dreamproit/uscode huggingface dataset:
49 U.S.C. § 20159 (TRANSPORTATION)
§ 20159. Roadway user sight distance at highway-rail grade crossings
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.
(Added Pub. L. 110–432, div. A, title II, § 203(a), Oct. 16, 2008, 122 Stat. 4869.)
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 20163 (TRANSPORTATION)
§ 20163. Certification of train conductors
(a) Regulations.—
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train conductors be trained, in accordance with the training standards developed pursuant to section 20162.
(b) Program Requirements.—
In developing the regulations required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).
(Added Pub. L. 110–432, div. A, title IV, § 402(a), Oct. 16, 2008, 122 Stat. 4884.)
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 20164 (TRANSPORTATION)
§ 20164. Development and use of rail safety technology
(a) In General.—
Not later than 1 year after enactment of the Railroad Safety Enhancement Act of 2008,1 the Secretary of Transportation shall prescribe standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not covered by Federal standards, guidance, regulations, or orders that ensure the safe operation of such technology, such as—
(1) switch position monitoring devices or indicators;
(2) radio, remote control, or other power-assisted switches;
(3) hot box, high water, or earthquake detectors;
(4) remote control locomotive zone limiting devices;
(5) slide fences;
(6) grade crossing video monitors;
(7) track integrity warning systems; or
(8) other similar rail safety technologies, as determined by the Secretary.
(b) Dark Territory Defined.—
In this section, the term “dark territory” means any territory in a railroad system that does not have a signal or train control system installed or operational.
(Added Pub. L. 110–432, div. A, title IV, § 406(a), Oct. 16, 2008, 122 Stat. 4886.)
heading: References in Text
text: The Railroad Safety Enhancement Act of 2008, referred to in subsec. (a), probably means the Rail Safety Improvement Act of 2008, div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 20165 (TRANSPORTATION)
§ 20165. Limitations on non-Federal alcohol and drug testing
(a) Testing Requirements.—
Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cut-off level established by the carrier.
(b) Redress Process.—
Each railroad carrier that has a non-Federal alcohol and drug testing program must provide a redress process to its employees who are subject to both the alcohol and drug testing program and chapter 211 of this title for such an employee to petition for and receive a carrier hearing to review his or her specimen test results that were determined to be in violation of the program. A dispute or grievance raised by a railroad carrier or its employee, except a probationary employee, in connection with the carrier’s alcohol and drug testing program and the application of this section is subject to resolution under section 3 of the Railway Labor Act (45 U.S.C. 153).
(Added Pub. L. 110–432, div. A, title IV, § 409(a), Oct. 16, 2008, 122 Stat. 4887.)
49 U.S.C. § 20166 (TRANSPORTATION)
§ 20166. Emergency escape breathing apparatus
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers—
(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with respiratory protection for all crewmembers in locomotive cabs on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of release;
(2) to provide convenient storage in each freight train locomotive to enable crewmembers to access such apparatus quickly;
(3) to maintain such equipment in proper working condition; and
(4) to provide their crewmembers with appropriate training for using the breathing apparatus.
(Added Pub. L. 110–432, div. A, title IV, § 413(a), Oct. 16, 2008, 122 Stat. 4889.)
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A. of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 20167 (TRANSPORTATION)
§ 20167. Railroad safety infrastructure improvement grants
(a) Grant Program.—
The Secretary of Transportation shall establish a grant program for safety improvements to railroad infrastructure, including the acquisition, improvement, or rehabilitation of intermodal or rail equipment or facilities, including track, bridges, tunnels, yards, buildings, passenger stations, facilities, and maintenance and repair shops.
(b) Eligibility.—
Grants shall be made under this section to eligible passenger and freight railroad carriers, and State and local governments for projects described in subsection (a). Grants shall also be made available to assist a State or political subdivision thereof in establishing a quiet zone pursuant to part 222 of title 49, Code of Federal Regulations.
(c) Considerations.—
In awarding grants, the Secretary shall consider, at a minimum—
(1) the age and condition of the rail infrastructure of the applicant;
(2) the railroad carrier’s safety record, including accident and incident numbers and rates;
(3) the volume of hazardous materials transported by the railroad;
(4) the operation of passenger trains over the railroad; and
(5) whether the railroad carrier has submitted a railroad safety risk reduction program, as required by section 20156.
