49 U.S.C. § 28103 — Limitations on rail passenger transpor-

Page 744 TITLE 49—TRANSPORTATION § 28102 pletes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State. (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in- service training academy or Federal law en- forcement training center. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452; Pub. L. 114–94, div. A, title XI, § 11412(a), Dec. 4, 2015, 129 Stat. 1687.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 26101 .......... 45:446. Nov. 29, 1990, Pub. L. 101–647, § 1704, 104 Stat. 4846. The words ‘‘to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction’’ are placed before clause (1) rather than at the end of clause (4), as in the source provision, to re- flect the probable intent of Congress. Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94, § 11412(a)(1), sub- stituted ‘‘directly employed by or contracted by’’ for ‘‘employed by’’ in introductory provisions. Subsec. (b). Pub. L. 114–94, § 11412(a)(1), (2), sub- stituted ‘‘directly employed by or contracted by’’ for ‘‘employed by’’ and inserted ‘‘or agent, as applicable,’’ after ‘‘an employee’’. Subsecs. (c), (d). Pub. L. 114–94, § 11412(a)(3), added subsecs. (c) and (d). 2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1994—Pub. L. 103–440 renumbered section 26101 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. REGULATIONS Pub. L. 114–94, div. A, title XI, § 11412(b), Dec. 4, 2015, 129 Stat. 1688, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall revise the regu- lations in part 207 of title 49, Code of Federal Regula- tions (relating to railroad police officers), to permit a railroad to designate an individual, who is commis- sioned in the individual’s State of legal residence or State of primary employment and directly employed by or contracted by a railroad to enforce State laws for the protection of railroad property, personnel, pas- sengers, and cargo, to serve in the States in which the railroad owns property.’’ § 28102. Limit on certain accident or incident li- ability (a) GENERAL.—When a publicly financed com- muter transportation authority established under Virginia law makes a contract to indem- nify Amtrak for liability for operations con- ducted by or for the authority or to indemnify a rail carrier over whose tracks those operations are conducted, liability against Amtrak, the au- thority, or the carrier for all claims (including punitive damages) arising from an accident or incident in the District of Columbia related to those operations may not be more than the lim- its of the liability coverage the authority main- tains to indemnify Amtrak or the carrier. (b) MINIMUM REQUIRED LIABILITY COVERAGE.— A publicly financed commuter transportation authority referred to in subsection (a) of this section must maintain a total minimum liabil- ity coverage of at least $200,000,000. (c) EFFECTIVENESS.—This section is effective only after Amtrak or a rail carrier seeking an indemnification contract under this section makes an operating agreement with a publicly financed commuter transportation authority es- tablished under Virginia law to provide access to its property for revenue transportation re- lated to the operations of the authority. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 940, § 26102; renumbered § 28102, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 26102(a) ...... 45:649(a) (1st sen- tence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 810; added July 6, 1990, Pub. L. 101–322, § 3, 104 Stat. 295. 26102(b) ...... 45:649(a) (last sen- tence). 26102(c) ...... 45:649(b). In subsection (a), the words ‘‘Notwithstanding any other provision of law’’, ‘‘whether for compensatory or’’, and ‘‘occurring’’ are omitted as surplus. In subsection (c), the words ‘‘an indemnification con- tract’’ are substituted for ‘‘coverage’’ for clarity. Editorial Notes AMENDMENTS 1994—Pub. L. 103–440 renumbered section 26102 of this title as this section. § 28103. Limitations on rail passenger transpor- tation liability (a) LIMITATIONS.—(1) Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to dam- ages or liability, in a claim for personal injury to a passenger, death of a passenger, or damage to property of a passenger arising from or in connection with the provision of rail passenger transportation, or from or in connection with any rail passenger transportation operations over or rail passenger transportation use of right-of-way or facilities owned, leased, or main- tained by any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State, punitive damages, to the extent permitted by applicable State law, may be awarded in connection with any such claim only if the plaintiff establishes by clear and convincing evidence that the harm that is the subject of the action was the result of con- duct carried out by the defendant with a con- Page 745 TITLE 49—TRANSPORTATION § 28301 scious, flagrant indifference to the rights or safety of others. If, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, this paragraph shall not apply. (2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000. (b) CONTRACTUAL OBLIGATIONS.