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49 U.S.C. § 20703 — Accident reports and investigations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20703 — Accident reports and investigations

**(a) Accident Reports and Scene Preservation.—** When the failure of a locomotive, tender, or locomotive or tender part or appurtenance results in an accident or incident causing serious personal injury or death, the railroad carrier owning or operating the locomotive or tender— (1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and (2) when the locomotive is disabled to the extent it cannot be operated under its own power, shall preserve intact all parts affected by the accident or incident, if possible without interfering with traffic, until an investigation of the accident or incident is completed. **(b) Investigations.—** The Secretary shall— (1) investigate each accident and incident reported under subsection (a) of this section; (2) inspect each part affected by the accident or incident; and (3) make a complete and detailed report on the cause of the accident or incident. **(c) Publication and Use of Investigation Reports.—** When the Secretary considers publication to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the accident or incident and making appropriate recommendations. No part of a report may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.

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Source file: Laws/federal/codes/united-states-code/title-49/section-20703-accident-reports-and-investigations--0aafbc4ce4.md
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Source location: Title 49, Chapter 207, § 20703; chapter-207-locomotives.md

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**(a) Accident Reports and Scene Preservation.—** When the failure of a locomotive, tender, or locomotive or tender part or appurtenance results in an accident or incident causing serious personal injury or death, the railroad carrier owning or operating the locomotive or tender— (1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and (2) when the locomotive is disabled to the extent it cannot be operated under its own power, shall preserve intact all parts affected by the accident or incident, if possible without interfering with traffic, until an investigation of the accident or incident is completed. **(b) Investigations.—** The Secretary shall— (1) investigate each accident and incident reported under subsection (a) of this section; (2) inspect each part affected by the accident or incident; and (3) make a complete and detailed report on the cause of the accident or incident. **(c) Publication and Use of Investigation Reports.—** When the Secretary considers publication to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the accident or incident and making appropriate recommendations. No part of a report may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 22 to 43a — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 22, acts Feb. 17, 1911, ch. 103, § 1, 36 Stat. 913; June 7, 1924, ch. 355, § 1, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, § 14(1), 102 Stat. 632, defined “railroad” as used in sections 22 to 29 and 31 to 34 of this title. See [section 20102 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim), Transportation. Section 23, acts Feb. 17, 1911, ch. 103, § 2, 36 Stat. 913; Mar. 4, 1915, ch. 169, § 1, 38 Stat. 1192; June 7, 1924, ch. 355, § 2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, § 14(2), 102 Stat. 632, made it unlawful for railroads to use locomotives and appurtenances unless they were safe and inspected in accordance with provisions of sections 22 to 29 and 31 to 34 of this title and tested as prescribed by rules and regulations. See [section 20701 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20701&num=0&edition=prelim). Section 24, acts Feb. 17, 1911, ch. 103, § 3, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27, 1947, ch. 85, § 1, 61 Stat. 120; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; June 22, 1988, Pub. L. 100–342, § 14(3), 102 Stat. 633, provided for appointment and salaries of a director of locomotive inspection and two assistant directors of locomotive inspection, and was previously omitted pursuant to Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320, formerly set out in the Appendix to Title 5, Government Organization and Employees, which abolished the offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives. Acts June 26, 1918, ch. 105, 40 Stat. 616; June 7, 1924, ch. 355, § 6, 43 Stat

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20703 — Accident reports and investigations

Page 609 TITLE 49—TRANSPORTATION § 20703 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20702(a) ...... 45:29 (1st–3d sen- tences). Feb. 17, 1911, ch. 103, § 6, 36 Stat. 915; Apr. 22, 1940, ch. 124, § 1(1)–(3) (related to § 6 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; Oct. 10, 1980, Pub. L. 96–423, § 13, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, § 14(5), 102 Stat. 633. 45:30 (1st sentence related to 45:29, last sentence). Mar. 4, 1915, ch. 169, § 2 (1st sentence related to §§ 5, 6 of Act of Feb. 17, 1911, last sentence), 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. 49 App.:1655(e) (1)(E)–(G). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E)–(G), 80 Stat. 939. 20702(b) ...... 45:29 (6th, last sen- tences). 45:30 (1st sentence related to 45:29) 49 App.:1655(e) (1)(E)–(G). 20702(c) ...... 45:29 (4th, 5th sen- tences). 20702(d) ...... 45:28. Feb. 17, 1911, ch. 103, § 5, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1(1)–(3) (related to § 5 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, § 14(4), 102 Stat. 633. 45:30 (1st sentence related to 45:28). 49 App.:1655(e) (1)(E)–(G). In this section, the words ‘‘locomotive and tender and its parts and appurtenances’’ and ‘‘locomotive, tender, or locomotive or tender part or appurtenance’’ are sub- stituted for ‘‘locomotive boiler’’ and ‘‘boiler or boilers or apparatus pertaining thereto’’ in 45:29 and ‘‘the pro- vision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include

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