49 U.S.C. § 20702 — Inspections, repairs, and inspection and

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.) 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,