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45 U.S.C. § 22 to 43a — Repealed.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

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45 U.S.C. § 22 to 43a — Repealed.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

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Source location: Title 45, Chapter 1, § 22 to 43a; chapter-001-safety-appliances-and-equipment-on-railroad-engines-and-cars-and-protection-of-employees-and-travelers.md

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### 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. 659; June 27, 1930, ch. 644, § 1, 46 Stat. 822, which provided for the pay of chief inspector, assistant inspectors, and district directors of locomotives, and related to office allowances for each inspector, and which were cited as a credit to section 24, were repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643, 646, 648. Section 25, acts Feb. 17, 1911, ch. 103, § 3, 36 Stat. 914; June 7, 1924, ch. 355, § 3, 43 Stat. 659; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27, 1947, ch. 85, § 1, 61 Stat. 120, provided for location of office of director of locomotive inspection in Washington, D.C., and for staffing of such office, and was previously omitted pursuant to Reorg. Plan No. 3 of 1965, formerly set out in the Appendix to Title 5. Section 26, acts Feb. 17, 1911, ch. 103, § 4, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27, 1947, ch. 85, § 2, 61 Stat. 120, directed director of locomotive inspection to divide country into 50 locomotive boiler inspection districts so as to most effectively divide up work of inspector for each such district, and was previously omitted pursuant to Reorg. Plan No. 3 of 1965, formerly set out in the Appendix to Title 5, which abolished the offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, together with the function of the director of locomotive inspection with respect to dividing the country into districts. Acts June 26, 1918, ch. 105, 40 Stat. 616; June 27, 1930, ch. 644, § 2, 46 Stat. 823, which were cited as a credit to section 26, were repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643, 648. Section 27, act Feb. 17, 1911, ch. 103, § 4 (par), as added June 7, 1924, ch. 355, § 4, 43 Stat. 659; amended Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148, authorized appointment of 15 additional boiler inspectors over and above number authorized by [section 26 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section26&num=0&edition=prelim) as the needs of the service may require, and was previously omitted pursuant to Reorg. Plan No. 3 of 1965, formerly set out in the Appendix to Title 5. Section 28, acts Feb. 17, 1911, ch. 103, § 5, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E), 80 Stat. 939; June 22, 1988, Pub. L. 100–342, § 14(4), 102 Stat. 633, related to rules and instructions for inspection of locomotive boilers. See [section 20702 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20702&num=0&edition=prelim), Transportation. Section 29, acts Feb. 17, 1911, ch. 103, § 6, 36 Stat. 915; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E), 80 Stat. 939; Oct. 10, 1980, Pub. L. 96–423, § 13, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, § 14(5), 102 Stat. 633, related to duties of district inspectors to make railroads inspect and repair locomotive boilers and notify railroads when boilers were not in serviceable condition and provided that railroads could appeal to director of locomotive inspection to have boiler reexamined and could then appeal to Secretary of Transportation if district inspector’s decision was sustained by director. See [section 20702 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20702&num=0&edition=prelim). Section 30, acts Mar. 4, 1915, ch. 169, § 2, 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148, related to powers, duties, and examinations of locomotive inspectors and provided that provisions of sections 22 to 29 and 31 to 34 of this title were applicable to all parts of locomotives and tenders. See sections 20701 to 20703 and 21302 of Title 49. Section 31, acts Feb. 17, 1911, ch. 103, § 7, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E), 80 Stat. 939, related to annual report of director of locomotive inspection to Secretary of Transportation. Section 32, acts Feb. 17, 1911, ch. 103, § 8, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; June 22, 1988, Pub. L. 100–342, § 14(6), 102 Stat. 633, required railroad to report accidents resulting from failure of locomotive boilers or appurtenances to director of locomotive inspection and to preserve disabled parts for inspection, investigation, and report by director. See [section 20703 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20703&num=0&edition=prelim), Transportation. Section 33, acts Feb. 17, 1911, ch. 103, § 8, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E), 80 Stat. 939; Jan. 3, 1975, Pub. L. 93–633, title III, § 304, 88 Stat. 2168, related to reports by Secretary of Transportation of accident investigations conducted pursuant to [section 32 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section32&num=0&edition=prelim). See [section 20703 