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CITE-
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| File Type | application/msword |
|---|---|
| File Title | CITE- |
| Author | frauser1 |
| Last Modified By | Writer |
| File Modified | 2007-11-27 |
| File Created | 2026-06-04 |
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Extracted Text
CITE-
49 USC CHAPTER 209 - ACCIDENTS AND INCIDENTS 01/03/05
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 209 - ACCIDENTS AND INCIDENTS
-HEAD-
CHAPTER 209 - ACCIDENTS AND INCIDENTS
-MISC1-
Sec.
20901. Reports.
20902. Investigations.
20903. Reports not evidence in civil actions for damages.
-End-
-CITE-
49 USC Sec. 20901 01/03/05
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 209 - ACCIDENTS AND INCIDENTS
-HEAD-
Sec. 20901. Reports
-STATUTE-
(a) General Requirements. - Not later than 30 days after the end
of each month, a railroad carrier 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 reported 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 contributed to the accident or incident.
(b) Monetary Threshold for Reporting. - (1) In establishing or
changing a monetary threshold for the reporting of a railroad
accident or incident, the Secretary shall base damage cost
calculations only on publicly available information obtained from -
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or instrumentality 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 notice and comment process in a
proceeding of a Government department, agency, or
instrumentality.
(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 information
shall be subject to public notice and an opportunity for written
comment.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 886.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20901(a) 45:38 (1st May 6, 1910, ch. 208, Sec. 1
sentence). (1st sentence), 36 Stat.
350; restated Sept. 13,
1960, Pub. L. 86-762, Sec.
1, 74 Stat. 903; June 22,
1988, Pub. L. 100-342, Sec.
15(1)(A), (B), 102 Stat. 633.
45:39 (related to May 6, 1910, ch. 208, Sec. 2
time of filing (related to time of filing
report). report), 36 Stat. 351; Jan.
3, 1975, Pub. L. 93-633,
Sec. 204(b), 88 Stat. 2166;
June 22, 1988, Pub. L.
100-342, Sec. 15(2), 102
Stat. 634.
45:43a. June 22, 1988, Pub. L.
100-342, Sec. 24, 102 Stat.
639.
49 Oct. 15, 1966, Pub. L.
App.:1655(e)(1)(K). 89-670, Sec. 6(e)(1)(K), 80
Stat. 939.
20901(b) 45:38 (note). Sept. 3, 1992, Pub. L.
102-365, Sec. 15, 106 Stat.
981.
--------------------------------------------------------------------
In this section, the words "accident" and "incident" are used,
and the words "collision" and "derailment" are omitted, for
consistency in this part. The words "the general manager,
superintendent, or other proper officer of" in 45:38 are omitted as
surplus because any duty of a railroad carrier must necessarily be
carried out through its proper officers and agents. The text of
45:38 (1st sentence proviso) is omitted as executed.
In subsection (b), the words "or incident" are added for
consistency. The text of section 15(c) of the Rail Safety
Enforcement and Review Act (Pub. L. 102-365, 106 Stat. 981) is
omitted as executed.
-End-
-CITE-
49 USC Sec. 20902 01/03/05
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 209 - ACCIDENTS AND INCIDENTS
-HEAD-
Sec. 20902. Investigations
-STATUTE-
(a) General Authority. - The Secretary of Transportation, or an
impartial investigator authorized by the Secretary, may investigate
-
(1) an accident or incident resulting in serious injury to an
individual or to railroad property, occurring on the railroad
line of a railroad carrier; and
(2) an accident or incident reported under section 20505 of
this title.
(b) Other Duties and Powers. - In carrying out an investigation,
the Secretary or authorized investigator may subpena witnesses,
require the production of records, exhibits, and other evidence,
administer oaths, and take testimony. If the accident or incident
is investigated by a commission of the State in which it occurred,
the Secretary, if convenient, shall carry out the investigation at
the same time as, and in coordination with, the commission's
investigation. The railroad carrier on whose railroad line the
accident or incident occurred shall provide reasonable facilities
to the Secretary for the investigation.
(c) Reports. - When in the public interest, the Secretary shall
make a report of the investigation, stating the cause of the
accident or incident and making recommendations the Secretary
considers appropriate. The Secretary shall publish the report in a
way the Secretary considers appropriate.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 887.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20902(a) 45:40 (1st May 6, 1910, ch. 208, Sec.
sentence, 2d 3, 36 Stat. 351; June 22,
sentence words 1988, Pub. L. 100-342, Sec.
between 1st and 2d 15(3), 102 Stat. 634.
commas).
49 App.:26(f) Feb. 4, 1887, ch. 104, 24
(words after last Stat. 379, Sec. 25(f) (words
semicolon). after last semicolon); added
Feb. 28, 1920, ch. 91, Sec.
441, 41 Stat. 498; restated
Aug. 26, 1937, ch. 818, 50
Stat. 836; Sept. 18, 1940,
ch. 722, Sec. 14(b), 54
Stat. 919.
49 Oct. 15, 1966, Pub. L.
App.:1655(e)(1)(K). 89-670, Sec. 6(e)(1)(K), 80
Stat. 939.
20902(b) 45:40 (2d sentence
less words between
1st and 2d commas).
20902(c) 45:40 (3d, last
sentences).
--------------------------------------------------------------------
In this section, the words "accident" and "incident" are used,
and the words "collision" and "derailment" are omitted, for
consistency in this part.
Subsection (a)(2) is substituted for the text of 49 App.:26(f)
(words after last semicolon) for clarity.
In subsection (b), the words "In carrying out an investigation"
are substituted for "shall have authority to investigate such
collisions, derailments, or other accidents aforesaid, and all the
attending facts, conditions, and circumstances, and for that
purpose" to eliminate unnecessary words. The words "books, papers,
orders, memoranda" are omitted as being included in "papers". The
words "in coordination with" are substituted for "in connection
with" for clarity. The words "The railroad carrier on whose
railroad line the accident or incident occurred" are added for
clarity.
In subsection (c), the words "When in the public interest" are
substituted for "when he deems it to the public interest" to
eliminate unnecessary words.
-End-
-CITE-
49 USC Sec. 20903 01/03/05
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 209 - ACCIDENTS AND INCIDENTS
-HEAD-
Sec. 20903. Reports not evidence in civil actions for damages
-STATUTE-
No part of an accident or incident report filed by a railroad
carrier under section 20901 of this title or made by the Secretary
of Transportation under section 20902 of this title may be used in
a civil action for damages resulting from a matter mentioned in the
report.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 887.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
20903 45:41. May 6, 1910, ch. 208, Sec.
4, 36 Stat. 351.
--------------------------------------------------------------------
The words "civil action" are substituted for "suit or action" for
consistency in the revised title and with other titles of the
United States Code.
-End-