sion shall provide such legal, technical, stenographic, and clerical help as the business of the offices of the director of locomotive inspection, his said assistants, and the district inspectors may require. Feb. 17, 1911, c. 103, § 3, 36 Stat. 914; Apr. 22, 1940, c. 124, § 1, 54 Stat. 148; May 27, 1947, c. 85, § 1, 61 Stat. 120.

§ 26. Inspection districts; appointment and assignment of district inspectors; salaries and expenses; examinations of applicants; disqualifications

Immediately after his appointment and qualification the director of locomotive inspection shall divide the territory comprising the several States and the District of Columbia into fifty locomotive boiler inspection districts, so arranged that the service of the inspector appointed for each district shall be most effective, and so that the work required of each inspector shall be substantially the same. Thereupon there shall be appointed by the Interstate Commerce Commission fifty inspectors of locomotive boilers. Said inspectors shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. The director of locomotive inspection shall assign one inspector so appointed to each of the districts hereinbefore named. In order to obtain the most competent inspectors possible, it shall be the duty of the director of locomotive inspection to prepare a list of questions to be propounded to applicants with respect to construction, repair, operation, testing, and inspection of locomotive boilers, and their practical experience in such work, which list, being approved by the Interstate Commerce Commission shall be used by the Civil Service Commission as a part of its examination. No person interested, either directly or indirectly, in any patented article required to be used on any locomotive under supervision or who is intemperate in his habits shall be eligible to hold the office of either director of locomotive inspection or assistant or district. inspector. Feb. 17, 1911, c. 103, § 4, 36 Stat. 914; June 26, 1918, c. 105, § 1, 40 Stat. 616; June 27, 1930, c. 644, § 2, 46 Stat. 823; Apr. 22, 1940, c. 124, § 1, 54 Stat. 148; May 27, 1947, c. 85, § 2, 61 Stat. 120. § 27. Appointment and assignment of additional inspectors

Within the appropriations therefor and subject to the provisions of section 26 of this title, the Interstate Commerce Commission may appoint, from time to time, not more than fifteen inspectors in addition to the number authorized in such section, as the needs of the service may require. Any inspector appointed under this provision shall be so assigned by the director of locomotive inspection that his service will be most effective. Feb. 17, 1911, c. 103, § 4 (par.), as added June 7, 1924, c. 355, § 4, 43 Stat. 659, and amended Apr. 22, 1940 c. 124, 1, 54 Stat. 148.

§ 28. Rules and instructions as to inspection

Each carrier subject to this chapter shall file its rules and instructions for the inspection of locomotive boilers with the chief inspector within three months after February 17, 1911, and after hearing and approval by the Interstate Commerce Commission, such rules and instructions, with such modifications as the commission requires, shall

become obligatory upon such carrier: Provided, however, That if any carrier subject to this chapter shall fail to file its rules and instructions the director of locomotive inspection shall prepare rules and instructions not inconsistent herewith for the inspection of locomotive boilers, to be observed by such carrier; which rules and instructions, being approved by the Interstate Commerce Commission, and a copy thereof being served upon the president, general manager, or general superintendent of such carrier, shall be obligatory, and a violation thereof punished as hereinafter provided: Provided also, that such common carrier may from time to time change the rules and regulations herein provided for, but such change shall not take effect and the new rules and regulations be in force until the same shall have been filed with and approved by the Interstate Commerce Commission. The director of locomotive inspection shall also make all needful rules, regulations, and instructions not inconsistent herewith for the conduct of his office and for the government of the district inspectors: Provided, however, That all such rules and instructions shall be approved by the Interstate Commerce Commission before they take effect. Feb. 17, 1911, c. 103, § 5, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148.

§ 29. Duties of district inspectors; inspection and repairs by car

riers; notice to carrier of condition of boiler; appeal to director and reexamination; further appeal to commission It shall be the duty of each inspector to become familiar, so far as practicable, with the condition of each locomotive boiler 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. Each inspector shall make such personal inspection of the locomotive boilers under his care from time to time as may be necessary to fully carry out the provisions of sections 22-29 and 31-34 of this title, and as may be consistent with his other duties, but he shall not be required to make such inspections at stated times or at regular intervals. His first duty shall be to see that the carriers make inspections in accordance with the rules and regulations established or approved by the Interstate Commerce Commission, and that carriers repair the defects which such inspections disclose before the boiler or boilers or appurtenances pertaining thereto are again put in service. To this end each carrier subject to said sections shall file with the inspector in charge, under the oath of the proper officer or employee, a duplicate of the report of each inspection required by such rules and regulations, and shall also file with such inspector, under the oath of the proper officer or employee, a report showing the repair of the defects disclosed by the inspection. The rules and regulations herein before provided for shall prescribe the time at which such reports shall be made. Whenever any district inspector shall, in the performance of his duty, find any locomotive boiler or apparatus pertaining thereto not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated, he shall notify the carrier in writing that the locomotive is not in serviceable condition, and

thereafter such boiler shall not be used until in serviceable condition: Provided, That a carrier, when notified by an inspector in writing that a locomotive boiler is not in serviceable condition, because of defects set out and described in said notice, may within five days after receiving said notice, appeal to the director of locomotive inspection by telegraph or by letter to have said boiler reexamined, and upon receipt of the appeal from the inspector's decision, the director of locomotive inspection shall assign one of the assistant directors of locomotive inspection or any district inspector other than the one from whose decision the appeal is taken to reexamine and inspect said boiler within fifteen days from date of notice. If upon such reexamination the boiler is found in serviceable condition, the director of locomotive inspection shall immediately notify the carrier in writing, whereupon such boiler may be put into service without further delay; but if the reexamination of said boiler sustains the decision of the district inspector, the director of locomotive inspection shall at once notify the carrier owning or operating such locomotive that the appeal from the decision of the inspector is dismissed, and upon the receipt of such notice the carrier may, within thirty days, appeal to the Interstate Commerce Commission, and upon such appeal, and after hearing, said commission shall have power to revise, modify, or set aside such action of the director of locomotive inspection and declare that said locomotive is in serviceable condition and authorize the same to be operated: Provided further, That pending either appeal the requirements of the inspector shall be effective. Feb. 17, 1911, c. 103, § 6, 36 Stat. 915; Apr. 22, 1940, c. 124, § 1, 54 Stat. 148.

