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title, shall be liable to a penalty of $250 for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such United States attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper United States attorneys information of any such violations as may come to its knowledge: Provided, That nothing in sections 1–7 of this title shall apply to trains composed of four-wheel cars or to trains composed of eight-wheel standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs. (Mar. 2, 1893, ch. 196, § 6, 27 Stat. 532; Apr. 1, 1896, ch. 87, 29 Stat. 85; June 25, 1948, ch. 646. § 1, 62 Stat. 909; Aug. 14, 1957, Pub. L. 85-135, § 1(1), 71 Stat. 352.) § 7. Assumption of risk by employees.

Any employee of any common carrier engaged in interstate commerce by railroad who may be injured by any locomotive, car, or train in use contrary to the provision of sections 1-7 of this title shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, car, or train had been brought to his knowledge. (Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532.) $ 8. Provisions of certain sections extended.

The provisions and requirements of sections 1-7 of this title shall be held to apply to common carriers by railroads in the Territories and the District of Columbia and shall apply in all cases, whether or not the couplers brought together are of the same kind, make, or type; and the provisions and requirements relating to train brakes, automatic couplers, grab irons, and the height of drawbars shall be held to apply to all trains, locomotives, tenders, cars, and

similar vehicles used on any railroad engaged in interstate commerce, and in the Territories and the District of Columbia, and to all other locomotives, tenders, cars, and similar vehicles used in connection therewith, excepting those trains, cars, and locomotives exempted by the provisions of section 6 of this title, or which are used upon street railways. (Mar. 2, 1903, ch. 976, § 1, 32 Stat. 943.) $ 9. Power or train brakes; operation by engineer; rules for installation, inspec

tion, maintenance, and repair. Whenever, as provided in sections 1–7 of this title, any train is operated with power or train brakes not less than 50 per centum of the cars in such train shall have 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, to more fully carry into effect the objects of said sections, the Interstate Commerce Commission may, from time to time, after full hearing, increase the minimum percentage of cars in any train required to be operated with power or train brakes which must have their brakes used and operated as aforesaid. One hundred and twenty days after the date of enactment of the Power or Train Brakes Safety Appliance Act of 1958, the Interstate Commerce Commission shall adopt and put into effect the rules, standards, and instructions of the Association of American Railroads, adopted in 1925 and revised in 1933, 1934, 1941, and 1953, with such revisions as may have been adopted prior to the enactment of such Act, for the installation, inspection, maintenance, and repair of all power or train brakes for common carriers engaged in interstate commerce by railroad. Such rules, standards, and instructions shall thereafter remain the rules, standards, and instructions for the installation, inspection, maintenance, and repair of all power or train brakes unless changed, after hearing, by order of the Interstate Commerce Commission: Provided, however, That such rules or standards or instructions or changes therein shall be promulgated solely for the purpose of achieving safety. The provisions and requirements of this section shall apply to all trains, locomotives, tenders, cars, and similar vehicles used, hauled, or permitted to be used or hauled, by any railroad engaged in interstate commerce. In the execution of this section, the Interstate Commerce Commission may utilize the services of the Association of American Railroads, and may avail itself of the advice and assistance of any department, commission, or board of the United States Government, and of State governments, but no official or employee of the United States

shall receive any additional compensation for such service except as now permitted by law. Failure to comply with any rule, regulation, or requirement promulgated by the Interstate Commerce Commission pursuant to the provisions of this section shall be subject to the like penalty as failure to comply with any requirement of this section. (Mar. 2, 1903, ch. 976, § 2, 32 Stat. 943; Apr. 11, 1958, Pub. L. 85–375, 72 Stat. 86.) $ 10. Former duties, requirements, and liabilities continued unless specifically

amended. Nothing in sections 8 and 9 of this title shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of sections 1–7 of this title, and all of such provisions, powers, duties, requirements, and liabilities shall, except as specifically amended by sections 8 and 9 of this title, apply thereto. (Mar. 2, 1903, ch. 976, 83, 32 Stat. 943; June 25, 1948, ch. 646, § 1, 62 Stat. 909.) § 11. Safety appliances required for each car; when hand brakes may be omitted.