(d) Matching Requirements.—
Federal funds for any eligible project under this section shall not exceed 50 percent of the total cost of such project.
(e) Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2010 through 2013 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.
(Added Pub. L. 110–432, div. A, title IV, § 418(a), Oct. 16, 2008, 122 Stat. 4891.)
49 U.S.C. § 20301 (TRANSPORTATION)
§ 20301. Definition and nonapplication
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 881; Pub. L. 104–287, § 5(52), Oct. 11, 1996, 110 Stat. 3393.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20301(a)
45:8 (“trains, locomotives, tenders, cars, and similar vehicles”).
45:9 (3d sentence).
20301(b)
45:6 (1st sentence proviso).
Mar. 2, 1893, ch. 196, § 6 (1st sentence proviso), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85.
45:8 (words after 16th comma).
Mar. 2, 1903, ch. 976, § 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.
heading: Pub. L. 104–287
text: 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).
heading: Amendments
text: 1996—Subsec. (b)(4). Pub. L. 104–287 added par. (4).
heading: Effective Date of 1996 Amendment
text: 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.
49 U.S.C. § 20304 (TRANSPORTATION)
§ 20304. Assumption of risk by employees
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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20304
45:7.
Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, § 13(1)(H), 102 Stat. 631.
45:8 (words before 16th comma).
Mar. 2, 1903, ch. 976, § 1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, § 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.
49 U.S.C. § 20305 (TRANSPORTATION)
§ 20305. Inspection of mail cars
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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20305
45:37.
May 27, 1908, ch. 200, § 1 (6th par. last sentence under heading “Interstate Commerce Commission”), 35 Stat. 325.
Mar. 4, 1909, ch. 299, § 1 (6th par. last sentence under heading “Interstate Commerce Commission”), 35 Stat. 965.
49 App.:1655(e)(1)(I), (J).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(I), (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).
49 U.S.C. § 20306 (TRANSPORTATION)
§ 20306. Exemption for technological improvements
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20306
45:1013.
May 30, 1980, Pub. L. 96–254, § 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.
49 U.S.C. § 20501 (TRANSPORTATION)
§ 20501. Definition
In this chapter, “signal system” means a block signal system, an interlocking, automatic train stop, train control, or cab-signal device, or a similar appliance, method, device, or system intended to promote safety in railroad operations.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20501
(no source).
This section is added to eliminate the unnecessary repetition of the words used in the definition. The definition is derived from 49 App.:26(b)–(f).
49 U.S.C. § 20503 (TRANSPORTATION)
§ 20503. Amending regulations and changing requirements
The Secretary of Transportation may amend a regulation or change a requirement applicable to a railroad carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter—
(1) when the carrier files with the Secretary a request for the amendment or change and the Secretary approves the request; or
(2) on the Secretary’s own initiative for good cause shown.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 884.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20503
49 App.:26(c).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(c); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(3), (8), 102 Stat. 635, 636.
49 App.:1655(e)(6)(A).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(A), 80 Stat. 939.
In this section, before clause (1), the text of 49 App.:26(c) (words before 2d proviso) is omitted as executed. The words “The Secretary of Transportation may amend . . . change” are substituted for “and approved by the Secretary of Transportation” and “the Secretary may . . . revise, amend, or modify” for clarity and to eliminate unnecessary words. The words “regulation or . . . a requirement applicable to a railroad carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter” are substituted for “rules, standards, and instructions herein provided for” and “rules, standards, and instructions prescribed by him under this subsection” for clarity, for consistency in the revised title, and because of the restatement. Clause (1) is substituted for “such railroad may from time to time change . . . but such change shall not take effect and the new rules, standards, and instructions be enforced until they shall have been filed with” for clarity and to eliminate unnecessary words. The words “and as revised, amended, or modified they shall be obligatory upon the railroad after a copy thereof shall have been served as above provided” are omitted as being superseded by 5:ch. 5, subch. II.
49 U.S.C. § 20504 (TRANSPORTATION)
§ 20504. Inspection, testing, and investigation
(a) Systems in Use.—
(1) The Secretary of Transportation may—
(A) inspect and test a signal system used by a railroad carrier; and
(B) decide whether the system is in safe operating condition.
