
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: 49USC20702]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                        CHAPTER 207--LOCOMOTIVES
 
Sec. 20702. Inspections, repairs, and inspection and repair 
        reports
        
    (a) General.--The Secretary of Transportation shall--
        (1) become familiar, so far as practicable, with the condition 
    of every locomotive and tender and its parts and appurtenances;
        (2) inspect every locomotive and tender and its parts and 
    appurtenances as necessary to carry out this chapter, but not 
    necessarily at stated times or at regular intervals; and
        (3) ensure that every railroad carrier makes inspections of 
    locomotives and tenders and their parts and appurtenances as 
    required by regulations prescribed by the Secretary and repairs 
    every defect that is disclosed by an inspection before a defective 
    locomotive, tender, part, or appurtenance is used again.

    (b) Noncomplying Locomotives, Tenders, and Parts.--(1) When the 
Secretary finds that a locomotive, tender, or locomotive or tender part 
or appurtenance owned or operated by a railroad carrier does not comply 
with this chapter or a regulation prescribed under this chapter, the 
Secretary shall give the carrier written notice describing any defect 
resulting in noncompliance. Not later than 5 days after receiving the 
notice of noncompliance, the carrier may submit a written request for a 
reinspection. On receiving the request, the Secretary shall provide for 
the reinspection by an officer or employee of the Department of 
Transportation who did not make the original inspection. The 
reinspection shall be made not later than 15 days after the date the 
Secretary gives the notice of noncompliance.
    (2) Immediately after the reinspection is completed, the Secretary 
shall give written notice to the railroad carrier stating whether the 
locomotive, tender, part, or appurtenance is in compliance. If the 
original finding of noncompliance is sustained, the carrier has 30 days 
after receipt of the notice to file an appeal with the Secretary. If the 
carrier files an appeal, the Secretary, after providing an opportunity 
for a proceeding, may revise or set aside the finding of noncompliance.
    (3) A locomotive, tender, part, or appurtenance found not in 
compliance under this subsection may be used only after it is--
        (A) repaired to comply with this chapter and regulations 
    prescribed under this chapter; or
        (B) found on reinspection or appeal to be in compliance.

    (c) Reports.--A railroad carrier shall make and keep, in the way the 
Secretary prescribes by regulation, a report of every--
        (1) inspection made under regulations prescribed by the 
    Secretary; and
        (2) repair made of a defect disclosed by such an inspection.

