An Act to amend the Federal Railroad Safety Act of 1970 to authorize additional appropriations, and for other purposes.
PL 95-574 (S.3081), enacted 11/02/1978

PUBLIC LAW 95-574—NOV. 2, 1978 
92 STAT. 2459 
Public Law 95-574 
95th Congress 
An Act 
To amend the Federal Railroad Safety Act of 1970 to authorize additional 
appropriations, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Federal Eailroad Safety 
Authorization Act of 1978". 
Nov. 2. 1978 
[S. 3081] 
Federal Railroad 
Safety 
Authorization Act 
of 1978. 
45 use 421 note. 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 2. Section 212 of the Federal Railroad Safety Act of 1970 (46 
U.S.C. 441) is amended to read as follows: 
"SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. 
"(a) There are authorized to be appropriated to carry out the pro-
visions of this Act not to exceed $37,725,000 for the fiscal year ending 
September 30, 1979, and not to exceed $37,725,000 for the fiscal year 
ending September 30, 1980, 
"(b) The amounts appropriated under subsection (a) of this sec-
tion for a fiscal year shall be available for expenditure in such fiscal 
year as follows: 
"(1) For the Office of Safety, including salaries and expenses 
for not more than (A) 600 safety inspectors, (B) 45 signal and 
train control inspectors, and (C) 125 clerical personnel, not to 
exceed $20,725,000. Such funds shall be available for travel 
expenses of safety inspectors for not less than 20 days per month. 
"(2) To carry out the provisions of section 206(d) of this Act, 
relating to State safety programs, not to exceed $3,500,000. 
"(3) For the Federal Railroad Administration, for salaries 
and expenses not otherwise provided for, not to exceed $3,500,000. 
" (4) For conducting safety research and development activities 
under this Act, not to exceed $10,000,000. Sums appropriated 
under this section for research and development, automated track 
inspection, and the State safety grant program are authorized to 
remain available until expended.". 
LIMITATIONS ON FUNDING 
SEC. 3. Not less than 50 percent of the funds appropriated to the 
Secretary of Transportation for any fiscal year to conduct railroad 
research and development programs under the Federal Railroad Safety 
Act of 1970 or any other Act shall be available for safety research, 
improved track inspection and data acquisition technology, improved 
rail freight service, and improved rail passenger systems. 
HOURS OF SERVICE OF SIGNAL SYSTEM EMPLOYEES 
SEC. 4. (a) Section 3A(a) of the Hours of Service Act (45 U.S.C. 
63a(a)) is amended by adding at the end thereof, without paragraph 
indention, the following: 
45 use 435. 
45 use 442. 
45 use 421 
note. 
92 STAT. 2460 
PUBLIC LAW 95-574—NOV. 2, 1978 
""Whenever the time on duty of an individual is broken or interrupted 
by any period of time off duty of less than eight consecutive hours, 
such individual may be on duty for not more than twelve hours during 
a twenty-four-hour period, if such individual has had at least eight 
consecutive hours off duty immediately before reporting for duty, or, 
where required by paragraph (1) of this subsection, at least ten con-
secutive hours off duty immediately before so reporting. After an 
individual has been on duty for a total of twelve hours during a period 
. 
. ,, 
of twenty-four hours as permitted by the foregoing sentence, or at the 
end of such twenty-four-hour period, whichever ocxiurs first, such 
individual shall not be required or permitted to continue on duty or 
to go on duty until he has had at least eight consecutive hours off duty. 
For purposes of this subsection, a twenty-four-hour period shall begin 
when an individual reports for duty immediately after he has had at 
least eight consecutive hours off duty or, where required by paragraph 
(1) of this subsection, at least ten consecutive hours off duty.". 
