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49 U.S.C. § 20148Railroad car visibility

submitted 32 years ago by Pub. L. 103-440 to r/title-49-TRANSPORTATION · 209 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation must review federal rules on how visible railroad cars are. If added visibility would improve safety and be cost-effective, the Secretary must issue new rules. Those rules would apply to newly built or rebuilt railroad cars. The Secretary may exclude certain trains or operations if that serves the public interest and safety.

(a) Review of Rules. The Secretary of Transportation must review the Department of Transportation's rules about how visible railroad cars are to others. As part of that review, the Secretary must gather real-world data from railroads that already use enhanced visibility measures. (b) Regulations. If that review shows that better visibility would likely improve safety in a cost-effective way, the Secretary must start a rulemaking process to set enhanced visibility standards for newly manufactured and rebuilt, or "remanufactured," railroad cars. While writing those rules, the Secretary must at least consider: (1) how visible railroad cars are to traffic that is not on the railroad; (2) whether certain paint colors on railroad cars should be required or banned; (3) using reflective materials; (4) how visible lettering on the cars is; (5) how any new visibility measures would affect the health and safety of train crews; and (6) the cost-benefit ratio of any new rules. (c) Exclusions. When writing these regulations, the Secretary may exempt any category of trains or railroad operations from a specific visibility rule, if the Secretary decides that exemption serves the public interest and does not compromise railroad safety.
the actual law source: uscode.house.gov ↗public domain
(a)Review of Rules.—

The Secretary of Transportation shall conduct a review of the Department of Transportation’s rules with respect to railroad car visibility. As part of this review, the Secretary shall collect relevant data from operational experience by railroads having enhanced visibility measures in service.

(b)Regulations.—

If the review conducted under subsection (a) establishes that enhanced railroad car visibility would likely improve safety in a cost-effective manner, the Secretary shall initiate a rulemaking proceeding to prescribe regulations requiring enhanced visibility standards for newly manufactured and remanufactured railroad cars. In such proceeding the Secretary shall consider, at a minimum—

(1)

visibility of railroad cars from the perspective of nonrailroad traffic;

(2)

whether certain railroad car paint colors should be prohibited or required;

(3)

the use of reflective materials;

(4)

the visibility of lettering on railroad cars;

(5)

the effect of any enhanced visibility measures on the health and safety of train crew members; and

(6)

the cost/benefit ratio of any new regulations.

(c)Exclusions.—

In prescribing regulations under subsection (b), the Secretary may exclude from any specific visibility requirement any category of trains or railroad operations if the Secretary determines that such an exclusion is in the public interest and is consistent with railroad safety.

Source credit: (Added Pub. L. 103–440, title II, § 212(a), Nov. 2, 1994, 108 Stat. 4622.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-440 · 108 Stat. 4622

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-440 on 1994-11-02.

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