(2) In carrying out this subsection, the Secretary may employ only an individual who—
(A) has no interest in a patented article required to be used on or with a signal system; and
(B) has no financial interest in a railroad carrier or in a concern dealing in railroad supplies.
(b) Systems Submitted for Investigation and Testing.—
The Secretary may investigate, test, and report on the use of and need for a signal system, without cost to the United States Government, when the system is submitted in completed shape for investigation and testing.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 884.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20504(a)
49 App.:26(d).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(d); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(4), (8), 102 Stat. 635, 636.
49 App.:1655(e)(6)(A).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(I), (6)(A), 80 Stat. 939.
20504(b)
45:36.
May 27, 1908, ch. 200, § 1 (1st complete par. on p. 325), 35 Stat. 325.
49 App.:1655(e)(1)(I).
In subsection (a)(1)(B), the words “safe operating condition” are substituted for “proper condition to operate and provide adequate safety” to eliminate unnecessary words.
In subsection (a)(2), before clause (A), the text of 49:26(d) (2d sentence) is omitted because of 5:3101. The text of 49:26(d) (3d sentence) is omitted because of 5:ch. 33. The words “In carrying out this subsection, the Secretary may employ” are substituted for “shall be used for such purpose” for clarity. In clause (A), the words “either directly or indirectly” are omitted as surplus.
In subsection (b), the word “experimentally” is omitted as surplus. The words “signal system” are substituted for “any appliances or systems intended to promote the safety of railway operation” because of the definition of “signal system” in section 20501 of the revised title. The text of 45:36 (last sentence) is omitted because of 49:323.
49 U.S.C. § 20505 (TRANSPORTATION)
§ 20505. Reports of malfunctions and accidents
In the way and to the extent required by the Secretary of Transportation, a railroad carrier shall report to the Secretary a failure of a signal system to function as intended. If the failure results in an accident or incident causing injury to an individual or property that is required to be reported under regulations prescribed by the Secretary, the carrier owning or maintaining the signal system shall report to the Secretary immediately in writing the fact of the accident or incident.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 884.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20505
49 App.:26(f) (words before last semicolon).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(f) (words before last semicolon); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(6), (8), 102 Stat. 636.
49 App.:1655(e)(6)(A).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(A), 80 Stat. 939.
The words “signal system” are substituted for “such systems, devices, or appliances” because of the definition of “signal system” in section 20501 of the revised title. The word “indicate” is omitted as being included in “function”. The words “or incident” are added for consistency in this part. The word “individual” is substituted for “person”, and the word “immediately” is substituted for “forthwith”, for consistency in the revised title and with other titles of the United States Code.
49 U.S.C. § 20701 (TRANSPORTATION)
§ 20701. Requirements for use
A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances—
(1) are in proper condition and safe to operate without unnecessary danger of personal injury;
(2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and
(3) can withstand every test prescribed by the Secretary under this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 885.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20701
45:23.
Feb. 17, 1911, ch. 103, § 2, 36 Stat. 913; Mar. 4, 1915, ch. 169, § 1, 38 Stat. 1192; restated June 7, 1924, ch. 355, § 2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, § 14(2), 102 Stat. 632.
45:30 (1st sentence related to 45:23).
Mar. 4, 1915, ch. 169, § 2 (1st sentence related to § 2 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148.
49 App.:1655(e)(1)(E), (F).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E), (F), 80 Stat. 939.
In this section, before clause (1), the words “locomotive or tender . . . locomotive or tender and its parts and appurtenances” are substituted for “locomotive . . . locomotive, its boiler, tender, and all parts and appurtenances thereof” in 45:23 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement. In clause (1), the words “in the service to which the same are put” and “in the active service of such railroad” in 45:23 are omitted as surplus. The words “danger of personal injury” are substituted for “peril to life or limb” for clarity and consistency in this part. In clause (2), the words “from time to time” are omitted as surplus. The words “as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter” are substituted for “in accordance with the provisions of sections 22 to 29 and 31 to 34 of this title” for clarity and consistency. In clause (3), the words “prescribed by the Secretary under this chapter” are substituted for “prescribed in the rules and regulations hereinafter provided for” for clarity and because of the restatement.