49 U.S.C. § 21105 — Limitations on duty hours of dispatching service employees
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 217 words · no verdicts yet
This section sets duty-hour limits for dispatching service employees, not the general train or signal employee rules. Most dispatchers can work up to 9 hours during a 24-hour period if two shifts cover the location, or 12 hours during a 24-hour period if only one shift does. In an emergency, they can work 4 extra hours during a 24-hour period, but on no more than 3 days during any period of 7 consecutive days.
(a) Application: This section, not sections 21103 or 21104, applies to a train or signal employee whenever that employee is doing dispatching service work.
(b) General: A dispatching service employee can't work more than certain limits in a 24-hour period. If at least two shifts work at that tower, office, station, or place, the limit is 9 hours total. If only one shift works there, the limit is 12 hours total. Subsection (d)'s emergency rule is an exception to this.
(c) Determining Time on Duty: If an employee does any other work for the railroad during a 24-hour period when they're on duty at a tower, office, station, or other place, that other work counts as duty time at that location too.
(d) Emergencies: During an emergency, a dispatching service employee can work up to 4 extra hours in a 24-hour period. This can happen on no more than 3 days out of any 7 consecutive days.
This section applies, rather than section 21103 or 21104 of this title, to a train employee or signal employee during any period of time the employee is performing duties of a dispatching service employee.
Except as provided in subsection (d) of this section, a dispatching service employee may not be required or allowed to remain or go on duty for more than—
a total of 9 hours during a 24-hour period in a tower, office, station, or place at which at least 2 shifts are employed; or
a total of 12 hours during a 24-hour period in a tower, office, station, or place at which only one shift is employed.
Under subsection (b) of this section, time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is on duty in a tower, office, station, or other place is time on duty in that tower, office, station, or place.
When an emergency exists, a dispatching service employee may be allowed to remain or go on duty for not more than 4 additional hours during a period of 24 consecutive hours for not more than 3 days during a period of 7 consecutive days.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 890.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 890
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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