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

Page 609 TITLE 49—TRANSPORTATION § 20703 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20702(a) ...... 45:29 (1st–3d sen- tences). Feb. 17, 1911, ch. 103, § 6, 36 Stat. 915; Apr. 22, 1940, ch. 124, § 1(1)–(3) (related to § 6 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; Oct. 10, 1980, Pub. L. 96–423, § 13, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, § 14(5), 102 Stat. 633. 45:30 (1st sentence related to 45:29, last sentence). Mar. 4, 1915, ch. 169, § 2 (1st sentence related to §§ 5, 6 of Act of Feb. 17, 1911, last sentence), 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. 49 App.:1655(e) (1)(E)–(G). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E)–(G), 80 Stat. 939. 20702(b) ...... 45:29 (6th, last sen- tences). 45:30 (1st sentence related to 45:29) 49 App.:1655(e) (1)(E)–(G). 20702(c) ...... 45:29 (4th, 5th sen- tences). 20702(d) ...... 45:28. Feb. 17, 1911, ch. 103, § 5, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1(1)–(3) (related to § 5 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, § 14(4), 102 Stat. 633. 45:30 (1st sentence related to 45:28). 49 App.:1655(e) (1)(E)–(G). In this section, the words ‘‘locomotive and tender and its parts and appurtenances’’ and ‘‘locomotive, tender, or locomotive or tender part or appurtenance’’ are sub- stituted for ‘‘locomotive boiler’’ and ‘‘boiler or boilers or apparatus pertaining thereto’’ in 45:29 and ‘‘the pro- vision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to loco- motive boilers and their appurtenances’’ in 45:30 for clarity and because of the restatement. In subsection (a), before clause (1), the word ‘‘shall’’ is substituted for ‘‘It shall be the duty of’’, ‘‘shall’’, and ‘‘His first duty shall be’’ in 45:29 and ‘‘shall . . . and shall have the same powers and duties with respect to all the parts and appurtenances of the locomotive and tender that they have with respect to the boiler of a lo- comotive and the appurtenances thereof’’ in 45:30 for clarity and to eliminate unnecessary words. In clause (1), the words ‘‘ordinarily housed or repaired in his dis- trict, and if any locomotive is ordinarily housed or re- paired in two or more districts, then the director of lo- comotive inspection or an assistant shall make such di- vision between inspectors as will avoid the necessity for duplication of work’’ in 45:29 are omitted as obso- lete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). In clause (2), the words ‘‘inspect . . . as necessary to carry out’’ are substituted for ‘‘make such personal in- spection . . . from time to time as may be necessary to fully carry out the provisions of’’ in 45:29 and ‘‘inspect’’ in 45:30 to eliminate unnecessary words. The words ‘‘under his care’’ and ‘‘as may be consistent with his other duties’’ in 45:29 are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). The words ‘‘but not necessarily’’ are substituted for ‘‘but he shall not be required to make such inspections’’ in 45:29 to elimi- nate unnecessary words. In clause (3), the words ‘‘in- spections of locomotives and tenders and their parts and appurtenances as required by regulations pre- scribed by the Secretary’’ are substituted for ‘‘inspec- tions in accordance with the rules and regulations es- tablished or approved by the Secretary of Transpor- tation’’ in 45:29 and ‘‘the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and ef- fect as it applies to locomotive boilers and their appur- tenances’’ in 45:30 for clarity and because of the re- statement. The words ‘‘a defective locomotive, tender, part, or appurtenance is used again’’ are substituted for ‘‘the boiler or boilers or appurtenances pertaining thereto are again put in service’’ in 45:29 for consist- ency in this subsection. The text of 45:30 (last sentence) is omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320), 49 App.:1655(e)(1)(E)–(G), and 5:ch. 33. In subsection (b), the word ‘‘reinspection’’ is sub- stituted for ‘‘reexamination’’ for consistency in this chapter. In subsection (b)(1), the words ‘‘in the performance of his duty’’ in 45:29 are omitted as surplus. The words ‘‘owned or operated by a railroad carrier’’ are added for clarity and because of the words ‘‘owning or operating such locomotive’’ in 45:29 (last sentence). The words ‘‘does not comply with this chapter or a regulation pre- scribed under this chapter’’ are substituted for ‘‘not conforming to the requirements of the law or the rules and regulations established and approved as herein- before stated’’ in 45:29 to eliminate unnecessary words and because of the restatement. The words ‘‘describing any defect resulting in noncompliance’’ are substituted for ‘‘that the locomotive is not in serviceable condition . . . because of defects set out and described in said no- tice’’ for consistency in this section and to eliminate unnecessary words. The words ‘‘written request for a reinspection’’ are substituted for ‘‘appeal . . . by tele- graph or by letter to have said boiler reexamined’’ for clarity and to eliminate unnecessary words. The words ‘‘an officer or employee of the Department of Transpor- tation’’ are substituted for ‘‘one of the assistant direc- tors of locomotive inspection or any district inspector’’ because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). In subsection (b)(2), the words ‘‘Immediately after the reinspection is completed’’ are substituted for ‘‘upon such reexamination the boiler is found in serviceable condition . . . immediately’’ and ‘‘but if the reexamina- tion of said boiler sustains the decision of the district inspector . . . at once’’ in 45:29 to eliminate unneces- sary words. The words ‘‘give written notice . . . stating whether the locomotive, tender, part, or appurtenance is in compliance’’ are substituted for ‘‘in writing’’ and ‘‘that the appeal from the decision of the inspector is dismissed’’ for clarity and consistency in this sub- section. The words ‘‘after providing an opportunity for a proceeding’’ are substituted for ‘‘after hearing’’ as being more appropriate and for consistency in the re- vised title and with other titles of the United States Code. The words ‘‘may revise or set aside the finding of noncompliance’’ are substituted for ‘‘shall have power to revise, modify, or set aside such action . . . and de- clare that said locomotive is in serviceable condition and authorize the same to be operated’’ to eliminate unnecessary words. Subsection (b)(3) is substituted for ‘‘and thereafter such boiler shall not be used until in serviceable condi- tion’’ and ‘‘whereupon such boiler may be put into serv- ice without further delay’’ in 45:29 and the text of 45:29 (last proviso) for clarity and to eliminate unnecessary words. In subsection (c), before clause (1), the words ‘‘make and keep’’ are substituted for ‘‘keep’’ for clarity. Subsection (d) is substituted for the text of 45:28 (1st sentence last proviso) and 30 (1st sentence related to 45:28) for clarity and because of the restatement. § 20703. Accident reports and investigations (a) ACCIDENT REPORTS AND SCENE PRESERVA- TION.—When the failure of a locomotive, tender, Page 610 TITLE 49—TRANSPORTATION § 20901 or locomotive or tender part or appurtenance re- sults 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 re- ported 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 RE- PORTS.—When the Secretary considers publica- tion to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the acci- dent or incident and making appropriate rec- ommendations. No part of a report may be ad- mitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 886.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20703(a) ...... 45:30 (1st sentence related to 45:32). Mar. 4, 1915, ch. 169, § 2 (1st sentence related to § 8 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. 45:32 (1st, 3d sen- tences). Feb. 17, 1911, ch. 103, § 8, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1(1)–(3) (related to § 8 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, § 14(6), 102 Stat. 633. 49 App.:1655(e) (1)(E)–(G). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(E)–(G), 80 Stat. 939. 20703(b) ...... 45:32 (2d, last sen- tences). 20703(c) ...... 45:33. 49 App.:1655(e) (1)(E)–(G). In this section, the words ‘‘or incident’’ and ‘‘and in- cident’’ are added for consistency in this part. In subsection (a), before clause (1), the words ‘‘loco- motive, tender, or locomotive or tender part or appur- tenance . . . the locomotive or tender’’ are substituted for ‘‘locomotive boiler or its appurtenances . . . said lo- comotive’’ in 45:32 and the text of 45:30 (1st sentence re- lated to 45:32) for clarity and because of the restate- ment. The word ‘‘personal’’ is substituted for ‘‘to one or more persons’’ to eliminate unnecessary words. In clause (1), the word ‘‘immediately’’ is substituted for ‘‘forthwith’’ for consistency in this chapter. In clause (2), the words ‘‘operated under its own power’’ are sub- stituted for ‘‘cannot be run by its own steam’’ for clar- ity. The words ‘‘hindrance or’’ are omitted as being in- cluded in ‘‘interfering’’. The word ‘‘investigation’’ is substituted for ‘‘inspection’’ for consistency in this sec- tion. In subsection (c), the words ‘‘at any time call upon the director of locomotive inspection for a report of any accident embraced in section 32 of this title, and upon the receipt of said report’’ are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). The text of 45:33 (2d sentence) is omitted as surplus. The words ‘‘civil action’’ are substituted for ‘‘suit or ac- tion’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘resulting from’’ are substituted for ‘‘growing out of’’ for clarity. The words ‘‘or investigation’’ are omitted as unneces- sary because of the restatement. CHAPTER 209—ACCIDENTS AND INCIDENTS Sec. 20901. Reports. 20902. Investigations. 20903. Reports not evidence in civil actions for dam- ages. § 20901. Reports (a) GENERAL REQUIREMENTS.—Not later than 30 days after the end of each month, a railroad car- rier 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 re- ported 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 con- tributed to the accident or incident. (b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing or changing a monetary thresh- old for the reporting of a railroad accident or in- cident, the Secretary shall base damage cost calculations only on publicly available informa- tion obtained from— (A) the Bureau of Labor Statistics; or (B) another department, agency, or instru- mentality 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 no- tice and comment process in a proceeding of a Government department, agency, or instru- mentality. (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 informa- tion shall be subject to public notice and an op- portunity for written comment. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 886.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20901(a) ...... 45:38 (1st sentence). May 6, 1910, ch. 208, § 1 (1st sentence), 36 Stat. 350; re- stated Sept. 13, 1960, Pub. L. 86–762, § 1, 74 Stat. 903; June 22, 1988, Pub. L. 100–342, § 15(1)(A), (B), 102 Stat. 633. 45:39 (related to time of filing re- port). May 6, 1910, ch. 208, § 2 (re- lated to time of filing re- port), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, § 204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 15(2), 102 Stat. 634.