PRIA, Government Policy, Made Personal

Summary

Allows a rail car that meets equipment rules but becomes defective or unsafe to be moved, when needed, to get fixed, without a penalty under section 21302. The move can go from where the problem was found to the nearest place that can do the repairs. It may travel on the same railroad line where the defect was found, or, if a connecting railroad chooses, on the connecting railroad’s line so long as that repair spot is not farther than the nearest place on the original line. Chains can be used instead of drawbars only when the car holds livestock or perishable goods. The railroad that makes the move takes the risk for that movement, but this does not stop claims for death or injury to a railroad employee caused by moving a car with defective or unsafe equipment.

Title 49, §20303

Transportation, Source: USLM XML via OLRC

(a)General.—

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)Use of Chains Instead of Drawbars.—

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)Liability.—

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