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49 U.S.C. § 28103 — Limitations on rail passenger transportation liability

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

49 U.S.C. § 28103 — Limitations on rail passenger transportation liability

**(a) Limitations.—** (1) Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to damages or liability, in a claim for personal injury to a passenger, death of a passenger, or damage to property of a passenger arising from or in connection with the provision of rail passenger transportation, or from or in connection with any rail passenger transportation operations over or rail passenger transportation use of right-of-way or facilities owned, leased, or maintained by any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State, punitive damages, to the extent permitted by applicable State law, may be awarded in connection with any such claim only if the plaintiff establishes by clear and convincing evidence that the harm that is the subject of the action was the result of conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others. If, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, this paragraph shall not apply. (2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000. **(b) Contractual Obligations.—** A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims. **(c) Mandatory Coverage.—** Amtrak shall maintain a total minimum liability coverage for claims through insurance and self-insurance of at least $200,000,000 per accident or incident. **(d) Effect o

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Source location: Title 49, Chapter 281, § 28103; chapter-281-law-enforcement.md

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**(a) Limitations.—** (1) Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to damages or liability, in a claim for personal injury to a passenger, death of a passenger, or damage to property of a passenger arising from or in connection with the provision of rail passenger transportation, or from or in connection with any rail passenger transportation operations over or rail passenger transportation use of right-of-way or facilities owned, leased, or maintained by any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State, punitive damages, to the extent permitted by applicable State law, may be awarded in connection with any such claim only if the plaintiff establishes by clear and convincing evidence that the harm that is the subject of the action was the result of conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others. If, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, this paragraph shall not apply. (2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000. **(b) Contractual Obligations.—** A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims. **(c) Mandatory Coverage.—** Amtrak shall maintain a total minimum liability coverage for claims through insurance and self-insurance of at least $200,000,000 per accident or incident. **(d) Effect on Other Laws.—** This section shall not affect the damages that may be recovered under the Act of April 27, 1908 ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.; popularly known as the “Federal Employers’ Liability Act”) or under any workers compensation Act. **(e) Definition.—** For purposes of this section— (1) the term “claim” means a claim made— (A) against Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; or (B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; (2) the term “punitive damages” means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; and (3) the term “rail carrier” includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.

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

45 U.S.C. § 51 — Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

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

49 U.S.C. § 20101 — Purpose

The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.

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

49 U.S.C. § 22905 — Grant conditions

**(a) Buy America.—** (1) The Secretary of Transportation may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States. (2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that— (A) applying paragraph (1) would be inconsistent with the public interest; (B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (C) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. (3) For purposes of this subsection, in calculating the components’ costs, labor costs involved in final assembly shall not be included in the calculation. (4) If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the date on which such finding takes effect— (A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (B) provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days. (5) Not later than December 31, 2012, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on any waivers granted under paragraph (2). (6) The Secretary of Transportation may not make a waiver under

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

45 U.S.C. § 51 — Liability of common carriers by railroad, in

Page 4 TITLE 45—RAILROADS § 51 Sec. 59. Survival of right of action of person injured. 60. Penalty for suppression of voluntary informa- tion incident to accidents; separability. § 51. Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee de- fined Every common carrier by railroad while en- gaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Terri- tories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her per- sonal representative, for the benefit of the sur- viving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin de- pendent upon such employee, for such injury or death resulting in whole or in part from the neg- ligence of any of the officers, agents, or employ- ees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this chapter, be considered as being employed by such carrier in such com- merce and shall be considered as entitled to the benefits of thi

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

49 U.S.C. § 28103 — Limitations on rail passenger transpor-

Page 744 TITLE 49—TRANSPORTATION § 28102 pletes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State. (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in- service training academy or Federal law en- forcement training center. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452; Pub. L. 114–94, div. A, title XI, § 11412(a), Dec. 4, 2015, 129 Stat. 1687.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 26101 .......... 45:446. Nov. 29, 1990, Pub. L. 101–647, § 1704, 104 Stat. 4846. The words ‘‘to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction’’ are placed before clause (1) rather than at the end of clause (4), as in the source provision, to re- flect the probable intent of Congress. Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94, § 11412(a)(1), sub- stituted ‘‘directly employed by or contracted by’’ for ‘‘employed by’’ in introductory provisions. Subsec. (b). Pub. L. 114–94, § 11412(a)(1), (2), sub- stituted ‘‘directly employed by or contracted by’’ for ‘‘employed by’’ and inserted ‘‘or agent, as applicable,’’ after ‘‘an employee’’. Subsecs. (c), (d). Pub. L. 114–94, § 11412(a)(3), added subsecs. (c) an

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