It shall be unlawful for any common carrier subject to the provisions of sections 11-16 of this title to haul, or permit to be hauled or used on its line, any car subject to the provisions of said sections not equipped with appliances provided for in said sections, to wit: All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards shall be equipped with such ladders and running boards, and all cars having ladders shall also be equipped with secure handholds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted on all save one of the cars while they are thus combined for such purposes. (Apr. 14, 1910, ch. 160, § 2, 36 Stat. 298.) $ 12. Safety appliances as designated by commission, to be standards of equip

ment; modification of standard height of drawbars. The number, dimensions, location, and manner of application of the appliances provided for by sections 4 and 11 of this title as designated by the Interstate Commerce Commission shall remain as the standards of equipment to be used on all cars subject to the provisions of sections 11-16 of this title, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of sections 11-16 of this title. Said commission 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 effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission. (Apr. 14, 1910, ch. 160, $ 3, 36 Stat. 298.) § 13. Penalty for using car not equipped as provided; hauling car for repairs

where equipment becomes defective; liability for death or injury of employee;

use of chains instead of drawbars. Any common carrier subject to sections 11-16 of this title using, hauling, or permitting to be used or hauled on its line, any car subject to the requirements of said sections not equipped as provided in said sections, shall be liable to a penalty of $250 for each and every such violation, to be recovered as provided in section 6 of this title: Provided, That where any car shall have been properly equipped, as provided in sections 1--16 of this title, and such equipment shall have become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by this section or section 6 of this title, if such movement is necessary to make such repairs and such repairs cannot be made except at such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with

equipment which is defective or insecure or which is not maintained in accordance with the requirements of sections 1-16 of this title; and nothing in this proviso shall be construed to permit the hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain livestock or "perishable" freight. (Apr. 14, 1910, ch. 160, § 4, 36 Stat. 299; Aug. 14, 1957, Pub, L. 85-135, § 1 (2), 71 Stat. 352.) f 14. Liability for using car with defective equipmen except as specified.

Except that, within the limits specified in section 13 of this title the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in sections 11-16 of this title shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements heretofore set out in sections 1-10 of this title; and, except as aforesaid, all of such provisions, powers, duties, requirements, and liabilities shall apply to sections 11-16 of this title. (Apr. 14, 1910, ch. 160, § 5, 36 Stat. 299.) $ 15. Enforcement by commission.

It shall be the duty of the Interstate Commerce Commission to enforce the provisions of sections 11-16 of this title as to equipment of each car with safety appliances and all powers heretofore granted to said commission are extended to it for the purpose of such enforcement. (Apr. 14, 1910, ch. 160, $ 6, 36 Stat. 299.) § 16. Application of provisions to common carriers and vehicles subject to

"Safety Appliance Acts.” The provisions of sections 11-16 of this title, as to the equipment of cars with the designated safety appliances apply to every common carrier and every vehicle subject to what are commonly known as the "Safety Appliance Acts” set out in sections 1-10 of this title. (Apr. 14, 1910, ch. 160, § 1, 36 Stat. 298.)

ASH PAN ACT (45 U.S.C. 17-21) § 17. Locomotives to be equipped with safety ash pans.

It shall be unlawful for any common carrier engaged in interstate or foreign commerce by railroad to use any locomotive in moving interstate or foreign traffic or for any common carrier by railroad in any Territory of the United States or the District of Columbia to use any locomotive, not equipped with an ash pan, which can be dumped or emptied and cleaned without the necessity of any employee going under such locomotive. (May 30, 1908, ch. 225, $8 1, 2, 35 Stat. 476.) 18. Penalty for violation, and actions therefor; duties of United States attorneys

and of commission, Any such common carrier using any locomotive in violation of the provisions of section 17 of this title shall be liable to a penalty of $200 for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such United States attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper United States attorneys information of any such violations as may come to its knowledge. (May 30, 1908, ch. 225, § 3. 35 Stat. 476; June 25, 1948, ch. 646, § 1, 62 Stat. 909.) $ 19. Enforcement by commission.

