CITE-
49 USC CHAPTER 211 - HOURS OF SERVICE 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
CHAPTER 211 - HOURS OF SERVICE
-MISC1-
Sec.
21101. Definitions.
21102. Nonapplication, exemption, and alternate hours of
service regime.
21103. Limitations on duty hours of train employees.
21104. Limitations on duty hours of signal employees.
21105. Limitations on duty hours of dispatching service
employees.
21106. Limitations on employee sleeping quarters.
21107. Maximum duty hours and subjects of collective
bargaining.
21108. Pilot projects.
21109. Regulatory authority.
AMENDMENTS
2008 - Pub. L. 110-432, div. A, title I, Sec. 108(d)(2),
(e)(2)(A), Oct. 16, 2008, 122 Stat. 4864, 4865, substituted item
21102 for former item 21102 "Nonapplication and exemption" and
added item 21109.
1994 - Pub. L. 103-440, title II, Sec. 203(b), Nov. 2, 1994, 108
Stat. 4620, added item 21108.
-End-
-CITE-
49 USC Sec. 21101 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21101. Definitions
-STATUTE-
In this chapter -
(1) "designated terminal" means the home or away-from-home
terminal for the assignment of a particular crew.
(2) "dispatching service employee" means an operator, train
dispatcher, or other train employee who by the use of an
electrical or mechanical device dispatches, reports, transmits,
receives, or delivers orders related to or affecting train
movements.
(3) "employee" means a dispatching service employee, a signal
employee, or a train employee.
(4) "signal employee" means an individual who is engaged in
installing, repairing, or maintaining signal systems.
(5) "train employee" means an individual engaged in or
connected with the movement of a train, including a hostler.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 888; Pub. L.
110-432, div. A, title I, Sec. 108(a), Oct. 16, 2008, 122 Stat.
4860.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21101(1) 45:61(b)(4) (1st Mar. 4, 1907, ch. 2939, 34
sentence). Stat. 1415, Sec. 1(b)(4)
(1st sentence); added Nov.
2, 1978, Pub. L. 95-574,
Sec. 6, 92 Stat. 2461.
21101(2)- (no source).
(4)
21101(5) 45:61(b)(2). Mar. 4, 1907, ch. 2939, Sec.
1(b)(2), 34 Stat. 1415;
restated Dec. 26, 1969, Pub.
L. 91-169, Sec. 1, 83 Stat.
463; July 8, 1976, Pub. L.
94-348, Sec. 4(c), 90 Stat.
818.
--------------------------------------------------------------------
Clause (2) is added to avoid the necessity of repeating the
substance of the definition every time a "dispatching service
employee" is referred to in this chapter. The language in clause
(2) is derived from 45:63.
Clause (3) is added to provide a definition of "employee" when
the source provisions apply to all types of employees covered by
this chapter.
Clause (4) is added to avoid the necessity of repeating the
substance of the definition every time a "signal employee" is
referred to in this chapter. The language in clause (4) is derived
from 45:63a.
In clause (5), the words "train employee" are substituted for
"employee" to distinguish the term from the terms "dispatching
service employee" and "signal employee". The word "actually" is
omitted as surplus.
AMENDMENTS
2008 - Par. (4). Pub. L. 110-432 struck out "employed by a
railroad carrier" after "individual".
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110-432, div. A, title I, Sec. 108(g), Oct. 16, 2008, 122
Stat. 4866, provided that: "The amendments made by subsections (a),
(b), and (c) [amending this section and sections 21103 and 21104 of
this title] shall take effect 9 months after the date of enactment
of this Act [Oct. 16, 2008]."
RECORD KEEPING AND REPORTING
Pub. L. 110-432, div. A, title I, Sec. 108(f), Oct. 16, 2008, 122
Stat. 4866, provided that:
"(1) Regulations. - Not later than 180 days after the date of
enactment of this Act [Oct. 16, 2008], the Secretary [of
Transportation] shall prescribe a regulation revising the
requirements for recordkeeping and reporting for Hours of Service
of Railroad Employees contained in part 228 of title 49, Code of
Federal Regulations -
"(A) to adjust record keeping and reporting requirements to
support compliance with chapter 211 of title 49, United States
Code, as amended by this Act;
"(B) to authorize electronic record keeping, and reporting of
excess service, consistent with appropriate considerations for
user interface; and
"(C) to require training of affected employees and supervisors,
including training of employees in the entry of hours of service
data.
"(2) Procedure. - In lieu of issuing a notice of proposed
rulemaking as contemplated by section 553 of title 5, United States
Code, the Secretary may utilize the Railroad Safety Advisory
Committee to assist in development of the regulation. The Secretary
may propose and adopt amendments to the revised regulations
thereafter as may be necessary in light of experience under the
revised requirements."
-End-
-CITE-
49 USC Sec. 21102 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21102. Nonapplication, exemption, and alternate hours of
service regime
-STATUTE-
(a) General. - This chapter does not apply to a situation
involving any of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforeseeable to
a railroad carrier or its officer or agent in charge of the
employee when the employee left a terminal.
(b) Exemption. - The Secretary of Transportation may exempt a
railroad carrier having not more than 15 employees covered by this
chapter from the limitations imposed by this chapter. The Secretary
may allow the exemption after a full hearing, for good cause shown,
and on deciding that the exemption is in the public interest and
will not affect safety adversely. The exemption shall be for a
specific period of time and is subject to review at least annually.
