49 U.S.C. § 20303 — Moving defective and insecure vehicles

Page 604 TITLE 49—TRANSPORTATION § 20303 eighteen hundred and ninety-eight’’, and ‘‘That from and after the first day of July, eighteen hundred and ninety-five’’ in sections 1, 2, and 4, respectively, of the Act of March 2, 1893 (ch. 196, 27 Stat. 531), are omitted as obsolete. The words ‘‘a railroad carrier . . . on any of its railroad lines’’ are substituted for ‘‘any railroad . . . on its line’’ in 45:1, ‘‘any such railroad . . . on its line’’ in 45:2, ‘‘any railroad company’’ in 45:4, ‘‘railroads in the Territories and the District of Columbia . . . used on any railroad, and in the Territories and the District of Columbia’’ in 45:8, ‘‘Whenever, as provided in sections 1 to 7 of this title’’ and ‘‘any railroad’’ in 45:9, and ‘‘any railroad subject to the provisions of sec- tions 11 to 16 of this title . . . on its line’’ in 45:11 for clarity, for consistency in the revised title, to elimi- nate unnecessary words, and because of the definition of ‘‘railroad carrier’’ in section 20102 of the revised title. See Southern Ry. Co. v. United States, 222 U.S. 20, 26 (1911). In clauses (1)–(3), the word ‘‘vehicle’’ is sub- stituted for ‘‘any car’’ in 45:2, ‘‘car’’ in 45:4, ‘‘all trains, locomotives, tenders, cars, and similar vehicles used on . . . all other locomotives, tenders, cars, and similar vehicles used in connection therewith’’ in 45:8, and ‘‘any car subject to the provisions of said sections . . . to wit: All cars’’ in 45:11, and ‘‘any car or vehicle’’ in 45:12 for clarity, for consistency in the revised title, to eliminate unnecessary words, and because of the defini- tion of ‘‘vehicle’’ in section 20301 of the revised title. In clause (1)(A), a comma is placed after the word ‘‘uncou- pled’’ for clarity. See Johnson v. Southern Pacific Co., 196 U.S. 1, 18 (1904). In clause (1)(C), the words ‘‘by the Sec- retary of Transportation’’ are added for clarity because of 45:12. In clause (3), the words ‘‘required by regula- tions prescribed by the Secretary’’ are substituted for ‘‘the standard now fixed or the standard so prescribed . . . the standard so prescribed by the Secretary’’ in 45:12 for clarity and to eliminate unnecessary words. The words ‘‘Said Secretary is given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effec- tive and obligatory’’ are omitted as surplus because of 49:322(a). The words ‘‘and prior to the time so fixed . . . and after the time so fixed’’ are omitted as surplus. In clause (4), the word ‘‘locomotive’’ is substituted for ‘‘any locomotive engine’’ in 45:1 and ‘‘all trains, loco- motives, tenders, cars, and similar vehicles used on . . . all other locomotives, tenders, cars, and similar vehi- cles used in connection therewith’’ in 45:8 for clarity and to eliminate unnecessary words. In clause (5)(B), the words ‘‘the engineer is using the power or train brakes on those vehicles and on all other vehicles equipped with them that are associated with those ve- hicles in the train’’ are substituted for ‘‘their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said 50 per centum shall have their brakes so used and operated’’ and ‘‘all . . . locomotives, tenders, cars, and similar ve- hicles’’ for clarity and consistency in this section. The text of section 2 (2d sentence) of the Act of March 2, 1903 (ch. 976, 32 Stat. 943), as added by section (1)(b) of the Power or Train Brakes Safety Appliance Act of 1958 (Public Law 85–375, 72 Stat. 86), is omitted as executed. In subsection (b), the words ‘‘A railroad carrier com- plying with subsection (a)(5)(A) of this section’’ are substituted for ‘‘any railroad shall have equipped a suf- ficient number of its cars so as to comply with the pro- visions of section 1 of this title’’ in 45:3 and ‘‘The provi- sions and requirements of sections 1 to 7 of this title shall be held to apply to railroads in the Territories and the District of Columbia’’ in 45:8 for clarity, for consistency in this section, and because of the defini- tion of ‘‘railroad carrier’’ in section 20102 of the revised title. The words ‘‘a vehicle that is not equipped with power or train brakes that will work and readily inter- change with the power or train brakes in use on the ve- hicles of the complying railroad carrier’’ are