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4. Grab irons or handholds for security in coupling and uncoupling cars.

5. Standard height of drawbars for freight cars; noncomplying cars excluded from traffic.

6.

Failure to equip cars as provided; duty of United States attorneys and Secretary of Transportation; exceptions from operation of provisions.

7. Assumption of risk by employees.

8.

9.

10.

Provisions of certain sections extended.

Power or train brakes; operation by engineer; rules for installation, inspection, maintenance, and repair.

Former duties, requirements, and liabilities continued unless specifically amended.

11. Safety appliances required for each car; when hand brakes may be omitted.

12. Safety appliances, as designated by the Secretary of Transportation to be standards of equipment; modification of standard height of drawbars. 13. Penalty for using car not equipped as provided; hauling car for repairs where equipment becomes defective; liability for death or injury of employee; use of chains instead of drawbars.

14. Liability for using car with defective equipment, except as specified.

15.

17.

Enforcement by Secretary.

16. Application of provisions to common carriers and vehicles subject to "Safety Appliance Acts". Locomotives to be equipped with safety ash pans. 18. Penalty for violation, and actions therefor; duties of United States attorneys and of Secretary. Enforcement by Secretary of provisions as to safety ash pans.

19.

Page 11109

44 to 46. Transferred.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 48 section 751.

§ 1. Driving-wheel brakes and appliances for operating train-brake system.

It shall be unlawful for any common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power driving-wheel brake and appliances for operating the train-brake system, or to run any train in such traffic that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose. (Mar. 2, 1893, ch. 196, § 1, 27 Stat. 531.)

TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (e) (1) (A) of Title 49, Transportation.

SAFETY APPLIANCE ACTS The following acts are commonly referred to as Safety Appliance Acts:

Mar. 2, 1893, ch. 196, 27 Stat. 531. See sections 1-7 of this title.

Mar. 2, 1903, ch. 976, 32 Stat. 943. See sections 8-10 of this title.

Apr. 14, 1910, ch. 160, 36 Stat. 298. See sections 11-16 of this title.

CROSS REFERENCES

Assumption of risk by employees, see section 7 of this

title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 6, 7, 8, 9, 10, 13, 14, 16, 37 of this title.

§ 2. Automatic couplers.

It shall be unlawful for any common carrier engaged in interstate commerce by railroad to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars. (Mar. 2, 1893, ch. 196, § 2, 27 Stat. 531.)

TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (e) (1) (A) of Title 49, Transportation.

CROSS REFERENCES

Assumption of risk by employees, see section 7 of this

title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 6, 7, 8, 9, 10, 13, 14, 16, 37 of this title.

§ 3. Refusal of insufficiently equipped cars from connecting lines.

When any person, firm, company, or corporation engaged in interstate commerce by railroad shall have equipped a sufficient number of its cars so as to comply with the provisions of section 1 of this title, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with said section, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by sections 1 to 7 of this title. (Mar. 2, 1893, ch. 196, § 3, 27 Stat. 531.)

TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (e) (1) (A) of Title 49, Transportation.

CROSS REFERENCES

Assumption of risk by employees, see section 7 of this

title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6, 7, 8, 9, 10, 13, 14, 16, 37 of this title.

§ 4. Grab irons or handholds for security in coupling and uncoupling cars.

Until otherwise ordered by the Secretary of Transportation, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars. (Mar. 2, 1893, ch. 196, § 4. 27 Stat. 531.)

TRANSFER OF FUNCTIONS

The Secretary of Transportation was substituted for the Interstate Commerce Commission pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers to the Secretary of Transportation. See section 1655 (e) (1) (A) of Title 49, Transportation.

CROSS REFERENCES

Assumption of risk by employees, see section 7 of this

title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 6, 7, 8, 9, 10, 12, 13, 14, 16, 37 of this title.

§ 5. Standard height of drawbars for freight cars; noncomplying cars excluded from traffic.

No freight cars, either loaded or unloaded, shall be used in interstate traffic which do not comply with the prescribed standard as to height of drawbars. (Mar. 2, 1893, ch. 196, § 5, 27 Stat. 531.) CODIFICATION

Section is based on last sentence of section 5 of Act Mar. 2, 1893. The first part of section 5, authorizing the American Railway Association to designate the standard height of drawbars and to certify its determination to the Interstate Commerce Commission, and requiring the Commission to give notice of the standard to all common carriers and to determine a standard if the association failed to do so, was omitted as executed.

TRANSFER OF FUNCTIONS

All powers duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(e)(1) of Title 49, Transportation.

CROSS REFERENCES

Assumption of risk by employees, see section 7 of this

title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

Modification of height of drawbars by Interstate Commerce Commission, see section 12 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 6, 7, 8, 9, 10, 13, 14, 16, 37 of this title.

