§20303 — Title 49 Transportation | U.S. Code

Summary

Railroads may move a car whose equipment becomes defective or insecure to the nearest place that can fix it without being penalized under section 21302. The car can be moved on the same railroad where the defect was found, or a connecting railroad may move it on its own line if that route is not farther from the repair spot. Chains may be used instead of drawbars only when the car carries livestock or perishable freight. The carrier that moves the car bears the risk, but it can still be held liable for an employee’s death or injury caused by the defective equipment.

Title 49, §20303

Transportation — Source: USLM XML via OLRC

(a)A vehicle that is equipped in compliance with this chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, without a penalty being imposed under section 21302 of this title, from the place at which the defect or insecurity was first discovered to the nearest available place at which the repairs can be made—

(1)on the railroad line on which the defect or insecurity was discovered; or

(2)at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection.

(b)A vehicle in a revenue train or in association with commercially-used vehicles may be moved under this section with chains instead of drawbars only when the vehicle contains livestock or perishable freight.

(c)The movement of a vehicle under this section is at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising from the movement of a vehicle with equipment that is defective, insecure, or not maintained in compliance with this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20303(a)45:13 (2d sentence proviso words before 1st semicolon).Apr. 14, 1910, ch. 160, § 4 (2d sentence proviso), 36 Stat. 299; Jan. 14, 1983, Pub. L. 97–468, § 704, 96 Stat. 2580. 20303(b)45:13 (2d sentence proviso words after last semicolon). 20303(c)45:13 (2d sentence proviso words between semicolons). In subsections (a) and (b), the word “moved” is substituted for “hauled” and “hauling” for consistency in this section. In subsection (a), before clause (1), the words “A vehicle that is equipped in compliance with this chapter” are substituted for “where any car shall have been properly equipped, as provided in sections 1 to 16 of this title” to eliminate unnecessary words. The words “while such car was being used by such carrier upon its line of railroad” are omitted as surplus since this chapter only applies in the case of vehicles used by railroad carriers on their railroad lines. The word “nevertheless” is added for clarity. The words “when necessary to make repairs” are substituted for “if any such movement is necessary to make such repairs and such repairs cannot be made except at any such repair point” to eliminate unnecessary words. The words “without a penalty being imposed under section 21302 of this title” are substituted for “without liability for the penalties imposed by this section or section 6 of this title” because of the restatement. In subsection (b), the words “A vehicle . . . may be moved under this section . . . only when” are substituted for “and nothing in this proviso shall be construed to permit the hauling of defective cars . . . unless” for clarity and to eliminate unnecessary words. In subsection (c), the word “hauling” is omitted for consistency in this section. The word “proceeding” is substituted for “remedial action” for consistency in the revised title and to ensure that administrative, as well as court proceedings, are included. The words “to recover damages” are added for clarity. The words “arising from” are substituted for “caused . . . by reason of or in connection with” to eliminate unnecessary words.

§20303 Moving defective and insecure vehicles needing repairs

Summary

Title 49, §20303

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata