§20901 — Title 49 Transportation | U.S. Code

Summary

Railroad companies must, within 30 days after each month ends, send a sworn report to the Secretary of Transportation about every accident or incident that month that caused injury, death, or damage to equipment or the track. The report must explain what happened, the cause, and the surrounding facts. If the company blames human error, any employee who is blamed may add a short statement about factors they say contributed. When the Secretary sets or changes the dollar threshold for reporting, damage amounts must be based on public data from the Bureau of Labor Statistics or other federal sources that used sound, scientific surveys or already had public notice and comment. If that data is not available, the Secretary may use other sources but must give public notice and allow written comments.

Title 49, §20901

Transportation — Source: USLM XML via OLRC

(a)Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident.

(b)(1)In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—

(A)the Bureau of Labor Statistics; or

(B)another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.

(2)If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20901(a)45:38 (1st sentence).May 6, 1910, ch. 208, § 1 (1st sentence), 36 Stat. 350; restated Sept. 13, 1960, Pub. L. 86–762, § 1, 74 Stat. 903; June 22, 1988, Pub. L. 100–342, § 15(1)(A), (B), 102 Stat. 633. 45:39 (related to time of filing report).May 6, 1910, ch. 208, § 2 (related to time of filing report), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, § 204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 15(2), 102 Stat. 634. 45:43a.June 22, 1988, Pub. L. 100–342, § 24, 102 Stat. 639. 49 App.:1655(e)(1)(K).Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939. 20901(b)45:38 (note).Sept. 3, 1992, Pub. L. 102–365, § 15, 106 Stat. 981. In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part. The words “the general manager, superintendent, or other proper officer of” in 45:38 are omitted as surplus because any duty of a railroad carrier must necessarily be carried out through its proper officers and agents. The text of 45:38 (1st sentence proviso) is omitted as executed. In subsection (b), the words “or incident” are added for consistency. The text of section 15(c) of the Rail Safety

Enforcement

and Review Act (Pub. L. 102–365, 106 Stat. 981) is omitted as executed.

Statutory Notes and Related Subsidiaries

Safety Reporting Pub. L. 117–58, div. B, title II, § 22421(b), Nov. 15, 2021, 135 Stat. 750, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], and annually thereafter for the following 4 years, the Secretary [of Transportation] shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration— “(1) the number of cars and length of the involved trains; and “(2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident.” Accident and Incident Reporting Pub. L. 110–432, div. A, title II, § 209, Oct. 16, 2008, 122 Stat. 4876, provided that: “The Federal Railroad Administration shall conduct an audit of each Class I railroad at least once every 2 years and conduct an audit of each non-Class I railroad at least once every 5 years to ensure that all grade crossing collisions and fatalities are reported to any Federal national accident database.” [For definitions of “railroad” and “crossing”, as used in section 209 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]

§20901 Reports