§ 6. Failure to equip cars as provided; duty of United States attorneys and Secretary of Transportation; exceptions from operation of provisions. Any common carrier engaged in interstate commerce by railroad using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of sections 1 to 7 of this title, shall be liable to a penalty of $250 for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such United States attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Secretary of Transportation to lodge with the proper United States attorneys information of any such violations as may come to his knowledge: Provided, That nothing in sections 1 to 7 of this title shall apply to trains composed of fourwheel cars or to trains composed of eight-wheel standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs. (Mar. 2, 1893, ch. 196, § 6, 27 Stat. 532; Apr. 1, 1896, ch. 87, 29 Stat. 85; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Aug. 14, 1957, Pub. L. 85-135, § 1 (1), 71 Stat. 352.)

AMENDMENTS

1957-Pub. L. 85-135 substituted "$250" for "$100". TRANSFER OF FUNCTIONS

The Secretary of Transportation was substituted for the Interstate Commerce Commission pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers to the Secretary of Transportation. See section 1655 (e) (1) (A) of Title 49, Transportation.

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorneys" for "district attorneys" in the catchline and "United States attorney" for "United States district attorney", "United States attorney" for "district attorney" and "United States attorneys" for "district attorneys", respectively, in the order enumerated in the text of this section. See section 541 of Title 28, Judiciary and Judicial Procedure.

CROSS REFERENCES

Assumption of risk by employees, see section 7 of this

title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3, 7, 8, 9, 10, 13, 14, 16, 37 of this title.

§ 7. Assumption of risk by employees.

Any employee of any common carrier engaged in Interstate commerce by railroad who may be injured

by any locomotive, car, or train in use contrary to the provision of sections 1 to 7 of this title shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, car, or train had been brought to his knowledge. (Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532.) TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(e) (1) of Title 49, Transportation.

CROSS REFERENCES

Assumption of risks of employment, see section 54 of this title.

Common carriers by railroads in the Territories and the District of Columbia, section as applicable to, see section 8 of this title.

Contributory negligence by employees, see section 53 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3, 6, 8, 9, 10, 13, 14, 16, 37 of this title.

§ 8. Provisions of certain sections extended.

The provisions and requirements of sections 1 to 7 of this title shall be held to apply to common carriers by railroads in the Territories and the District of Columbia and shall apply in all cases, whether or not the couplers brought together are of the same kind, make, or type; and the provisions and requirements relating to train brakes, automatic couplers, grab irons, and the height of drawbars shall be held to apply to all trains, locomotives, tenders, cars, and similar vehicles used on any railroad engaged in interstate commerce, and in the Territories and the District of Columbia, and to all other locomotives, tenders, cars, and similar vehicles used in connection therewith, excepting those trains, cars, and locomotives exempted by the provisions of section 6 of this title, or which are used upon street railways. (Mar. 2, 1903, ch. 976, § 1, 32 Stat. 943.)

TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (e)(1) of Title 49, Transportation.

SAFETY APPLIANCE ACT

This section and sections 9 and 10 of this title constitute the Safety Appliance Act of Mar. 2, 1903. Act Mar. 2, 1903 amended the Safety Appliance Act of Mar. 2, 1893, ch. 196, 27 Stat. 531, as amended by act Apr. 1, 1896, ch. 87, 29 Stat. 85.

CROSS REFERENCES Carriers subject to section generally, see section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10, 13, 14, 16 of this title.

§ 9. Power or train brakes; operation by engineer; rules for installation, inspection, maintenance, and repair.

Whenever, as provided in sections 1 to 7 of this title, any train is operated with power or train brakes not less than 50 per centum of the cars in such train shall have their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said 50 per centum shall have their brakes so used and operated; and, to more fully carry into effect the objects of said sections, the Secretary of Transportation may, from time to time, after full hearing, increase the minimum percentage of cars in any train required to be operated with power or train brakes which must have their brakes used and operated as aforesaid. The rules, standards, and instructions of the Association of American Railroads, adopted in 1925 and revised in 1933, 1934, 1941, and 1953, with such revisions as may have been adopted prior to the date of enactment of the Power or Train Brakes Safety Appliance Act of 1958, for the installation, inspection, maintenance, and repair of all power or train brakes for common carriers engaged in interstate commerce by railroad shall remain the rules, standards, and instructions for the installation, inspection, maintenance, and repair of all power or train brakes unless changed, after hearing, by order of the Secretary of Transportation: Provided, however, That such rules or standards or instructions or changes therein shall be promulgated solely for the purpose of achieving safety. The provisions and requirements of this section shall apply to all trains, locomotives, tenders, cars, and similar vehicles used, hauled, or permitted to be used or hauled, by any railroad engaged in interstate commerce. In the execution of this section, the Secretary of Transportation may utilize the services of the Association of American Railroads, and may avail himself of the advice and assistance of any department, commission, or board of the United States Government, and of State governments, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law. Failure to comply with any rule, regulation, or requirement promulgated by the Secretary of Transportation pursuant to the provisions of this section shall be subject to the like penalty as failure to comply with any requirement of this section. (Mar. 2, 1903, ch. 976, § 2, 32 Stat. 943; Apr. 11, 1958, Pub. L. 85-375, 72 Stat. 86.)

REFERENCES IN TEXT

The Power or Train Brakes Safety Appliance Act of 1958, referred to in the text, is Pub. L. 85-375, which amended this section.