It shall be the duty of the Interstate Commerce Commission to enforce the provisions as to safety ash pans, and all powers heretofore granted to said commission are extended to it for the purpose of such enforcement. (May 30, 1908, ch. 225, § 4, 35 Stat. 476.)

20. Who included in term "common carrier."

The term "common carrier" as used in sections 17 and 18 of this title shall include the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier. (May 30, 1908, ch. 225, § 5, 35 Stat. 476.)

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§ 21. Provisions not applicable to locomotives on which ash pan not necessary.

Nothing in the provisions of sections 17-20 of this title, shall apply to any locomotive upon which, by reason of the use of oil, electricity, or other such agency, an ash pan is not necessary. (May 30, 1908, ch. 225, § 6, 35 Stat. 476.)

LOCOMOTIVE INSPECTION ACTS (45 U.S.c. 22-34)

$ 22. Inspection of locomotives and appurtenances; definitions.

When used in sections 23——34 of this title, the terms "carrier” and “common carrier” mean a common carrier by railroad, or partly by railroad and partly by water, within the continental United States, subject to the Interstate Commerce Act, as amended, excluding street, suburban, and interurban electric railways unless operated as a part of a general railroad system of transportation. The term "railroad” as used in said sections shall include all the roads in use by any common carrier operating a railroad, whether owned or operated under å contract, agreement, or lease, and the term "employees" as used in said sections shall be held to mean persons actually engaged in or connected with the movement of any train. (Feb. 17, 1911, ch. 103, § 1, 36 Stat. 913; June 7, 1924, ch. 355, § 1, 43 Stat. 659.) $ 23. Use of unsafe locomotives and appurtenances unlawful; inspection and tests.

It shall be unlawful for any carrier to use or permit to be used on its line any locomotive unless said locomotive, its boiler, tender, and all parts and appurtenances thereof are in proper condition and safe to operate in the service to which the same are put, that the same may be employed in the active service of such carrier without unnecessary peril to life or limb, and unless said locomotive, its boiler, tender, and all parts and appurtenances thereof have been inspected from time to time in accordance with the provisions of sections 28–30 and 32 of this title and are able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for. (Feb. 17, 1911, ch. 103, § 2, 36 Stat. 913; Mar. 4, 1915, ch. 169, § 1, 38 Stat. 1192; June 7, 1924, ch. 355, $ 2, 43 Stat. 659.) $ 24. Director and assistant directors of locomotive inspection; appointment and

salaries. There shall be appointed by the President, by and with the advice and consent of the Senate, a director of locomotive inspection and two assistant directors of locomotive inspection, who shall have general superintendence of the inspectors hereinafter provided for, direct them in the duties imposed upon them, and see that the requirements of sections 22—34 of this title as to the inspection of locomotives, their boilers, tenders, and so forth, and the rules, regulations, and instructions made or given hereunder are observed by common carriers subject hereto. The said director of locomotive inspection and his two assistants shall be selected with reference to their practical knowledge of the construction and repairing of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and maintenance of locomotive boilers. The Interstate Commerce Commission shall have authority, in accordance with the Classification Act of 1949, as amended, to fix the compensation of the director of locomotive inspection, the assistant directors, and the district inspectors; and each of such persons shall be paid his traveling expenses incurred in performation of his duties. (Feb. 17, 1911, ch. 103, § 3, 36 Stat. 914; June 26, 1918, ch. 105, § 1, 40 Stat. 616; June 7, 1924, ch. 355, $ 6, 43 Stat. 659; June 27, 1930, ch. 644, § 1, 46 Stat. 822; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27. 1947, ch. 85, § 1, 61 Stat. 120; Oct. 28, 1949, ch. 782, title XI, Š 1106(a), 63 Stat. 972.) $ 25. Officers; legal, technical, stenographic, and clerical help.

