
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20703]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                        CHAPTER 207--LOCOMOTIVES
 
Sec. 20703. Accident reports and investigations

    (a) Accident Reports and Scene Preservation.--When the failure of a 
locomotive, tender, or locomotive or tender part or appurtenance results 
in an accident or incident causing serious personal injury or death, the 
railroad carrier owning or operating the locomotive or tender--
        (1) immediately shall file with the Secretary of Transportation 
    a written statement of the fact of the accident or incident; and
        (2) when the locomotive is disabled to the extent it cannot be 
    operated under its own power, shall preserve intact all parts 
    affected by the accident or incident, if possible without 
    interfering with traffic, until an investigation of the accident or 
    incident is completed.

    (b) Investigations.--The Secretary shall--
        (1) investigate each accident and incident reported under 
    subsection (a) of this section;
        (2) inspect each part affected by the accident or incident; and
        (3) make a complete and detailed report on the cause of the 
    accident or incident.

    (c) Publication and Use of Investigation Reports.--When the 
Secretary considers publication to be in the public interest, the 
Secretary may publish a report of an investigation made under this 
section, stating the cause of the accident or incident and making 
appropriate recommendations. No part of a report may be admitted into 
evidence or used in a civil action for damages resulting from a matter 
mentioned in the report.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 886.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20703(a)..............................  45:30 (1st sentence related to   Mar. 4
, 1915, ch. 169, Sec.  2 (1st
                                         45:32).                          sente
nce related to Sec.  8 of Act of
                                                                          Feb. 
17, 1911), 38 Stat. 1192; Apr.
                                                                          22, 1
940, ch. 124, Sec.  2, 54 Stat.
                                                                          148; 
Reorg. Plan No. 3 of 1965, eff.
                                                                          July 
27, 1965, 79 Stat. 1320.
                                        45:32 (1st, 3d sentences).       Feb. 1
7, 1911, ch. 103, Sec.  8, 36
                                                                          Stat.
 916; Apr. 22, 1940, ch. 124,
                                                                          Sec. 
 1(1)-(3) (related to Sec.  8 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(6),
                                                                          102 S
tat. 633.
                                        49 App.:1655(e) (1)(E)-(G).      Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(e)(
1)(E)-(G), 80 Stat. 939.
20703(b)..............................  45:32 (2d, last sentences).
20703(c)..............................  45:33.
                                        49 App.:1655(e) (1)(E)-(G).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``or incident'' and ``and incident'' are 
added for consistency in this part.
    In subsection (a), before clause (1), the words ``locomotive, 
tender, or locomotive or tender part or appurtenance . . . the 
locomotive or tender'' are substituted for ``locomotive boiler or its 
appurtenances . . . said locomotive'' in 45:32 and the text of 45:30 
(1st sentence related to 45:32) for clarity and because of the 
restatement. The word ``personal'' is substituted for ``to one or more 
persons'' to eliminate unnecessary words. In clause (1), the word 
``immediately'' is substituted for ``forthwith'' for consistency in this 
chapter. In clause (2), the words ``operated under its own power'' are 
substituted for ``cannot be run by its own steam'' for clarity. The 
words ``hindrance or'' are omitted as being included in ``interfering''. 
The word ``investigation'' is substituted for ``inspection'' for 
consistency in this section.
    In subsection (c), the words ``at any time call upon the director of 
locomotive inspection for a report of any accident embraced in section 
32 of this title, and upon the receipt of said report'' 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 text of 45:33 
(2d sentence) is omitted as surplus. The words ``civil action'' are 
substituted for ``suit or action'' for consistency in the revised title 
and with other titles of the United States Code. The words ``resulting 
from'' are substituted for ``growing out of'' for clarity. The words 
``or investigation'' are omitted as unnecessary because of the 
restatement.