The exemption may not authorize a carrier to require or allow its
employees to be on duty more than a total of 16 hours in a 24-hour
period.
(c) Application of Hours of Service Regime to Commuter and
Intercity Passenger Railroad Train Employees. -
(1) When providing commuter rail passenger transportation or
intercity rail passenger transportation, the limitations on duty
hours for train employees of railroad carriers, including public
authorities operating passenger service, shall be solely governed
by old section 21103 until the earlier of -
(A) the effective date of regulations prescribed by the
Secretary under section 21109(b) of this chapter; or
(B) the date that is 3 years following the date of enactment
of the Rail Safety Improvement Act of 2008.
(2) After the date on which old section 21103 ceases to apply,
pursuant to paragraph (1), to the limitations on duty hours for
train employees of railroad carriers with respect to the
provision of commuter rail passenger transportation or intercity
rail passenger transportation, the limitations on duty hours for
train employees of such railroad carriers shall be governed by
new section 21103, except as provided in paragraph (3).
(3) After the effective date of the regulations prescribed by
the Secretary under section 21109(b) of this title, such carriers
shall -
(A) comply with the limitations on duty hours for train
employees with respect to the provision of commuter rail
passenger transportation or intercity rail passenger
transportation as prescribed by such regulations; and
(B) be exempt from complying with the provisions of old
section 21103 and new section 21103 for such employees.
(4) In this subsection:
(A) The terms "commuter rail passenger transportation" and
"intercity rail passenger transportation" have the meaning
given those terms in section 24102 of this title.
(C) (!1) The term "new section 21103" means section 21103 of
this chapter as amended by the Rail Safety Improvement Act of
2008.
(D) The term "old section 21103" means section 21103 of this
chapter as it was in effect on the day before the enactment of
that Act.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 888; Pub. L.
110-432, div. A, title I, Sec. 108(d)(1), Oct. 16, 2008, 122 Stat.
4863.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21102(a) 45:63a(d) (related Mar. 4, 1907, ch. 2939, 34
to 45:64a). Stat. 1415, Sec. 3A(d)
(related to Sec. 5); added
July 8, 1976, Pub. L.
94-348, Sec. 4(d), 90 Stat.
819; June 22, 1988, Pub. L.
100-342, Sec. 16(4), 102
Stat. 635.
45:64a(d). Mar. 4, 1907, ch. 2939, Sec.
5(d), 34 Stat. 1417;
restated Dec. 26, 1969, Pub.
L. 91-169, Sec. 1, 83 Stat.
464; June 22, 1988, Pub. L.
100-342, Sec. 16(6)(D), 102
Stat. 635.
21102(b) 45:63a(d) (related
to 45:64a).
45:64a(e). Mar. 4, 1907, ch. 2939, Sec.
5(e), 34 Stat. 1417;
restated Dec. 26, 1969, Pub.
L. 91-169, Sec. 1, 83 Stat.
464.
--------------------------------------------------------------------
In subsection (b), the words "with respect to one or more of its
employees" are omitted as surplus because the authority to exempt a
railroad carrier includes the authority to exempt only some of the
employees of the carrier. The words "carrier to require or allow
its employees to be on duty" are substituted for "any railroad
described in this section to work its employees" for clarity and
consistency in this chapter.
-REFTEXT-
REFERENCES IN TEXT
The Rail Safety Improvement Act of 2008, referred to in subsec.
(c)(1)(B), (4)(C), (D), is div. A of Pub. L. 110-432, Oct. 16,
2008, 122 Stat. 4848. For complete classification of this Act to
the Code, see Short Title of 2008 Amendment note set out under
section 20101 of this title and Tables.
-MISC2-
AMENDMENTS
2008 - Pub. L. 110-432, Sec. 108(d)(1)(A), substituted
"Nonapplication, exemption, and alternate hours of service regime"
for "Nonapplication and exemption" in section catchline.
Subsec. (c). Pub. L. 110-432, Sec. 108(d)(1)(B), added subsec.
(c).
-FOOTNOTE-
(!1) So in original. No subpar. (B) has been enacted.
-End-
-CITE-
49 USC Sec. 21103 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21103. Limitations on duty hours of train employees
-STATUTE-
(a) In General. - Except as provided in subsection (d) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to -
(1) remain on duty, go on duty, wait for deadhead
transportation, be in deadhead transportation from a duty
assignment to the place of final release, or be in any other
mandatory service for the carrier in any calendar month where the
employee has spent a total of 276 hours -
(A) on duty;
(B) waiting for deadhead transportation, or in deadhead
transportation from a duty assignment to the place of final
release; or
(C) in any other mandatory service for the carrier;
(2) remain or go on duty for a period in excess of 12
consecutive hours;
(3) remain or go on duty unless that employee has had at least
10 consecutive hours off duty during the prior 24 hours; or
(4) remain or go on duty after that employee has initiated an
on-duty period each day for -
(A) 6 consecutive days, unless that employee has had at least
48 consecutive hours off duty at the employee's home terminal
during which time the employee is unavailable for any service
for any railroad carrier except that -
(i) an employee may work a seventh consecutive day if that
employee completed his or her final period of on-duty time on
his or her sixth consecutive day at a terminal other than his
or her home terminal; and
(ii) any employee who works a seventh consecutive day
pursuant to subparagraph (i) shall have at least 72
consecutive hours off duty at the employee's home terminal
during which time the employee is unavailable for any service
for any railroad carrier; or
(B) except as provided in subparagraph (A), 7 consecutive
days, unless that employee has had at least 72 consecutive
hours off duty at the employee's home terminal during which
time the employee is unavailable for any service for any
railroad carrier, if -
(i) for a period of 18 months following the date of
enactment of the Rail Safety Improvement Act of 2008, an
existing collective bargaining agreement expressly provides
for such a schedule or, following the expiration of 18 months
after the date of enactment of the Rail Safety Improvement
Act of 2008, collective bargaining agreements entered into
during such period expressly provide for such a schedule;
(ii) such a schedule is provided for by a pilot program
authorized by a collective bargaining agreement; or
(iii) such a schedule is provided for by a pilot program
under section 21108 of this chapter related to employees'
work and rest cycles.
