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49 U.S.C. § 20304 — Assumption of risk by employees
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source location: Title 49, Chapter 203, § 20304; chapter-203-safety-appliances.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1, acts Mar. 2, 1893, ch. 196, § 1, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(A), 102 Stat. 630, related to use of power driving-wheel brakes and appliances for operating train-brake systems. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim), Transportation.
Section 2, acts Mar. 2, 1893, ch. 196, § 2, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(B), 102 Stat. 630, related to use of cars not equipped with automatic couplers. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim).
Section 3, acts Mar. 2, 1893, ch. 196, § 3, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(C), 102 Stat. 630, related to refusal to receive insufficiently equipped cars from connecting lines. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim).
Section 4, acts Mar. 2, 1893, ch. 196, § 4, 27 Stat. 531; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(A), 80 Stat. 939; June 22, 1988, Pub. L. 100–342, § 13(1)(D), 102 Stat. 630, related to grab irons or handholds for security in coupling and uncoupling cars. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim).
Section 5, acts Mar. 2, 1893, ch. 196, § 5, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(E), 102 Stat. 630, related to exclusion from traffic of freight cars not complying with prescribed standard for height of drawbars.
Section 6, acts Mar. 2, 1893, ch. 196, § 6, 27 Stat. 532; Apr. 1, 1896, ch. 87, 29 Stat. 85; June 25, 1948, ch. 646, § 1, 62 Stat. 909
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Federal law — U.S. Code and appendices · legal_authorities
Page 605
TITLE 49—TRANSPORTATION
§ 20306
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20303(b) ......
45:13 (2d sentence
proviso words
after last semi-
colon).
20303(c) ......
45:13 (2d sentence
proviso words be-
tween semi-
colons).
In subsections (a) and (b), the word ‘‘moved’’ is sub-
stituted for ‘‘hauled’’ and ‘‘hauling’’ for consistency in
this section.
In subsection (a), before clause (1), the words ‘‘A vehi-
cle 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 chap-
ter only applies in the case of vehicles used by railroad
carriers on their railroad lines. The word ‘‘neverthe-
less’’ is added for clarity. The words ‘‘when necessary
to make repairs’’ are substituted for ‘‘if any such move-
ment is necessary to make such repairs and such re-
pairs 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’’ be-
cause of the restatement.
In subsection (b), the words ‘‘A vehicle . . . may be
moved under this section . . . only when’’ are sub-
stituted for ‘‘and nothing in this proviso shall be con-
strued to permit the hauling of defective cars . . . un-
less’’ for clarity and to eliminate unnecessary words.
In subsection (c), the word ‘‘hauling’’ is omitted for
consistency in this section. The word ‘‘proceedin
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