
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: 49USC28103]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                          PART E--MISCELLANEOUS
 
                      CHAPTER 281--LAW ENFORCEMENT
 
Sec. 28103. Limitations on rail passenger transportation 
        liability
        
    (a) Limitations.--(1) Notwithstanding any other statutory or common 
law or public policy, or the nature of the conduct giving rise to 
damages or liability, in a claim for personal injury to a passenger, 
death of a passenger, or damage to property of a passenger arising from 
or in connection with the provision of rail passenger transportation, or 
from or in connection with any rail passenger transportation operations 
over or rail passenger transportation use of right-of-way or facilities 
owned, leased, or maintained by any high-speed railroad authority or 
operator, any commuter authority or operator, any rail carrier, or any 
State, punitive damages, to the extent permitted by applicable State 
law, may be awarded in connection with any such claim only if the 
plaintiff establishes by clear and convincing evidence that the harm 
that is the subject of the action was the result of conduct carried out 
by the defendant with a conscious, flagrant indifference to the rights 
or safety of others. If, in any case wherein death was caused, the law 
of the place where the act or omission complained of occurred provides, 
or has been construed to provide, for damages only punitive in nature, 
this paragraph shall not apply.
    (2) The aggregate allowable awards to all rail passengers, against 
all defendants, for all claims, including claims for punitive damages, 
arising from a single accident or incident, shall not exceed 
$200,000,000.
    (b) Contractual Obligations.--A provider of rail passenger 
transportation may enter into contracts that allocate financial 
responsibility for claims.
    (c) Mandatory Coverage.--Amtrak shall maintain a total minimum 
liability coverage for claims through insurance and self-insurance of at 
least $200,000,000 per accident or incident.
    (d) Effect on Other Laws.--This section shall not affect the damages 
that may be recovered under the Act of April 27, 1908 (45 U.S.C. 51 et 
seq.; popularly known as the ``Federal Employers' Liability Act'') or 
under any workers compensation Act.
    (e) Definition.--For purposes of this section--
        (1) the term ``claim'' means a claim made--
            (A) against Amtrak, any high-speed railroad authority or 
        operator, any commuter authority or operator, any rail carrier, 
        or any State; or
            (B) against an officer, employee, affiliate engaged in 
        railroad operations, or agent, of Amtrak, any high-speed 
        railroad authority or operator, any commuter authority or 
        operator, any rail carrier, or any State;

        (2) the term ``punitive damages'' means damages awarded against 
    any person or entity to punish or deter such person or entity, or 
    others, from engaging in similar behavior in the future; and
        (3) the term ``rail carrier'' includes a person providing 
    excursion, scenic, or museum train service, and an owner or operator 
    of a privately owned rail passenger car.

(Added Pub. L. 105-134, title I, Sec. 161(a), Dec. 2, 1997, 111 Stat. 
2577.)

                       References in Text

    The Federal Employers' Liability Act, referred to in subsec. (d), is 
act Apr. 22, 1908, ch. 149, 35 Stat. 65, as amended, which is classified 
generally to chapter 2 (Sec. 51 et seq.) of Title 45, Railroads. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 51 of Title 45 and Tables.