The Secretary may waive paragraph (4), consistent with the
procedural requirements of section 20103, if a collective
bargaining agreement provides a different arrangement and such an
arrangement is in the public interest and consistent with railroad
safety.
(b) Determining Time on Duty. - In determining under subsection
(a) of this section the time a train employee is on or off duty,
the following rules apply:
(1) Time on duty begins when the employee reports for duty and
ends when the employee is finally released from duty.
(2) Time the employee is engaged in or connected with the
movement of a train is time on duty.
(3) Time spent performing any other service for the railroad
carrier during a 24-hour period in which the employee is engaged
in or connected with the movement of a train is time on duty.
(4) Time spent in deadhead transportation to a duty assignment
is time on duty, but time spent in deadhead transportation from a
duty assignment to the place of final release is neither time on
duty nor time off duty.
(5) An interim period available for rest at a place other than
a designated terminal is time on duty.
(6) An interim period available for less than 4 hours rest at a
designated terminal is time on duty.
(7) An interim period available for at least 4 hours rest at a
place with suitable facilities for food and lodging is not time
on duty when the employee is prevented from getting to the
employee's designated terminal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure resulting from a
cause that was unknown and unforeseeable to the railroad
carrier or its officer or agent in charge of that employee when
that employee left the designated terminal.
(c) Limbo Time Limitation and Additional Rest Requirement. -
(1) A railroad carrier may not require or allow an employee -
(A) to exceed a total of 40 hours per calendar month spent -
(i) waiting for deadhead transportation; or
(ii) in deadhead transportation from a duty assignment to
the place of final release,
following a period of 12 consecutive hours on duty that is
neither time on duty nor time off duty, not including interim
rest periods, during the period from the date of enactment of
the Rail Safety Improvement Act of 2008 to one year after such
date of enactment; and
(B) to exceed a total of 30 hours per calendar month spent -
(i) waiting for deadhead transportation; or
(ii) in deadhead transportation from a duty assignment to
the place of final release,
following a period of 12 consecutive hours on duty that is
neither time on duty nor time off duty, not including interim
rest periods, during the period beginning one year after the
date of enactment of the Rail Safety Improvement Act of 2008
except that the Secretary may further limit the monthly
limitation pursuant to regulations prescribed under section
21109.
(2) The limitations in paragraph (1) shall apply unless the
train carrying the employee is directly delayed by -
(A) a casualty;
(B) an accident;
(C) an act of God;
(D) a derailment;
(E) a major equipment failure that prevents the train from
advancing; or
(F) a delay resulting from a cause unknown and unforeseeable
to a railroad carrier or its officer or agent in charge of the
employee when the employee left a terminal.
(3) Each railroad carrier shall report to the Secretary, in
accordance with procedures established by the Secretary, each
instance where an employee subject to this section spends time
waiting for deadhead transportation or in deadhead transportation
from a duty assignment to the place of final release in excess of
the requirements of paragraph (1).
(4) If -
(A) the time spent waiting for deadhead transportation or in
deadhead transportation from a duty assignment to the place of
final release that is not time on duty, plus
(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its
officers and agents shall provide the employee with additional
time off duty equal to the number of hours by which such sum
exceeds 12 hours.
(d) Emergencies. - A train employee on the crew of a wreck or
relief train may be allowed to remain or go on duty for not more
than 4 additional hours in any period of 24 consecutive hours when
an emergency exists and the work of the crew is related to the
emergency. In this subsection, an emergency ends when the track is
cleared and the railroad line is open for traffic.
(e) Communication During Time Off Duty. - During a train
employee's minimum off-duty period of 10 consecutive hours, as
provided under subsection (a) or during an interim period of at
least 4 consecutive hours available for rest under subsection
(b)(7) or during additional off-duty hours under subsection (c)(4),
a railroad carrier, and its officers and agents, shall not
communicate with the train employee by telephone, by pager, or in
any other manner that could reasonably be expected to disrupt the
employee's rest. Nothing in this subsection shall prohibit
communication necessary to notify an employee of an emergency
situation, as defined by the Secretary. The Secretary may waive the
requirements of this paragraph for commuter or intercity passenger
railroads if the Secretary determines that such a waiver will not
reduce safety and is necessary to maintain such railroads'
efficient operations and on-time performance of its trains.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 888; Pub. L.
