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said. One hundred and twenty days after the date of enactment of the Power or Train Brakes Safety Appliance Act of 1958, the Secretary of Transportation shall adopt and put into effect the rules, standards, and instructions of the Association of American Railroads, adopted in 1925 and revised in 1933, 1934, 1941, and 1953, with such revisions as may have been adopted prior to the enactment of such Act, for the installation, inspection, maintenance, and repair of all power or train brakes for common carriers engaged in interstate commerce by railroad. Such rules, standards, and instructions shall thereafter remain the rules, standards, and instructions for the installation, inspection, maintenance, and repair of all power or train brakes unless changed, after hearing, by order of the Secretary of Transportation: Provided, however, That such rules or standards or instructions or changes therein shall be promulgated solely for the purpose of achieving safety. The provisions and requirements of this section shall apply to all trains, locomotives, tenders, cars, and similar vehicles used, hauled, or permitted to be used or hauled, by any railroad engaged in interstate commerce. In the execution of this section, the Secretary of Transportation may utilize the services of the Association of American Railroads, and may avail itself of the advice and assistance of any department, commission, or board of the United States Government, and of State governments, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law. Failure to comply with any rule, regulation, or requirement promulgated by the Secretary of Transportation pursuant to the provisions of this section shall be subject to the like penalty as failure to comply with any requirement of this section. As amended Apr. 11, 1958, Pub.L. 85–375, 72 Stat. 86. § 10. Former duties, requirements, and liabilities continued unless

specifically amended Nothing in sections 8 and 9 of this title shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of sections 1-7 of this title, and all of such provisions, powers, duties, requirements, and liabilities shall, except as specifically amended by sections 8 and 9 of this title, apply thereto. Mar. 2, 1903, c. 976, § 3, 32 Stat. 943; June 25, 1948, c. 646, § 1, 62 Stat. 909. 11. Safety appliances required for each car; when hand brakes

may be omitted It shall be unlawful for any common carrier subject to the provisions of sections 11-16 of this title to haul, or permit to be hauled or used on its line, any car subject to the provisions of said sections not equipped with appliances provided for in said sections, to wit: All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards shall be equipped with such ladders and running boards, and all cars having ladders shall also be equipped with secure handholds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted on all save one of the cars while they are thus combined for such purpose. Apr. 14, 1910, c. 160, $ 2, 36 Stat. 298. § 12. Safety appliances, as designated by commission, to be

standards of equipment; modification of standard height

of drawbars The number, dimensions, location, and manner of application of the appliances provided for by sections 4 and 11 of this title as designated by the Interstate Commerce Commission shall remain as the standards of equipment to be used on all cars subject to the provisions of sections 11-16 of this title, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of sections 11-16 of this title. Said commission is given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission. Apr. 14, 1910, c. 160, 83, 36 Stat. 298. § 13. Penalty for using car not equipped as provided; hauling car

for repairs where equipment becomes defective; liability for death or injury of employee; use of chains instead of

drawbars Any common carrier subject to sections 11-16 of this title using, hauling, or permitting to be used or hauled on its line, any car subject to the requirements of said sections not equipped as provided in said sections, shall be liable to a penalty of not less than $250 and not more than $2,500 for each and every such violation, to be recovered as provided in section 6 of this title: Provided, That where any car shall have been properly equipped, as provided in sections 1-16 of this title, and such equipment shall have become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by this section or section 6 of this title, if such movement is necessary to make such repairs and such repairs cannot be made except at such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of sections 1-16 of this title; and nothing in this proviso shall be construed to permit the hauling of defective cars by means of chains instead of drawbars, in

revenue trains or in association with other cars that are commercially used, unless such defective cars contain livestock or perishable" freight. As amended Aug. 14, 1957, Pub.L. 85-135, $ 1(2), 71 Stat. 352. § 14. Liability for using car with defective equipment, except as

specified Except that, within the limits specified in section 13 of this title the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in sections 11-16 of this title shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements heretofore set out in sections 1-10 of this title; and, except as aforesaid, all of such provisions, powers, duties, requirements, and liabilities shall apply to sections 11-16 of this title. Apr. 14, 1910, c. 160, § 5, 36 Stat. 299. § 15. Enforcement by commission

It shall be the duty of the Interstate Commerce Commission to enforce the provisions of sections 11-16 of this title as to equipment of each car with safety appliances and all powers heretofore granted to said commission are extended to it for the purpose of such enforcement. Apr. 14, 1910, c. 160 $ 6, 36 Stat. 299. $16. Application of provisions to common carriers and vehicles

subject to "Safety Appliance Acts" The provisions of sections 11-16 of this title, as to the equipment of cars with the designated safety appliances apply to every common carrier and every vehicle subject to what are commonly known as the "Safety Appliance Acts” set out in sections 1-10 of this title. Apr. 14, 1910, c. 160, $ 1, 36 Stat. 298.

