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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 a 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, § 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, stenographic, 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 of 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

times or at regular intervals. His first duty shall be to see that the carriers make inspections in accordance with the rules and regulations established or approved by the Interstate Commerce Commission, and that carriers repair the defects which such inspections disclose before the boiler or boilers or appurtenances pertaining thereto are again put in service. To this end each carrier subject to said sections shall file with the inspector in charge, under the oath of the proper officer or employee, a duplicate of the report of each inspection required by such rules and regulations, and shall also file with such inspector, under the oath of the proper officer or employee, a report showing the repair of the defects disclosed by the inspection. The rules and regulations herein before provided for shall prescribe the time at which such reports shall be made. Whenever any district inspector shall, in the performance of his duty, find any locomotive boiler or apparatus pertaining thereto not conforming to the requirements of the law or the rules and regulations established and approved as herein before stated, he shall notify the carrier in writing that the locomotive is not in serviceable condition, and thereafter such boiler shall not be used until in serviceable condition: Provided, That a carrier, when notified by an inspector in writing that a locomotive boiler is not in serviceable condition, because of defects set out and described in said notice, may within five days after receiving said notice, appeal to the director of locomotive inspection by telegraph or by letter to have said boiler reexamined, and upon receipt of the appeal from the inspector's decision, the director of locomotive inspection shall assign one of the assistant directors of locomotive inspection or any district inspector other than the one from whose decision the appeal is taken to reexamine and inspect said boiler within fifteen days from date of notice. If upon such reexamination, the boiler is found in serviceable condition, the director of locomotive inspection shall immediately notify the carrier in writing, whereupon such boiler may be put into service without further dealy; but if the reexamination of said boiler sustains the decision of the district inspector, the director of locomotive inspection shall at once notify the carrier owning or operating such locomotive that the appeal from the decision of the inspector is dismissed, and upon the receipt of such notice the carrier may, within thirty days, appeal to the Interstate Commecr Commission, and upon such appeal, and after hearing, said commission shall have power to revise, modify, or set aside such action of the director of locomotive inspection and declare that said locomotive is in serviceable condition and authorize the same to be operated: Provided further, That pending either appeal the requirements of the inspector shall be effective. (Feb. 17, 1911, ch. 103, §6, 36 Stat. 915; Apr. 22, 1940, ch. 124, §1, 54 Stat. 148.) § 30. Powers and duties of inspectors, and provisions of certain sections applicable to all parts of locomotive and tender; examinations of inspectors. The director of locomotive inspection and the two assistant directors of locomotive inspection, together with all the district inspectors, appointed as herein before provided, shall inspect and shall have the same powers and duties with respect to all the parts and appurtenances of the locomotive and tender that they have with respect to the boiler of a locomotive and the appurtenances thereof, and the provision of sections 22-29 and 31-34 of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances. All inspectors and applicants for the position of inspector shall be examined touching their qualifications and fitness with respect to the additional duties imposed. (Mar. 4, 1915, ch. 169, § 2, 38 Stat. 1192; Apr. 22, 1940, ch. 124, § 2, 54 Stat. 148.)

§ 31. Annual report of director.

The director of locomotive inspection shall make an annual report to the Interstate Commerce Commission of the work done during the year, and shall make such recommendations for the betterment of the service as he may desire. (Feb. 17, 1911, ch. 103, § 7, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148.) § 32. Report by carrier to director as to accident: preservation of disabled parts; investigation and report thereupon.

In the case of accident resulting from failure from any cause of a locomotive boiler or its appurtenances, resulting in serious injury or death to one or more persons, a statement forthwith must be made in writing of the fact of such accident, by the carrier owning or operating said locomotive, to the director of locomotive inspection. Whereupon the facts concerning such accident shall be investigated by the director of locomotive inspection or one of his assistants, or such inspector as the director of locomotive inspection may designate for that purpose.

And where the locomotive is disabled to the extent that it cannot be run by its own steam, the part or parts affected by the said accident shall be preserved by said carrier intact, so far as possible, without hindrance or interference to traffic until after said inspection. The director of locomotive inspection or an assistant or the designated inspector making the investigation shall examine or cause to be examined thoroughly the boiler or part affected, making full and detailed report of the cause of the accident to the director of locomotive inspection. (Feb. 17, 1911, ch. 103, § 8, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148.) $33. Reports by commission of investigations.

The Interstate Commerce Commission may at any time call upon the director of locomotive inspection for a report of any accident embraced in section 32 of this title, and upon the receipt of said report, if it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper. Neither said report nor any report of said investigation nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. (Feb. 17, 1911, ch. 103, § 8, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148.)

§34. Penalty for violations by carrier; duty of United States attorney to sue therefor; director to give information.