sub- stituted for ‘‘any cars not equipped sufficiently, in ac- cordance with said section, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by sections 1 to 7 of this title’’ in 45:3 for clarity and to eliminate unnecessary words. In subsection (c), the words ‘‘Notwithstanding sub- section (a)(1)(B) of this section’’ are added for clarity. In subsection (d)(1), the words ‘‘change . . . only for . . . and after’’ are substituted for ‘‘shall remain as the standards of equipment to be used on all cars subject to the provisions of sections 11 to 16 of this title, unless changed by an order of said Secretary of Transpor- tation to be made after . . . and for’’ for clarity and to eliminate unnecessary words. The text of section 3 (proviso) of the Act of April 14, 1910 (ch. 160, 36 Stat. 298), is omitted as obsolete. In subsection (d)(2), the text of 45:9 (2d sentence words before proviso) is omitted as executed. In subsection (d)(3), the words ‘‘to more fully carry into effect the objects of said sections’’ and ‘‘from time to time’’ are omitted as surplus. The words ‘‘an oppor- tunity for’’ are added for clarity and consistency in the revised title and with other titles of the Code. The words ‘‘equipped and used’’ are substituted for ‘‘oper- ated’’ for consistency in this section. In subsection (e), the words ‘‘and may avail himself of the advice and assistance of any department, commis- sion, or board of the United States Government, and of State governments’’ are omitted as unnecessary be- cause of 49:301(6) and (7) and 322(c). The words ‘‘but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law’’ are omitted as surplus because of 5:5533. § 20303. Moving defective and insecure vehicles needing repairs (a) GENERAL.—A vehicle that is equipped in compliance with this chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, with- out a penalty being imposed under section 21302 of this title, from the place at which the defect or insecurity was first discovered to the nearest available place at which the repairs can be made— (1) on the railroad line on which the defect or insecurity was discovered; or (2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection. (b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a revenue train or in association with commercially-used vehicles may be moved under this section with chains instead of drawbars only when the vehicle contains livestock or per- ishable freight. (c) LIABILITY.—The movement of a vehicle under this section is at the risk only of the rail- road carrier doing the moving. This section does not relieve a carrier from liability in a pro- ceeding to recover damages for death or injury of a railroad employee arising from the move- ment of a vehicle with equipment that is defec- tive, insecure, or not maintained in compliance with this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 882.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20303(a) ...... 45:13 (2d sentence proviso words be- fore 1st semi- colon). Apr. 14, 1910, ch. 160, § 4 (2d sentence proviso), 36 Stat. 299; Jan. 14, 1983, Pub. L. 97–468, § 704, 96 Stat. 2580. Page 605 TITLE 49—TRANSPORTATION § 20306 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 20303(b) ...... 45:13 (2d sentence proviso words after last semi- colon). 20303(c) ...... 45:13 (2d sentence proviso words be- tween semi- colons). In subsections (a) and (b), the word ‘‘moved’’ is sub- stituted for ‘‘hauled’’ and ‘‘hauling’’ for consistency in this section. In subsection (a), before clause (1), the words ‘‘A vehi- cle that is equipped in compliance with this chapter’’ are substituted for ‘‘where any car shall have been properly equipped, as provided in sections 1 to 16 of this title’’ to eliminate unnecessary words. The words ‘‘while such car was being used by such carrier upon its line of railroad’’ are omitted as surplus since this chap- ter only applies in the case of vehicles used by railroad carriers on their railroad lines. The word ‘‘neverthe- less’’ is added for clarity. The words ‘‘when necessary to make repairs’’ are substituted for ‘‘if any such move- ment is necessary to make such repairs and such re- pairs cannot be made except at any such repair point’’ to eliminate unnecessary words. The words ‘‘without a penalty being imposed