—A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims. (c) MANDATORY COVERAGE.—Amtrak shall maintain a total minimum liability coverage for claims through insurance and self-insurance of at least $200,000,000 per accident or incident. (d) EFFECT ON OTHER LAWS.—This section shall not affect the damages that may be recovered under the Act of April 27, 1908 (45 U.S.C. 51 et seq.; popularly known as the ‘‘Federal Employ- ers’ Liability Act’’) or under any workers com- pensation Act. (e) DEFINITION.—For purposes of this section— (1) the term ‘‘claim’’ means a claim made— (A) against Amtrak, any high-speed rail- road authority or operator, any commuter authority or operator, any rail carrier, or any State; or (B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or op- erator, any rail carrier, or any State; (2) the term ‘‘punitive damages’’ means dam- ages awarded against any person or entity to punish or deter such person or entity, or oth- ers, from engaging in similar behavior in the future; and (3) the term ‘‘rail carrier’’ includes a person providing excursion, scenic, or museum train service, and an owner or operator of a pri- vately owned rail passenger car. (Added Pub. L. 105–134, title I, § 161(a), Dec. 2, 1997, 111 Stat. 2577.) Editorial Notes REFERENCES IN TEXT The Federal Employers’ Liability Act, referred to in subsec. (d), is act Apr. 22, 1908, ch. 149, 35 Stat. 65, which is classified generally to chapter 2 (§ 51 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 51 of Title 45 and Tables. Statutory Notes and Related Subsidiaries ADJUSTMENT BASED ON CONSUMER PRICE INDEX Pub. L. 114–94, div. A, title XI, § 11415(b), Dec. 4, 2015, 129 Stat. 1689, provided that: ‘‘The liability cap under section 28103(a)(2) of title 49, United States Code, shall be adjusted on the date of enactment of this Act [Dec. 4, 2015] to reflect the change in the Consumer Price Index-All Urban Consumers between such date and De- cember 2, 1997, and the Secretary [of Transportation] shall provide appropriate public notice of such adjust- ment. The adjustment of the liability cap shall be ef- fective 30 days after such notice. Every fifth year after the date of enactment of this Act, the Secretary shall adjust such liability cap to reflect the change in the Consumer Price Index-All Urban Consumers since the last adjustment. The Secretary shall provide appro- priate public notice of each such adjustment, and the adjustment shall become effective 30 days after such notice.’’ CHAPTER 283—STANDARD WORK DAY Sec. 28301. General. 28302. Penalties. § 28301. General (a) EIGHT HOUR DAY.—In contracts for labor and service, 8 hours shall be a day’s work and the standard day’s work for determining the compensation for services of an employee em- ployed by a common carrier by railroad subject to subtitle IV of this title and actually engaged in any capacity in operating trains used for transporting passengers or property on railroads from— (1) a State of the United States or the Dis- trict of Columbia to any other State or the District of Columbia; (2) one place in a territory or possession of the United States to another place in the same territory or possession; (3) a place in the United States to an adja- cent foreign country; or (4) a place in the United States through a foreign country to any other place in the United States. (b) APPLICATION.—Subsection (a) of this sec- tion— (1) does not apply to— (A) an independently owned and operated railroad not exceeding one hundred miles in length; (B) an electric street railroad; and (C) an electric interurban railroad; but (2) does apply to an independently owned and operated railroad less than one hundred miles in length— (A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or (B) engaged in transfers of freight between railroads or between railroads and industrial plants. (Added Pub. L. 104–287, § 5(56)(A), Oct. 11, 1996, 110 Stat. 3394.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 28301 .......... 45:65. Sept. 3, 5, 1916, ch. 436, § 1, 39 Stat. 721. (uncodified). Sept. 3, 5, 1916, ch. 436, §§ 2, 3, 39 Stat. 721. In subsection (a), the word ‘‘determining’’ is sub- stituted for ‘‘reckoning’’ for clarity. The words ‘‘who are not or may hereafter be employed’’ are omitted as surplus. In clause (1), the words ‘‘or territory’’ are omitted because the existing territories of the United States are now connected to the United States by rail. In clause (2), the words ‘‘or possession of the United States’’ are added for consistency in the revised title and with other titles of the United States Code. The text of sections 2 and 3 of the Act of September 3, 5, 1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed provisions.