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49 U.S.C. § 20902 — Investigations

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

49 U.S.C. § 20902 — Investigations

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Source file: Laws/federal/codes/united-states-code/title-49/section-20902-investigations--7888cf9a84.md
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Source location: Title 49, Chapter 209, § 20902; chapter-209-accidents-and-incidents.md

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**(a) General Authority.—** The Secretary of Transportation, or an impartial investigator authorized by the Secretary, may investigate— (1) an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and (2) an accident or incident reported under [section 20505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20505&num=0&edition=prelim). **(b) Other Duties and Powers.—** In carrying out an investigation, the Secretary or authorized investigator may subpoena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or incident is investigated by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The railroad carrier on whose railroad line the accident or incident occurred shall provide reasonable facilities to the Secretary for the investigation. **(c) Reports.—** When in the public interest, the Secretary shall make a report of the investigation, stating the cause of the accident or incident and making recommendations the Secretary considers appropriate. The Secretary shall publish the report in a way the Secretary considers appropriate. **(d) Gathering Information and Technical Expertise.—** (1) **In general.—** — The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for— (A) gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and (B) consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation. (2) **Confidentiality.—** — In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if— (A) such entity requests confidentiality; (B) such entity was not involved in the accident or incident; and (C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration. (3) **Applicability.—** — This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.

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

49 U.S.C. § 20505 — Reports of malfunctions and accidents

In the way and to the extent required by the Secretary of Transportation, a railroad carrier shall report to the Secretary a failure of a signal system to function as intended. If the failure results in an accident or incident causing injury to an individual or property that is required to be reported under regulations prescribed by the Secretary, the carrier owning or maintaining the signal system shall report to the Secretary immediately in writing the fact of the accident or incident.

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

45 U.S.C. § 22 to 43a — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### 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

49 U.S.C. § 20903 — Reports not evidence in civil actions for damages

No part of an accident or incident report filed by a railroad carrier under [section 20901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20901&num=0&edition=prelim) or made by the Secretary of Transportation under [section 20902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20902&num=0&edition=prelim) may be used in a civil action for damages resulting from a matter mentioned in the report.

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

49 U.S.C. § 20902 — Investigations

Page 611 TITLE 49—TRANSPORTATION § 20902 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 45:43a. June 22, 1988, Pub. L. 100–342, § 24, 102 Stat. 639. 49 App.:1655(e)(1)(K). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939. 20901(b) ...... 45:38 (note). Sept. 3, 1992, Pub. L. 102–365, § 15, 106 Stat. 981. In this section, the words ‘‘accident’’ and ‘‘incident’’ are used, and the words ‘‘collision’’ and ‘‘derailment’’ are omitted, for consistency in this part. The words ‘‘the general manager, superintendent, or other proper officer of’’ in 45:38 are omitted as surplus because any duty of a railroad carrier must necessarily be carried out through its proper officers and agents. The text of 45:38 (1st sentence proviso) is omitted as executed. In subsection (b), the words ‘‘or incident’’ are added for consistency. The text of section 15(c) of the Rail Safety Enforcement and Review Act (Pub. L. 102–365, 106 Stat. 981) is omitted as executed. Statutory Notes and Related Subsidiaries SAFETY REPORTING Pub. L. 117–58, div. B, title II, § 22421(b), Nov. 15, 2021, 135 Stat. 750, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], and annually thereafter for the following 4 years, the Sec- retary [of Transportation] shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Acci- dent/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration— ‘‘(1) the number of cars and length of the involved trains; and ‘‘(2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident.’’ ACCIDENT AND I

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