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49 U.S.C. § 20702 — Inspections, repairs, and inspection and repair reports
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** The Secretary of Transportation shall—
(1) become familiar, so far as practicable, with the condition of every locomotive and tender and its parts and appurtenances;
(2) inspect every locomotive and tender and its parts and appurtenances as necessary to carry out this chapter, but not necessarily at stated times or at regular intervals; and
(3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary and repairs every defect that is disclosed by an inspection before a defective locomotive, tender, part, or appurtenance is used again.
**(b) Noncomplying Locomotives, Tenders, and Parts.—**
(1) When the Secretary finds that a locomotive, tender, or locomotive or tender part or appurtenance owned or operated by a railroad carrier does not comply with this chapter or a regulation prescribed under this chapter, the Secretary shall give the carrier written notice describing any defect resulting in noncompliance. Not later than 5 days after receiving the notice of noncompliance, the carrier may submit a written request for a reinspection. On receiving the request, the Secretary shall provide for the reinspection by an officer or employee of the Department of Transportation who did not make the original inspection. The reinspection shall be made not later than 15 days after the date the Secretary gives the notice of noncompliance.
(2) Immediately after the reinspection is completed, the Secretary shall give written notice to the railroad carrier stating whether the locomotive, tender, part, or appurtenance is in compliance. If the original finding of noncompliance is sustained, the carrier has 30 days after receipt of the notice to file an appea
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Source location: Title 49, Chapter 207, § 20702; chapter-207-locomotives.md
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**(a) General.—** The Secretary of Transportation shall—
(1) become familiar, so far as practicable, with the condition of every locomotive and tender and its parts and appurtenances;
(2) inspect every locomotive and tender and its parts and appurtenances as necessary to carry out this chapter, but not necessarily at stated times or at regular intervals; and
(3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary and repairs every defect that is disclosed by an inspection before a defective locomotive, tender, part, or appurtenance is used again.
**(b) Noncomplying Locomotives, Tenders, and Parts.—**
(1) When the Secretary finds that a locomotive, tender, or locomotive or tender part or appurtenance owned or operated by a railroad carrier does not comply with this chapter or a regulation prescribed under this chapter, the Secretary shall give the carrier written notice describing any defect resulting in noncompliance. Not later than 5 days after receiving the notice of noncompliance, the carrier may submit a written request for a reinspection. On receiving the request, the Secretary shall provide for the reinspection by an officer or employee of the Department of Transportation who did not make the original inspection. The reinspection shall be made not later than 15 days after the date the Secretary gives the notice of noncompliance.
(2) Immediately after the reinspection is completed, the Secretary shall give written notice to the railroad carrier stating whether the locomotive, tender, part, or appurtenance is in compliance. If the original finding of noncompliance is sustained, the carrier has 30 days after receipt of the notice to file an appeal with the Secretary. If the carrier files an appeal, the Secretary, after providing an opportunity for a proceeding, may revise or set aside the finding of noncompliance.
(3) A locomotive, tender, part, or appurtenance found not in compliance under this subsection may be used only after it is—
(A) repaired to comply with this chapter and regulations prescribed under this chapter; or
(B) found on reinspection or appeal to be in compliance.
**(c) Reports.—** A railroad carrier shall make and keep, in the way the Secretary prescribes by regulation, a report of every—
(1) inspection made under regulations prescribed by the Secretary; and
(2) repair made of a defect disclosed by such an inspection.
**(d) Changes in Inspection Procedures.—** A railroad carrier may change a rule or instruction of the carrier governing the inspection by the carrier of the locomotives and tenders and locomotive and tender parts and appurtenances of the carrier when the Secretary approves a request filed by the carrier to make the change.
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Page 608
TITLE 49—TRANSPORTATION
§ 20701
CHAPTER 207—LOCOMOTIVES
Sec.
20701.
Requirements for use.
20702.
Inspections, repairs, and inspection and re-
pair reports.
20703.
Accident reports and investigations.
§ 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 oper-
ate without unnecessary danger of personal in-
jury;
(2) have been inspected as required under
this chapter and regulations prescribed by the
Secretary of Transportation under this chap-
ter; 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.)
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; re-
stated 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 ‘‘loco-
motive or tender . . . locomotive or tender and its
parts and appurtenances’’ are substituted for ‘‘loco-
motive . . . 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 lo-
com
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