49 U.S.C. § 20303 — Moving defective and insecure vehicles needing repairs

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

A railroad vehicle that meets safety rules but later develops a defect can still be moved to the nearest repair spot without being penalized. Vehicles carrying livestock or perishable freight can use chains instead of drawbars for that move, but the moving railroad alone bears the risk and can still be sued if a worker gets hurt from the broken equipment.

(a) General. A vehicle that was properly equipped under this chapter, but whose equipment later becomes defective or insecure, may still be moved, without the penalty under section 21302, from where the problem was found to the nearest place the repairs can be made, either on the same railroad's own line, or, if a connecting railroad's line is not farther away, on that connecting line instead. (b) Use of Chains Instead of Drawbars. A vehicle in a revenue train, or mixed with commercially used vehicles, may be moved this way using chains instead of drawbars only if it is carrying livestock or perishable freight. (c) Liability. Only the railroad that moves the vehicle bears the risk of that move. This section does not excuse a carrier from liability in a case over a railroad worker's death or injury caused by moving a vehicle whose equipment was defective, insecure, or otherwise not kept up under this chapter.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 882.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 882

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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