-CITE-

49 USC CHAPTER 203 - SAFETY APPLIANCES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

CHAPTER 203 - SAFETY APPLIANCES

-MISC1-

Sec.

20301. Definition and nonapplication.

20302. General requirements.

20303. Moving defective and insecure vehicles needing

repairs.

20304. Assumption of risk by employees.

20305. Inspection of mail cars.

20306. Exemption for technological improvements.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

title; title 31 section 3711.

-End-

-CITE-

49 USC Sec. 20301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

Sec. 20301. Definition and nonapplication

-STATUTE-

(a) Definition. - In this chapter, "vehicle" means a car,

locomotive, tender, or similar vehicle.

(b) Nonapplication. - This chapter does not apply to the

following:

(1) a train of 4-wheel coal cars.

(2) a train of 8-wheel standard logging cars if the height of

each car from the top of the rail to the center of the coupling

is not more than 25 inches.

(3) a locomotive used in hauling a train referred to in clause

(2) of this subsection when the locomotive and cars of the train

are used only to transport logs.

(4) a car, locomotive, or train used on a street railway.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 881; Pub. L.

104-287, Sec. 5(52), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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

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

Section

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

20301(a) 45:8 ("trains,

locomotives,

tenders, cars, and

similar vehicles").

45:9 (3d sentence).

20301(b) 45:6 (1st sentence Mar. 2, 1893, ch. 196, Sec.

proviso). 6 (1st sentence proviso), 27

Stat. 532; restated Apr. 1,

1896, ch. 87, 29 Stat. 85.

45:8 (words after Mar. 2, 1903, ch. 976, Sec.

16th comma). 1 (words after 23d comma),

32 Stat. 943.

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

Subsection (a) is added to avoid repeating the substance of the

definition throughout this chapter.

In subsection (b), the words before clause (1) are substituted

for "Provided, That nothing in sections 1 to 7 of this title shall

apply to" in 45:6 because 45:9, 11, and 16 provide that 45:9 and

11-16 apply to the same vehicles and trains as 45:1-7 apply to. In

clause (1), the word "coal" is added for clarity because of the

decision of the Supreme Court in Baltimore & Ohio Railway Co. v.

Jackson, 353 U.S. 325, 333 (1957) and the legislative history of

45:6 (proviso). See 24 Cong. Rec. 1477 (1893). The text of 45:8

(words after last comma) is omitted as unnecessary because of the

definition of "railroad" in section 20102 of the revised title.

PUB. L. 104-287

This amends 49:20301(b) to clarify the restatement of 45:8 by

section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat.

881).

AMENDMENTS

1996 - Subsec. (b)(4). Pub. L. 104-287 added par. (4).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

-End-

-CITE-

49 USC Sec. 20302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

Sec. 20302. General requirements

-STATUTE-

(a) General. - Except as provided in subsection (c) of this

section and section 20303 of this title, a railroad carrier may use

or allow to be used on any of its railroad lines -

(1) a vehicle only if it is equipped with -

(A) couplers coupling automatically by impact, and capable of

being uncoupled, without the necessity of individuals going

between the ends of the vehicles;

(B) secure sill steps and efficient hand brakes; and

(C) secure ladders and running boards when required by the

Secretary of Transportation, and, if ladders are required,

secure handholds or grab irons on its roof at the top of each

ladder;

(2) except as otherwise ordered by the Secretary, a vehicle

only if it is equipped with secure grab irons or handholds on its

ends and sides for greater security to individuals in coupling

and uncoupling vehicles;

(3) a vehicle only if it complies with the standard height of

drawbars required by regulations prescribed by the Secretary;

(4) a locomotive only if it is equipped with a power-driving

wheel brake and appliances for operating the train-brake system;

and

(5) a train only if -

(A) enough of the vehicles in the train are equipped with

power or train brakes so that the engineer on the locomotive

hauling the train can control the train's speed without the

necessity of brake operators using the common hand brakes for

that purpose; and

(B) at least 50 percent of the vehicles in the train are

equipped with power or train brakes and the engineer is using

the power or train brakes on those vehicles and on all other

vehicles equipped with them that are associated with those

vehicles in the train.

