-CITE-

49 USC CHAPTER 209 - ACCIDENTS AND INCIDENTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 209 - ACCIDENTS AND INCIDENTS

-HEAD-

CHAPTER 209 - ACCIDENTS AND INCIDENTS

-MISC1-

Sec.

20901. Reports.

20902. Investigations.

20903. Reports not evidence in civil actions for damages.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

49 USC Sec. 20901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 209 - ACCIDENTS AND INCIDENTS

-HEAD-

Sec. 20901. Reports

-STATUTE-

(a) General Requirements. - Not later than 30 days after the end

of each month, a railroad carrier shall file a report with the

Secretary of Transportation on all accidents and incidents

resulting in injury or death to an individual or damage to

equipment or a roadbed arising from the carrier's operations during

the month. The report shall be under oath and shall state the

nature, cause, and circumstances of each reported accident or

incident. If a railroad carrier assigns human error as a cause, the

report shall include, at the option of each employee whose error is

alleged, a statement by the employee explaining any factors the

employee alleges contributed to the accident or incident.

(b) Monetary Threshold for Reporting. - (1) In establishing or

changing a monetary threshold for the reporting of a railroad

accident or incident, the Secretary shall base damage cost

calculations only on publicly available information obtained from -

(A) the Bureau of Labor Statistics; or

(B) another department, agency, or instrumentality of the

United States Government if the information has been collected

through objective, statistically sound survey methods or has been

previously subject to a public notice and comment process in a

proceeding of a Government department, agency, or

instrumentality.

(2) If information is not available as provided in paragraph

(1)(A) or (B) of this subsection, the Secretary may use any other

source to obtain the information. However, use of the information

shall be subject to public notice and an opportunity for written

comment.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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20901(a) 45:38 (1st May 6, 1910, ch. 208, Sec. 1

sentence). (1st sentence), 36 Stat.

350; restated Sept. 13,

1960, Pub. L. 86-762, Sec.

1, 74 Stat. 903; June 22,

1988, Pub. L. 100-342, Sec.

15(1)(A), (B), 102 Stat. 633.

45:39 (related to May 6, 1910, ch. 208, Sec. 2

time of filing (related to time of filing

report). report), 36 Stat. 351; Jan.

3, 1975, Pub. L. 93-633,

Sec. 204(b), 88 Stat. 2166;

June 22, 1988, Pub. L.

100-342, Sec. 15(2), 102

Stat. 634.

45:43a. June 22, 1988, Pub. L.

100-342, Sec. 24, 102 Stat.

639.

49 Oct. 15, 1966, Pub. L.

App.:1655(e)(1)(K). 89-670, Sec. 6(e)(1)(K), 80

Stat. 939.

20901(b) 45:38 (note). Sept. 3, 1992, Pub. L.

102-365, Sec. 15, 106 Stat.

981.

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In this section, the words "accident" and "incident" are used,

and the words "collision" and "derailment" are omitted, for

consistency in this part. The words "the general manager,

superintendent, or other proper officer of" in 45:38 are omitted as

surplus because any duty of a railroad carrier must necessarily be

carried out through its proper officers and agents. The text of

45:38 (1st sentence proviso) is omitted as executed.

In subsection (b), the words "or incident" are added for

consistency. The text of section 15(c) of the Rail Safety

Enforcement and Review Act (Pub. L. 102-365, 106 Stat. 981) is

omitted as executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20903, 21311 of this

title.

-End-

-CITE-

49 USC Sec. 20902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 209 - ACCIDENTS AND INCIDENTS

-HEAD-

Sec. 20902. Investigations

-STATUTE-

(a) General Authority. - The Secretary of Transportation, or an

impartial investigator authorized by the Secretary, may investigate

-

(1) an accident or incident resulting in serious injury to an

individual or to railroad property, occurring on the railroad

line of a railroad carrier; and

(2) an accident or incident reported under section 20505 of

this title.

(b) Other Duties and Powers. - In carrying out an investigation,

the Secretary or authorized investigator may subpena witnesses,

require the production of records, exhibits, and other evidence,

administer oaths, and take testimony. If the accident or incident

is investigated by a commission of the State in which it occurred,

the Secretary, if convenient, shall carry out the investigation at

the same time as, and in coordination with, the commission's

investigation. The railroad carrier on whose railroad line the

accident or incident occurred shall provide reasonable facilities

to the Secretary for the investigation.

(c) Reports. - When in the public interest, the Secretary shall

make a report of the investigation, stating the cause of the

accident or incident and making recommendations the Secretary

considers appropriate. The Secretary shall publish the report in a

way the Secretary considers appropriate.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 887.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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20902(a) 45:40 (1st May 6, 1910, ch. 208, Sec.

sentence, 2d 3, 36 Stat. 351; June 22,

sentence words 1988, Pub. L. 100-342, Sec.

between 1st and 2d 15(3), 102 Stat. 634.

commas).

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

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

semicolon). after last semicolon); added

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

441, 41 Stat. 498; restated

Aug. 26, 1937, ch. 818, 50

Stat. 836; Sept. 18, 1940,

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

Stat. 919.

49 Oct. 15, 1966, Pub. L.

App.:1655(e)(1)(K). 89-670, Sec. 6(e)(1)(K), 80

Stat. 939.

20902(b) 45:40 (2d sentence

less words between

1st and 2d commas).

20902(c) 45:40 (3d, last

sentences).

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

In this section, the words "accident" and "incident" are used,

and the words "collision" and "derailment" are omitted, for

consistency in this part.

Subsection (a)(2) is substituted for the text of 49 App.:26(f)

(words after last semicolon) for clarity.

In subsection (b), the words "In carrying out an investigation"

are substituted for "shall have authority to investigate such

collisions, derailments, or other accidents aforesaid, and all the

attending facts, conditions, and circumstances, and for that

purpose" to eliminate unnecessary words. The words "books, papers,

orders, memoranda" are omitted as being included in "papers". The

words "in coordination with" are substituted for "in connection

with" for clarity. The words "The railroad carrier on whose

railroad line the accident or incident occurred" are added for

clarity.

In subsection (c), the words "When in the public interest" are

substituted for "when he deems it to the public interest" to

eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 20903 of this title.

-End-

-CITE-

49 USC Sec. 20903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 209 - ACCIDENTS AND INCIDENTS

-HEAD-

Sec. 20903. Reports not evidence in civil actions for damages

-STATUTE-

No part of an accident or incident report filed by a railroad

carrier under section 20901 of this title or made by the Secretary

of Transportation under section 20902 of this title may be used in

a civil action for damages resulting from a matter mentioned in the

report.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 887.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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20903 45:41. May 6, 1910, ch. 208, Sec.

4, 36 Stat. 351.

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The words "civil action" are substituted for "suit or action" for

consistency in the revised title and with other titles of the

United States Code.

-End-