110-432, div. A, title I, Sec. 108(b), Oct. 16, 2008, 122 Stat.
4860.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21103(a) 45:62(a)(1), (2). Mar. 4, 1907, ch. 2939, Sec.
2(a)(1), (2), 34 Stat. 1416;
restated Dec. 26, 1969, Pub.
L. 91-169, Sec. 1, 83 Stat.
463; July 8, 1976, Pub. L.
94-348, Sec. 4(a)(1), (2),
90 Stat. 818; June 22, 1988,
Pub. L. 100-342, Sec. 16(2),
102 Stat. 634.
21103(b) 45:61(b)(3). Mar. 4, 1907, ch. 2939,
Secs. 1(b)(3), 2(b), 34
Stat. 1415, 1416; restated
Dec. 26, 1969, Pub. L.
91-169, Sec. 1, 83 Stat. 463.
45:61(b)(4) (last Mar. 4, 1907, ch. 2939, 34
sentence). Stat. 1415, Sec. 1(b)(4)
(last sentence); added Nov.
2, 1978, Pub. L. 95-574,
Sec. 6, 92 Stat. 2461; June
22, 1988, Pub. L. 100-342,
Sec. 16(1)(C), 102 Stat. 634.
45:62(b).
21103(c) 45:62(c). Mar. 4, 1907, ch. 2939, Sec.
2(c), 34 Stat. 1416; Dec.
26, 1969, Pub. L. 91-169,
Sec. 1, 83 Stat. 464;
restated July 8, 1976, Pub.
L. 94-348, Sec. 4(b), 90
Stat. 818.
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "Except as
provided in subsection (c) of this section" are added to alert the
reader to the exception restated in subsection (c). The words
"train employee" are substituted for "employee" because of the
definition of "train employee" in section 21101 of the revised
title. In clause (2), the words "12 consecutive hours" are
substituted for "continuously . . . fourteen hours" and "except
that, effective upon the expiration of the two-year period
beginning on the effective date of this paragraph, such fourteen-
hour duty period shall be reduced to twelve hours" because the 2-
year period has ended.
In subsection (b), the words before paragraph (1) are added as
related to 45:61(b)(3) and (4) (last sentence) and substituted for
"In determining, for the purposes of subsection (a), the number of
hours an employee is on duty" in 45:62(b) for clarity. In
paragraphs (2) and (3), the word "actually" is omitted as surplus.
In paragraph (4), the words "neither time on duty nor time off
duty" are substituted for "time off duty" for clarity and
consistency with the source provisions restated in 21104(b)(3) and
(4) of the revised title. In paragraph (7), before clause (A), the
words "between designated terminals" are omitted as surplus. The
text of 45:61(b)(3)(E) is omitted as surplus because of the
restatement.
In subsection (c), the words "A train employee on" are added for
consistency in this section. The word "actual" is omitted as
surplus.
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Rail Safety Improvement Act of 2008,
referred to in subsecs. (a)(4)(B)(i) and (c)(1), is the date of
enactment of div. A of Pub. L. 110-432, which was approved Oct. 16,
2008.
-MISC2-
AMENDMENTS
2008 - Subsec. (a). Pub. L. 110-432, Sec. 108(b)(1), added
subsec. (a) and struck out former subsec. (a). Prior to amendment,
text read as follows: "Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to remain or go on duty -
"(1) unless that employee has had at least 8 consecutive hours
off duty during the prior 24 hours; or
"(2) after that employee has been on duty for 12 consecutive
hours, until that employee has had at least 10 consecutive hours
off duty."
Subsecs. (c), (d). Pub. L. 110-432, Sec. 108(b)(2), added subsec.
(c) and redesignated former subsec. (c) as (d).
Subsec. (e). Pub. L. 110-432, Sec. 108(b)(3), added subsec. (e).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-432 effective 9 months after Oct. 16,
2008, see section 108(g) of Pub. L. 110-432, set out as a note
under section 21101 of this title.
-End-
-CITE-
49 USC Sec. 21104 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21104. Limitations on duty hours of signal employees
-STATUTE-
(a) In General. - Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow its signal employees to remain or go on duty and a
contractor or subcontractor to a railroad carrier and its officers
and agents may not require or allow its signal employees to remain
or go on duty -
(1) for a period in excess of 12 consecutive hours; or
(2) unless that employee has had at least 10 consecutive hours
off duty during the prior 24 hours.
(b) Determining Time on Duty. - In determining under subsection
(a) of this section the time a signal employee is on duty or off
duty, the following rules apply:
(1) Time on duty begins when the employee reports for duty and
ends when the employee is finally released from duty.
(2) Time spent performing any other service for the railroad
carrier during a 24-hour period in which the employee is engaged
in installing, repairing, or maintaining signal systems is time
on duty.
(3) Time spent returning from a trouble call, whether the
employee goes directly to the employee's residence or by way of
the employee's headquarters, is neither time on duty nor time off
duty.
(4) If, at the end of scheduled duty hours, an employee has not
completed the trip from the final outlying worksite of the duty
period to the employee's headquarters or directly to the
employee's residence, the time after the scheduled duty hours
necessarily spent in completing the trip to the residence or
headquarters is neither time on duty nor time off duty.
