Title 49 — Transportation
Part A · Chapter 201 — General
§ 20134. Grade crossings and railroad rights of way
Statutory text
General.—
To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary may use the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.
Signal Systems and Other Devices.—
Not later than , the Secretary shall prescribe regulations and issue orders to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings.
Demonstration Projects.—
The Secretary shall establish demonstration projects to evaluate whether accidents and incidents involving trains would be reduced by—
reflective markers installed on the road surface or on a signal post at railroad grade crossings;
stop signs or yield signs installed at grade crossings; and
speed bumps or rumble strips installed on the road surfaces at the approaches to grade crossings.
Not later than , the Secretary shall submit a report on the results of the demonstration projects to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 20134
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 873
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 873Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Pub. L. 104–287 § 5(48) · 110 Stat. 3388
Substituted · 49 U.S.C. § 20134(c)(2)
Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.Enacted provision · exact public law section
(48) In sections 20134(c)(2), 20145, 22108(b), 24314(b), 24702(c), and 24903(a), strike “Committee on Energy and Commerce” and substitute “Committee on Transportation and Infra-structure”.Pub. L. 110–432 div. A title II § 208(c) · 122 Stat. 4848
Inserted · 49 U.S.C. § 20134(a)
Pub. L. 110–432 inserted at end “The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–432 inserted at end “The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.”Enacted provision · exact public law section
(c) Educational or Awareness Program Items for Distribution.— Section 20134(a) is amended by adding at the end the following: “The Guidelines. Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.”.
3 of 3 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 20134(a) | 45:433(b). | Oct. 16, 1970, Pub. L. 91–458, § 204(b), 84 Stat. 972. |
| 20134(b) | 45:431(q). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §§ 202(q), 215(a), (b); added June 22, 1988, Pub. L. 100–342, §§ 20, 23, 102 Stat. 638, 639; Sept. 3, 1992, Pub. L. 102–365, § 2(4), 106 Stat. 972. |
| 20134(c) | 45:445(a), (b). | |
In subsection (a), the words “In addition” are omitted as surplus. The word “maintain” is substituted for “undertake” for clarity because the effort has begun. The words “the objective of” are omitted as surplus. The words “To carry out this section, the Secretary may use” are added for clarity.
In subsection (b), the words “Not later than ” are substituted for “within one year after ” for clarity.
In subsection (c)(1), before clause (A), and (2), the word “Secretary” is substituted for “Federal Railroad Administration” for clarity and consistency in the revised title. In this restatement, the Secretary of Transportation carries out all laws. However, this subsection is based on source provisions that provide that the Federal Railroad Administration carries out the subsection. A cross-reference to this subsection has been included in 49:103 to preserve duties and powers under this subsection to the Administrator of the Federal Railroad Administration.
In subsection (c)(1), before clause (A), the words “and incidents” are added for consistency in this part.
Editorial Notes
Amendments1996–2008 · 2 rounds
2008
Subsec. (a). Pub. L. 110–432 inserted at end “The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.”
1996
Subsec. (c)(2). Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
Statutory Notes and Related Subsidiaries
Pedestrian Crossing Safety
Pub. L. 110–432, div. A, title II, § 201, , 122 Stat. 4868, provided that:
“Not later than 1 year after the date of enactment of this Act [], the Secretary shall provide guidance to railroads on strategies and methods to prevent pedestrian accidents, incidents, injuries, and fatalities at or near passenger stations, including—
“(1) providing audible warning of approaching trains to the pedestrians at railroad passenger stations;
“(2) using signs, signals, or other visual devices to warn pedestrians of approaching trains;
“(3) installing infrastructure at pedestrian crossings to improve the safety of pedestrians crossing railroad tracks;
“(4) installing fences to prohibit access to railroad tracks; and
“(5) other strategies or methods as determined by the Secretary.”
[For definitions of “crossing”, “Secretary”, and “railroad”, as used in section 201 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.]
Credits
1994–2008 · 3 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 873
- 1996Pub. L. 104–287, § 5(48), , 110 Stat. 3393
- 2008Pub. L. 110–432, div. A, title II, § 208(c), , 122 Stat. 4876.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 873; Pub. L. 104–287, § 5(48), , 110 Stat. 3393; Pub. L. 110–432, div. A, title II, § 208(c), , 122 Stat. 4876.)