(b) Refusal To Receive Vehicles Not Properly Equipped. - A

railroad carrier complying with subsection (a)(5)(A) of this

section may refuse to receive from a railroad line of a connecting

railroad carrier or a shipper a vehicle that is not equipped with

power or train brakes that will work and readily interchange with

the power or train brakes in use on the vehicles of the complying

railroad carrier.

(c) Combined Vehicles Loading and Hauling Long Commodities. -

Notwithstanding subsection (a)(1)(B) of this section, when vehicles

are combined to load and haul long commodities, only one of the

vehicles must have hand brakes during the loading and hauling.

(d) Authority To Change Requirements. - The Secretary may -

(1) change the number, dimensions, locations, and manner of

application prescribed by the Secretary for safety appliances

required by subsection (a)(1)(B) and (C) and (2) of this section

only for good cause and after providing an opportunity for a full

hearing;

(2) amend regulations for installing, inspecting, maintaining,

and repairing power and train brakes only for the purpose of

achieving safety; and

(3) increase, after an opportunity for a full hearing, the

minimum percentage of vehicles in a train that are required by

subsection (a)(5)(B) of this section to be equipped and used with

power or train brakes.

(e) Services of Association of American Railroads. - In carrying

out subsection (d)(2) and (3) of this section, the Secretary may

use the services of the Association of American Railroads.

-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

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

20302(a) 45:2. Mar. 2, 1893, ch. 196, Secs.

(1)(A) 1-4, 27 Stat. 531; June 22,

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

13(1)(A)- (D), 102 Stat. 630.

45:8 (words before Mar. 2, 1903, ch. 976, Sec.

16th comma). 1 (words before 23d comma),

32 Stat. 943; June 22, 1988,

Pub. L. 100-342, Sec.

13(2)(A), 102 Stat. 631.

20302(a) 45:11 (words before Apr. 14, 1910, ch. 160, Sec.

(1)(B) proviso related to 2, 36 Stat. 298; June 22,

sill steps and hand 1988, Pub. L. 100-342, Sec.

brakes). 13(3)(A), 102 Stat. 631.

20302(a) 45:8 (words before

(1)(C) 16th comma).

45:11 (words before

proviso related to

ladders, running

boards, grab irons,

and handholds).

20302(a)(2) 45:4.

45:8 (words before

16th comma).

49 Oct. 15, 1966, Pub. L.

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

80 Stat. 939.

20302(a)(3) 45:8 (words before

16th comma).

45:12 (last Apr. 14, 1910, ch. 160, Sec.

sentence). 3 (1st sentence words before

semicolon, proviso, last

sentence), 36 Stat. 298;

June 22, 1988, Pub. L.

100-342, Sec. 13(3)(B), 102

Stat. 631.

49

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

20302(a)(4) 45:1 (related to

locomotives).

45:8 (words before

16th comma).

20302(a) 45:1 (related to

(5)(A) trains).

20302(a) 45:9 (1st sentence Mar. 2, 1903, ch. 976, Sec.

(5)(B) words before last 2 (1st sentence), 32 Stat.

semicolon). 943; Apr. 11, 1958, Pub. L.

85-375, Sec. 1(b)(1), (2),

72 Stat. 86.

45:9 (3d sentence). Mar. 2, 1903, ch. 976, 32

Stat. 943, Sec. 2 (2d-5th

sentences); added Apr. 11,

1958, Pub. L. 85-375, Sec.

1(b)(3), 72 Stat. 86; June

22, 1988, Pub. L. 100-342,

Sec. 13(2)(B), 102 Stat. 631.

20302(b) 45:3.

45:8 (words before

16th comma).

20302(c) 45:11 (proviso).

20302(d)(1) 45:12 (1st sentence

words before

semicolon).

49

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

20302(d)(2) 45:9 (2d sentence).

49

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

20302(d)(3) 45:9 (1st sentence

words after last

semicolon).

49

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

20302(e) 45:9 (4th sentence).