(b) Section 3A(c) of the Hours of Service Act (45 U.S.C. 63a(c)) 
is amended to read as follows: 
"(c) For purposes of this section, time on duty shall commence 
when an individual reports for duty and terminate when an individual 
is finally released from duty, except that— 
"(1) time spent in travel on return from a trouble call, whether 
directly to the individual's residence or by way of the individual's 
headquarters, shall be considered neither time on duty nor time off 
duty, except that up to sixty minutes of such time on return from 
the final trouble call of a period of continuous or broken service 
shall be considered time off' duty; 
" (2) if, at the expiration of scheduled duty hours, an individual 
has not completed the trip from the final outlying worksite of the 
duty period to the individual's headquarters or from the final out-
lying worksite directly to the individual's residence, then the time 
spent in travel outside the scheduled duty hours which is required 
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to complete the trip to such headquarters or directly to such 
" residence, as the case may be, shall be considered neither time on 
duty nor time off duty; 
" (3) if an individual is released from duty at an outlying work-
site prior to the end of such individual's scheduled duty hours in 
order to comply with this section, the period of time required 
for the trip from the outlying worksite to the individual's head-
quarters, or the period of time required for the trip from the 
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outlying worksite direct to the individual's residence, as the case 
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may be, shall be considered neither time on duty nor time off duty; 
"(4) all time spent in transportation on an ontrack vehicle, 
including time referred to in paragraphs (1), (2), and (3) of this 
i 
, subsection, shall be considered time on duty; and 
"(5) (A) regularly scheduled meal periods and other release 
periods of thirty minutes or more up to sixty minutes shall be 
considered time off duty but shall not break an individual's con-
tinuity of service for purposes of this section, and (B) release 
periods of more than one hour shall be considered time off duty 
and shall break an individual's continuity of service for purposes 
of this section.". 
Effective date. 
(c) The amendments made by this section shall be effective as of 
45 use 63a note. July 8, 1976, except that no action or conduct which occurred during 
the period beginning on such date and ending on the date of enact-
ment of this Act and which was lawful under the Hours of Service 
Act as in effect on July 8, 1976, shall be deemed to be unlawful under 
such Act as amended by this Act. 
PUBLIC LAW 95-574—NOV. 2, 1978 
92 STAT. 2461 
HOURS OF SERVICE ACT; INTERSTATE COMMERCE REQUIREMENT 
SEC. 5. Subsection (a) of the first section of the Hours of Service 
Act (45 U.S.C. 61(a)) is amended to read as follows: "(a) this Act 
shall apply to any common carrier engaged in interstate or foreign 
commerce by railroad.". 
DESIGNATED TERMINAL 
SEC. 6. Subsection (b) of the first section of the Hours of Service 
Act (45 U.S.C. 61(b)) is amended by adding at the end thereof the 
following new paragraph: 
"(4) The term 'designated terminal' means the home terminal and "Designated 
the away from home terminal for the assignment of a particular crew, terminal. 
Time on duty shall not include interim rest periods of four or more 
hours between designated terminals where the employee is prevented 
from reaching his or her designated terminal by act of God, track 
obstruction, casualty, derailment or major disabling equipment failure, 
which derailment or disabling equipment failure was the result of a 
cause not known to the carrier or its officer or agent in charge of the 
employee at the time such employee left the designated terminal, and 
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which could not have been foreseen, and only then at a place where 
suitable facilities for food and lodging are available.". 
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ASSESSMENT OF PENALTIES 
SEC. 7. (a) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6) is 
amended by inserting "assessed by the Secretary of Transportation 
and" immediately after "shall he liable to a penalty of not less than 
$250 and not more than $2,500 for each and every such violation, to be". 
(b) Section 4 of the Act of April 14,1910 (45 U.S.C. 13) is amended 
by inserting "assessed by the Secretary of Transportation and" imme-
diately after "shall be liable to a penalty of not less than $250 and not 
more than $2,500 for each and every such violation, to be". 
(c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34) is 
amended by inserting "assessed by the Secretary of Transportation 
and" immediately after "shall be liable to a penalty of not less than 
$250 and not more than $2,500 for each and every such violation, to be". 