under section 21302 of this title’’ are substituted for ‘‘without liability for the penalties imposed by this section or section 6 of this title’’ be- cause of the restatement. In subsection (b), the words ‘‘A vehicle . . . may be moved under this section . . . only when’’ are sub- stituted for ‘‘and nothing in this proviso shall be con- strued to permit the hauling of defective cars . . . un- less’’ for clarity and to eliminate unnecessary words. In subsection (c), the word ‘‘hauling’’ is omitted for consistency in this section. The word ‘‘proceeding’’ is substituted for ‘‘remedial action’’ for consistency in the revised title and to ensure that administrative, as well as court proceedings, are included. The words ‘‘to recover damages’’ are added for clarity. The words ‘‘arising from’’ are substituted for ‘‘caused . . . by rea- son of or in connection with’’ to eliminate unnecessary words. § 20304. Assumption of risk by employees An employee of a railroad carrier injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not assume the risk of injury resulting from the violation, even if the employee continues to be employed by the carrier after learning of the violation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20304 .......... 45:7. Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, § 13(1)(H), 102 Stat. 631. 45:8 (words before 16th comma). Mar. 2, 1903, ch. 976, § 1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, § 13(2)(A), 102 Stat. 631. The words ‘‘after learning of the violation’’ are sub- stituted for ‘‘after the unlawful use of such locomotive, car, or train had been brought to his knowledge’’ in 45:7 for clarity. § 20305. Inspection of mail cars The Secretary of Transportation shall inspect the construction, adaptability, design, and con- dition of mail cars used on railroads in the United States. The Secretary shall make a re- port on the inspection and submit a copy of the report to the United States Postal Service. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20305 .......... 45:37. May 27, 1908, ch. 200, § 1 (6th par. last sentence under heading ‘‘Interstate Com- merce Commission’’), 35 Stat. 325. Mar. 4, 1909, ch. 299, § 1 (6th par. last sentence under heading ‘‘Interstate Com- merce Commission’’), 35 Stat. 965. 49 App.:1655(e)(1)(I), (J). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(I), (J), 80 Stat. 939. The words ‘‘United States Postal Service’’ are sub- stituted for ‘‘Postmaster General’’ because of sections 4(a) and 5(e) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 775). § 20306. Exemption for technological improve- ments (a) GENERAL.—Subject to subsection (b) of this section, the Secretary of Transportation may exempt from the requirements of this chapter railroad equipment or equipment that will be operated on rails, when those requirements pre- clude the development or implementation of more efficient railroad transportation equip- ment or other transportation innovations under existing law. (b) CONDITIONS FOR EXEMPTION.—The Secretary may grant an exemption under subsection (a) of this section only on the basis of— (1) findings based on evidence developed at a hearing; or (2) an agreement between national railroad labor representatives and the developer of the new equipment or technology. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20306 .......... 45:1013. May 30, 1980, Pub. L. 96–254, § 117, 94 Stat. 406. In subsection (a), the words ‘‘Notwithstanding any other provision of law’’ and ‘‘the mandatory require- ments of’’ are omitted as surplus. The words ‘‘existing law’’ are substituted for ‘‘the existing statutes’’ for consistency in the revised title. In subsection (b), the words before clause (1) are added because of the restatement. Clause (1) is sub- stituted for ‘‘after a hearing and consistent with find- ings based upon evidence developed therein’’ to elimi- nate unnecessary words. In clause (2), the words ‘‘an agreement’’ are substituted for ‘‘expressions of agree- ment’’ to eliminate unnecessary words. CHAPTER 205—SIGNAL SYSTEMS Sec. 20501. Definition. 20502. Requirements for installation and use. 20503. Amending regulations and changing require- ments. 20504. Inspection, testing, and investigation. 20505. Reports of malfunctions and accidents.