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20703&num=0&edition=prelim). Section 34, acts Feb. 17, 1911, ch. 103, § 9, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; Aug. 14, 1957, Pub. L. 85–135, § 3, 71 Stat. 352; July 8, 1976, Pub. L. 94–348, § 3(c), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, § 7(c), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, § 8(c), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, § 14(7), 102 Stat. 633; Sept. 3, 1992, Pub. L. 102–365, §§ 4(a)(1), (c)(7), 9(a)(8), 106 Stat. 973, 975, 978, related to penalty for willful violations of sections 22 to 29 and 31 to 34 of this title, or rules or regulations made thereunder, or any lawful order of any inspector, duty of United States attorney to sue for such violations, and duty of director of locomotive inspection to inform proper United States attorney of violations coming to his knowledge. See sections 21302 and 21304 of Title 49. Section 35, acts June 30, 1906, No. 46, 34 Stat. 838; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(H), 80 Stat. 939, directed Secretary of Transportation to investigate and report on block-signal systems and appliances for automatic control of trains and empowered Secretary to obtain evidence to carry out and give effect to this provision. Section 36, acts May 27, 1908, ch. 200, § 1, 35 Stat. 325; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(I), 80 Stat. 939, related to investigation and testing by Secretary of Transportation of appliances or systems to promote safety of railway operation. See [section 20504 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20504&num=0&edition=prelim), Transportation. Section 37, acts May 27, 1908, ch. 200, § 1, 35 Stat. 325; Mar. 4, 1909, ch. 299, § 1, 35 Stat. 965; Aug. 12, 1970, Pub. L. 91–375, § 4(a), 84 Stat. 773, related to inspection of mail cars. See [section 20305 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20305&num=0&edition=prelim). Section 38, acts May 6, 1910, ch. 208, § 1, 36 Stat. 350; Sept. 13, 1960, Pub. L. 86–762, § 1, 74 Stat. 903; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939; June 22, 1988, Pub. L. 100–342, § 15(1), 102 Stat. 633, related to duty of railroad to make monthly reports of railroad accidents to Secretary of Transportation and defined “railroad” for purposes of sections 38 to 43 of this title. See sections 20102 and 20901 of Title 49. Section 39, acts May 6, 1910, ch. 208, § 2, 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, title II, § 204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 15(2), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, § 4(a)(3), 106 Stat. 973, related to penalty for failure of railroad to make report provided for in [section 38 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section38&num=0&edition=prelim). See sections 20901 and 21311 of Title 49. Section 40, acts May 6, 1910, ch. 208, § 3, 36 Stat. 351; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939; Jan. 3, 1975, Pub. L. 93–633, title III, § 304, 88 Stat. 2168; June 22, 1988, Pub. L. 100–342, § 15(3), 102 Stat. 634, authorized Secretary of Transportation to investigate railroad accidents, with proviso that Secretary cooperate with State commissions in such investigations if convenient and make reports of such investigations when in the public interest. See [section 20902 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20902&num=0&edition=prelim). Section 41, act May 6, 1910, ch. 208, § 4, 36 Stat. 351, provided that reports required by sections 38 and 40 of this title were not admissible as evidence in suits for damages. See [section 20903 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20903&num=0&edition=prelim). Section 42, acts May 6, 1910, ch. 208, § 5, 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, § 2, 74 Stat. 904; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939, authorized Secretary of Transportation to prescribe rules, regulations, and forms for making reports as necessary to implement and effectuate purposes of sections 38 to 43 of this title. Section 43, acts May 6, 1910, ch. 208, § 7, 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, § 3, 74 Stat. 904; June 22, 1988, Pub. L. 100–342, § 15(4), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, §§ 4(a)(1), (c)(5), 9(a)(6), 106 Stat. 973, 974, 978, related to penalty for willful violations by any person of sections 38 to 43 of this title or any rule, regulation, order, or standard issued under such sections or the Federal Railroad Safety Act of 1970 (formerly 45 U.S.C. § 431 et seq.) and duty of United States attorney to sue for such violations. See sections 21302 and 21304 of Title 49, Transportation. Section 43a, Pub. L. 100–342, § 24, June 22, 1988, 102 Stat. 639, related to accident reports in which railroads assign human error as cause of accident or incident and provision that such reports contain an explanatory statement by employees involved. See [section 20901 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20901&num=0&edition=prelim). #### Short Title Act May 6, 1910, ch. 208, 36 Stat. 350, as amended, popularly known as the “Accident Reports Act”, was classified to sections 38 to 43 of this title prior to repeal by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.