(5) If an employee is released from duty at an outlying
worksite before the end of the employee's scheduled duty hours to
comply with this section, the time necessary for the trip from
the worksite to the employee's headquarters or directly to the
employee's residence is neither time on duty nor time off duty.
(6) Time spent in transportation on an ontrack vehicle,
including time referred to in paragraphs (3)-(5) of this
subsection, is time on duty.
(7) A regularly scheduled meal period or another release period
of at least 30 minutes but not more than one hour is time off
duty and does not break the continuity of service of the employee
under this section, but a release period of more than one hour is
time off duty and does break the continuity of service.
(c) Emergencies. - A signal employee may be allowed to remain or
go on duty for not more than 4 additional hours in any period of 24
consecutive hours when an emergency exists and the work of that
employee is related to the emergency. In this subsection, an
emergency ends when the signal system is restored to service. A
signal employee may not be allowed to remain or go on duty under
the emergency authority provided under this subsection to conduct
routine repairs, routine maintenance, or routine inspection of
signal systems.
(d) Communication During Time Off Duty. - During a signal
employee's minimum off-duty period of 10 consecutive hours, as
provided under subsection (a), a railroad carrier or a contractor
or subcontractor to a railroad carrier, and its officers and
agents, shall not communicate with the signal employee by
telephone, by pager, or in any other manner that could reasonably
be expected to disrupt the employee's rest. Nothing in this
subsection shall prohibit communication necessary to notify an
employee of an emergency situation, as defined by the Secretary.
(e) Exclusivity. - The hours of service, duty hours, and rest
periods of signal employees shall be governed exclusively by this
chapter. Signal employees operating motor vehicles shall not be
subject to any hours of service rules, duty hours or rest period
rules promulgated by any Federal authority, including the Federal
Motor Carrier Safety Administration, other than the Federal
Railroad Administration.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 889; Pub. L.
110-432, div. A, title I, Sec. 108(c), Oct. 16, 2008, 122 Stat.
4862.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21104(a) 45:63a(a) (1st Mar. 4, 1907, ch. 2939, 34
sentence). Stat. 1415, Sec. 3A(a) (1st
sentence), (b); added July
8, 1976, Pub. L. 94-348,
Sec. 4(d), 90 Stat. 819;
June 22, 1988, Pub. L.
100-342, Sec. 16(4), 102
Stat. 635.
45:63a(a) (2d-last Mar. 4, 1907, ch. 2939, 34
sentences). Stat. 1415, Sec. 3A(a)
(2d-last sentences); added
Nov. 2, 1978, Pub. L.
95-574, Sec. 4(a), 92 Stat.
2459.
21104(b) 45:63a(b).
45:63a(c). Mar. 4, 1907, ch. 2939, 34
Stat. 1415; Sec. 3A(c);
added July 8, 1976, Pub. L.
94-348, Sec. 4(d), 90 Stat.
819; restated Nov. 2, 1978,
Pub. L. 95-574, Sec. 4(b),
92 Stat. 2460.
21104(c) 45:63a(f). Mar. 4, 1907, ch. 2939, 34
Stat. 1415, Sec. 3A(f);
added July 8, 1976, Pub. L.
94-348, Sec. 4(d), 90 Stat.
819.
--------------------------------------------------------------------
In this section, the words "signal employee" are substituted for
"an individual employed by the railroad who is engaged in
installing, repairing or maintaining signal systems" and "an
individual described in paragraph (1)" in 45:63a(a), "individual"
in 45:63a(b) and (c), and "individual engaged in installing,
repairing, or maintaining signal systems" in 45:63a(f) because of
the definition of "signal employee" in section 21101 of the revised
title.
Subsection (a)(1) is substituted for 45:63a(a) (last sentence)
for clarity and because of the restatement.
In subsection (a)(2), before clause (A), the words "Except as
provided in subsection (c) of this section" are added to alert the
reader to the exception restated in subsection (c). The text of
45:63a(a) (2d sentence) is omitted as surplus.
In subsection (b), the words before paragraph (1) are added as
related to 45:63a(c) and substituted for "In determining for the
purposes of subsection (a) of this section the number of hours an
individual is on duty" for clarity. In paragraph (2), the word
"actually" is omitted as surplus.
In subsection (c), the word "actual" is omitted as surplus.
AMENDMENTS
2008 - Subsec. (a). Pub. L. 110-432, Sec. 108(c)(1), added
subsec. (a) and struck out former subsec. (a) which limited the
amount of time spent on duty by signal employees.
Subsec. (b)(3). Pub. L. 110-432, Sec. 108(c)(2), substituted
"duty." for "duty, except that up to one hour of that time spent
returning from the final trouble call of a period of continuous or
broken service is time off duty."
Subsec. (c). Pub. L. 110-432, Sec. 108(c)(3), inserted at end "A
signal employee may not be allowed to remain or go on duty under
the emergency authority provided under this subsection to conduct
routine repairs, routine maintenance, or routine inspection of
signal systems."
Subsecs. (d), (e). Pub. L. 110-432, Sec. 108(c)(4), added
subsecs. (d) and (e).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-432 effective 9 months after Oct. 16,
2008, see section 108(g) of Pub. L. 110-432, set out as a note
under section 21101 of this title.
-End-
-CITE-
49 USC Sec. 21105 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21105. Limitations on duty hours of dispatching service
employees
-STATUTE-
(a) Application. - This section applies, rather than section
21103 or 21104 of this title, to a train employee or signal
employee during any period of time the employee is performing
duties of a dispatching service employee.
