "November 2, 1994" for "the
date of enactment of the Federal Railroad Safety Authorization Act
of 1994".
-End-
-CITE-
49 USC Sec. 20147 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20147. Warning of civil liability
-STATUTE-
The Secretary of Transportation shall encourage railroad carriers
to warn the public about potential liability for violation of
regulations related to vandalism of railroad signs, devices, and
equipment and to trespassing on railroad property.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 211(a), Nov. 2, 1994, 108
Stat. 4622.)
-End-
-CITE-
49 USC Sec. 20148 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20148. Railroad car visibility
-STATUTE-
(a) Review of Rules. - The Secretary of Transportation shall
conduct a review of the Department of Transportation's rules with
respect to railroad car visibility. As part of this review, the
Secretary shall collect relevant data from operational experience
by railroads having enhanced visibility measures in service.
(b) Regulations. - If the review conducted under subsection (a)
establishes that enhanced railroad car visibility would likely
improve safety in a cost-effective manner, the Secretary shall
initiate a rulemaking proceeding to prescribe regulations requiring
enhanced visibility standards for newly manufactured and
remanufactured railroad cars. In such proceeding the Secretary
shall consider, at a minimum -
(1) visibility of railroad cars from the perspective of
nonrailroad traffic;
(2) whether certain railroad car paint colors should be
prohibited or required;
(3) the use of reflective materials;
(4) the visibility of lettering on railroad cars;
(5) the effect of any enhanced visibility measures on the
health and safety of train crew members; and
(6) the cost/benefit ratio of any new regulations.
(c) Exclusions. - In prescribing regulations under subsection
(b), the Secretary may exclude from any specific visibility
requirement any category of trains or railroad operations if the
Secretary determines that such an exclusion is in the public
interest and is consistent with railroad safety.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 212(a), Nov. 2, 1994, 108
Stat. 4622.)
-End-
-CITE-
49 USC Sec. 20149 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20149. Coordination with the Department of Labor
-STATUTE-
The Secretary of Transportation shall consult with the Secretary
of Labor on a regular basis to ensure that all applicable laws
affecting safe working conditions for railroad employees are
appropriately enforced to ensure a safe and productive working
environment for the railroad industry.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 213(a), Nov. 2, 1994, 108
Stat. 4623.)
-End-
-CITE-
49 USC Sec. 20150 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20150. Positive train control system progress report
-STATUTE-
The Secretary of Transportation shall submit a report to the
Congress on the development, deployment, and demonstration of
positive train control systems by December 31, 1995.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 214(a), Nov. 2, 1994, 108
Stat. 4623.)
-End-
-CITE-
49 USC Sec. 20151 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20151. Railroad trespassing and vandalism prevention strategy
-STATUTE-
(a) Evaluation of Existing Laws. - In consultation with affected
parties, the Secretary of Transportation shall evaluate and review
current local, State, and Federal laws regarding trespassing on
railroad property and vandalism affecting railroad safety, and
develop model prevention strategies and enforcement laws to be used
for the consideration of State and local legislatures and
governmental entities. The first such evaluation and review shall
be completed within 1 year after November 2, 1994. The Secretary
shall revise such model prevention strategies and enforcement codes
periodically.
(b) Outreach Program. - The Secretary shall develop and maintain
a comprehensive outreach program to improve communications among
Federal railroad safety inspectors, State inspectors certified by
the Federal Railroad Administration, railroad police, and State and
local law enforcement officers, for the purpose of addressing
trespassing and vandalism problems on railroad property, and
strengthening relevant enforcement strategies. This program shall
be designed to increase public and police awareness of the
illegality of, dangers inherent in, and the extent of, trespassing
on railroad rights-of-way, to develop strategies to improve the
prevention of trespassing and vandalism, and to improve the
enforcement of laws relating to railroad trespass, vandalism, and
safety.
(c) Model Legislation. - Within 18 months after November 2, 1994,
the Secretary, after consultation with State and local governments
and railroad carriers, shall develop and make available to State
and local governments model State legislation providing for -
(1) civil or criminal penalties, or both, for vandalism of
railroad equipment or property which could affect the safety of
the public or of railroad employees; and
(2) civil or criminal penalties, or both, for trespassing on a
railroad owned or leased right-of-way.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 219(a), Nov. 2, 1994, 108
Stat. 4625; amended Pub. L. 104-287, Sec. 5(49), Oct. 11, 1996, 110
Stat. 3393.)
