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49 U.S.C. § 21102 — Nonapplication, exemption, and alternate hours of service regime
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** This chapter does not apply to a situation involving any of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.
**(b) Exemption.—** The Secretary of Transportation may exempt a railroad carrier having not more than 15 employees covered by this chapter from the limitations imposed by this chapter. The Secretary may allow the exemption after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a carrier to require or allow its employees to be on duty more than a total of 16 hours in a 24-hour period.
**(c) Application of Hours of Service Regime to Commuter and Intercity Passenger Railroad Train Employees.—**
(1) When providing commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 21103 until the earlier of—
(A) the effective date of regulations prescribed by the Secretary under section 21109(b) of this chapter; or
(B) the date that is 3 years following the date of enactment of the Rail Safety Improvement Act of 2008.
(2) After the date on which old section 21103 ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad carriers with respect to the provision of commuter rail passenger transportat
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Source file: Laws/federal/codes/united-states-code/title-49/section-21102-nonapplication-exemption-and-alternate-hours-of-service-regime--610478b6c9.md
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Source location: Title 49, Chapter 211, § 21102; chapter-211-hours-of-service.md
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**(a) General.—** This chapter does not apply to a situation involving any of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.
**(b) Exemption.—** The Secretary of Transportation may exempt a railroad carrier having not more than 15 employees covered by this chapter from the limitations imposed by this chapter. The Secretary may allow the exemption after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a carrier to require or allow its employees to be on duty more than a total of 16 hours in a 24-hour period.
**(c) Application of Hours of Service Regime to Commuter and Intercity Passenger Railroad Train Employees.—**
(1) When providing commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 21103 until the earlier of—
(A) the effective date of regulations prescribed by the Secretary under section 21109(b) of this chapter; or
(B) the date that is 3 years following the date of enactment of the Rail Safety Improvement Act of 2008.
(2) After the date on which old section 21103 ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad carriers with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of such railroad carriers shall be governed by new section 21103, except as provided in paragraph (3).
(3) After the effective date of the regulations prescribed by the Secretary under [section 21109(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21109/b&num=0&edition=prelim), such carriers shall—
(A) comply with the limitations on duty hours for train employees with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation as prescribed by such regulations; and
(B) be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees.
(4) In this subsection:
(A) The terms “commuter rail passenger transportation” and “intercity rail passenger transportation” have the meaning given those terms in [section 24102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section24102&num=0&edition=prelim).
(C) 11 So in original. No subpar. (B) has been enacted. The term “new section 21103” means section 21103 of this chapter as amended by the Rail Safety Improvement Act of 2008.
(D) The term “old section 21103” means section 21103 of this chapter as it was in effect on the day before the enactment of that Act.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “auto-ferry transportation” means intercity rail passenger transportation—
(A) of automobiles or recreational vehicles and their occupants; and
(B) when space is available, of used unoccupied vehicles.
(2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations.
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(5) “long-distance route” means a route described in subparagraph (C) of paragraph (7).
(6) “National Network” includes long-distance routes and State-supported routes.
(7) “national rail passenger transportation system” means—
(A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
(B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by—
(i) Amtrak; or
(ii) another rail carrier that receives funds under chapter 229.
(8) “Northeast Corridor” means Con
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24102
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20101
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Federal law — U.S. Code and appendices · legal_authorities
Page 613
TITLE 49—TRANSPORTATION
§ 21103
1 So in original. No subpar. (B) has been enacted.
‘‘(B) to authorize electronic record keeping, and re-
porting of excess service, consistent with appropriate
considerations for user interface; and
‘‘(C) to require training of affected employees and
supervisors, including training of employees in the
entry of hours of service data.
‘‘(2) PROCEDURE.—In lieu of issuing a notice of pro-
posed rulemaking as contemplated by section 553 of
title 5, United States Code, the Secretary may utilize
the Railroad Safety Advisory Committee to assist in
development of the regulation. The Secretary may pro-
pose and adopt amendments to the revised regulations
thereafter as may be necessary in light of experience
under the revised requirements.’’
§ 21102. Nonapplication, exemption, and alter-
nate hours of service regime
(a) GENERAL.—This chapter does not apply to a
situation involving any of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown
and unforeseeable to a railroad carrier or its
officer or agent in charge of the employee
when the employee left a terminal.
(b) EXEMPTION.—The Secretary of Transpor-
tation may exempt a railroad carrier having not
more than 15 employees covered by this chapter
from the limitations imposed by this chapter.
The Secretary may allow the exemption after a
full hearing, for good cause shown, and on decid-
ing that the exemption is in the public interest
and will not affect safety adversely. The exemp-
tion shall be for a specific period of time and is
subject to review at least annually. The exemp-
tion may not authorize a carrier to require or
allow its employees to be on duty more than a
total of 16 hours in a 24
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 21102
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