
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: 49USC21102]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                      CHAPTER 211--HOURS OF SERVICE
 
Sec. 21102. Nonapplication and exemption

    (a) General.--This chapter does not apply to a situation involving 
any of the following:
        (1) a casualty.
        (2) an unavoidable accident.
        (3) an act of God.
        (4) a delay resulting from a cause unknown and unforeseeable to 
    a railroad carrier or its officer or agent in charge of the employee 
    when the employee left a terminal.

    (b) Exemption.--The Secretary of Transportation may exempt a 
railroad carrier having not more than 15 employees covered by this 
chapter from the limitations imposed by this chapter. The Secretary may 
allow the exemption after a full hearing, for good cause shown, and on 
deciding that the exemption is in the public interest and will not 
affect safety adversely. The exemption shall be for a specific period of 
time and is subject to review at least annually. The exemption may not 
authorize a carrier to require or allow its employees to be on duty more 
than a total of 16 hours in a 24-hour period.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 888.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
21102(a)..............................  45:63a(d) (related to 45:64a).   Mar. 4
, 1907, ch. 2939, 34 Stat. 1415,
                                                                          Sec. 
 3A(d) (related to Sec.  5);
                                                                          added
 July 8, 1976, Pub. L. 94-348,
                                                                          Sec. 
 4(d), 90 Stat. 819; June 22,
                                                                          1988,
 Pub. L. 100-342, Sec.  16(4),
                                                                          102 S
tat. 635.
                                        45:64a(d).                       Mar. 4
, 1907, ch. 2939, Sec.  5(d), 34
                                                                          Stat.
 1417; restated Dec. 26, 1969,
                                                                          Pub. 
L. 91-169, Sec.  1, 83 Stat. 464;
                                                                          June 
22, 1988, Pub. L. 100-342, Sec.
                                                                          16(6)
(D), 102 Stat. 635.
21102(b)..............................  45:63a(d) (related to 45:64a).
                                        45:64a(e).                       Mar. 4
, 1907, ch. 2939, Sec.  5(e), 34
                                                                          Stat.
 1417; restated Dec. 26, 1969,
                                                                          Pub. 
L. 91-169, Sec.  1, 83 Stat. 464.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``with respect to one or more of its 
employees'' are omitted as surplus because the authority to exempt a 
railroad carrier includes the authority to exempt only some of the 
employees of the carrier. The words ``carrier to require or allow its 
employees to be on duty'' are substituted for ``any railroad described 
in this section to work its employees'' for clarity and consistency in 
this chapter.
