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

Page 607 TITLE 49—TRANSPORTATION § 20505 (1) when the carrier files with the Secretary a request for the amendment or change and the Secretary approves the request; or (2) on the Secretary’s own initiative for good cause shown. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 884.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20503 .......... 49 App.:26(c). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(c); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(3), (8), 102 Stat. 635, 636. 49 App.:1655(e)(6)(A). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(A), 80 Stat. 939. In this section, before clause (1), the text of 49 App.:26(c) (words before 2d proviso) is omitted as exe- cuted. The words ‘‘The Secretary of Transportation may amend . . . change’’ are substituted for ‘‘and ap- proved by the Secretary of Transportation’’ and ‘‘the Secretary may . . . revise, amend, or modify’’ for clar- ity and to eliminate unnecessary words. The words ‘‘regulation or . . . a requirement applicable to a rail- road carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter’’ are sub- stituted for ‘‘rules, standards, and instructions herein provided for’’ and ‘‘rules, standards, and instructions prescribed by him under this subsection’’ for clarity, for consistency in the revised title, and because of the restatement. Clause (1) is substituted for ‘‘such rail- road may from time to time change . . . but such change shall not take effect and the new rules, stand- ards, and instructions be enforced until they shall have been filed with’’ for clarity and to eliminate unneces- sary words. The words ‘‘and as revised, amended, or modified they shall be obligatory upon the railroad after a copy thereof shall have been served as above provided’’ are omitted as being superseded by 5:ch. 5, subch. II. § 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 op- erating condition. (2) In carrying out this subsection, the Sec- retary may employ only an individual who— (A) has no interest in a patented article re- quired 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 sup- plies. (b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING.—The Secretary may investigate, test, and report on the use of and need for a sig- nal system, without cost to the United States Government, when the system is submitted in completed shape for investigation and testing. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 884.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20504(a) ...... 49 App.:26(d). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(d); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(4), (8), 102 Stat. 635, 636. 49 App.:1655(e)(6)(A). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(I), (6)(A), 80 Stat. 939. 20504(b) ...... 45:36. May 27, 1908, ch. 200, § 1 (1st complete par. on p. 325), 35 Stat. 325. 49 App.:1655(e)(1)(I). In subsection (a)(1)(B), the words ‘‘safe operating con- dition’’ are substituted for ‘‘proper condition to operate and provide adequate safety’’ to eliminate unnecessary words. In subsection (a)(2), before clause (A), the text of 49:26(d) (2d sentence) is omitted because of 5:3101. The text of 49:26(d) (3d sentence) is omitted because of 5:ch. 33. The words ‘‘In carrying out this subsection, the Sec- retary may employ’’ are substituted for ‘‘shall be used for such purpose’’ for clarity. In clause (A), the words ‘‘either directly or indirectly’’ are omitted as surplus. In subsection (b), the word ‘‘experimentally’’ is omit- ted as surplus. The words ‘‘signal system’’ are sub- stituted for ‘‘any appliances or systems intended to promote the safety of railway operation’’ because of the definition of ‘‘signal system’’ in section 20501 of the revised title. The text of 45:36 (last sentence) is omitted because of 49:323. § 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 re- sults 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 884.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20505 .......... 49 App.:26(f) (words before last semi- colon). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(f) (words before last semicolon); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(6), (8), 102 Stat. 636. 49 App.:1655(e)(6)(A). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(A), 80 Stat. 939. The words ‘‘signal system’’ are substituted for ‘‘such systems, devices, or appliances’’ because of the defini- tion of ‘‘signal system’’ in section 20501 of the revised title. The word ‘‘indicate’’ is omitted as being included in ‘‘function’’. The words ‘‘or incident’’ are added for consistency in this part. The word ‘‘individual’’ is sub- stituted for ‘‘person’’, and the word ‘‘immediately’’ is substituted for ‘‘forthwith’’, for consistency in the re- vised title and with other titles of the United States Code. Page 608 TITLE 49—TRANSPORTATION § 20701 CHAPTER 207—LOCOMOTIVES Sec. 20701. Requirements for use. 20702. Inspections, repairs, and inspection and re- pair reports. 20703. Accident reports and investigations. § 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 oper- ate without unnecessary danger of personal in- jury; (2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chap- ter; and (3) can withstand every test prescribed by the Secretary under this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 885.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20701 .......... 45:23. Feb. 17, 1911, ch. 103, § 2, 36 Stat. 913; Mar. 4, 1915, ch. 169, § 1, 38 Stat. 1192; re- stated June 7, 1924, ch. 355, § 2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, § 14(2), 102 Stat. 632. 45:30 (1st sentence related to 45:23). Mar. 4, 1915, ch. 169, § 2 (1st sentence related to § 2 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148. 49 App.:1655(e)(1)(E), (F). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E), (F), 80 Stat. 939. In this section, before clause (1), the words ‘‘loco- motive or tender . . . locomotive or tender and its parts and appurtenances’’ are substituted for ‘‘loco- motive . . . locomotive, its boiler, tender, and all parts and appurtenances thereof’’ in 45:23 and ‘‘the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire lo- comotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances’’ in 45:30 for clarity and because of the restatement. In clause (1), the words ‘‘in the service to which the same are put’’ and ‘‘in the active service of such railroad’’ in 45:23 are omitted as surplus. The words ‘‘danger of personal injury’’ are substituted for ‘‘peril to life or limb’’ for clarity and consistency in this part. In clause (2), the words ‘‘from time to time’’ are omitted as surplus. The words ‘‘as required under this chapter and regulations prescribed by the Sec- retary of Transportation under this chapter’’ are sub- stituted for ‘‘in accordance with the provisions of sec- tions 22 to 29 and 31 to 34 of this title’’ for clarity and consistency. In clause (3), the words ‘‘prescribed by the Secretary under this chapter’’ are substituted for ‘‘pre- scribed in the rules and regulations hereinafter pro- vided for’’ for clarity and because of the restatement. § 20702. Inspections, repairs, and inspection and repair reports (a) GENERAL.—The Secretary of Transpor- tation 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 in- spection before a defective locomotive, tender, part, or appurtenance is used again. (b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1) When the Secretary finds that a lo- comotive, 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 noncompli- ance. Not later than 5 days after receiving the notice of noncompliance, the carrier may sub- mit a written request for a reinspection. On re- ceiving 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 non- compliance. (2) Immediately after the reinspection is com- pleted, the Secretary shall give written notice to the railroad carrier stating whether the loco- motive, tender, part, or appurtenance is in com- pliance. If the original finding of noncompliance is sustained, the carrier has 30 days after receipt of the notice to file an appeal with the Sec- retary. If the carrier files an appeal, the Sec- retary, after providing an opportunity for a pro- ceeding, may revise or set aside the finding of noncompliance. (3) A locomotive, tender, part, or appur- tenance found not in compliance under this sub- section may be used only after it is— (A) repaired to comply with this chapter and regulations prescribed under this chapter; or (B) found on reinspection or appeal to be in compliance. (c) REPORTS.—A railroad carrier shall make and keep, in the way the Secretary prescribes by regulation, a report of every— (1) inspection made under regulations pre- scribed by the Secretary; and (2) repair made of a defect disclosed by such an inspection. (d) CHANGES IN INSPECTION PROCEDURES.—A railroad carrier may change a rule or instruc- tion of the carrier governing the inspection by the carrier of the locomotives and tenders and locomotive and tender parts and appurtenances of the carrier when the Secretary approves a re- quest filed by the carrier to make the change. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 885.)