49 U.s.c. 20101

Page 403
Sec.

20132.
20133.
20134.
20135.
20136.
20137.
20138.
20139.
20140.
20141.
20142.
20143.
20144.
20145.
20146.
20147.
20148.
20149.
20150.
20151.
20152.
20153.
20154.
20155.
20156.
20157.
20158.
20159.
20160.
20161.
20162.
20163.
20164.
20165.
20166.
20167.

Visible markers for rear cars.
Passenger cars.
Grade crossings and railroad rights of way.
Licensing or certification of locomotive operators.
Automatic train control and related systems.
Event recorders.
Tampering with safety and operational monitoring devices.
Maintenance-of-way operations on railroad
bridges.
Alcohol and controlled substances testing.
Power brake safety.
Track safety.
Locomotive visibility.
Blue signal protection for on-track vehicles.
Report on bridge displacement detection systems.
Institute for Railroad Safety.
Warning of civil liability.
Railroad car visibility.
Coordination with the Department of Labor.
Positive train control system progress report.
Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy.
Notification of grade crossing problems.
Audible warnings at highway-rail grade crossings.
Capital grants for rail line relocation
projects.
Tank cars.
Railroad safety risk reduction program.
Implementation of positive train control systems.
Railroad safety technology grants.
Roadway user sight distance at highway-rail
grade crossings.
National crossing inventory.
Fostering introduction of new technology to
improve safety at highway-rail grade crossings.
Minimum training standards and plans.
Certification of train conductors.
Development and use of rail safety technology.
Limitations on non-Federal alcohol and drug
testing by railroad carriers.2
Emergency escape breathing apparatus.
Railroad safety infrastructure improvement
grants.
AMENDMENTS

Pub. L. 110–432, div. A, title I, §§ 103(b), 104(b), 105(b),
107(b), 109(b), title II, §§ 203(b), 204(b), 205(b), 208(b),
210(b), title III, § 303(b), title IV, §§ 401(b), 402(e), 406(b),
409(b), 413(b), 418(b), Oct. 16, 2008, 122 Stat. 4856,
4858–4860, 4867, 4869, 4871, 4873, 4876, 4877, 4879, 4883, 4884,
4886, 4887, 4889, 4892, added items 20116 and 20118 to 20120,
substituted ‘‘Railroad trespassing, vandalism, and
highway-rail grade crossing warning sign violation prevention strategy’’ for ‘‘Railroad trespassing and vandalism prevention strategy’’ in item 20151 and ‘‘Notification of grade crossing problems’’ for ‘‘Emergency notification of grade crossing problems’’ in item 20152,
and added items 20156 to 20167.
2005—Pub. L. 109–59, title IX, §§ 9002(a)(2), 9005(b)(2),
Aug. 10, 2005, 119 Stat. 1921, 1925, added items 20154 and
20155.
1995—Pub. L. 104–66, title I, § 1121(g)(2), Dec. 21, 1995,
109 Stat. 724, struck out item 20116 ‘‘Biennial report’’.
1994—Pub. L. 103–440, title II, §§ 206(b), 207(b), 210(b),
211(b), 212(b), 213(b), 214(b), 215(b), 219(b), title III,
§§ 301(b), 302(b), Nov. 2, 1994, 108 Stat. 4621–4624, 4626,
4628, substituted ‘‘Biennial’’ for ‘‘Annual’’ in item 20116
and ‘‘cars’’ for ‘‘equipment’’ in item 20133 and added
items 20145 to 20153.
2 So

§ 20101

TITLE 49—TRANSPORTATION

in original. Does not conform to section catchline.

SUBCHAPTER I—GENERAL
§ 20101. Purpose
The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 863.)
HISTORICAL AND REVISION NOTES
Revised
Section
20101 ..........

Source (U.S. Code)
45:421.

Source (Statutes at Large)
Oct. 16, 1970, Pub. L. 91–458,
§ 101, 84 Stat. 971.

