The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period from the date of enactment of the Rail Safety Improvement Act of 2008 to one year after such date of enactment; and
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 21109.
exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the employee with additional time off duty equal to the number of hours by which such sum exceeds 12 hours.
49 U.S.C. § 21103
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
21103(a) | 45:62(a)(1), (2). | Mar. 4, 1907ch. 2939, §2(a)(1), (2)Mar. 4, 1907, 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91-169, §1, 83 Stat. 463; July 8, 1976, Pub. L. 94-348, §4(a)(1), (2), 90 Stat. 818; June 22, 1988, Pub. L. 100-342, §16(2), 102 Stat. 634. |
21103(b) | 45:61(b)(3). | Mar. 4, 1907ch. 2939, §§1(b)(3)Mar. 4, 1907, 2Mar. 4, 1907, 34 Stat. 1415, 1416; restated Dec. 26, 1969, Pub. L. 91-169, §1, 83 Stat. 463. |
45:61(b)(4) (last sentence). | Mar. 4, 1907ch. 2939 34 Stat. 1415, §1(b)(4) (last sentence); added Nov. 2, 1978, Pub. L. 95-574, §6, 92 Stat. 2461; June 22, 1988, Pub. L. 100-342, §16(1)(C), 102 Stat. 634. | |
45:62(b). | ||
21103(c) | 45:62(c). | Mar. 4, 1907ch. 2939, §2(c)Mar. 4, 1907, 34 Stat. 1416; Dec. 26, 1969, Pub. L. 91-169, §1, 83 Stat. 464; restated July 8, 1976, Pub. L. 94-348, §4(b), 90 Stat. 818. |
EDITORIAL NOTES
REFERENCES IN TEXTThe date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a)(4)(B)(i) and (c)(1), is the date of enactment of div. A of Pub. L. 110-432 which was approved Oct. 16, 2008.
AMENDMENTS2008-Subsec. (a). Pub. L. 110-432, §108(b)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to remain or go on duty-"(1) unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or "(2) after that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty." Subsecs. (c), (d). Pub. L. 110-432, §108(b)(2), added subsec. (c) and redesignated former subsec. (c) as (d).Subsec. (e). Pub. L. 110-432, §108(b)(3), added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENTAmendment by Pub. L. 110-432 effective 9 months after Oct. 16, 2008, see section 108(g) of Pub. L. 110-432 set out as a note under section 21101 of this title.
- designated terminal
- "designated terminal" means the home or away-from-home terminal for the assignment of a particular crew.
- employee
- "employee" means a dispatching service employee, a signal employee, or a train employee.
- train employee
- "train employee" means an individual engaged in or connected with the movement of a train, including a hostler.