49 U.S.C. § 20304 — Assumption of risk by employees

Page 605 TITLE 49—TRANSPORTATION § 20306 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 20303(b) ...... 45:13 (2d sentence proviso words after last semi- colon). 20303(c) ...... 45:13 (2d sentence proviso words be- tween semi- colons). In subsections (a) and (b), the word ‘‘moved’’ is sub- stituted for ‘‘hauled’’ and ‘‘hauling’’ for consistency in this section. In subsection (a), before clause (1), the words ‘‘A vehi- cle that is equipped in compliance with this chapter’’ are substituted for ‘‘where any car shall have been properly equipped, as provided in sections 1 to 16 of this title’’ to eliminate unnecessary words. The words ‘‘while such car was being used by such carrier upon its line of railroad’’ are omitted as surplus since this chap- ter only applies in the case of vehicles used by railroad carriers on their railroad lines. The word ‘‘neverthe- less’’ is added for clarity. The words ‘‘when necessary to make repairs’’ are substituted for ‘‘if any such move- ment is necessary to make such repairs and such re- pairs cannot be made except at any such repair point’’ to eliminate unnecessary words. The words ‘‘without a penalty being imposed under section 21302 of this title’’ are substituted for ‘‘without liability for the penalties imposed by this section or section 6 of this title’’ be- cause of the restatement. In subsection (b), the words ‘‘A vehicle . . . may be moved under this section . . . only when’’ are sub- stituted for ‘‘and nothing in this proviso shall be con- strued to permit the hauling of defective cars . . . un- less’’ for clarity and to eliminate unnecessary words. In subsection (c), the word ‘‘hauling’’ is omitted for consistency in this section. The word ‘‘proceeding’’ is substituted for ‘‘remedial action’’ for consistency in the revised title and to ensure that administrative, as well as court proceedings, are included. The words ‘‘to recover damages’’ are added for clarity. The words ‘‘arising from’’ are substituted for ‘‘caused . . . by rea- son of or in connection with’’ to eliminate unnecessary words. § 20304. Assumption of risk by employees An employee of a railroad carrier injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not assume the risk of injury resulting from the violation, even if the employee continues to be employed by the carrier after learning of the violation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20304 .......... 45:7. Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, § 13(1)(H), 102 Stat. 631. 45:8 (words before 16th comma). Mar. 2, 1903, ch. 976, § 1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, § 13(2)(A), 102 Stat. 631. The words ‘‘after learning of the violation’’ are sub- stituted for ‘‘after the unlawful use of such locomotive, car, or train had been brought to his knowledge’’ in 45:7 for clarity. § 20305. Inspection of mail cars The Secretary of Transportation shall inspect the construction, adaptability, design, and con- dition of mail cars used on railroads in the United States. The Secretary shall make a re- port on the inspection and submit a copy of the report to the United States Postal Service. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20305 .......... 45:37. May 27, 1908, ch. 200, § 1 (6th par. last sentence under heading ‘‘Interstate Com- merce Commission’’), 35 Stat. 325. Mar. 4, 1909, ch. 299, § 1 (6th par. last sentence under heading ‘‘Interstate Com- merce Commission’’), 35 Stat. 965. 49 App.:1655(e)(1)(I), (J). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(I), (J), 80 Stat. 939. The words ‘‘United States Postal Service’’ are sub- stituted for ‘‘Postmaster General’’ because of sections 4(a) and 5(e) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 775). § 20306. Exemption for technological improve- ments (a) GENERAL.—Subject to subsection (b) of this section, the Secretary of Transportation may exempt from the requirements of this chapter railroad equipment or equipment that will be operated on rails, when those requirements pre- clude the development or implementation of more efficient railroad transportation equip- ment or other transportation innovations under existing law. (b) CONDITIONS FOR EXEMPTION.—The Secretary may grant an exemption under subsection (a) of this section only on the basis of— (1) findings based on evidence developed at a hearing; or (2) an agreement between national railroad labor representatives and the developer of the new equipment or technology. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20306 .......... 45:1013. May 30, 1980, Pub. L. 96–254, § 117, 94 Stat. 406. In subsection (a), the words ‘‘Notwithstanding any other provision of law’’ and ‘‘the mandatory require- ments of’’ are omitted as surplus. The words ‘‘existing law’’ are substituted for ‘‘the existing statutes’’ for consistency in the revised title. In subsection (b), the words before clause (1) are added because of the restatement. Clause (1) is sub- stituted for ‘‘after a hearing and consistent with find- ings based upon evidence developed therein’’ to elimi- nate unnecessary words. In clause (2), the words ‘‘an agreement’’ are substituted for ‘‘expressions of agree- ment’’ to eliminate unnecessary words. CHAPTER 205—SIGNAL SYSTEMS Sec. 20501. Definition. 20502. Requirements for installation and use. 20503. Amending regulations and changing require- ments. 20504. Inspection, testing, and investigation. 20505. Reports of malfunctions and accidents.