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

49 U.S.C. § 20102 — Definitions

In this part— (1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations. (2) “railroad”— (A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including— (i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and (ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but (B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose. (4) “safety-related railroad employee” means— (A) a railroad employee who is subject to chapter 211; (B) another operating railroad employee who is not subject to chapter 211; (C) an employee who maintai

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49 U.S.C. § 20703 — Accident reports and investigations

**(a) Accident Reports and Scene Preservation.—** When the failure of a locomotive, tender, or locomotive or tender part or appurtenance results in an accident or incident causing serious personal injury or death, the railroad carrier owning or operating the locomotive or tender— (1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and (2) when the locomotive is disabled to the extent it cannot be operated under its own power, shall preserve intact all parts affected by the accident or incident, if possible without interfering with traffic, until an investigation of the accident or incident is completed. **(b) Investigations.—** The Secretary shall— (1) investigate each accident and incident reported under subsection (a) of this section; (2) inspect each part affected by the accident or incident; and (3) make a complete and detailed report on the cause of the accident or incident. **(c) Publication and Use of Investigation Reports.—** When the Secretary considers publication to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the accident or incident and making appropriate recommendations. No part of a report may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.

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49 U.S.C. § 20504 — Inspection, testing, and investigation

**(a) Systems in Use.—** (1) The Secretary of Transportation may— (A) inspect and test a signal system used by a railroad carrier; and (B) decide whether the system is in safe operating condition. (2) In carrying out this subsection, the Secretary may employ only an individual who— (A) has no interest in a patented article required to be used on or with a signal system; and (B) has no financial interest in a railroad carrier or in a concern dealing in railroad supplies. **(b) Systems Submitted for Investigation and Testing.—** The Secretary may investigate, test, and report on the use of and need for a signal system, without cost to the United States Government, when the system is submitted in completed shape for investigation and testing.

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49 U.S.C. § 20701 — Requirements for use

A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances— (1) are in proper condition and safe to operate without unnecessary danger of personal injury; (2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and (3) can withstand every test prescribed by the Secretary under this chapter.

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

49 U.S.C. § 20702 — Inspections, repairs, and inspection and repair reports

**(a) General.—** The Secretary of Transportation shall— (1) become familiar, so far as practicable, with the condition of every locomotive and tender and its parts and appurtenances; (2) inspect every locomotive and tender and its parts and appurtenances as necessary to carry out this chapter, but not necessarily at stated times or at regular intervals; and (3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary and repairs every defect that is disclosed by an inspection before a defective locomotive, tender, part, or appurtenance is used again. **(b) Noncomplying Locomotives, Tenders, and Parts.—** (1) When the Secretary finds that a locomotive, tender, or locomotive or tender part or appurtenance owned or operated by a railroad carrier does not comply with this chapter or a regulation prescribed under this chapter, the Secretary shall give the carrier written notice describing any defect resulting in noncompliance. Not later than 5 days after receiving the notice of noncompliance, the carrier may submit a written request for a reinspection. On receiving the request, the Secretary shall provide for the reinspection by an officer or employee of the Department of Transportation who did not make the original inspection. The reinspection shall be made not later than 15 days after the date the Secretary gives the notice of noncompliance. (2) Immediately after the reinspection is completed, the Secretary shall give written notice to the railroad carrier stating whether the locomotive, tender, part, or appurtenance is in compliance. If the original finding of noncompliance is sustained, the carrier has 30 days after receipt of the notice to file an appea

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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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49 U.S.C. § 20901 — Reports

**(a) General Requirements.—** Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident. **(b) Monetary Threshold for Reporting.—** (1) In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from— (A) the Bureau of Labor Statistics; or (B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality. (2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.

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49 U.S.C. § 20305 — Inspection of mail cars

The Secretary of Transportation shall inspect the construction, adaptability, design, and condition of mail cars used on railroads in the United States. The Secretary shall make a report on the inspection and submit a copy of the report to the United States Postal Service.

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

49 U.S.C. § 20902 — Investigations

**(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, c

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45 U.S.C. § 431 — Untitled legal text

Page 147 TITLE 45—RAILROADS §§ 431 to 447 1 See References in Text note below. crease in employers’ contribution rate are adequate for such purpose, which is now covered by section 303(b) of Pub. L. 88–133, set out as a note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1963 AMENDMENT Pub. L. 88–133, title III, § 303(c), Oct. 5, 1963, 77 Stat. 222, provided that the amendment made by such section 303(c) is effective with respect to contributions col- lected on compensation paid after Dec. 31, 1963. REPAYMENT BY ACCOUNT OF ADVANCES FROM GENERAL FUND OF TREASURY FROM CONTRIBUTIONS COLLECTED ON COMPENSATION PAID AFTER DECEMBER 31, 1963 Pub. L. 88–133, title III, § 303(b), Oct. 5, 1963, 77 Stat. 222, provided that: ‘‘Effective with respect to contribu- tions collected by the Railroad Retirement Board pur- suant to section 8(f) of the Railroad Unemployment In- surance Act [section 358(f) of this title] on compensa- tion paid after December 31, 1963, that part of such con- tributions equal to one-fourth of 1 per centum of the compensation on which such contributions are based shall, notwithstanding the provisions of section 10(b) of such Act [section 360(b) of this title], be applied by the Board exclusively for transfers from the railroad unem- ployment insurance account to the general fund of the Treasury until the full amount advanced from the gen- eral fund of the Treasury to the railroad unemploy- ment insurance account pursuant to section 4 of the Temporary Extended Railroad Unemployment Insur- ance Benefits Act of 1961 [this section] has been re- paid.’’ § 404. Temporary increase in employers’ con- tribution rate Notwithstanding the provisions of section 358(a)2 1 of this title, the rate of contribution re- quired to be paid under

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