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Title 49 — Transportation

Part A · Chapter 211 — Hours of Service

§ 21106. Limitations on employee sleeping quarters

Statutory text

(a)

In General.—

A railroad carrier and its officers and agents—

(1)

may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; and

(2)

may not begin, after , construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.

(b)

Camp Cars.—

Not later than , any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a).

(c)

Regulations.—

Not later than , the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by . In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section.

(d)

Compliance and Enforcement.—

The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced a camp car pursuant to subsection (b) and shall prohibit the use of any non-compliant camp car. The Secretary may assess civil penalties pursuant to chapter 213 for violations of this section.

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.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 21106

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 891

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 891

    Enacted 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:

  2. Pub. L. 110–432 div. A title IV § 420 · 122 Stat. 4848

    1. Amended · 49 U.S.C. § 21106

      Pub. L. 110–432 designated existing provisions as subsec. (a)

    2. Inserted · 49 U.S.C. § 21106

      Pub. L. 110–432 inserted heading, in par. (1)

    3. Substituted · 49 U.S.C. § 21106

      Pub. L. 110–432 substituted “sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;” for “sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;”

    4. Added · 49 U.S.C. § 21106

      Pub. L. 110–432 added subsecs. (b) to (d)

    Source evidence

    Code amendment note
    Pub. L. 110–432 designated existing provisions as subsec. (a), inserted heading, in par. (1), substituted “sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;” for “sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;”, and added subsecs. (b) to (d).

    Enacted provision · exact public law section
    SEC. 420. EMPLOYEE SLEEPING QUARTERS.   Section 21106 is amended— (1) by inserting “(a) In General.—” before “A railroad carrier”; (2) by striking “sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;” in paragraph (1) and inserting “sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;”; and (3) by adding at the end the following: “(b) Camp Cars.— Not Deadline. later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a). “(c) Regulations.— Not Deadlines. later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section. “(d) Compliance and Enforcement.— The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced a camp car pursuant to subsection (b) and shall prohibit the use of any non-compliant camp car. The Secretary may assess civil penalties pursuant to chapter 213 for violations of this section.” .

5 of 5 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
2110645:62(a)(3), (4).Mar. 4, 1907, ch. 2939, 34 Stat. 1415, § 2(a)(3), (4); added July 8, 1976, Pub. L. 94–348, § 4(a)(3), 90 Stat. 818; June 22, 1988, Pub. L. 100–342, § 16(2), 102 Stat. 634.
 45:62(e).Mar. 4, 1907, ch. 2939, 34 Stat. 1415, § 2(e); added June 22, 1988, Pub. L. 100–342, § 19(b)(1), 102 Stat. 638.
 45:63a(d) (related to 45:62(a)(3)).Mar. 4, 1907, ch. 2939, 34 Stat. 1415, § 3A(d) (related to § 2(a)(3)); added July 8, 1976, Pub. L. 94–348, § 4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, § 16(4), 102 Stat. 635.

In this section, before clause (1), the words “and any individuals employed to maintain the right of way of a railroad carrier” are substituted for 45:62(e) because of the restatement.

Editorial Notes

Amendments

2008—Pub. L. 110–432 designated existing provisions as subsec. (a), inserted heading, in par. (1), substituted “sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;” for “sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;”, and added subsecs. (b) to (d).

Credits

1994–2008 · 2 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 891
  2. 2008Pub. L. 110–432, div. A, title IV, § 420, , 122 Stat. 4893.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 891; Pub. L. 110–432, div. A, title IV, § 420, , 122 Stat. 4893.)

Parsed from the official OLRC USLM XML in data/usc_all/usc49.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t49/s21106