TITLE 45—RAIL ROADS—Continued

ASH PAN ACT

$ 17. Locomotives to be equipped with safety ash pans

It shall be unlawful for any common carrier engaged in interstate or foreign commerce by railroad to use any locomotive in moving interstate or foreign traffic or for any common carrier by railroad in any Territory of the United States or the District of Columbia to use any locomotive, not equipped with an ash pan, which can be dumped or emptied and cleaned without the necessity of any employee going under such locomotive. May 30, 1908, c. 225, $$ 1, 2, 35 Stat. 476. 18. Penalty for violation, and actions therefor; duties of United

States attorneys and of commission Any such common carrier using any locomotive in violation of the provisions of section 17 of this title shall be liable to a penalty of $200 for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such United States attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the

proper United States attorneys information of any such violations as may come to its knowledge. May 30, 1908, c. 225, § 3, 35 Stat. 476; June 25, 1948, c. 646, § 1, 62 Stat. 909. § 19. Enforcement by commission

It shall be the duty of the Interstate Commerce Commission to enforce the provisions as to safety ash pans, and all powers heretofore granted to said commission are extended to it for the purpose of such enforcement. May 30, 1908, c. 225, § 4, 35 Stat. 476. 820. Who included in term “common carrier"

The term “common carrier” as used in sections 17 and 18 of this title shall include the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier, May 30, 1908, c. 225, § 5, 35 Stat. 476. § 21. Provisions not applicable to locomotives on which ash pan

not necessary Nothing in the provisions of sections 17-20 of this title, shall apply to any locomotive upon which, by reason of the use of oil, electricity, or other such agency, an ash pan is not necessary. May 30, 1908, c. 225, § 6, 35 Stat. 476.

LOCOMOTIVE INSPECTION ACT

$ 22. Inspection of locomotives and appurtenances; definitions

When used in sections. 23–34 of this title, the terms "carrier" and common carrier” mean a common carrier by railroad, or partly by railroad and partly by water, within the continental United States, subject to the Interstate Commerce Act, as amended, excluding street, suburban, and interurban electric railways unless operated as a part of a general railroad system of transportation. The term "railroad" as used in said sections shall include all the roads in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and the term "employees" as used in said sections shall be held to mean persons actually engaged in or connected with the movement of any train. Feb. 17, 1911, c. 103, § 1, 36 Stat. 913; June 7, 1924, c. 355, § 1, 43 Stat. 659. $ 23. Use of unsafe locomotives and appurtenances unlawful;

inspection and tests It shall be unlawful for any carrier to use or permit to be used on its line any locomotive unless said locomotive, its boiler, tender, and all parts and appurtenances thereof are in proper condition and safe to operate in the service to which the same are put, that the same may be employed in the active service of such carrier without unnecessary peril to life or limb; and unless said locomotive, its boiler, tender, and all parts and appurtenances thereof have been inspected from time to time in accordance with the provisions of sections 28–30 and 32 of this title and are able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for. Feb. 17, 1911, c. 103, § 2, 36 Stat. 913; Mar. 4, 1915, c. 169, $ 1,38 Stat. 1192; June 7, 1924, c. 355, $ 2, 43 Stat. 659. 8 24. Director and assistant directors of locomotive inspection;

appointment and salaries There shall be appointed by the President, by and with the advice and consent of the Senate, a director of locomotive inspection and two assistant directors of locomotive inspection, who shall have general superintendence of the inspectors hereinafter provided for, direct them in the duties imposed upon them, and see that the requirements of sections 22–34 of this title as to the inspection of locomotives, their boilers, tenders, and so forth, and the rules, regulations, and instructions made or given hereunder are observed by common carriers subject hereto. The said director of locomotive inspection and his two assistants shall be selected with reference to their practical knowledge of the construction and repairing of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and maintenance of locomotive boilers. The Interstate Commerce Commission shall have authority, in accordance with the Classification Act of 1949, to fix the compensation of the director of locomotive inspection, the assistant directors, and the district inspectors; and each of such persons shall be paid his traveling expenses incurred in performance of his duties. Feb. 17, 1911, c. 103, § 3, 36 Stat. 914; June 26, 1918, c. 105, § 1, 40 Stat. 616; June 7, 1924, c. 355, § 6, 43 S it. 659; June 27, 1930, c. 644, $ 1,46 Stat. 822; Apr. 22, 1940, c. 124, $ 1,54 Stat. 148, May 27, 1947, C. 85, § 1, 61 Stat. 120; Oct. 28, 1949, c. 782, Title XI, § 1106(a) 63 Stat. 972. 8 25. Offices; legal, technical, stenographic, and clerical help

The office of the director of locomotive inspection shall be in Washington, District of Columbia, and the Interstate Commerce Commis

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