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49 U.S.C. § 20303 — Moving defective and insecure vehicles needing repairs
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** A vehicle that is equipped in compliance with this chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, without a penalty being imposed under [section 21302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21302&num=0&edition=prelim), from the place at which the defect or insecurity was first discovered to the nearest available place at which the repairs can be made—
(1) on the railroad line on which the defect or insecurity was discovered; or
(2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection.
**(b) Use of Chains Instead of Drawbars.—** A vehicle in a revenue train or in association with commercially-used vehicles may be moved under this section with chains instead of drawbars only when the vehicle contains livestock or perishable freight.
**(c) Liability.—** The movement of a vehicle under this section is at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising from the movement of a vehicle with equipment that is defective, insecure, or not maintained in compliance with this chapter.
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Stable record: federal_law:legal_authorities:record_usc_da92c96882358d8a0f409900
Source file: Laws/federal/codes/united-states-code/title-49/section-20303-moving-defective-and-insecure-vehicles-needing-repairs--b464215573.md
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Source location: Title 49, Chapter 203, § 20303; chapter-203-safety-appliances.md
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**(a) General.—** A vehicle that is equipped in compliance with this chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, without a penalty being imposed under [section 21302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21302&num=0&edition=prelim), from the place at which the defect or insecurity was first discovered to the nearest available place at which the repairs can be made—
(1) on the railroad line on which the defect or insecurity was discovered; or
(2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection.
**(b) Use of Chains Instead of Drawbars.—** A vehicle in a revenue train or in association with commercially-used vehicles may be moved under this section with chains instead of drawbars only when the vehicle contains livestock or perishable freight.
**(c) Liability.—** The movement of a vehicle under this section is at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising from the movement of a vehicle with equipment that is defective, insecure, or not maintained in compliance with this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 a regulation prescribed or order issued under chapter 201 of this title related to accident and incident reporting or investigation, or violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209, 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. A separate violation occurs for each day the violation continues.
(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, and any effect on the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
**(b) Civil Actions To Collect.—** The
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** Except as provided in subsection (c) of this section and [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20303&num=0&edition=prelim), a railroad carrier may use or allow to be used on any of its railroad lines—
(1) a vehicle only if it is equipped with—
(A) couplers coupling automatically by impact, and capable of being uncoupled, without the necessity of individuals going between the ends of the vehicles;
(B) secure sill steps and efficient hand brakes; and
(C) secure ladders and running boards when required by the Secretary of Transportation, and, if ladders are required, secure handholds or grab irons on its roof at the top of each ladder;
(2) except as otherwise ordered by the Secretary, a vehicle only if it is equipped with secure grab irons or handholds on its ends and sides for greater security to individuals in coupling and uncoupling vehicles;
(3) a vehicle only if it complies with the standard height of drawbars required by regulations prescribed by the Secretary;
(4) a locomotive only if it is equipped with a power-driving wheel brake and appliances for operating the train-brake system; and
(5) a train only if—
(A) enough of the vehicles in the train are equipped with power or train brakes so that the engineer on the locomotive hauling the train can control the train’s speed without the necessity of brake operators using the common hand brakes for that purpose; and
(B) at least 50 percent of the vehicles in the train are equipped with power or train brakes and the engineer is using the power or train brakes on those vehicles and on all other vehicles equipped with them that are associated with those vehicles in the train.
**(b) Refusal To Receive Vehicles Not Prop
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20302
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Federal law — U.S. Code and appendices · legal_authorities
Page 604
TITLE 49—TRANSPORTATION
§ 20303
eighteen hundred and ninety-eight’’, and ‘‘That from
and after the first day of July, eighteen hundred and
ninety-five’’ in sections 1, 2, and 4, respectively, of the
Act of March 2, 1893 (ch. 196, 27 Stat. 531), are omitted
as obsolete. The words ‘‘a railroad carrier . . . on any
of its railroad lines’’ are substituted for ‘‘any railroad
. . . on its line’’ in 45:1, ‘‘any such railroad . . . on its
line’’ in 45:2, ‘‘any railroad company’’ in 45:4, ‘‘railroads
in the Territories and the District of Columbia . . .
used on any railroad, and in the Territories and the
District of Columbia’’ in 45:8, ‘‘Whenever, as provided
in sections 1 to 7 of this title’’ and ‘‘any railroad’’ in
45:9, and ‘‘any railroad subject to the provisions of sec-
tions 11 to 16 of this title . . . on its line’’ in 45:11 for
clarity, for consistency in the revised title, to elimi-
nate unnecessary words, and because of the definition
of ‘‘railroad carrier’’ in section 20102 of the revised
title. See Southern Ry. Co. v. United States, 222 U.S. 20,
26 (1911). In clauses (1)–(3), the word ‘‘vehicle’’ is sub-
stituted for ‘‘any car’’ in 45:2, ‘‘car’’ in 45:4, ‘‘all trains,
locomotives, tenders, cars, and similar vehicles used on
. . . all other locomotives, tenders, cars, and similar
vehicles used in connection therewith’’ in 45:8, and
‘‘any car subject to the provisions of said sections . . .
to wit: All cars’’ in 45:11, and ‘‘any car or vehicle’’ in
45:12 for clarity, for consistency in the revised title, to
eliminate unnecessary words, and because of the defini-
tion of ‘‘vehicle’’ in section 20301 of the revised title. In
clause (1)(A), a comma is placed after the word ‘‘uncou-
pled’’ for clarity. See Johnson v. Southern Pacific Co.,
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20303
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