49

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

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

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

provided in subsection (c) of this section and section 20303 of

this title" are added to alert the reader to the exceptions

restated in subsection (c) and section 20303. The words "use or

allow to be used" are substituted for "haul or permit to be hauled

or used" in 45:2 and 11, "use" in 45:4 and 12, "use" and "run" in

45:1, "operated" and "used, hauled, or permitted to be used or

hauled" in 45:9, "using . . . running . . . hauling or permitting

to be hauled or used" in 45:6, and "used" in 45:8 for consistency

in this section and to eliminate unnecessary words. See United

States v. St. Louis Southwestern Ry. Co. of Texas, 184 F. 28, 32

(5th Cir., 1910); United States v. Chicago, M. & St. P. Ry. Co.,

149 F. 486, 488 (D.S.D. Iowa, 1906). The words "That from and after

the first day of January, eighteen hundred and ninety-eight", "That

on and after the first day of January, eighteen hundred and

ninety-eight", and "That from and after the first day of July,

eighteen hundred and ninety-five" in sections 1, 2, and 4,

respectively, of the Act of March 2, 1893 (ch. 196, 27 Stat. 531),

are omitted as obsolete. The words "a railroad carrier . . . on any

of its railroad lines" are substituted for "any railroad . . . on

its line" in 45:1, "any such railroad . . . on its line" in 45:2,

"any railroad company" in 45:4, "railroads in the Territories and

the District of Columbia . . . used on any railroad, and in the

Territories and the District of Columbia" in 45:8, "Whenever, as

provided in sections 1 to 7 of this title" and "any railroad" in

45:9, and "any railroad subject to the provisions of sections 11 to

16 of this title . . . on its line" in 45:11 for clarity, for

consistency in the revised title, to eliminate unnecessary words,

and because of the definition of "railroad carrier" in section

20102 of the revised title. See Southern Ry. Co. v. United States,

222 U.S. 20, 26 (1911). In clauses (1)-(3), the word "vehicle" is

substituted for "any car" in 45:2, "car" in 45:4, "all trains,

locomotives, tenders, cars, and similar vehicles used on . . . all

other locomotives, tenders, cars, and similar vehicles used in

connection therewith" in 45:8, and "any car subject to the

provisions of said sections . . . to wit: All cars" in 45:11, and

"any car or vehicle" in 45:12 for clarity, for consistency in the

revised title, to eliminate unnecessary words, and because of the

definition of "vehicle" in section 20301 of the revised title. In

clause (1)(A), a comma is placed after the word "uncoupled" for

clarity. See Johnson v. Southern Pacific Co., 196 U.S. 1, 18

(1904). In clause (1)(C), the words "by the Secretary of

Transportation" are added for clarity because of 45:12. In clause

(3), the words "required by regulations prescribed by the

Secretary" are substituted for "the standard now fixed or the

standard so prescribed . . . the standard so prescribed by the

Secretary" in 45:12 for clarity and to eliminate unnecessary words.

The words "Said Secretary is given authority, after hearing, to

modify or change, and to prescribe the standard height of drawbars

and to fix the time within which such modification or change shall

become effective and obligatory" are omitted as surplus because of

49:322(a). The words "and prior to the time so fixed . . . and

after the time so fixed" are omitted as surplus. In clause (4), the

word "locomotive" is substituted for "any locomotive engine" in

45:1 and "all trains, locomotives, tenders, cars, and similar

vehicles used on . . . all other locomotives, tenders, cars, and

similar vehicles used in connection therewith" in 45:8 for clarity

and to eliminate unnecessary words. In clause (5)(B), the words

"the engineer is using the power or train brakes on those vehicles

and on all other vehicles equipped with them that are associated

with those vehicles in the train" are substituted for "their brakes

used and operated by the engineer of the locomotive drawing such

train; and all power-braked cars in such train which are associated

together with said 50 per centum shall have their brakes so used

and operated" and "all . . . locomotives, tenders, cars, and

similar vehicles" for clarity and consistency in this section. The

text of section 2 (2d sentence) of the Act of March 2, 1903 (ch.

976, 32 Stat. 943), as added by section (1)(b) of the Power or

Train Brakes Safety Appliance Act of 1958 (Public Law 85-375, 72

Stat. 86), is omitted as executed.

