U.S. Code
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Title 49
» Subtitle SUBTITLE V— RAIL PROGRAMS › Part PART A— SAFETY › Chapter CHAPTER 209— ACCIDENTS AND INCIDENTS
49 U.S.C. § 20901
Reports
(a)General Requirements.—Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident.(b)Monetary Threshold for Reporting.—(1) In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—(A) the Bureau of Labor Statistics; or(B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.(2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 886.)Historical and Revision Notes |
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20901(a) | 45:38 (1st sentence). | May 6, 1910, ch. 208, § 1 (1st sentence), 36 Stat. 350; restated Sept. 13, 1960, Pub. L. 86–762, § 1, 74 Stat. 903; June 22, 1988, Pub. L. 100–342, § 15(1)(A), (B), 102 Stat. 633. |
| 45:39 (related to time of filing report). | May 6, 1910, ch. 208, § 2 (related to time of filing report), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, § 204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 15(2), 102 Stat. 634. |
| 45:43a. | June 22, 1988, Pub. L. 100–342, § 24, 102 Stat. 639. |
| 49 App.:1655(e)(1)(K). | Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939. |
20901(b) | 45:38 (note). | Sept. 3, 1992, Pub. L. 102–365, § 15, 106 Stat. 981. |
In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part. The words “the general manager, superintendent, or other proper officer of” in 45:38 are omitted as surplus because any duty of a railroad carrier must necessarily be carried out through its proper officers and agents. The text of 45:38 (1st sentence proviso) is omitted as executed.
In subsection (b), the words “or incident” are added for consistency. The text of section 15(c) of the Rail Safety Enforcement and Review Act (Pub. L. 102–365, 106 Stat. 981) is omitted as executed.
Statutory Notes and Related SubsidiariesSafety ReportingPub. L. 117–58, div. B, title II, § 22421(b), Nov. 15, 2021, 135 Stat. 750, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], and annually thereafter for the following 4 years, the Secretary [of Transportation] shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration—“(1) the number of cars and length of the involved trains; and“(2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident.”
Accident and Incident ReportingPub. L. 110–432, div. A, title II, § 209, Oct. 16, 2008, 122 Stat. 4876, provided that: “The Federal Railroad Administration shall conduct an audit of each Class I railroad at least once every 2 years and conduct an audit of each non-Class I railroad at least once every 5 years to ensure that all grade crossing collisions and fatalities are reported to any Federal national accident database.”
[For definitions of “railroad” and “crossing”, as used in section 209 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Notes of Decisions
Robert Zimmerman v. Norfolk S. Corp., 706 F.3d 170 (3rd Cir. 2013).
· cites it 6× “The parties agree that the accident reports were ―filed by a railroad carrier‖ under 49 U.S.C. § 20901 . But Zimmerman argues that the privilege excludes only the report of his accident, not the nine other reports.”
Grand Trunk W. R.R. v. United States Dep't, 875 F.3d 821 (6th Cir. 2017).
· cites it 2× “2016) (applying 49 U.S.C. § 20901 (b)), and three district court decisions, one of which post-dated the decision of the Board at issue in this appeal, see Murdock v.”
Lacy v. CSX Transp., Inc., 520 S.E.2d 418 (W. Va. 1999).
· cites it 2× “See 49 U.S.C. § 20901 (1994); 49 C.F.R. pt. 225 (1998); W.”
Lorincie v. Se. Pennsylvania Transp. Auth., 34 F. Supp. 2d 929 (E.D. Pa. 1998).
“§ 20703 (governing accident reporting requirements of a "railroad carrier"); 49 U.S.C. § 20901 (governing monthly reporting requirements for a "railroad carrier”); 49 U.”
Adamy v. South Buffalo Ry. Co., 294 A.D.2d 801 (N.Y. App. Div. 2002).
“We further agree with defendant that the court erred in permitting plaintiff to use defendant’s “Railroad Injury and Illness Summary,” a monthly report that each railroad carrier is required to submit to the United States Department of Transportation pursuant to 49 USC § 20901 ,…”
California State Legislative Bd. v. Mineta, 272 F.3d 1169 (9th Cir. 2001).
“” 49 U.S.C. § 20901 (a) (2001). By regulation, the FRA has distinguished injuries required to be reported under the statute and those that do not have to be reported.”
Nelson v. Grand Trunk W. R.R. Co. (E.D. Mich. 2020).
“98 is inadmissible under a pair of federal statutes: 49 U.S.C. §§ 20901 and 20903. Section 20901 provides that “[n]ot later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents…”
Lopez v. CSX Transp., Inc. (W.D. Pa. 2021).
“” 49 U.S.C. § 20901 (a). “No part of an accident or incident report filed by a railroad carrier under section 20901 of this title or made by the Secretary of Transportation under section 20902 of this title may be used in a civil action for damages resulting from a matter…”
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