49 U.S.C. § 20135 — Licensing or certification of locomotive

Page 573 TITLE 49—TRANSPORTATION § 20135 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 873; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, § 208(c), Oct. 16, 2008, 122 Stat. 4876.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20134(a) ...... 45:433(b). Oct. 16, 1970, Pub. L. 91–458, § 204(b), 84 Stat. 972. 20134(b) ...... 45:431(q). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §§ 202(q), 215(a), (b); added June 22, 1988, Pub. L. 100–342, §§ 20, 23, 102 Stat. 638, 639; Sept. 3, 1992, Pub. L. 102–365, § 2(4), 106 Stat. 972. 20134(c) ...... 45:445(a), (b). In subsection (a), the words ‘‘In addition’’ are omit- ted as surplus. The word ‘‘maintain’’ is substituted for ‘‘undertake’’ for clarity because the effort has begun. The words ‘‘the objective of’’ are omitted as surplus. The words ‘‘To carry out this section, the Secretary may use’’ are added for clarity. In subsection (b), the words ‘‘Not later than June 22, 1989’’ are substituted for ‘‘within one year after June 22, 1988’’ for clarity. In subsection (c)(1), before clause (A), and (2), the word ‘‘Secretary’’ is substituted for ‘‘Federal Railroad Administration’’ for clarity and consistency in the re- vised title. In this restatement, the Secretary of Trans- portation carries out all laws. However, this subsection is based on source provisions that provide that the Fed- eral Railroad Administration carries out the sub- section. A cross-reference to this subsection has been included in 49:103 to preserve duties and powers under this subsection to the Administrator of the Federal Railroad Administration. In subsection (c)(1), before clause (A), the words ‘‘and incidents’’ are added for consistency in this part. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–432 inserted at end ‘‘The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway- rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guide- lines for the administration of this authority.’’ 1996—Subsec. (c)(2). Pub. L. 104–287 substituted ‘‘Com- mittee on Transportation and Infrastructure’’ for ‘‘Committee on Energy and Commerce’’. Statutory Notes and Related Subsidiaries PEDESTRIAN CROSSING SAFETY Pub. L. 110–432, div. A, title II, § 201, Oct. 16, 2008, 122 Stat. 4868, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall provide guidance to railroads on strate- gies and methods to prevent pedestrian accidents, inci- dents, injuries, and fatalities at or near passenger sta- tions, including— ‘‘(1) providing audible warning of approaching trains to the pedestrians at railroad passenger sta- tions; ‘‘(2) using signs, signals, or other visual devices to warn pedestrians of approaching trains; ‘‘(3) installing infrastructure at pedestrian cross- ings to improve the safety of pedestrians crossing railroad tracks; ‘‘(4) installing fences to prohibit access to railroad tracks; and ‘‘(5) other strategies or methods as determined by the Secretary.’’ [For definitions of ‘‘crossing’’, ‘‘Secretary’’, and ‘‘railroad’’, as used in section 201 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.] § 20135. Licensing or certification of locomotive operators (a) GENERAL.—The Secretary of Transpor- tation shall prescribe regulations and issue or- ders to establish a program requiring the licens- ing or certification, after one year after the pro- gram is established, of any operator of a loco- motive. (b) PROGRAM REQUIREMENTS.—The program es- tablished under subsection (a) of this section— (1) shall be carried out through review and approval of each railroad carrier’s operator qualification standards; (2) shall provide minimum training require- ments; (3) shall require comprehensive knowledge of applicable railroad carrier operating practices and rules; (4) except as provided in subsection (c)(1) of this section, shall require consideration, to the extent the information is available, of the motor vehicle driving record of each indi- vidual seeking licensing or certification, in- cluding— (A) any denial, cancellation, revocation, or suspension of a motor vehicle operator’s li- cense by a State for cause within the prior 5 years; and (B) any conviction within the prior 5 years of an offense described in section 30304(a)(3)(A) or (B) of this title; (5) may require, based on the individual’s driving record, disqualification or the grant- ing of a license or certification conditioned on requirements the Secretary prescribes; and (6) shall require an individual seeking a li- cense or certification— (A) to request the chief driver licensing of- ficial of each State in which the individual has held a motor vehicle operator’s license within the prior 5 years to provide informa- tion about the individual’s driving record to the individual’s employer, prospective em- ployer, or the Secretary, as the Secretary requires; and (B) to make the request provided for in section 30305(b)(4) of this title for informa- tion to be sent to the individual’s employer, prospective employer, or the Secretary, as the Secretary requires. (c) WAIVERS.