
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: 49USC20303]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                     CHAPTER 203--SAFETY APPLIANCES
 
Sec. 20303. Moving defective and insecure vehicles needing 
        repairs
        
    (a) General.--A vehicle that is equipped in compliance with this 
chapter whose equipment becomes defective or insecure nevertheless may 
be moved when necessary to make repairs, without a penalty being imposed 
under section 21302 of this title, from the place at which the defect or 
insecurity was first discovered to the nearest available place at which 
the repairs can be made--
        (1) on the railroad line on which the defect or insecurity was 
    discovered; or
        (2) at the option of a connecting railroad carrier, on the 
    railroad line of the connecting carrier, if not farther than the 
    place of repair described in clause (1) of this subsection.

    (b) Use of Chains Instead of Drawbars.--A vehicle in a revenue train 
or in association with commercially-used vehicles may be moved under 
this section with chains instead of drawbars only when the vehicle 
contains livestock or perishable freight.
    (c) Liability.--The movement of a vehicle under this section is at 
the risk only of the railroad carrier doing the moving. This section 
does not relieve a carrier from liability in a proceeding to recover 
damages for death or injury of a railroad employee arising from the 
movement of a vehicle with equipment that is defective, insecure, or not 
maintained in compliance with this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 882.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20303(a)..............................  45:13 (2d sentence proviso       Apr. 1
4, 1910, ch. 160, Sec.  4 (2d
                                         words before 1st semicolon).     sente
nce proviso), 36 Stat. 299; Jan.
                                                                          14, 1
983, Pub. L. 97-468, Sec.  704,
                                                                          96 St
at. 2580.
20303(b)..............................  45:13 (2d sentence proviso
                                         words after last semicolon).
20303(c)..............................  45:13 (2d sentence proviso
                                         words between semicolons).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), the word ``moved'' is substituted for 
``hauled'' and ``hauling'' for consistency in this section.
    In subsection (a), before clause (1), the words ``A vehicle that is 
equipped in compliance with this chapter'' are substituted for ``where 
any car shall have been properly equipped, as provided in sections 1 to 
16 of this title'' to eliminate unnecessary words. The words ``while 
such car was being used by such carrier upon its line of railroad'' are 
omitted as surplus since this chapter only applies in the case of 
vehicles used by railroad carriers on their railroad lines. The word 
``nevertheless'' is added for clarity. The words ``when necessary to 
make repairs'' are substituted for ``if any such movement is necessary 
to make such repairs and such repairs cannot be made except at any such 
repair point'' to eliminate unnecessary words. The words ``without a 
penalty being imposed under section 21302 of this title'' are 
substituted for ``without liability for the penalties imposed by this 
section or section 6 of this title'' because of the restatement.
    In subsection (b), the words ``A vehicle . . . may be moved under 
this section . . . only when'' are substituted for ``and nothing in this 
proviso shall be construed to permit the hauling of defective cars . . . 
unless'' for clarity and to eliminate unnecessary words.
    In subsection (c), the word ``hauling'' is omitted for consistency 
in this section. The word ``proceeding'' is substituted for ``remedial 
action'' for consistency in the revised title and to ensure that 
administrative, as well as court proceedings, are included. The words 
``to recover damages'' are added for clarity. The words ``arising from'' 
are substituted for ``caused . . . by reason of or in connection with'' 
to eliminate unnecessary words.

                  Section Referred to in Other Sections

    This section is referred to in sections 501, 20302 of this title.
