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49 U.S.C. § 20141Power brake safety

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 417 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation had to review and update railroad power-brake rules, including standards for dynamic braking. The Secretary also had to require most road trains to carry 2-way end-of-train devices for emergency braking. Certain trains, like those with manned cabooses or low speeds, are excluded from these rules.

(a) Review and Revision of Existing Regulations. The Secretary of Transportation had to review the existing regulations on railroad power brakes and, by December 31, 1993, revise them based on safety information from that review. Where it applied, the Secretary had to set standards for dynamic braking equipment. (b) 2-Way End-of-Train Devices. (1) The Secretary had to require 2-way end-of-train devices (or devices that do the same job) on road trains — except locals, road switchers, or work trains — so emergency braking could be triggered from the rear of the train. The Secretary had to issue these rules as soon as possible, and no later than December 31, 1993. At minimum, the rules had to (A) set performance-based standards for the devices; (B) stop a railroad, starting one year after the rules were issued, from buying any end-of-train device that was not a 2-way device meeting those standards; (C) require trains to be equipped with qualifying 2-way devices within 4 years after the rules were issued; and (D) treat any 2-way device bought before the rules were issued as meeting the standards. (2) The Secretary could consider petitions to amend these rules to allow alternative technologies that meet the same basic performance requirements. (3) In writing these rules, the Secretary had to consider the information gathered under subsection (a). (c) Exclusions. The Secretary may exclude any category of trains or rail operations from the rules under (a) and (b) if the Secretary decides the exclusion serves the public interest and is consistent with railroad safety, and must publicly explain why. At minimum, the Secretary had to exclude from the rules under (b): (1) trains with manned cabooses; (2) passenger trains that have emergency brakes; (3) trains that run only on track outside the general railroad system; (4) trains that do not exceed 30 miles an hour and do not run on heavy grades, except for categories the Secretary specifically names; and (5) trains running in push mode.
the actual law source: uscode.house.gov ↗public domain
(a)Review and Revision of Existing Regulations.—

The Secretary of Transportation shall review existing regulations on railroad power brakes and, not later than December 31, 1993, revise the regulations based on safety information presented during the review. Where applicable, the Secretary shall prescribe regulations that establish standards on dynamic braking equipment.

(b) 2-Way End-of-Train Devices.—
(1)

The Secretary shall require 2-way end-of-train devices (or devices able to perform the same function) on road trains, except locals, road switchers, or work trains, to enable the initiation of emergency braking from the rear of a train. The Secretary shall prescribe regulations as soon as possible, but not later than December 31, 1993, requiring the 2-way end-of-train devices. The regulations at least shall—

(A)

establish standards for the devices based on performance;

(B)

prohibit a railroad carrier, on or after the date that is one year after the regulations are prescribed, from acquiring any end-of-train device for use on trains that is not a 2-way device meeting the standards established under clause (A) of this paragraph;

(C)

require that the trains be equipped with 2-way end-of-train devices meeting those standards not later than 4 years after the regulations are prescribed; and

(D)

provide that any 2-way end-of-train device acquired for use on trains before the regulations are prescribed shall be deemed to meet the standards.

(2)

The Secretary may consider petitions to amend the regulations prescribed under paragraph (1) of this subsection to allow the use of alternative technologies that meet the same basic performance requirements established by the regulations.

(3)

In developing the regulations required by paragraph (1) of this subsection, the Secretary shall consider information presented under subsection (a) of this section.

(c)Exclusions.—

The Secretary may exclude from regulations prescribed under subsections (a) and (b) of this section any category of trains or rail operations if the Secretary decides that the exclusion is in the public interest and is consistent with railroad safety. The Secretary shall make public the reasons for the exclusion. The Secretary at least shall exclude from the regulations prescribed under subsection (b)—

(1)

trains that have manned cabooses;

(2)

passenger trains with emergency brakes;

(3)

trains that operate only on track that is not part of the general railroad system;

(4)

trains that do not exceed 30 miles an hour and do not operate on heavy grades, except for any categories of trains specifically designated by the Secretary; and

(5)

trains that operate in a push mode.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 878.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 878

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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