In subsection (b), the words "A railroad carrier complying with

subsection (a)(5)(A) of this section" are substituted for "any

railroad shall have equipped a sufficient number of its cars so as

to comply with the provisions of section 1 of this title" in 45:3

and "The provisions and requirements of sections 1 to 7 of this

title shall be held to apply to railroads in the Territories and

the District of Columbia" in 45:8 for clarity, for consistency in

this section, and because of the definition of "railroad carrier"

in section 20102 of the revised title. The words "a vehicle that is

not equipped with power or train brakes that will work and readily

interchange with the power or train brakes in use on the vehicles

of the complying railroad carrier" are substituted for "any cars

not equipped sufficiently, in accordance with said section, with

such power or train brakes as will work and readily interchange

with the brakes in use on its own cars, as required by sections 1

to 7 of this title" in 45:3 for clarity and to eliminate

unnecessary words.

In subsection (c), the words "Notwithstanding subsection

(a)(1)(B) of this section" are added for clarity.

In subsection (d)(1), the words "change . . . only for . . . and

after" are substituted for "shall remain as the standards of

equipment to be used on all cars subject to the provisions of

sections 11 to 16 of this title, unless changed by an order of said

Secretary of Transportation to be made after . . . and for" for

clarity and to eliminate unnecessary words. The text of section 3

(proviso) of the Act of April 14, 1910 (ch. 160, 36 Stat. 298), is

omitted as obsolete.

In subsection (d)(2), the text of 45:9 (2d sentence words before

proviso) is omitted as executed.

In subsection (d)(3), the words "to more fully carry into effect

the objects of said sections" and "from time to time" are omitted

as surplus. The words "an opportunity for" are added for clarity

and consistency in the revised title and with other titles of the

Code. The words "equipped and used" are substituted for "operated"

for consistency in this section.

In subsection (e), the words "and may avail himself of the advice

and assistance of any department, commission, or board of the

United States Government, and of State governments" are omitted as

unnecessary because of 49:301(6) and (7) and 322(c). The words "but

no official or employee of the United States shall receive any

additional compensation for such service except as now permitted by

law" are omitted as surplus because of 5:5533.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 501, 20304 of this title.

-End-

-CITE-

49 USC Sec. 20303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

Sec. 20303. Moving defective and insecure vehicles needing repairs

-STATUTE-

(a) General. - A vehicle that is equipped in compliance with this

chapter whose equipment becomes defective or insecure nevertheless

may be moved when necessary to make repairs, without a penalty

being imposed under section 21302 of this title, from the place at

which the defect or insecurity was first discovered to the nearest

available place at which the repairs can be made -

(1) on the railroad line on which the defect or insecurity was

discovered; or

(2) at the option of a connecting railroad carrier, on the

railroad line of the connecting carrier, if not farther than the

place of repair described in clause (1) of this subsection.

(b) Use of Chains Instead of Drawbars. - A vehicle in a revenue

train or in association with commercially-used vehicles may be

moved under this section with chains instead of drawbars only when

the vehicle contains livestock or perishable freight.

(c) Liability. - The movement of a vehicle under this section is

at the risk only of the railroad carrier doing the moving. This

section does not relieve a carrier from liability in a proceeding

to recover damages for death or injury of a railroad employee

arising from the movement of a vehicle with equipment that is

defective, insecure, or not maintained in compliance with this

chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 882.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

20303(a) 45:13 (2d sentence Apr. 14, 1910, ch. 160, Sec.

proviso words 4 (2d sentence proviso), 36

before 1st Stat. 299; Jan. 14, 1983,

semicolon). Pub. L. 97-468, Sec. 704, 96

Stat. 2580.

20303(b) 45:13 (2d sentence

proviso words after

last semicolon).

20303(c) 45:13 (2d sentence

proviso words

between semicolons).

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

In subsections (a) and (b), the word "moved" is substituted for

"hauled" and "hauling" for consistency in this section.