(b) General. - Except as provided in subsection (d) of this
section, a dispatching service employee may not be required or
allowed to remain or go on duty for more than -
(1) a total of 9 hours during a 24-hour period in a tower,
office, station, or place at which at least 2 shifts are
employed; or
(2) a total of 12 hours during a 24-hour period in a tower,
office, station, or place at which only one shift is employed.
(c) Determining Time on Duty. - Under subsection (b) of this
section, time spent performing any other service for the railroad
carrier during a 24-hour period in which the employee is on duty in
a tower, office, station, or other place is time on duty in that
tower, office, station, or place.
(d) Emergencies. - When an emergency exists, a dispatching
service employee may be allowed to remain or go on duty for not
more than 4 additional hours during a period of 24 consecutive
hours for not more than 3 days during a period of 7 consecutive
days.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 890.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21105(a) 45:62(d). Mar. 4, 1907, ch. 2939, Sec.
2(d), 34 Stat. 1416;
restated Dec. 26, 1969, Pub.
L. 91-169, Sec. 1, 83 Stat.
464.
45:63a(e). Mar. 4, 1907, ch. 2939, 34
Stat. 1415, Sec. 3A(e);
added July 8, 1976, Pub. L.
94-348, Sec. 4(d), 90 Stat.
819.
21105(b) 45:63(a). Mar. 4, 1907, ch. 2939, Sec.
3, 34 Stat. 1416; May 4,
1916, ch. 109, Sec. 1, 39
Stat. 61; Aug. 14, 1957,
Pub. L. 85-135, Sec. 2, 71
Stat. 352; restated Dec. 26,
1969, Pub. L. 91-169, Sec.
1, 83 Stat. 464; June 22,
1988, Pub. L. 100-342, Sec.
16(3), 102 Stat. 635.
21105(c) 45:63(b).
21105(d) 45:63(c).
--------------------------------------------------------------------
In this section, the words "dispatching service employee" are
substituted for "operator, train dispatcher, or other employee who
by the use of the telegraph, telephone, radio, or any other
electrical or mechanical device dispatches, reports, transmits,
receives, or delivers orders pertaining to or affecting train
movements" in 45:63(a), "employee . . . on duty in a class of
service . . . described in paragraph (1) or (2) of such subsection"
in 45:63(b), and "employees named in such subsection" in 45:63(c)
because of the definition of "dispatching service employee" in
section 21101 of the revised title.
In subsection (a), the words "This section applies, rather than
section 21103 or 21104 of this title" are substituted for "The
provisions of this section shall not apply" because of the
restatement. The words "train employee" are substituted for
"employee" in 45:62(d), and the words "signal employee" are
substituted for "individual" in 45:63a(e), for consistency in this
chapter and because of the definitions of "signal employee" and
"train employee" in section 21101 of the revised title. The words
"during any period of time the employee is performing duties of a
dispatching service employee" are substituted for "during such
period of time as the provisions of section 63 of this title apply
to his duty and off-duty periods" in 45:62(d) and 63a(e) for
clarity.
In subsection (b), before clause (1), the words "a total of" are
substituted for "whether consecutive or in the aggregate" to
eliminate unnecessary words.
In subsection (c), the words "a tower, office, station, or other
place" are substituted for "a place, described in paragraph (1) or
(2) of such subsection" for clarity.
In subsection (d), the words "When an emergency exists" are
substituted for "in case of emergency" for consistency in this
chapter.
-End-
-CITE-
49 USC Sec. 21106 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21106. Limitations on employee sleeping quarters
-STATUTE-
(a) In General. - A railroad carrier and its officers and agents -
(1) may provide sleeping quarters (including crew quarters,
camp or bunk cars, and trailers) for employees, and any
individuals employed to maintain the right of way of a railroad
carrier, only if the sleeping quarters are clean, safe, and
sanitary, give those employees and individuals an opportunity for
rest free from the interruptions caused by noise under the
control of the carrier, and provide indoor toilet facilities,
potable water, and other features to protect the health of
employees; and
(2) may not begin, after July 7, 1976, construction or
reconstruction of sleeping quarters referred to in clause (1) of
this section in an area or in the immediate vicinity of an area,
as determined under regulations prescribed by the Secretary of
Transportation, in which railroad switching or humping operations
are performed.
(b) Camp Cars. - Not later than December 31, 2009, any railroad
carrier that uses camp cars shall fully retrofit or replace such
cars in compliance with subsection (a).
(c) Regulations. - Not later than April 1, 2010, the Secretary of
Transportation, in coordination with the Secretary of Labor, shall
prescribe regulations to implement subsection (a)(1) to protect the
safety and health of any employees and individuals employed to
maintain the right of way of a railroad carrier that uses camp
cars, which shall require that all camp cars comply with those
regulations by December 31, 2010. In prescribing the regulations,
the Secretary shall assess the action taken by any railroad carrier
to fully retrofit or replace its camp cars pursuant to this
section.
(d) Compliance and Enforcement. - The Secretary shall determine
whether a railroad carrier has fully retrofitted or replaced a camp
car pursuant to subsection (b) and shall prohibit the use of any
non-compliant camp car. The Secretary may assess civil penalties
pursuant to chapter 213 for violations of this section.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 891; Pub. L.
