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49 U.S.C. § 21106 — Limitations on employee sleeping quarters

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

49 U.S.C. § 21106 — Limitations on employee sleeping quarters

**(a) In General.—** A railroad carrier and its officers and agents— (1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; and (2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed. **(b) Camp Cars.—** Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a). **(c) Regulations.—** Not later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section. **(d) Compliance and Enforcement.—** The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced

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Stable record: federal_law:legal_authorities:record_usc_a6cc58a4be902aed057d41fd
Source file: Laws/federal/codes/united-states-code/title-49/section-21106-limitations-on-employee-sleeping-quarters--9cec19ac13.md
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Source location: Title 49, Chapter 211, § 21106; chapter-211-hours-of-service.md

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

49 U.S.C. § 21303 — Chapter 211 violations

**(a) Penalty.—** (1) Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating chapter 211 of this title, including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), or violating any provision of a waiver applicable to that person that has been granted under [section 21108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21108&num=0&edition=prelim), is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of [section 21106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21106&num=0&edition=prelim), a separate violation occurs for each day a facility is not in compliance. (2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000. (3) The Secretary may compromise the amount of the civil penalty under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim). In determining the amount of a compromise, the Secretary shall consider— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay,

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

49 U.S.C. § 21106 — Limitations on employee sleeping quar-

Page 617 TITLE 49—TRANSPORTATION § 21106 tion the number of hours an individual is on duty’’ for clarity. In paragraph (2), the word ‘‘actually’’ is omit- ted as surplus. In subsection (c), the word ‘‘actual’’ is omitted as surplus. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–432, § 108(c)(1), added subsec. (a) and struck out former subsec. (a) which lim- ited the amount of time spent on duty by signal em- ployees. Subsec. (b)(3). Pub. L. 110–432, § 108(c)(2), substituted ‘‘duty.’’ for ‘‘duty, except that up to one hour of that time spent returning from the final trouble call of a pe- riod of continuous or broken service is time off duty.’’ Subsec. (c). Pub. L. 110–432, § 108(c)(3), inserted at end ‘‘A signal employee may not be allowed to remain or go on duty under the emergency authority provided under this subsection to conduct routine repairs, routine maintenance, or routine inspection of signal systems.’’ Subsecs. (d), (e). Pub. L. 110–432, § 108(c)(4), added sub- secs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–432 effective 9 months after Oct. 16, 2008, see section 108(g) of Pub. L. 110–432, set out as a note under section 21101 of this title. § 21105. Limitations on duty hours of dispatching service employees (a) APPLICATION.—This section applies, rather than section 21103 or 21104 of this title, to a train employee or signal employee during any period of time the employee is performing duties of a dispatching service employee. (b) GENERAL.—Except as provided in sub- section (d) of this section, a dispatching service employee may not be required or allowed to re- main or go on duty for more than— (1) a total of 9 hours during a 24-hour period in a tower,

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