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

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be obligatory upon the railroad after a copy thereof shall have been served as above provided’’ are omitted as being superseded by 5:ch. 5, subch.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.