49 USC 20701 - Sec. 20701. Requirements for use

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A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances - (1) are in proper condition and safe to operate without unnecessary danger of personal injury; (2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and (3) can withstand every test prescribed by the Secretary under this chapter.

Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at Large) Section

20701 45:23. Feb. 17, 1911, ch. 103, Sec. 2, 36 Stat. 913; Mar. 4, 1915, ch. 169, Sec. 1, 38 Stat. 1192; restated June 7, 1924, ch. 355, Sec. 2, 43 Stat. 659; June 22, 1988, Pub. L. 100-342, Sec. 14(2), 102 Stat. 632. 45:30 (1st sentence Mar. 4, 1915, ch. 169, Sec. related to 45:23). 2 (1st sentence related to Sec. 2 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, Sec. 2, 54 Stat. 148. 49 Oct. 15, 1966, Pub. L. App.:1655(e)(1)(E), 89-670, Sec. 6(e)(1)(E), (F). (F), 80 Stat. 939.

In this section, before clause (1), the words "locomotive or tender . . . locomotive or tender and its parts and appurtenances" are substituted for "locomotive . . . locomotive, its boiler, tender, and all parts and appurtenances thereof" in 45:23 and "the provision of sections 22 to 29 . . . 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" in 45:30 for clarity and because of the restatement.

In clause (1), the words "in the service to which the same are put" and "in the active service of such railroad" in 45:23 are omitted as surplus.

The words "danger of personal injury" are substituted for "peril to life or limb" for clarity and consistency in this part. In clause (2), the words "from time to time" are omitted as surplus.

The words "as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter" are substituted for "in accordance with the provisions of sections 22 to 29 and 31 to 34 of this title" for clarity and consistency.

In clause (3), the words "prescribed by the Secretary under this chapter" are substituted for "prescribed in the rules and regulations hereinafter provided for" for clarity and because of the restatement.