Any common carrier violating the provisions of sections 22-34 of this title relating to locomotives, their boilers, tenders, and so forth, or any rule or regulation made under such provisions or any lawful order of any inspector 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 attorneys, subject to the direction of the Attorney General, to bring such suits upon duly verified information being lodged with them, respectively, of such violations having occurred; and it shall be the duty of the director of locomotive inspections to give information to the proper United States attorney of all violations coming to his knowledge. (Feb. 17, 1911, ch. 103, § 9, 36 Stat. 916; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Aug. 14, 1957, Pub. L. 85-135, § 3, 71 Stat. 352.)

INVESTIGATION OF SAFETY DEVICES (45 U.S.C. 36)

§ 36. Investigation and testing by commission of appliances or systems to promote safety.

The Interstate Commerce Commission is authorized, at its discretion, to investigate, test experimentally, and report on the use and need of any appliances or systems intended to promote the safety of railway operation which may be furnished in completed shape to such commission for such investigation and test entirely free of cost to the Government. For this purpose the commission is authorized to employ persons familiar with the subject to be investigated and tested, and may also make use of its regular employees for such purposes. (May 27, 1908, ch. 200, § 1, 35 Stat. 325.)

ACCIDENT REPORTS ACT (45 U.S.C. 38-43)

§ 38. Monthly reports of railroad accidents; duty of carrier to make.

It shall be the duty of the general manager, superintendent, or other proper officer of every common carrier engaged in interstate or foreign commerce by railroad to make to the Interstate Commerce Commission, as its office in Washington, District of Columbia, a monthly report, under oath, of all collisions, derailments, or other accidents resulting in death or injury to any person or damage to equipment or roadbed, arising from the operation of such railroad, which report shall state the nature and causes thereof and the circumstances connected therewith: Provided, That hereafter all said carriers shall be relieved from the duty of reporting accidents in their annual financial and operating reports made to the commission. (As amended Sept. 13, 1960, Pub. L. 86-762, § 1, 74 Stat. 903.) § 39. Penalty for failure to make report.

Any common carrier failing to make the report provided for in section 38 of this title within thirty days after the end of any month shall be deemed guilty of a misdeameanor, and upon conviction thereof by a court of competent jurisdiction

shall be punished by a fine of not more than $100 for each and every offense and for every day during which it shall fail to make such report after the time herein specified for making the same. (May 6, 1910, ch. 208, § 2, 36 Stat. 351.)

§ 40. Investigation by commission of accidents; cooperation with State commissions; reports of investigations.

The Interstate Commerce Commission shall have authority to investigate all collisions, derailments, or other accidents resulting in serious injury to person or to the property of a railroad occurring on the line of any common carrier engaged in interstate or foreign commerce by railroad. The commission, or any impartial investigator thereunto authorized by said commission, shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose may subpena witnesses, administer oaths, take testimony, and require the production of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided by said carriers with all reasonable facilities: Provided, That when such accident is investigated by a commission of the State in which it occurred, the Interstate Commerce Commission shall, if convenient, make any investigation it may have previously determined upon, at the same time as, and in connection with, the State commission investigation. Said commission shall, when it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper. (May 6, 1910, ch. 208, § 3, 36 Stat. 351.)

CROSS REFERENCE-Report to Commission of failure of safety system, device, or appliance, see section 26(f) of title 49, Transportation.

§ 41. Reports not evidence in suits for damages.

Neither the report required by section 38 of this title nor any report of the investigation provided for in section 40 of this title nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. (May 6, 1910, ch. 208, § 4, 36 Stat. 351.)

§ 42. Rules and regulations; form of reports.

The Interstate Commerce Commission is authorized to prescribe such rules and regulations and such forms for making the reports hereinbefore provided as are necessary to implement and effectuate the purposes of sections 38-43 of this title. (As amended Sept. 13, 1960, Pub. L. 86-762, § 2, 74 Stat. 904.)

§ 43. Definitions.

(a) The term "interstate commerce," as used in ections 38 and 40 of this title, shall include transportaion from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, and the term "foreign commerce," as used in said sections, shall include transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia.

(b) The phrase "arising from the operation of such railroad," as used in sections 38-43 of this title, shall include all activities of the railroad which are related to the performance of its transportation business. (As amended Sept. 13, 1960, Pub. L. 86-762, § 3, 74 Stat. 904.)

HOURS OF SERVICE ACT (45 U.S.C. 61–64)

§ 61. Carriers and transportation subject to provisions of chapter; "railroad" and "employees" defined.

The provisions of sections 61-64 of this title shall apply to any common carrier or carriers, their officers, agents, and employees, engaged in the transportation of passengers or property by railroad in the District of Columbia or any Territory of the United States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad" as used in sections 61-64 of this title shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease; and the

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