-MISC1-
AMENDMENTS
1996 - Subsecs. (a), (c). Pub. L. 104-287 substituted "November
2, 1994" for "the date of enactment of the Federal Railroad Safety
Authorization Act of 1994".
-End-
-CITE-
49 USC Sec. 20152 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20152. Emergency notification of grade crossing problems
-STATUTE-
(a) Pilot Programs. - The Secretary of Transportation shall
conduct a pilot program to demonstrate an emergency notification
system utilizing a toll free telephone number that the public can
use to convey to railroad carriers, either directly or through
public safety personnel, information about malfunctions or other
safety problems at railroad-highway grade crossings. The pilot
program, at a minimum -
(1) shall include railroad-highway grade crossings in at least
2 States;
(2) shall include provisions for public education and awareness
of the program; and
(3) shall require information to be posted at the
railroad-highway grade crossing describing the emergency
notification system and instructions on how to use the system.
The Secretary may, by grant, provide funding for the expense of
information signs and public awareness campaigns necessary to
demonstrate the notification system.
(b) Report. - The Secretary shall complete the pilot program not
later than 24 months after November 2, 1994, and shall submit to
the Congress not later than 30 months after November 2, 1994, an
evaluation of the pilot program, together with findings as to the
effectiveness of such emergency notification systems. The report
shall compare and contrast the structure, cost, and effectiveness
of the pilot program with other emergency notification systems in
effect within other States. Such evaluation shall include analyses
of the safety benefits derived from the programs, cost
effectiveness, and the burdens on participants, including railroad
carriers and law enforcement personnel.
-SOURCE-
(Added Pub. L. 103-440, title III, Sec. 301(a), Nov. 2, 1994, 108
Stat. 4626; amended Pub. L. 104-287, Sec. 5(50), Oct. 11, 1996, 110
Stat. 3393.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-287 substituted "November 2,
1994" for "the date of enactment of this section" and "November 2,
1994, an evaluation" for "that date an evaluation".
-End-
-CITE-
49 USC Sec. 20153 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
-HEAD-
Sec. 20153. Audible warnings at highway-rail grade crossings
-STATUTE-
(a) Definitions. - As used in this section -
(1) the term "highway-rail grade crossing" includes any street
or highway crossing over a line of railroad at grade;
(2) the term "locomotive horn" refers to a train-borne audible
warning device meeting standards specified by the Secretary of
Transportation; and
(3) the term "supplementary safety measure" refers to a safety
system or procedure, provided by the appropriate traffic control
authority or law enforcement authority responsible for safety at
the highway-rail grade crossing, that is determined by the
Secretary to be an effective substitute for the locomotive horn
in the prevention of highway-rail casualties. A traffic control
arrangement that prevents careless movement over the crossing
(e.g., as where adequate median barriers prevent movement around
crossing gates extending over the full width of the lanes in the
particular direction of travel), and that conforms to standards
prescribed by the Secretary under this subsection, shall be
deemed to constitute a supplementary safety measure. The
following do not, individually or in combination, constitute
supplementary safety measures within the meaning of this
subsection: standard traffic control devices or arrangements such
as reflectorized crossbucks, stop signs, flashing lights,
flashing lights with gates that do not completely block travel
over the line of railroad, or traffic signals.
(b) Requirement. - The Secretary of Transportation shall
prescribe regulations requiring that a locomotive horn shall be
sounded while each train is approaching and entering upon each
public highway-rail grade crossing.
(c) Exception. - (1) In issuing such regulations, the Secretary
may except from the requirement to sound the locomotive horn any
categories of rail operations or categories of highway-rail grade
crossings (by train speed or other factors specified by regulation)
-
(A) that the Secretary determines not to present a significant
risk with respect to loss of life or serious personal injury;
(B) for which use of the locomotive horn as a warning measure
is impractical; or
(C) for which, in the judgment of the Secretary, supplementary
safety measures fully compensate for the absence of the warning
provided by the locomotive horn.