The office of the director of locomotive inspection shall be in Washington, District of Columbia, and the Interstate Commerce Commission shall provide such legal, technical, stenographie, and clerical help as the business of the officers of the director of locomotive inspection, his said assistants, and the district inspectors may require. (Feb. 17, 1911, ch. 103, $ 3, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27, 1947, ch. 85, § 1, 61 Stat. 120.) $ 26. Inspection districts; appointment and assignment of district inspectors;

salaries and expenses; examinations of applicants; disqualifications. Immediately after his appointment and qualification the director of locomotive inspection shall divide the territory comprising the several States and the District of Columbia into fifty locomotive boiler inspection districts, so arranged that the service of the inspector appointed for each district shall be most effective, and so that the work required of each inspector shall be substantially the same. Thereupon there shall be appointed by the Interstate Commerce Commission fifty inspectors of locomotive boilers, Said inspectors shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. The director of locomotive inspection shall assign one inspector so appointed to each of the districts hereinbefore named. In order to obtain the most competent inspectors possible, it shall be the duty of the director of locomotive inspection to prepare a list of questions to be propounded to applicants with respect to construction, repair, operation, testing, and inspection of locomotive boilers, and their practical experience in such work, which list, being approved by the Interstate Commerce Commission, shall be used by the Civil Service Commission as a part of its examination. No person interested, either directly or indirectly, in any patented article required to be used on any locomotive under supervision or who is intemperate in his habits shall be eligible to hold the office of either director of locomotive inspection or assistant or district inspector. (Feb. 17, 1911, ch. 103, § 4, 36 Stat. 914; June 26, 1918, Ch. 105, § 1, 40 Stat. 616; June 27, 1930, ch. 644, § 2, 46 Stat. 823; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27, 1947, ch. 85, § 2, 61 Stat, 120.) $ 27. Appointment and assignment of additional inspectors.

Within the appropriations therefor and subject to the provisions of section 26 of this title, the Interstate Commerce Commission may appoint, from time to time, not more than fifteen inspectors in addition to the number authorized in such' section, as the needs of the service may require. Any inspector appointed under this provision shall be so assigned by the director of locomotive inspection that his service will be most effective. (Feb. 17, 1911, ch. 103, § 4 (par.), as added June 7, 1924, ch. 355, § 4, 43 Stat. 659, and amended Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148.) § 28. Rules and instructions as to inspection.

Each carrier subject to this chapter shall file its rules and instructions for the inspection of locomotive boilers with the chief inspector within three months after February 17, 1911, and after hearing and approval by the Interstate Commerce Commission, such rules and instructions, with such modifications as the commission requires, shall become obligatory upon such carrier: Provided, however, That if any carrier subject to this chapter shall fail to file its rules and instructions the director of locomotive inspection shall prepare rules and instruction not inconsistent herewith for the inspection locomotive boilers, to be observed by such carrier; which rules and instructions, being approved by the Interstate Commerce Commission, and a copy thereof being served upon the presdient, general manager, or general superintendent, of such carrier, shall be obligatory, and a violation thereof punished as hereinafter provided: Provided also, That such common carrier may from time to time change the rules and regulations herein provided for, but such change shall not take effect and the new rules and regulations be in force until the same shall have been filed with and approved by the Interstate Commerce Commission. The director of locomotive inspection shall also make all needful rules, regulations, and instructions not inconsistent herewith for the conduct of his office and for the government of the district inspectors: Provided, however, That all such rules and instructions shall be approved by the Interstate Commerce Commission before they take effect. (Feb. 17, 1911, ch. 103, § 5, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148.) $ 29. Duties of district inspectors; inspection and repairs by carriers; notice to

carrier of conditions of boiler; appeal to director and reexamination; further

appeal to commission. It shall be the duty of each inspector to become familiar, so far as practicable, with the condition of each locomotive boiler ordinarily housed or repaired in his district, and if any locomotive is ordinarily housed or repaired in two or more districts, then the director of locomotive inspection or an assistant shall make such division between inspectors as will avoid the necessity for duplication of work. Each inspector shall make such personal inspection of the locomotive boilers under his care from time to time as may be necessary to fully carry out the provisions of sections 22-29 and 31-34 of this title, and as may be consistent with his other duties, but he shall not be required to make such inspections at stated

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