49 U.S.C. § 20703 — Accident reports and investigations
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 223 words · no verdicts yet
When a locomotive failure causes a serious injury or death, the railroad must immediately report it in writing and preserve the damaged parts until the investigation ends. The Secretary of Transportation must investigate, inspect the parts, and issue a detailed report, which can't be used as evidence in a related civil damages lawsuit.
(a) Accident Reports and Scene Preservation. When a locomotive, tender, or part failure causes an accident or incident that seriously injures or kills someone, the railroad owning or operating the equipment must: immediately file a written statement of the accident with the Secretary of Transportation; and, if the locomotive can no longer run under its own power, preserve all the affected parts intact, without interfering with traffic if possible, until the investigation is complete.
(b) Investigations. The Secretary must investigate each reported accident or incident, inspect each affected part, and produce a complete, detailed report on its cause.
(c) Publication and Use of Investigation Reports. If the Secretary decides it serves the public interest, the Secretary may publish the investigation report, stating the cause and making recommendations. No part of the report can be used as evidence in a civil damages lawsuit connected to the accident.
When the failure of a locomotive, tender, or locomotive or tender part or appurtenance results in an accident or incident causing serious personal injury or death, the railroad carrier owning or operating the locomotive or tender—
immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and
when the locomotive is disabled to the extent it cannot be operated under its own power, shall preserve intact all parts affected by the accident or incident, if possible without interfering with traffic, until an investigation of the accident or incident is completed.
The Secretary shall—
investigate each accident and incident reported under subsection (a) of this section;
inspect each part affected by the accident or incident; and
make a complete and detailed report on the cause of the accident or incident.
When the Secretary considers publication to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the accident or incident and making appropriate recommendations. No part of a report may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 886.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 886
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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