49 U.S.C. § 20102

Definitions

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In this part—(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.(2) “railroad”—(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.(4) “safety-related railroad employee” means—(A) a railroad employee who is subject to chapter 211;(B) another operating railroad employee who is not subject to chapter 211;(C) an employee who maintains the right of way of a railroad;(D) an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title;(E) an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and(F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 863; Pub. L. 110–432, div. A, § 2(b), title IV, § 407, Oct. 16, 2008, 122 Stat. 4850, 4886.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
20102(1)	45:16.	Apr. 14, 1910, ch. 160, § 1, 36 Stat. 298; restated June 22, 1988, Pub. L. 100–342, § 13(3)(E), 102 Stat. 632.
	45:22.	Feb. 17, 1911, ch. 103, § 1, 36 Stat. 913; June 7, 1924, ch. 355, § 1, 43 Stat. 659; restated June 22, 1988, Pub. L. 100–342, § 14(1), 102 Stat. 632.
	45:38 (last sentence).	May 6, 1910, ch. 208, 36 Stat. 350, § 1 (last sentence); added June 22, 1988, Pub. L. 100–342, § 15(1)(C), 102 Stat. 633.
	45:61(a).	Mar. 4, 1907, ch. 2939, § 1(a), 34 Stat. 1415; Dec. 26, 1969, Pub. L. 91–169, § 1, 83 Stat. 463; restated Nov. 2, 1978, Pub. L. 95–574, § 5, 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, § 16(1)(A), 102 Stat. 634.
	45:61(b)(1).	Mar. 4, 1907, ch. 2939, § 1(b)(1), 34 Stat. 1415; restated Dec. 26, 1969, Pub. L. 91–169, § 1, 83 Stat. 463; June 22, 1988, Pub. L. 100–342, § 16(1)(B), 102 Stat. 634.
	45:431(e).	Oct. 16, 1970, Pub. L. 91–458, § 202(e), 84 Stat. 971; restated June 22, 1988, Pub. L. 100–342, § 7(a), 102 Stat. 628.
	49:App.:26(a).	Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(a); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; Aug. 26, 1937, ch. 818, 50 Stat. 835; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; restated June 22, 1988, Pub. L. 100–342, § 17(1), 102 Stat. 635.
20102(2)	(no source).

Clause (1) is substituted for the source provisions to avoid repeating the definition of “railroad” in each chapter in this part.

Clause (2) is added to distinguish between railroad transportation and the entity providing railroad transportation.

Editorial NotesAmendments

2008—Pub. L. 110–432, § 2(b), added pars. (1) and (4) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Par. (3). Pub. L. 110–432, § 407, amended par. (3) generally. Prior to amendment, text read as follows: “ ‘railroad carrier’ means a person providing railroad transportation.”

Statutory Notes and Related SubsidiariesDefinitions Applicable to Division A of Pub. L. 110–432

Pub. L. 110–432, div. A, § 2(a), Oct. 16, 2008, 122 Stat. 4849, as amended by Pub. L. 114–94, div. A, title XI, § 11316(j)(2), Dec. 4, 2015, 129 Stat. 1677, provided that: “In this division [see Short Title of 2008 Amendment note set out under section 20101 of this title]:“(1)Crossing.—The term ‘crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks at grade, where—“(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or“(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.“(2)Department.—The term ‘Department’ means the Department of Transportation.“(3)Railroad.—The term ‘railroad’ has the meaning given that term by section 20102 of title 49, United States Code.“(4)Railroad carrier.—The term ‘railroad carrier’ has the meaning given that term by section 20102 of title 49, United States Code.“(5)Secretary.—The term ‘Secretary’ means the Secretary of Transportation.“(6)State.—The term ‘State’ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.”

Notes of Decisions

Cited in 18 cases (3 in the last 5 years), 1998–2026 · leading case: Kurns v. R.R. Friction Prods. Corp., 132 S. Ct. 1261 (2012).

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Kurns v. R.R. Friction Prods. Corp., 132 S. Ct. 1261 (2012). · cites it 2× “971 (codified at 49 U. S. C. §20102 et seq.), altered the LIA’s pre-emptive scope.”

Phillips v. Quality Terminal Servs., LLC, 855 F. Supp. 2d 764 (N.D. Ill. 2012). · cites it 2× “” 49 U.S.C. § 20102 (3). “Railroad transportation” is defined as “any form of nonhighway ground transportation that runs on rails or electromagnetic guideways.”

Bhd. of Locomotive Engi v. FRA, 972 F.3d 83 (D.C. Cir. 2020). “]” 49 U.S.C. § 20102 (3). 2 The Secretary has delegated to the Federal Railroad Administration the authority to “[c]arry out the functions and exercise the authority vested in the Secretary by * * * Subtitle V,” 49 C.”

McNeel v. Union Pac. R. Co., 753 N.W.2d 321 (Neb. 2008). “[12] 49 U.S.C. §§ 20102 , 20701 to 20703, 21302, and 21304 (2000) (formerly 45 U.”

Port Auth. Trans-Hudson Corp. v. Sec'y, United States Dep't of Labor, 776 F.3d 157 (3rd Cir. 2015). “49 U.S.C. § 20102 (4) provides: " 'safety-related railroad employee’ means— (A) a railroad employee who is subject to [hours of service restrictions under] chapter 211; (B) another operating railroad employee who is not subject to chapter 211; (C) an employee who maintains the…”

Paul v. Genesee & Wyoming Indus., Inc., 93 F. Supp. 2d 310 (W.D.N.Y. 2000). “”) Thus, cases that analyzed the FSAA prior to 1994 apply to this case with equal force.”

Est. of Sandra Brust & Philip Brust, Etc. v. Acf, 127 A.3d 729 (N.J. Super. Ct. App. Div. 2015). “" 49 U.S.C.A. § 20102 (3). 11 A-3431-13T4 Secretary has promulgated highly detailed regulations establishing air brake system calibration, maintenance, and testing, 49 C.”

Vill. of Mundelein v. Wisconsin Cent. R.R., 855 N.E.2d 230 (Ill. App. Ct. 2006). “49 U.S.C. §20102 (2000); Easterwood, 507 U.”

Perry v. A.W. Chesterton, Inc., 985 F. Supp. 2d 669 (E.D. Pa. 2013). “First, they argued that the Federal Railroad Safety Act of 1970 (“FRSA”), 49 U.S.C. § 20102 et seq., limited the scope of field preemption as defined by Napier.”

Cusack v. Trans-Global Solutions, Inc., 222 F. Supp. 2d 834 (S.D. Tex. 2002). · cites it 2× “Cusack points to 49 U.S.C. § 20102 (2) which defines a “railroad carrier” as “a person providing railroad transportation.”

Follmer v. Duluth, Missabe & Iron Range Ry. Co., 585 N.W.2d 87 (Minn. Ct. App. 1998). “This subject matter is covered generally in 49 U.S.C. §§ 20102 , 21101, and 21103. See 45 U.”

Rsch. Triangle Reg'l Pub. Transp. Auth. v. United States, 83 F. App'x 505 (4th Cir. 2003). · cites it 4× “” 49 U.S.C. § 20102 (1)(A). The term “railroad” does not include “rapid transit operations in an urban area that are not connected to the general railroad system of transportation.”

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