The words ‘‘The Congress declares that’’ are omitted
as surplus. The words ‘‘accidents and incidents’’ are
substituted for ‘‘accidents’’ for consistency with the
source provisions restated in section 20105(b)(1)(B) of
the revised title. The words ‘‘and to reduce deaths and
injuries to persons and to reduce damage to property
caused by accidents involving any carrier of hazardous
materials’’ are omitted as obsolete because they applied to 49 App.:1761 and 1762, that were repealed by section 113(g) of the Hazardous Materials Transportation
Act (Public Law 93–633, 88 Stat. 2163).
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–432, div. A, § 1(a), Oct. 16, 2008, 122 Stat.
4848, provided that: ‘‘This division [see Tables for classification] may be cited as the ‘Rail Safety Improvement Act of 2008’.’’
Pub. L. 110–432, div. B, § 1(a), Oct. 16, 2008, 122 Stat.
4907, provided that: ‘‘This division [enacting chapters
227, 244, and 285 of this title and sections 24105, 24310,
24316, 24702, 24710, 24711, 24910, and 26106 of this title,
amending sections 103, 24101, 24102, 24302, 24308, 24706,
24904, 24905, 26101, and 26104 of this title, enacting provisions set out as notes under sections 24101, 24302, 24305,
24307, 24308, 24405, 24702, 24709, 24711, 24902, and 26106 of
this title, and amending provisions set out as a note
under section 24101 of this title] may be cited as the
‘Passenger Rail Investment and Improvement Act of
2008’.’’
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–134, § 1(a), Dec. 2, 1997, 111 Stat. 2570, provided that: ‘‘This Act [enacting section 28103 of this
title, amending sections 24101, 24102, 24104, 24301 to
24307, 24309, 24312, 24315, 24701, 24706, 24902, and 24904 of
this title, section 8G of the Inspector General Act of
1978, Pub. L. 95–452, set out in the Appendix to Title 5,
Government Organization and Employees, and section
9101 of Title 31, Money and Finance, repealing sections
24310, 24314, 24501 to 24506, 24702 to 24705, 24707, 24708, and
24903 of this title, and section 1111 of Title 45, Railroads, and enacting provisions set out as notes under
this section and sections 24101, 24104, 24301, 24304, 24305,
24307, 24312, 24315, 24501, and 24706 of this title, section
8G of the Appendix to Title 5, and section 172 of Title
26, Internal Revenue Code] may be cited as the ‘Amtrak
Reform and Accountability Act of 1997’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–440, title I, § 101, Nov. 2, 1994, 108 Stat.
4615, provided that: ‘‘This title [enacting sections 26101
to 26105 of this title, renumbering former sections 26101
and 26102 of this title as 28101 and 28102 of this title, respectively, and enacting provisions set out as notes
under section 26101 of this title and section 838 of Title
45, Railroads] may be cited as the ‘Swift Rail Development Act of 1994’.’’
Pub. L. 103–440, title II, § 201, Nov. 2, 1994, 108 Stat.
4619, provided that: ‘‘This title [enacting sections 20145
to 20151 and 21108 of this title, amending sections 103,
20103, 20111, 20116, 20117, 20133, 20142, and 21303 of this
title, and enacting provisions set out as a note under
section 11504 of this title] may be cited as the ‘Federal
Railroad Safety Authorization Act of 1994’.’’

