§20102 — Title 49 Transportation | U.S. Code

Summary

Defines key railroad words used in this part. Class I, Class II, and Class III railroads are groups based on how much money they make each year, using the thresholds set by the Surface Transportation Board at section 1201.1–1 of title 49, Code of Federal Regulations. Railroad means any non‑highway ground transport that runs on rails or electromagnetic guideways. That includes commuter or short‑haul passenger service in metro or suburban areas and the commuter service run by the Consolidated Rail Corporation on January 1, 1979, and it also covers high‑speed systems that link metro areas even if they use new technology. It does not include urban rapid transit systems that are not connected to the general railroad system. Railroad carrier is a person who provides railroad transportation; the Secretary may treat a group of commonly controlled carriers that operate as one integrated U.S. system as a single carrier for one or more parts of part A, subtitle V of this title, with any conditions the Secretary sets. Safety‑related railroad employee lists the kinds of workers covered: employees under chapter 211; other operating railroad employees not under chapter 211; workers who keep up the right of way; hazmat employees as defined in section 5102(3) of this title; people who inspect, repair, or maintain locomotives, passenger cars, or freight cars; and any other railroad employee the Secretary decides directly affects railroad safety.

Title 49, §20102

Transportation — Source: USLM XML via OLRC

In this part—

(1)“Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.

(2)“railroad”—

(A)means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—

(i)commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and

(ii)high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but

(B)does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3)“railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.

(4)“safety-related railroad employee” means—

(A)a railroad employee who is subject to chapter 211;

(B)another operating railroad employee who is not subject to chapter 211;

(C)an employee who maintains the right of way of a railroad;

(D)an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title;

(E)an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and

(F)any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20102(1)45:16.Apr. 14, 1910, ch. 160, § 1, 36 Stat. 298; restated June 22, 1988, Pub. L. 100–342, § 13(3)(E), 102 Stat. 632. 45:22.Feb. 17, 1911, ch. 103, § 1, 36 Stat. 913; June 7, 1924, ch. 355, § 1, 43 Stat. 659; restated June 22, 1988, Pub. L. 100–342, § 14(1), 102 Stat. 632. 45:38 (last sentence).May 6, 1910, ch. 208, 36 Stat. 350, § 1 (last sentence); added June 22, 1988, Pub. L. 100–342, § 15(1)(C), 102 Stat. 633. 45:61(a).Mar. 4, 1907, ch. 2939, § 1(a), 34 Stat. 1415; Dec. 26, 1969, Pub. L. 91–169, § 1, 83 Stat. 463; restated Nov. 2, 1978, Pub. L. 95–574, § 5, 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, § 16(1)(A), 102 Stat. 634. 45:61(b)(1).Mar. 4, 1907, ch. 2939, § 1(b)(1), 34 Stat. 1415; restated Dec. 26, 1969, Pub. L. 91–169, § 1, 83 Stat. 463; June 22, 1988, Pub. L. 100–342, § 16(1)(B), 102 Stat. 634. 45:431(e).Oct. 16, 1970, Pub. L. 91–458, § 202(e), 84 Stat. 971; restated June 22, 1988, Pub. L. 100–342, § 7(a), 102 Stat. 628. 49:App.:26(a).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(a); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; Aug. 26, 1937, ch. 818, 50 Stat. 835; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; restated June 22, 1988, Pub. L. 100–342, § 17(1), 102 Stat. 635. 20102(2)(no source). Clause (1) is substituted for the source provisions to avoid repeating the definition of “railroad” in each chapter in this part. Clause (2) is added to distinguish between railroad transportation and the entity providing railroad transportation.

Editorial Notes

Amendments

2008—Pub. L. 110–432, § 2(b), added pars. (1) and (4) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Par. (3). Pub. L. 110–432, § 407, amended par. (3) generally. Prior to amendment, text read as follows: “ ‘railroad carrier’ means a person providing railroad transportation.”

Statutory Notes and Related Subsidiaries

Definitions Applicable to Division A of Pub. L. 110–432 Pub. L. 110–432, div. A, § 2(a), Oct. 16, 2008, 122 Stat. 4849, as amended by Pub. L. 114–94, div. A, title XI, § 11316(j)(2), Dec. 4, 2015, 129 Stat. 1677, provided that: “In this division [see

Short Title

of 2008 Amendment note set out under section 20101 of this title]: “(1) Crossing.—The term ‘crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks at grade, where—“(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or “(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated. “(2) Department.—The term ‘Department’ means the Department of Transportation. “(3) Railroad.—The term ‘railroad’ has the meaning given that term by section 20102 of title 49, United States Code. “(4) Railroad carrier.—The term ‘railroad carrier’ has the meaning given that term by section 20102 of title 49, United States Code. “(5) Secretary.—The term ‘Secretary’ means the Secretary of Transportation. “(6) State.—The term ‘State’ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.”

§20102 Definitions