    (d) Changes in Inspection Procedures.--A railroad carrier may change 
a rule or instruction of the carrier governing the inspection by the 
carrier of the locomotives and tenders and locomotive and tender parts 
and appurtenances of the carrier when the Secretary approves a request 
filed by the carrier to make the change.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 885.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20702(a)..............................  45:29 (1st-3d sentences).        Feb. 1
7, 1911, ch. 103, Sec.  6, 36
                                                                          Stat.
 915; Apr. 22, 1940, ch. 124,
                                                                          Sec. 
 1(1)-(3) (related to Sec.  6 of
                                                                          Act o
f Feb. 17, 1911), 54 Stat. 148;
                                                                          Reorg
. Plan No. 3 of 1965, eff. July
                                                                          27, 1
965, 79 Stat. 1320; Oct. 10,
                                                                          1980,
 Pub. L. 96-423, Sec.  13, 94
                                                                          Stat.
 1816; June 22, 1988, Pub. L. 100-
                                                                          342, 
Sec.  14(5), 102 Stat. 633.
                                        45:30 (1st sentence related to   Mar. 4
, 1915, ch. 169, Sec.  2 (1st
                                         45:29, last sentence).           sente
nce related to Secs.  5, 6 of Act
                                                                          of Fe
b. 17, 1911, last sentence), 38
                                                                          Stat.
 1192; Apr. 22, 1940, ch. 124,
                                                                          Sec. 
 2, 54 Stat. 148; Reorg. Plan No.
                                                                          3 of 
1965, eff. July 27, 1965, 79
                                                                          Stat.
 1320.
                                        49 App.:1655(e) (1)(E)-(G).      Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(e)(
1)(E)-(G), 80 Stat. 939.
20702(b)..............................  45:29 (6th, last sentences).
                                        45:30 (1st sentence related to
                                         45:29)
                                        49 App.:1655(e) (1)(E)-(G).
20702(c)..............................  45:29 (4th, 5th sentences).
20702(d)..............................  45:28.                           Feb. 1
7, 1911, ch. 103, Sec.  5, 36
                                                                          Stat.
 914; Apr. 22, 1940, ch. 124,
                                                                          Sec. 
 1(1)-(3) (related to Sec.  5 of
                                                                          Act o
f Feb. 17, 1911), 54 Stat. 148;
                                                                          Reorg
. Plan No. 3 of 1965, eff. July
                                                                          27, 1
965, 79 Stat. 1320; June 22,
                                                                          1988,
 Pub. L. 100-342, Sec.  14(4),
                                                                          102 S
tat. 633.
                                        45:30 (1st sentence related to
                                         45:28).
                                        49 App.:1655(e) (1)(E)-(G).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``locomotive and tender and its parts and 
appurtenances'' and ``locomotive, tender, or locomotive or tender part 
or appurtenance'' are substituted for ``locomotive boiler'' and ``boiler 
or boilers or apparatus pertaining thereto'' in 45:29 and ``the 
provision of sections 22 to 29 . . . of this title as to the equipment 
of locomotives shall apply to and include the entire locomotive and 
tender and all their parts with the same force and effect as it applies 
to locomotive boilers and their appurtenances'' in 45:30 for clarity and 
because of the restatement.
    In subsection (a), before clause (1), the word ``shall'' is 
substituted for ``It shall be the duty of'', ``shall'', and ``His first 
duty shall be'' in 45:29 and ``shall . . . and shall have the same 
powers and duties with respect to all the parts and appurtenances of the 
locomotive and tender that they have with respect to the boiler of a 
locomotive and the appurtenances thereof'' in 45:30 for clarity and to 
eliminate unnecessary words. In clause (1), the words ``ordinarily 
housed or repaired in his district, and if any locomotive is ordinarily 
housed or repaired in two or more districts, then the director of 
locomotive inspection or an assistant shall make such division between 
inspectors as will avoid the necessity for duplication of work'' in 
45:29 are omitted as obsolete because of Reorganization Plan No. 3 of 
1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)-(G). 
In clause (2), the words ``inspect . . . as necessary to carry out'' are 
substituted for ``make such personal inspection . . . from time to time 
as may be necessary to fully carry out the provisions of'' in 45:29 and 
``inspect'' in 45:30 to eliminate unnecessary words. The words ``under 
his care'' and ``as may be consistent with his other duties'' in 45:29 
are omitted as obsolete because of Reorganization Plan No. 3 of 1965 
(eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)-(G). The 
words ``but not necessarily'' are substituted for ``but he shall not be 
required to make such inspections'' in 45:29 to eliminate unnecessary 
words. In clause (3), the words ``inspections of locomotives and tenders 
and their parts and appurtenances as required by regulations prescribed 
by the Secretary'' are substituted for ``inspections in accordance with 
the rules and regulations established or approved by the Secretary of 
Transportation'' in 45:29 and ``the provision of sections 22 to 29 . . . 
of this title as to the equipment of locomotives shall apply to and 
include the entire locomotive and tender and all their parts with the 
same force and effect as it applies to locomotive boilers and their 
appurtenances'' in 45:30 for clarity and because of the restatement. The 
words ``a defective locomotive, tender, part, or appurtenance is used 
again'' are substituted for ``the boiler or boilers or appurtenances 
pertaining thereto are again put in service'' in 45:29 for consistency 
in this subsection. The text of 45:30 (last sentence) is omitted as 
obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 
1965, 79 Stat. 1320), 49 App.:1655(e)(1)(E)-(G), and 5:ch. 33.
    In subsection (b), the word ``reinspection'' is substituted for 
``reexamination'' for consistency in this chapter.
    In subsection (b)(1), the words ``in the performance of his duty'' 
in 45:29 are omitted as surplus. The words ``owned or operated by a 
railroad carrier'' are added for clarity and because of the words 
``owning or operating such locomotive'' in 45:29 (last sentence). The 
words ``does not comply with this chapter or a regulation prescribed 
under this chapter'' are substituted for ``not conforming to the 
requirements of the law or the rules and regulations established and 
approved as hereinbefore stated'' in 45:29 to eliminate unnecessary 
words and because of the restatement. The words ``describing any defect 
resulting in noncompliance'' are substituted for ``that the locomotive 
is not in serviceable condition . . . because of defects set out and 
described in said notice'' for consistency in this section and to 
eliminate unnecessary words. The words ``written request for a 
reinspection'' are substituted for ``appeal . . . by telegraph or by 
letter to have said boiler reexamined'' for clarity and to eliminate 
unnecessary words. The words ``an officer or employee of the Department 
of Transportation'' are substituted for ``one of the assistant directors 
of locomotive inspection or any district inspector'' because of 
Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) 
and 49 App.:1655(e)(1)(E)-(G).
    In subsection (b)(2), the words ``Immediately after the reinspection 
is completed'' are substituted for ``upon such reexamination the boiler 
is found in serviceable condition . . . immediately'' and ``but if the 
reexamination of said boiler sustains the decision of the district 
inspector . . . at once'' in 45:29 to eliminate unnecessary words. The 
words ``give written notice . . . stating whether the locomotive, 
tender, part, or appurtenance is in compliance'' are substituted for 
``in writing'' and ``that the appeal from the decision of the inspector 
is dismissed'' for clarity and consistency in this subsection. The words 
``after providing an opportunity for a proceeding'' are substituted for 
``after hearing'' as being more appropriate and for consistency in the 
revised title and with other titles of the United States Code. The words 
``may revise or set aside the finding of noncompliance'' are substituted 
for ``shall have power to revise, modify, or set aside such action . . . 
and declare that said locomotive is in serviceable condition and 
authorize the same to be operated'' to eliminate unnecessary words.
    Subsection (b)(3) is substituted for ``and thereafter such boiler 
shall not be used until in serviceable condition'' and ``whereupon such 
boiler may be put into service without further delay'' in 45:29 and the 
text of 45:29 (last proviso) for clarity and to eliminate unnecessary 
words.
    In subsection (c), before clause (1), the words ``make and keep'' 
are substituted for ``keep'' for clarity.
    Subsection (d) is substituted for the text of 45:28 (1st sentence 
last proviso) and 30 (1st sentence related to 45:28) for clarity and 
because of the restatement.