(d) Section 25(h) of part I of the Interstate Commerce Act (49 
U.S.C. 26(h)), is amended by inserting "assessed by the Secretary of 
Transportation and" immediately after "shall be liable to a penalty of 
not less than $250 and not more than $2,500 for each and every day 
such violation, refusal, or neglect continues, to be". 
N O T I C E 
O F VIOLATIONS 
SEC. 8. The first sentence of section 207 of the Federal Kailroad 
Safety Act of 1970 (45 U.S.C. 436) is amended to read as follows: 
"In any case in which the Secretary has failed to assess the civil pen-
alty applicable under section 209 of this title, or no civil action has 45 USC 438. 
been commenced to obtain injunctive relief under section 210 of this 
title, with respect to a violation of any railroad safety rule, regulation, 45 USC 439. 
order, or standard issued under this title, within 90 days after the date 
on which notification was received by the Secretary from a State 
agency participating in investigative and surveillance activities under 
the provisions of section 206 of this title, that State agency may apply 45 USC 435. 
to the district court of the United States within the jurisdiction of 
which the violation occurred for the enforcement of such rule, regula-
tion, order, or standard.". 
92 STAT. 2462 
PUBLIC LAW 95-574—NOV. 2, 1978 
ROLE OF DEPARTMENT OF TRANSPORTATION I N RAILROAD ACCIDENT INVESTI-
GATIONS ; LIABILITY OF DEPARTMENT OF TRANSPORTATION'S AGENTS 
SEC. 9. Section 208 of the Federal Kailroad Safety Act of 1970 (45 
U.S.C. 437) is amended— 
(1) by Striking out subsection (b) and redesignating subsec-
tions (c) and (d) as subsections (b) and (c), respectively, and 
(2) by amending subsection (b), as so redesignated to read as 
follows: 
"(b) To carry out the Secretary's responsibilities under this title, 
officers, employees, or agents of the Secretary are authorized to enter 
upon, inspect, and examine rail facilities, equipment, rolling stock, 
" *
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operations, and pertinent records at reasonable times and in a reason-
able manner. Such officers, employees, or agents shall display proper 
credentials when requested, and during the course of such inspection 
or examination shall be considered employees of the Federal Govern-
ment for purposes of chapter 171 of title 28 of the United States Code.". 
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RAIL TRANSPORTATION SAFETY AND EFFICIENCY STUDY 
45 use440note. 
SEC. 10. (a) The Secretary of Transportation shall conduct a study 
and evaluation concerning the safety and efficiency of rail transporta-
tion. Such study and evaluation shall include— 
(1) a determination of the relationship of the size, weight, and 
length of railroad cars (other than those contained in unit trains) 
to the safety and efficiency of rail transportation; and 
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(2) a determination of the effect of the exclusive ownership and 
control of rights-of-way by individual railroads on the safety 
and efficiency of rail transportation, considering, among other 
things, whether or not such rights-of-way might be better 
employed under new structures of ownership or other conditions 
for joint usage. 
(b) Within one year after the date of enactment of this Act, the 
Secretary of Transportation shall complete the portion of the study 
described in subsection (a)(1) of this section. 
(c) Within two years after the date of enactment of this Act, the 
Secretary of Transportation shall complete the portion of the study 
described in subsection (a) (2) of this section and submit a report to 
the Congress setting forth the results of such study, together with 
recommendations for such legislative or other action as the Secretary 
deems appropriate. 
Approved November 2, 1978. 
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LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1176 accompanying H.R. 12577 (Comm. on Interstate and 
Foreign Commerce). 
SENATE REPORT No. 95-865 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol 124 (1978): 
May 25, considered and passed Senate. 
Oct. 11, 13, H.R. 12577 considered and passed House; passage vacated, and 
S. 3081, amended, passed in lieu. 
,,; 
Oct. 15, Senate concurred in House amendments.