§ 20102

TITLE 49—TRANSPORTATION
RAILROAD SAFETY STRATEGY

Pub. L. 110–432, div. A, title I, § 102, Oct. 16, 2008, 122
Stat. 4852, provided that:
‘‘(a) SAFETY GOALS.—In conjunction with existing
federally-required and voluntary strategic planning efforts ongoing at the Department and the Federal Railroad Administration as of the date of enactment of this
Act [Oct. 16, 2008], the Secretary shall develop a longterm strategy for improving railroad safety to cover a
period of not less than 5 years. The strategy shall include an annual plan and schedule for achieving, at a
minimum, the following goals:
‘‘(1) Reducing the number and rates of accidents,
incidents, injuries, and fatalities involving railroads
including train collisions, derailments, and human
factors.
‘‘(2) Improving the consistency and effectiveness of
enforcement and compliance programs.
‘‘(3) Improving the identification of high-risk highway-rail grade crossings and strengthening enforcement and other methods to increase grade crossing
safety.
‘‘(4) Improving research efforts to enhance and promote railroad safety and performance.
‘‘(5) Preventing railroad trespasser accidents, incidents, injuries, and fatalities.
‘‘(6) Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents,
incidents, injuries, and fatalities caused by catastrophic failures and other bridge and tunnel failures.
‘‘(b) RESOURCE NEEDS.—The strategy and annual plan
shall include estimates of the funds and staff resources
needed to accomplish the goals established by subsection (a). Such estimates shall also include the staff
skills and training required for timely and effective accomplishment of each such goal.
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—The
Secretary shall submit the strategy and annual plan to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure at the
same time as the President’s budget submission.
‘‘(d) ACHIEVEMENT OF GOALS.—
‘‘(1) PROGRESS ASSESSMENT.—No less frequently
than annually, the Secretary shall assess the
progress of the Department toward achieving the
strategic goals described in subsection (a). The Secretary shall identify any deficiencies in achieving the
goals within the strategy and develop and institute
measures to remediate such deficiencies. The Secretary and the Administrator shall convey their assessment to the employees of the Federal Railroad
Administration and shall identify any deficiencies
that should be remediated before the next progress
assessment.
‘‘(2) REPORT TO CONGRESS.—Beginning in 2009, not
later than November 1 of each year, the Secretary
shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure on the performance of the
Federal Railroad Administration containing the
progress assessment required by paragraph (1) toward
achieving the goals of the railroad safety strategy
and annual plans under subsection (a).’’
[For definitions of ‘‘railroad’’, ‘‘Department’’, ‘‘Secretary’’, and ‘‘crossing’’, as used in section 102 of Pub.
L. 110–432, set out above, see section 2(a) of Pub. L.
110–432, set out as a note under section 20102 of this
title.]
REPORTS ON STATUTORY MANDATES AND
RECOMMENDATIONS
Pub. L. 110–432, div. A, title I, § 106, Oct. 16, 2008, 122
Stat. 4859, provided that: ‘‘Not later than December 31,
2008, and annually thereafter, the Secretary shall
transmit a report to the House of Representatives Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Trans-

Page 404

portation on the specific actions taken to implement
unmet statutory mandates regarding railroad safety
and each open railroad safety recommendation made by
the National Transportation Safety Board or the Department’s Inspector General.’’
[For definitions of ‘‘Secretary’’, ‘‘railroad’’, and ‘‘Department’’, as used in section 106 of Pub. L. 110–432, set
out above, see section 2(a) of Pub. L. 110–432, set out as
a note under section 20102 of this title.]

§ 20102. Definitions
In this part—
(1) ‘‘Class I railroad’’, ‘‘Class II railroad’’,
and ‘‘Class III railroad’’ mean railroad carriers
that have annual carrier operating revenues
that meet the threshold amount for Class I
carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section
1201.1–1 of title 49, Code of Federal Regulations.
(2) ‘‘railroad’’—
(A) means any form of nonhighway ground
transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan
or suburban area and commuter railroad
service that was operated by the Consolidated Rail Corporation on January 1, 1979;
and
(ii) high speed ground transportation
systems that connect metropolitan areas,
without regard to whether those systems
use new technologies not associated with
traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of
transportation.
(3) ‘‘railroad carrier’’ means a person providing railroad transportation, except that, upon
petition by a group of commonly controlled
railroad carriers that the Secretary determines is operating within the United States as
a single, integrated rail system, the Secretary
may by order treat the group of railroad carriers as a single railroad carrier for purposes
of one or more provisions of part A, subtitle V
of this title and implementing regulations and
order, subject to any appropriate conditions
that the Secretary may impose.
(4)
‘‘safety-related
railroad
employee’’
means—
(A) a railroad employee who is subject to
chapter 211;
(B) another operating railroad employee
who is not subject to chapter 211;
(C) an employee who maintains the right
of way of a railroad;
(D) an employee of a railroad carrier who
is a hazmat employee as defined in section
5102(3) of this title;
(E) an employee who inspects, repairs, or
maintains locomotives, passenger cars, or
freight cars; and
(F) any other employee of a railroad carrier who directly affects railroad safety, as
determined by the Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 863;
Pub. L. 110–432, div. A, § 2(b), title IV, § 407, Oct.
16, 2008, 122 Stat. 4850, 4886.)