systems, in case such individual shall have been continuously on duty for twelve hours, to continue on duty or to go on duty until he has had at least ten consecutive hours off duty; or (2) to require or permit an individual described in paragraph (1) to continue on duty or to go on duty when he has not had at least eight consecutive hours off duty during the preceding twenty-four hours. (b) In determining for the purposes of subsection (a) the number of hours an individual is on duty, there shall be counted, in addition to the time such individual is actually engaged in installing, repairing or maintaining signal systems, all time on duty in other service performed for the common carrier during the twenty-four hour period involved. (c) For purposes of this section, time on duty shall commence when an individual reports for duty and terminate when the individual is finally released from duty. (d) As used in sections 2(a) (3), 4, and 5 of this Act, the term "employee" shall be deemed to include an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems. (e) The provisions of this section shall not apply to an individual during such period of time as the provisions of section 3 apply to his duty and off-duty periods. (f) Notwithstanding subsection (a) of this section, an individual engaged in installing, repairing, or maintaining signal systems may be permitted to be or remain on duty for not to exceed four additional hours in any period of twenty-four consecutive hours whenever an actual emergency exists and work of the individual is related to such emergency. For purposes of this subsection with respect to the on-duty time of an individual engaged in installing, repairing, or maintaining signal systems, an emergency ceases to exist when the signal systems are restored to service. SEC. 4. The requirements imposed by this Act with respect to time on duty of employees are hereby declared to result in the maximum permissible hours of service consistent with safety. However, shorter hours of service and time on duty of employees for lesser periods of time are hereby declared to be proper subjects for collective bargaining between any common carrier subject to this Act and its employees. SEC. 5. (a) Any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be, or remain on duty in violation of section 2, section 3 or section 3A of this Act shall be liable to a penalty of $500 for each and every 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 violations shall have been committed; and it shall be the duty of such United States attorney to bring such suit upon satisfactory information being lodged with him; but no such suit shall be brought after the expiration of two years from the date of such violation. (b) It shall be the duty of the Secretary of Transportation to lodge with the appropriate United States attorney information of any violation as may come to the knowledge of the Secretary. (c) In all prosecutions under this Act the common carrier shall be deemed to have knowledge of all acts of all its officers and agents. (d) The provisions of this Act shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of the employee at the time said employee left a terminal, and which could not have been foreseen. (e) With respect to any railroad which employs a total of not more than 15 employees covered by this Act, the Secretary of Transportation may after full hearing in any particular case and for good cause shown exempt any such railroad subject to this Act with respect to one or more of its employees from the limitations imposed by this Act for a specified period of time, if the Secretary of Transportation finds that such exemption is in the public interest and will not adversely affect safety. Such order is to be subject to review at least annually. In no event shall any such exemption be made for any railroad described in this section to work its employees beyond 16 hours either consecutively or in the aggregate within any 24-hour period. SEC. 6. It shall be the duty of the Secretary of Transportation to carry out the provisions of this Act. HAZARDOUS MATERIALS TRANSPORTATION ACT Public Law 93-633 93rd Congress, H. R. 15223 An Act To regulate commerce by improving the protections afforded the public against risks connected with the transportation of hazardous materials, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Transportation Safety Act of 1974”. TITLE I-HAZARDOUS MATERIALS SHORT TITLE SEC. 101. This title may be cited as the "Hazardous Materials Transportation Act". DECLARATION OF POLICY SEC. 102. It is declared to be the policy of Congress in this title to improve the regulatory and enforcement authority of the Secretary of Transportation to protect the Nation adequately against the risks to life and property which are inherent in the transportation of hazardous materials in commerce. DEFINITIONS SEC. 103. As used in this title, the term (1) "commerce" means trade, traffic, commerce, or transportation, within the jurisdiction of the United States, (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, commerce, or transportation described in clause (A); (2) "hazardous material" means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce; (3) "Secretary" means the Secretary of Transportation, or his delegate; (4) "serious harm” means death, serious illness, or severe personal injury; (5) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, or Guam; (6) "transports" or "transportation" means any movement of property by any mode, and any loading, unloading, or storage incidental thereto; and (7) "United States" means all of the States. DESIGNATION OF HAZARDOUS MATERIALS 88 STAT. 2156 Transportation Safety Act of 1974. 49 USC 1801 note. Hazardous Materials Transportation Act. 49 USC 1801 note. 49 USC 1801. 49 USC 1802. SEC. 104. Upon a finding by the Secretary, in his discretion. that the 49 USC 1803. transportation of a particular quantity and form of material in commerce may pose an unreasonable risk to health and safety or property, he shall designate such quantity aud form of material or group or class of such materials as a hazardous material. The materials so designated may include, but are not limited to, explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases. |