The date of enactment of the Power or Train Brakes Safety Appliance Act of 1958, referred to in the text, is Apr. 11, 1958.

CODIFICATION

Provisions for the initial adoption and implementation by the Interstate Commerce Commission of the rules, standards, and instructions of the Association of American Railroads one hundred and twenty days after the enactment of the Power or Train Brakes Safety Appliance Act of 1958, have been omitted as executed.

AMENDMENTS

1958-Pub. L. 85-375 required the Commission {now the Secretary of Transportation, see Transfer of Functions note below] to adopt and put into effect the rules, standards, and instructions of the Association of American Railroads for the installation, inspection, maintenance, and repair of all power or train brakes.

TRANSFER OF FUNCTIONS

The Secretary of Transportation was substituted for the Interstate Commerce Commission pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers to the Secretary of Transportation. See section 1655 (e) (1) (B) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10, 13, 14, 16 of of this title.

§ 10. Former duties, requirements, and liabilities continued unless specifically amended.

Nothing in sections 8 and 9 of this title shall be held or construed to relieve any common carrier, the Secretary of Transportation, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of sections 1 to 7 of this title, and all of such provisions, powers, duties, requirements, and liabilities shall, except as specifically amended by sections 8 and 9 of this title, apply thereto. (Mar. 2, 1903, ch. 976, § 3, 32 Stat. 943; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

TRANSFER OF FUNCTIONS

The Secretary of Transportation was substituted for the Interstate Commerce Commission pursuant to Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers to the Secretary of Transportation. See section 1655 (e) (1) (B) of Title 49, Transportation.

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "United States district attorney". See section 541 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13, 14, 16 of this title.

§ 11. Safety appliances required for each car; when hand brakes may be omitted.

It shall be unlawful for any common carrier subject to the provisions of sections 11 to 16 of this title to haul, or permit to be hauled or used on its line, any car subject to the provisions of said sections not equipped with appliances provided for in said sections, to wit: All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards shall be equipped with such ladders and running boards, and all cars having ladders shall also be equipped with secure handholds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted

on all save one of the cars while they are thus combined for such purpose. (Apr. 14, 1910, ch. 160, § 2, 36 Stat. 298.)

TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (e) (1) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 13, 14, 15, 16 of this title.

§ 12. Safety appliances, as designated by the Secretary of Transportation to be standards of equipment; modification of standard height of drawbars.

The number, dimensions, location, and manner of application of the appliances provided for by sections 4 and 11 of this title as designated by the Secretary of Transportation shall remain as the standards of equipment to be used on all cars subject to the provisions of sections 11 to 16 of this title, unless changed by an order of said Secretary of Transportation to be made after full hearing and for good cause shown; and failure to comply with any such requirement of the Secretary of Transportation shall be subject to a like penalty as failure to comply with any requirement of sections 11 to 16 of this title. Said Secretary is given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the Secretary. (Apr. 14, 1910, ch. 160, § 3, 36 Stat. 298.)

TRANSFER OF FUNCTIONS

The Secretary of Transportation was substituted for the Interstate Commerce Commission pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers to the Secretary of Transportation. See section 1655 (e) (1) (C) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 13, 14, 15, 16 of this title.

§ 13. Penalty for using car not equipped as provided; hauling car for repairs where equipment becomes defective; liability for death or injury of employee; use of chains instead of drawbars. Any common carrier subject to sections 11 to 16 of this title using, hauling, or permitting to be used or hauled on its line, any car subject to the requirements of said sections not equipped as provided in said sections, shall be liable to a penalty of $250 for

each and every such violation, to be recovered as provided in section 6 of this title: Provided, That where any car shall have been properly equipped, as provided in sections 1 to 16 of this title, and such equipment shall have become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by this section or section 6 of this title, if such movement is necessary to make such repairs and such repairs cannot be made except at such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of sections 1 to 16 of this title; and nothing in this proviso shall be construed to permit the hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain livestock or "perishable" freight. (Apr. 14, 1910, ch. 160, § 4, 36 Stat. 299; Aug. 14, 1957, Pub. L. 85-135, § 1 (2), 71 Stat. 352.)

AMENDMENTS

1957-Pub. L. 85-135 substituted "$250" for "$100".

TRANSFER OF FUNCTIONS

All powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof relating to safety appliances and equipment on railroad engines and cars and the protection of employees and travelers were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (e) (1) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 12, 14, 15, 16 of this title.

§ 14. Liability for using car with defective equipment, except as specified.

Except that, within the limits specified in section 13 of this title the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in sections 11 to 16 of this title shall be held or construed to relieve any common carrier, the Secretary of Transportation, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements heretofore set out in sections 1 to 10 of this title; and, except as aforesaid, all of such provisions, powers, duties, requirements, and liabilities shall apply to sections 11 to 16 of this title. (Apr. 14, 1910, ch. 160, § 5, 36 Stat. 299.)

REFERENCES IN TEXT

"Penalty provided by the statutes", referred to in the text, may have reference to the penalty provisions specified in section 13 of this title.

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