—(1) The Secretary shall prescribe standards and establish procedures for waiving subsection (b)(4) of this section for an individual or class of individuals who the Secretary decides are not currently unfit to operate a locomotive. However, the Secretary may waive subsection (b)(4) for an individual or class of individuals with a conviction, cancellation, revocation, or suspension described in paragraph (2)(A) or (B) of this subsection only if the individual or class, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilita- tion program established by a railroad carrier or approved by the Secretary. (2) If an individual, after the conviction, can- cellation, revocation, or suspension, successfully Page 574 TITLE 49—TRANSPORTATION § 20136 completes a rehabilitation program established by a railroad carrier or approved by the Sec- retary, the individual may not be denied a li- cense or certification under subsection (b)(4) of this section because of— (A) a conviction for operating a motor vehi- cle when under the influence of, or impaired by, alcohol or a controlled substance; or (B) the cancellation, revocation, or suspen- sion of the individual’s motor vehicle opera- tor’s license for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance. (d) OPPORTUNITY FOR HEARING.—An individual denied a license or certification or whose license or certification is conditioned on requirements prescribed under subsection (b)(4) of this section shall be entitled to a hearing under section 20103(e) of this title to decide whether the li- cense has been properly denied or conditioned. (e) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMATION.—The Secretary, employer, or pro- spective employer, as appropriate, shall make information obtained under subsection (b)(6) of this section available to the individual. The in- dividual shall be given an opportunity to com- ment in writing about the information. Any comment shall be included in any record or file maintained by the Secretary, employer, or pro- spective employer that contains information to which the comment is related. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 874.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20135(a) ...... 45:431(i)(1). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(i); added June 22, 1988, Pub. L. 100–342, §§ 4(a), 7(b), 102 Stat. 625, 628; Sept. 3, 1992, Pub. L. 102–365, § 2(1), 106 Stat. 972. 20135(b) ...... 45:431(i)(2). 20135(c)(1) .. 45:431(i)(4). 20135(c)(2) .. 45:431(i)(6). 20135(d) ...... 45:431(i)(5). 20135(e) ...... 45:431(i)(3). In subsection (a), the words ‘‘within 12 months after June 22, 1988’’ are omitted as executed. The words ‘‘in- cluding any locomotive engineer’’ are omitted as sur- plus. The words ‘‘after one year after’’ are substituted for ‘‘after the expiration of 12 months following’’ to eliminate unnecessary words. In subsection (b)(5), the word ‘‘requirements’’ is sub- stituted for ‘‘terms’’ for consistency in this section. In subsection (c)(1), the words ‘‘In establishing the program under this subsection’’ are omitted as surplus. § 20136. Automatic train control and related sys- tems The Secretary of Transportation shall pre- scribe regulations and issue orders to require that— (1) an individual performing a test of an automatic train stop, train control, or cab sig- nal apparatus required by the Secretary to be performed before entering territory where the apparatus will be used shall certify in writing that the test was performed properly; and (2) the certification required under clause (1) of this section shall be maintained in the same way and place as the daily inspection report for the locomotive. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 875; Pub. L. 103–429, § 6(19), Oct. 31, 1994, 108 Stat. 4379.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 20136 .......... 45:431(j). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(j); added June 22, 1988, Pub. L. 100–342, § 9, 102 Stat. 628. The words ‘‘Within 90 days after June 22, 1988’’ are omitted as expired. PUB. L. 103–429 This amends 49:20136(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 875). Editorial Notes AMENDMENTS 1994—Par. (2). Pub. L. 103–429 substituted ‘‘section’’ for ‘‘subsection’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 20137. Event recorders (a) DEFINITION.—In this section, ‘‘event re- corder’’ means a device that— (1) records train speed, hot box detection, throttle position, brake application, brake op- erations, and any other function the Secretary of Transportation considers necessary to record to assist in monitoring the safety of train operation, such as time and signal indi- cation; and (2) is designed to resist tampering. (b) REGULATIONS AND ORDERS.—Not later than December 22, 1989, the Secretary shall prescribe regulations and issue orders that may be nec- essary to enhance safety by requiring that a train be equipped with an event recorder not later than one year after the regulations are prescribed and the orders are issued. However, if the Secretary finds it is impracticable to equip trains within that one-year period, the Sec- retary may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 875.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20137 .......... 45:431(m). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(m); added June 22, 1988, Pub. L. 100–342, § 10, 102 Stat. 629. In subsection (b), the words ‘‘Not later than Decem- ber 22, 1989’’ are substituted for ‘‘within 18 months after June 22, 1988’’ for clarity. The words ‘‘may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued’’ are substituted for ‘‘may extend the deadline