110-432, div. A, title IV, Sec. 420, Oct. 16, 2008, 122 Stat.
4893.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21106 45:62(a)(3), (4). Mar. 4, 1907, ch. 2939, 34
Stat. 1415, Sec. 2(a)(3),
(4); added July 8, 1976,
Pub. L. 94-348, Sec.
4(a)(3), 90 Stat. 818; June
22, 1988, Pub. L. 100-342,
Sec. 16(2), 102 Stat. 634.
45:62(e). Mar. 4, 1907, ch. 2939, 34
Stat. 1415, Sec. 2(e); added
June 22, 1988, Pub. L.
100-342, Sec. 19(b)(1), 102
Stat. 638.
45:63a(d) (related Mar. 4, 1907, ch. 2939, 34
to 45:62(a)(3)). Stat. 1415, Sec. 3A(d)
(related to Sec. 2(a)(3));
added July 8, 1976, Pub. L.
94-348, Sec. 4(d), 90 Stat.
819; June 22, 1988, Pub. L.
100-342, Sec. 16(4), 102
Stat. 635.
--------------------------------------------------------------------
In this section, before clause (1), the words "and any
individuals employed to maintain the right of way of a railroad
carrier" are substituted for 45:62(e) because of the restatement.
AMENDMENTS
2008 - Pub. L. 110-432 designated existing provisions as subsec.
(a), inserted heading, in par. (1), substituted "sanitary, give
those employees and individuals an opportunity for rest free from
the interruptions caused by noise under the control of the carrier,
and provide indoor toilet facilities, potable water, and other
features to protect the health of employees;" for "sanitary and
give those employees and individuals an opportunity for rest free
from the interruptions caused by noise under the control of the
carrier;", and added subsecs. (b) to (d).
-End-
-CITE-
49 USC Sec. 21107 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21107. Maximum duty hours and subjects of collective
bargaining
-STATUTE-
The number of hours established by this chapter that an employee
may be required or allowed to be on duty is the maximum number of
hours consistent with safety. Shorter hours of service and time on
duty of an employee are proper subjects for collective bargaining
between a railroad carrier and its employees.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 891.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
21107 45:63a(d) (related Mar. 4, 1907, ch. 2939, 34
to 45:64). Stat. 1415, Sec. 3A(d)
(related to Sec. 4); added
July 8, 1976, Pub. L.
94-348, Sec. 4(d), 90 Stat.
819; June 22, 1988, Pub. L.
100-342, Sec. 16(4), 102
Stat. 635.
45:64. Mar. 4, 1907, ch. 2939, Sec.
4, 34 Stat. 1417; restated
Dec. 26, 1969, Pub. L.
91-169, Sec. 1, 83 Stat.
464; June 22, 1988, Pub. L.
100-342, Sec. 16(5), 102
Stat. 635.
--------------------------------------------------------------------
-End-
-CITE-
49 USC Sec. 21108 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21108. Pilot projects
-STATUTE-
(a) In General. - As of the date of enactment of the Rail Safety
Improvement Act of 2008, a railroad carrier or railroad carriers
and all nonprofit employee labor organizations representing any
class or craft of directly affected covered service employees of
the railroad carrier or railroad carriers, may jointly petition the
Secretary of Transportation for approval of -
(1) a waiver of compliance with this chapter as in effect on
the date of enactment of the Rail Safety Improvement Act of 2008;
or
(2) a waiver of compliance with this chapter as it will be
effective 9 months after the enactment of the Rail Safety
Improvement Act of 2008,
to enable the establishment of one or more pilot projects to
demonstrate the possible benefits of implementing alternatives to
the strict application of the requirements of this chapter,
including requirements concerning maximum on-duty and minimum off-
duty periods.
(b) Granting of Waivers. - The Secretary may, after notice and
opportunity for comment, approve such waivers described in
subsection (a) for a period not to exceed two years, if the
Secretary determines that such a waiver of compliance is in the
public interest and is consistent with railroad safety.
(c) Extensions. - Any such waiver, based on a new petition, may
be extended for additional periods of up to two years, after notice
and opportunity for comment. An explanation of any waiver granted
under this section shall be published in the Federal Register.
(d) Report. - The Secretary of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives, no later than December 31, 2012, or, if no
projects are completed prior to December 31, 2012, no later than 6
months after the completion of a pilot project, a report that -
(1) explains and analyzes the effectiveness of any pilot
project established pursuant to a waiver granted under subsection
(a);
(2) describes the status of all other waivers granted under
subsection (a) and their related pilot projects, if any; and
(3) recommends any appropriate legislative changes to this
chapter.
(e) Definition. - For purposes of this section, the term
"directly affected covered service employees" means covered service
employees to whose hours of service the terms of the waiver
petitioned for specifically apply.
-SOURCE-
(Added Pub. L. 103-440, title II, Sec. 203(a), Nov. 2, 1994, 108
Stat. 4619; amended Pub. L. 110-432, div. A, title I, Sec. 110,
Oct. 16, 2008, 122 Stat. 4867.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Rail Safety Improvement Act of 2008,
referred to in subsec. (a), is the date of enactment of div. A of
Pub. L. 110-432, which was approved Oct. 16, 2008.