(2) In order to provide for safety and the quiet of communities
affected by train operations, the Secretary may specify in such
regulations that any supplementary safety measures must be applied
to all highway-rail grade crossings within a specified distance
along the railroad in order to be excepted from the requirement of
this section.
(d) Application for Waiver or Exemption. - Notwithstanding any
other provision of this subchapter, the Secretary may not entertain
an application for waiver or exemption of the regulations issued
under this section unless such application shall have been
submitted jointly by the railroad carrier owning, or controlling
operations over, the crossing and by the appropriate traffic
control authority or law enforcement authority. The Secretary shall
not grant any such application unless, in the judgment of the
Secretary, the application demonstrates that the safety of highway
users will not be diminished.
(e) Development of Supplementary Safety Measures. - (1) In order
to promote the quiet of communities affected by rail operations and
the development of innovative safety measures at highway-rail grade
crossings, the Secretary may, in connection with demonstration of
proposed new supplementary safety measures, order railroad carriers
operating over one or more crossings to cease temporarily the
sounding of locomotive horns at such crossings. Any such measures
shall have been subject to testing and evaluation and deemed
necessary by the Secretary prior to actual use in lieu of the
locomotive horn.
(2) The Secretary may include in regulations issued under this
subsection special procedures for approval of new supplementary
safety measures meeting the requirements of subsection (c)(1) of
this section following successful demonstration of those measures.
(f) Specific Rules. - The Secretary may, by regulation, provide
that the following crossings over railroad lines shall be subject,
in whole or in part, to the regulations required under this
section:
(1) Private highway-rail grade crossings.
(2) Pedestrian crossings.
(3) Crossings utilized primarily by nonmotorized vehicles and
other special vehicles.
Regulations issued under this subsection shall not apply to any
location where persons are not authorized to cross the railroad.
(g) Issuance. - The Secretary shall issue regulations required by
this section pertaining to categories of highway-rail grade
crossings that in the judgment of the Secretary pose the greatest
safety hazard to rail and highway users not later than 24 months
following November 2, 1994. The Secretary shall issue regulations
pertaining to any other categories of crossings not later than 48
months following November 2, 1994.
(h) Impact of Regulations. - The Secretary shall include in
regulations prescribed under this section a concise statement of
the impact of such regulations with respect to the operation of
section 20106 of this title (national uniformity of regulation).
(i) Regulations. - In issuing regulations under this section, the
Secretary -
(1) shall take into account the interest of communities that -
(A) have in effect restrictions on the sounding of a
locomotive horn at highway-rail grade crossings; or
(B) have not been subject to the routine (as defined by the
Secretary) sounding of a locomotive horn at highway-rail grade
crossings;
(2) shall work in partnership with affected communities to
provide technical assistance and shall provide a reasonable
amount of time for local communities to install supplementary
safety measures, taking into account local safety initiatives
(such as public awareness initiatives and highway-rail grade
crossing traffic law enforcement programs) subject to such terms
and conditions as the Secretary deems necessary, to protect
public safety; and
(3) may waive (in whole or in part) any requirement of this
section (other than a requirement of this subsection or
subsection (j)) that the Secretary determines is not likely to
contribute significantly to public safety.
(j) Effective Date of Regulations. - Any regulations under this
section shall not take effect before the 365th day following the
date of publication of the final rule.
-SOURCE-
(Added Pub. L. 103-440, title III, Sec. 302(a), Nov. 2, 1994, 108
Stat. 4626; amended Pub. L. 104-264, title XII, Sec. 1218(a), Oct.
9, 1996, 110 Stat. 3285; Pub. L. 104-287, Sec. 5(51), Oct. 11,
1996, 110 Stat. 3393.)
-MISC1-
AMENDMENTS
1996 - Subsec. (g). Pub. L. 104-287 substituted "November 2,
1994" for "the date of enactment of this section" in two places.
Subsecs. (i), (j). Pub. L. 104-264 added subsecs. (i) and (j).
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L.
104-264 applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made available for
a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
104-264, set out as a note under section 106 of this title.
-End-
Descargar
| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.