§ 30. Powers and duties of inspectors, and provisions of certain sections applicable to all parts of locomotive and tender; examinations of inspectors

The director of locomotive inspection and the two assistant directors of locomotive inspection, together with all the district inspectors, appointed as hereinbefore provided, shall inspect 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, and the provision of sections 22-29 and 31-34 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. All inspectors and applicants for the position of inspector shall be examined touching their qualifications and fitness with respect to the additional duties imposed. Mar. 4, 1915, c. 169, § 2, 38 Stat. 1192; Apr. 22, 1940, c. 124, § 2, 54 Stat. 148.

§ 31. Annual report of director

The director of locomotive inspection shall make an annual report to the Interstate Commerce Commission of the work done during the year, and shall make such recommendations for the betterment of the service as he may desire. Feb. 17, 1911, c. 103, § 7, 36 Stat. 916; Apr. 22, 1940, c. 124, § 1, 54 Stat. 148.

§ 32. Report by carrier to director as to accident; preservation of disabled parts; investigation and report thereupon

In the case of accident resulting from failure from any cause of a locomotive boiler or its appurtenances, resulting in serious injury or death to one or more persons, a statement forthwith must be made in writing of the fact of such accident, by the carrier owning or operating said locomotive, to the director of locomotive inspection. Whereupon the facts concerning such accident shall be investigated by the director of locomotive inspection or one of his assistants, or such inspector as the director of locomotive inspection may designate for that purpose. And where the locomotive is disabled to the extent that it cannot be run by its own steam, the part or parts affected by the said accident shall be preserved by said carrier intact, so far as possible, without hindrance or interference to traffic until after said inspection. The director of locomotive inspection or an assistant or the designated inspector making the investigation shall examine or cause to be examined thoroughly the boiler or part affected, making full and detailed report of the cause of the accident to the director of locomotive inspection. Feb. 17, 1911, c. 103, § 8, 36 Stat. 916; Apr. 22, 1940, c. 124, § 1, 54 Stat. 148.

§ 33. Reports by commission of investigations

The Interstate Commerce Commission may 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, if it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper. Neither said report nor any report of said investigation nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. Feb. 17, 1911, c. 103, § 8, 36 Stat. 916; Apr. 22, 1940, c. 124 § 1, 54 Stat. 148. §34. Penalty for violations by carrier; duty of United States attorney to sue therefor; director to give information Any common carrier violating the provisions of sections 22-34 of this title relating to locomotives, their boilers, tenders, and so forth, or any rule or regulation made under such provisions or any lawful order of any inspector 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 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 attorneys, subject to the direction of the Attorney General, to bring such suits upon duly verified information being lodged with them, respectively, of such violations having occurred; and it shall be the duty of the director of locomotive inspection to give information to the proper United States attorney of all violations coming to his knowledge. As amended Aug. 14, 1957, Pub.L. 85-135, § 3,71 Stat. 352.

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BLOCK-SIGNAL SYSTEMS

§ 35. Investigation and report by commission on block-signal systems and appliances for automatic control of trains; evidence

The Interstate Commerce Commission is directed to investigate and report on the use of and necessity for block-signal systems and appliances for the automatic control of railway trains in the United States. For this purpose the commission is authorized to employ persons who are familiar with the subject, and may use such of its own employees as are necessary to make a thorough examination into the matter.

In transmitting its report to the Congress the commission shall recommend such legislation as to the commission seems advisable. To carry out and give effect to the provisions of this section the commission shall have power to issue subpenas, administer oaths, examine witnesses, require the production of books and papers, and receive depositions taken before any proper officer in any State or Territory of the United States. June 30, 1906, No. 46, 34 Stat. 838.

INSPECTION AND TESTING OF RAILROAD CARS AND APPLIANCES

§ 36. Investigation and testing by commission of appliances or systems to promote safety

The Interstate Commerce Commission is authorized, at its discretion, to investigate, test experimentally, and report on the use and need of any appliances or systems intended to promote the safety of railway operation which may be furnished in completed shape to such commission for such investigation and test entirely free of cost to the Government. For this purpose the commission is authorized to employ persons familiar with the subject to be investigated and tested, and may also make use of its regular employees for such purposes. May 27, 1908, c. 200, § 1, 35 Stat. 325.

§ 37. Inspection of mail cars

Hereafter all inspectors employed for the enforcement of the provisions of sections 1-7 of this title, as to safety appliances shall also be required to make examination of the construction, adaptability, design, and condition of all mail cars used on any railroad in the United States and make report thereon, a copy of which report shall be transmitted to the Postmaster General. May 27, 1908, c. 200, § 1, 35 Stat. 324; Mar. 4, 1909, c. 299, § 1, 35 Stat. 965.

ACCIDENT REPORTS ACT

§ 38. Monthly reports of railroad accidents; duty of carrier to make

It shall be the duty of the general manager, superintendent, or other proper officer of every common carrier engaged in interstate or foreign commerce by railroad to make to the Secretary of Transportation, at his office in Washington, District of Columbia, a monthly report, under oath, of all collisions, derailments, or other accidents resulting in death

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