P.l. 100-342

P.L. 100-342 (Sec. 10 & Sec. 21).doc

Railroad Locomotive Safety Standards and Event Recorders

P.L. 100-342

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PL 100-342, 1988 S 1539

PL 100-342, June 22, 1988, 102 Stat 624

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UNITED STATES PUBLIC LAWS

100th Congress - Second Session

Convening January 25, 1988


Copr. © West Group 1998. No Claim to Orig. U.S. Govt. Works



DATA SUPPLIED BY THE U.S. DEPARTMENT OF JUSTICE. (SEE SCOPE)

Additions and Deletions are not identified in this document.


PL 100-342 (S 1539)

June 22, 1988



An Act to amend the Federal Railroad Safety Act of 1970 and for other purposes.



Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled,


SECTION 1. SHORT TITLE.



This Act "45 USC 421 note" may be cited as the "Rail Safety Improvement Act of 1988".




SEC. 10. EVENT RECORDERS.



Section 202 of the Federal Railroad Safety Act "45 USC 431" of 1970 is amended by adding at the end the following new subsection:



"(m)(1)(A) The Secretary shall, within 18 months after the date of the enactment of the Rail Safety Improvement Act of 1988, issue such rules, regulations, standards, and orders as may be necessary to enhance safety by requiring that trains be equipped with event recorders within 1 year after such rules, regulations, orders, and standards are issued.


"(B) If the Secretary finds that it is impracticable to equip trains as required under subparagraph (A) within the time limit under such subparagraph, the Secretary may extend the deadline for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued.


"(2) For the purposes of this subsection, the term 'event recorders' means devices that --


"(A) record train speed, hot box detection, throttle position, brake application, brake operations, and any other function the Secretary considers necessary to record to assist in monitoring the safety of train operation, such as time and signal indication; and


"(B) are designed to resist tampering.".


EC. 21. TAMPERING WITH SAFETY DEVICES.



Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is further amended by adding at the end the following new subsection:



"(o)(1) The Secretary shall, within 90 days after the date of the enactment of this subsection, issue such rules, regulations, orders, and standards as may be necessary to prohibit the willful tampering with, or disabling of, specified railroad safety or operational monitoring devices.


"(2)(A) Any railroad company operating a train on which safety or operational monitoring devices are tampered with or disabled in violation of rules, regulations, orders, or standards issued by the Secretary under paragraph (1) shall be liable for a civil penalty under section 209.


"(B) Any individual tampering with or disabling safety or operational monitoring devices in violation of rules, regulations, orders, or standards issued by the Secretary under paragraph (1), or who knowingly operates or permits to be operated a train on which such devices have been tampered with or disabled by another person, shall be liable for such penalties as may be established by the Secretary, which may include fines under section 209, suspension from work, or suspension or loss of a license or certification issued under subsection (i).".


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