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49 U.S.C. § 20132 — Visible markers for rear cars

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

49 U.S.C. § 20132 — Visible markers for rear cars

**(a) General.—** The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that— (1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visibility; and (2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visibility. **(b) Preemption.—** Notwithstanding [section 20106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20106&num=0&edition=prelim), subsection (a) of this section does not prohibit a State from continuing in force a law, regulation, or order in effect on July 8, 1976, related to lighted markers on the rear car of a freight train except to the extent it would cause the car to be in violation of this section.

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Source location: Title 49, Chapter 201, § 20132; chapter-201-general.md

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

49 U.S.C. § 20106 — Preemption

**(a) National Uniformity of Regulation.—** (1) Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. (2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order— (A) is necessary to eliminate or reduce an essentially local safety or security hazard; (B) is not incompatible with a law, regulation, or order of the United States Government; and (C) does not unreasonably burden interstate commerce. **(b) Clarification Regarding State Law Causes of Action.—** (1) Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party— (A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section; (B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or (C) has failed to comply with a State law, regulation,

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

49 U.S.C. § 20132 — Visible markers for rear cars

Page 571 TITLE 49—TRANSPORTATION § 20133 and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and mainte- nance of automated track inspection cars and equipment in connection with the automated track inspection program. (Added Pub. L. 114–94, div. A, title XI, § 11413(a), Dec. 4, 2015, 129 Stat. 1688.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY § 20131. Restricted access to rolling equipment The Secretary of Transportation shall pre- scribe regulations and issue orders that may be necessary to require that when railroad carrier employees (except train or yard crews) assigned to inspect, test, repair, or service rolling equip- ment have to work on, under, or between that equipment, every manually operated switch, in- cluding each crossover switch, providing access to the track on which the equipment is located is lined against movement to that track and se- cured by an effective locking device that can be removed only by the class or craft of employees performing the inspection, testing, repair, or service. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 872.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20131 .......... 45:431(g) (1st sen- tence cl. (1)). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(g) (1st sentence cl. (1)); added July 8, 1976, Pub. L. 94–348, § 5(b),

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