-MISC1-
AMENDMENTS
2008 - Pub. L. 110-432 amended section generally, revising and
restating provisions of former subsec. (a) relating to waivers as
subsecs. (a) to (c), provisions of former subsec. (b) relating to
requirement of a report to Congress as subsec. (d), and provisions
of former subsec. (c) defining "directly affected covered service
employees" as subsec. (e).
-End-
-CITE-
49 USC Sec. 21109 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 211 - HOURS OF SERVICE
-HEAD-
Sec. 21109. Regulatory authority
-STATUTE-
(a) In General. - In order to improve safety and reduce employee
fatigue, the Secretary may prescribe regulations -
(1) to reduce the maximum hours an employee may be required or
allowed to go or remain on duty to a level less than the level
established under this chapter;
(2) to increase the minimum hours an employee may be required
or allowed to rest to a level greater than the level established
under this chapter;
(3) to limit or eliminate the amount of time an employee spends
waiting for deadhead transportation or in deadhead transportation
from a duty assignment to the place of final release that is
considered neither on duty nor off duty under this chapter;
(4) for signal employees -
(A) to limit or eliminate the amount of time that is
considered to be neither on duty nor off duty under this
chapter that an employee spends returning from an outlying
worksite after scheduled duty hours or returning from a trouble
call to the employee's headquarters or directly to the
employee's residence; and
(B) to increase the amount of time that constitutes a release
period, that does not break the continuity of service and is
considered time off duty; and
(5) to require other changes to railroad operating and
scheduling practices, including unscheduled duty calls, that
could affect employee fatigue and railroad safety.
(b) Regulations Governing the Hours of Service of Train Employees
of Commuter and Intercity Passenger Railroad Carriers. - Within 3
years after the date of enactment of the Rail Safety Improvement
Act of 2008, the Secretary shall prescribe regulations and issue
orders to establish hours of service requirements for train
employees engaged in commuter rail passenger transportation and
intercity rail passenger transportation (as defined in section
24102 of this title) that may differ from the requirements of this
chapter. Such regulations and orders may address railroad operating
and scheduling practices, including unscheduled duty calls,
communications during time off duty, and time spent waiting for
deadhead transportation or in deadhead transportation from a duty
assignment to the place of final release, that could affect
employee fatigue and railroad safety.
(c) Considerations. - In issuing regulations under subsection (a)
the Secretary shall consider scientific and medical research
related to fatigue and fatigue abatement, railroad scheduling and
operating practices that improve safety or reduce employee fatigue,
a railroad's use of new or novel technology intended to reduce or
eliminate human error, the variations in freight and passenger
railroad scheduling practices and operating conditions, the
variations in duties and operating conditions for employees subject
to this chapter, a railroad's required or voluntary use of fatigue
management plans covering employees subject to this chapter, and
any other relevant factors.
(d) Time Limits. -
(1) If the Secretary determines that regulations are necessary
under subsection (a), the Secretary shall first request that the
Railroad Safety Advisory Committee develop proposed regulations
and, if the Committee accepts the task, provide the Committee
with a reasonable time period in which to complete the task.
(2) If the Secretary requests that the Railroad Safety Advisory
Committee accept the task of developing regulations under
subsection (b) and the Committee accepts the task, the Committee
shall reach consensus on the rulemaking within 18 months after
accepting the task. If the Committee does not reach consensus
within 18 months after the Secretary makes the request, the
Secretary shall prescribe appropriate regulations within 18
months.
(3) If the Secretary does not request that the Railroad Safety
Advisory Committee accept the task of developing regulations
under subsection (b), the Secretary shall prescribe regulations
within 3 years after the date of enactment of the Rail Safety
Improvement Act of 2008.
(e) Pilot Projects. -
(1) In general. - Not later than 2 years after the date of
enactment of the Rail Safety Improvement Act of 2008, the
Secretary shall conduct at least 2 pilot projects of sufficient
size and scope to analyze specific practices which may be used to
reduce fatigue for train and engine and other railroad employees
as follows:
(A) A pilot project at a railroad or railroad facility to
evaluate the efficacy of communicating to employees notice of
their assigned shift time 10 hours prior to the beginning of
their assigned shift as a method for reducing employee fatigue.
(B) A pilot project at a railroad or railroad facility to
evaluate the efficacy of requiring railroads who use employee
scheduling practices that subject employees to periods of
unscheduled duty calls to assign employees to defined or
specific unscheduled call shifts that are followed by shifts
not subject to call, as a method for reducing employee fatigue.
(2) Waiver. - The Secretary may temporarily waive the
requirements of this section, if necessary, to complete a pilot
project under this subsection.
(f) Duty Call Defined. - In this section the term "duty call"
means a telephone call that a railroad places to an employee to
notify the employee of his or her assigned shift time.
-SOURCE-
(Added Pub. L. 110-432, div. A, title I, Sec. 108(e)(1), Oct. 16,
2008, 122 Stat. 4864.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Rail Safety Improvement Act of 2008,
referred to in subsecs. (b), (d)(3), and (e)(1), is the date of
enactment of div. A of Pub. L. 110-432, which was approved Oct. 16,
2008.
-End-
| File Type | application/msword |
| Author | USDOT User |
| Last Modified By | USDOT User |
| File Modified | 2011-03-21 |
| File Created | 2011-03-21 |