
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20135]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
 
Sec. 20135. Licensing or certification of locomotive operators

    (a) General.--The Secretary of Transportation shall prescribe 
regulations and issue orders to establish a program requiring the 
licensing or certification, after one year after the program is 
established, of any operator of a locomotive.
    (b) Program Requirements.--The program established under subsection 
(a) of this section--
        (1) shall be carried out through review and approval of each 
    railroad carrier's operator qualification standards;
        (2) shall provide minimum training requirements;
        (3) shall require comprehensive knowledge of applicable railroad 
    carrier operating practices and rules;
        (4) except as provided in subsection (c)(1) of this section, 
    shall require consideration, to the extent the information is 
    available, of the motor vehicle driving record of each individual 
    seeking licensing or certification, including--
            (A) any denial, cancellation, revocation, or suspension of a 
        motor vehicle operator's license by a State for cause within the 
        prior 5 years; and
            (B) any conviction within the prior 5 years of an offense 
        described in section 30304(a)(3)(A) or (B) of this title;

        (5) may require, based on the individual's driving record, 
    disqualification or the granting of a license or certification 
    conditioned on requirements the Secretary prescribes; and
        (6) shall require an individual seeking a license or 
    certification--
            (A) to request the chief driver licensing official of each 
        State in which the individual has held a motor vehicle 
        operator's license within the prior 5 years to provide 
        information about the individual's driving record to the 
        individual's employer, prospective employer, or the Secretary, 
        as the Secretary requires; and
            (B) to make the request provided for in section 30305(b)(4) 
        of this title for information to be sent to the individual's 
        employer, prospective employer, or the Secretary, as the 
        Secretary requires.

    (c) Waivers.--(1) The Secretary shall prescribe standards and 
establish procedures for waiving subsection (b)(4) of this section for 
an individual or class of individuals who the Secretary decides are not 
currently unfit to operate a locomotive. However, the Secretary may 
waive subsection (b)(4) for an individual or class of individuals with a 
conviction, cancellation, revocation, or suspension described in 
paragraph (2)(A) or (B) of this subsection only if the individual or 
class, after the conviction, cancellation, revocation, or suspension, 
successfully completes a rehabilitation program established by a 
railroad carrier or approved by the Secretary.
    (2) If an individual, after the conviction, cancellation, 
revocation, or suspension, successfully completes a rehabilitation 
program established by a railroad carrier or approved by the Secretary, 
the individual may not be denied a license or certification under 
subsection (b)(4) of this section because of--
        (A) a conviction for operating a motor vehicle when under the 
    influence of, or impaired by, alcohol or a controlled substance; or
        (B) the cancellation, revocation, or suspension of the 
    individual's motor vehicle operator's license for operating a motor 
    vehicle when under the influence of, or impaired by, alcohol or a 
    controlled substance.

    (d) Opportunity for Hearing.--An individual denied a license or 
certification or whose license or certification is conditioned on 
requirements prescribed under subsection (b)(4) of this section shall be 
entitled to a hearing under section 20103(e) of this title to decide 
whether the license has been properly denied or conditioned.
    (e) Opportunity to Examine and Comment on Information.--The 
Secretary, employer, or prospective employer, as appropriate, shall make 
information obtained under subsection (b)(6) of this section available 
to the individual. The individual shall be given an opportunity to 
comment in writing about the information. Any comment shall be included 
in any record or file maintained by the Secretary, employer, or 
prospective employer that contains information to which the comment is 
related.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 874.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20135(a)..............................  45:431(i)(1).                    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  202(i); added June 22,
                                                                          1988,
 Pub. L. 100-342, Secs.  4(a),
                                                                          7(b),
 102 Stat. 625, 628; Sept. 3,
                                                                          1992,
 Pub. L. 102-365, Sec.  2(1), 106
                                                                          Stat.
 972.
20135(b)..............................  45:431(i)(2).
20135(c)(1)...........................  45:431(i)(4).
20135(c)(2)...........................  45:431(i)(6).
20135(d)..............................  45:431(i)(5).
20135(e)..............................  45:431(i)(3).
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---------------------------------

    In subsection (a), the words ``within 12 months after June 22, 
1988'' are omitted as executed. The words ``including any locomotive 
engineer'' are omitted as surplus. The words ``after one year after'' 
are substituted for ``after the expiration of 12 months following'' to 
eliminate unnecessary words.
    In subsection (b)(5), the word ``requirements'' is substituted for 
``terms'' for consistency in this section.
    In subsection (c)(1), the words ``In establishing the program under 
this subsection'' are omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in section 20138 of this title.