In subsection (a), before clause (1), the words "A vehicle that

is equipped in compliance with this chapter" are substituted for

"where any car shall have been properly equipped, as provided in

sections 1 to 16 of this title" to eliminate unnecessary words. The

words "while such car was being used by such carrier upon its line

of railroad" are omitted as surplus since this chapter only applies

in the case of vehicles used by railroad carriers on their railroad

lines. The word "nevertheless" is added for clarity. The words

"when necessary to make repairs" are substituted for "if any such

movement is necessary to make such repairs and such repairs cannot

be made except at any such repair point" to eliminate unnecessary

words. The words "without a penalty being imposed under section

21302 of this title" are substituted for "without liability for the

penalties imposed by this section or section 6 of this title"

because of the restatement.

In subsection (b), the words "A vehicle . . . may be moved under

this section . . . only when" are substituted for "and nothing in

this proviso shall be construed to permit the hauling of defective

cars . . . unless" for clarity and to eliminate unnecessary words.

In subsection (c), the word "hauling" is omitted for consistency

in this section. The word "proceeding" is substituted for "remedial

action" for consistency in the revised title and to ensure that

administrative, as well as court proceedings, are included. The

words "to recover damages" are added for clarity. The words

"arising from" are substituted for "caused . . . by reason of or in

connection with" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 501, 20302 of this title.

-End-

-CITE-

49 USC Sec. 20304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

Sec. 20304. Assumption of risk by employees

-STATUTE-

An employee of a railroad carrier injured by a vehicle or train

used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of

this title does not assume the risk of injury resulting from the

violation, even if the employee continues to be employed by the

carrier after learning of the violation.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

20304 45:7. Mar. 2, 1893, ch. 196, Sec.

8, 27 Stat. 532; June 22,

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

13(1)(H), 102 Stat. 631.

45:8 (words before Mar. 2, 1903, ch. 976, Sec.

16th comma). 1 (words before 23d comma),

32 Stat. 943; June 22, 1988,

Pub. L. 100-342, Sec.

13(2)(A), 102 Stat. 631.

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

The words "after learning of the violation" are substituted for

"after the unlawful use of such locomotive, car, or train had been

brought to his knowledge" in 45:7 for clarity.

-End-

-CITE-

49 USC Sec. 20305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

Sec. 20305. Inspection of mail cars

-STATUTE-

The Secretary of Transportation shall inspect the construction,

adaptability, design, and condition of mail cars used on railroads

in the United States. The Secretary shall make a report on the

inspection and submit a copy of the report to the United States

Postal Service.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

20305 45:37. May 27, 1908, ch. 200, Sec.

1 (6th par. last sentence

under heading "Interstate

Commerce Commission"), 35

Stat. 325.

Mar. 4, 1909, ch. 299, Sec.

1 (6th par. last sentence

under heading "Interstate

Commerce Commission"), 35

Stat. 965.

49 Oct. 15, 1966, Pub. L.

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

(J). (J), 80 Stat. 939.

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

The words "United States Postal Service" are substituted for

"Postmaster General" because of sections 4(a) and 5(e) of the

Postal Reorganization Act (Public Law 91-375, 84 Stat. 773, 775).

-End-

-CITE-

49 USC Sec. 20306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 203 - SAFETY APPLIANCES

-HEAD-

Sec. 20306. Exemption for technological improvements

-STATUTE-

(a) General. - Subject to subsection (b) of this section, the

Secretary of Transportation may exempt from the requirements of

this chapter railroad equipment or equipment that will be operated

on rails, when those requirements preclude the development or

implementation of more efficient railroad transportation equipment

or other transportation innovations under existing law.

(b) Conditions for Exemption. - The Secretary may grant an

exemption under subsection (a) of this section only on the basis of

-

(1) findings based on evidence developed at a hearing; or

(2) an agreement between national railroad labor

representatives and the developer of the new equipment or

technology.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

20306 45:1013. May 30, 1980, Pub. L.

96-254, Sec. 117, 94 Stat.

406.

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

In subsection (a), the words "Notwithstanding any other provision

of law" and "the mandatory requirements of" are omitted as surplus.

The words "existing law" are substituted for "the existing

statutes" for consistency in the revised title.

In subsection (b), the words before clause (1) are added because

of the restatement. Clause (1) is substituted for "after a hearing

and consistent with findings based upon evidence developed therein"

to eliminate unnecessary words. In clause (2), the words "an

agreement" are substituted for "expressions of agreement" to

eliminate unnecessary words.

-End-